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Unfolding the glitches in cyber law: to punish digital  wrongdoers

Authored By: Wajiha ali namazi

Keshav memorial college of law

ABSTRACT:

This article is all about the increase in cybercrimes, the lack of specified and  proper punishments, and raising awareness among people about the different cybercrimes and  advancements in them due to the fearlessness among wrongdoers. This is also about measures  to be taken by the young girls who are the real target of the cyber criminals. It’s all about the  advancement in crime, yet having the same legal system without any advancement in these  issues.

INTRODUCTION:

Hey everyone, I am here with an intriguing topic. It’s all about the things we use day and night for  everything except a few. We use the internet and cyberspace for communication, work, entertainment,  etc. Everything nowadays is nearly impossible without the internet. So we need to be careful. This  cyberspace is also the place of the wrongdoers who are fearless, as getting caught is difficult, so they  do as they wish. 

Where there is a will, there is a way, We need to take initiative to implement some prominent  provisions. This is the only solution for the problem we are facing, but first, we need to find the  specified problem, so that we can get the perfect provision into existence and get the problem solved.

There are cyber crimes increasing day by day, the unpredictable crimes are now easily possible these days: UPI scams, fake money requests, QR manipulations, credit & debit card scams, etc. The following is the chart showing the cyber scam trend in India:

The Advancement of Cyber Crimes:

Many cybercrimes already existed, but now they have become more advanced

Phishing was done through emails, but nowadays, it’s being done through SMS and many other  communication platforms.

Hacking was there as the website defacement, but nowadays it has come to mobile phones, and now  through hacking, people can control all your activities of phone activities and gain access to your  personal data.

Cyberbullying: Harassment, intimidation, or threats through social media, messaging apps, or online  gaming platforms. It can have severe emotional & psychological impacts on victims, especially  children & adolescents.

Cyberstalking: causing fear or distress to the victim through repeated harassment or intimidation  through electronic communication.

Sextortion: asking for sexual favours from the victim by use of threat and harassing the victim Online Grooming: getting into relationships with minors for sexual exploitation through cyberspace.

Ransomware Attacks: encryption of a victim’s data & demands a ransom for its release through  malicious software.

Cryptocurrency Scams: Fraudulent schemes involving cryptocurrencies, such as fake investment  opportunities or Ponzi schemes.

Loopholes and Jurisdiction Challenges:

Many severe punishments prevail if such acts are done in the real world, but in cyberspace, they are  easy and fearless to commit.

The crimes like cyberstalking which include sending repeated message even after getting ignored  several times insisting them to respond on those texts sent by the wrong doers, being involved in  activities of someone obsessively, creating fake accounts to trouble people, harassing people by way  of threatening, blackmailing, sexting, unauthorized use of social media, emails, location apps.

Most of the above crimes are witnessed by the young girls who are targets of these kinds of digital  wrongdoers.

Then the victims who suffered will keep quite without complaining anyone about the thing happened  to them which is also one of the reasons these criminals are living happily without any trouble,  victims must be bold enough to tackle the situations and should have the spirit of fighting against  injustice happened to them so that any other person should not suffer as she suffered.

The stricter punishments make the crimes look dangerous and make people fear doing them. But since  cyberspace can be handled from anywhere, having extra-territorial jurisdiction, which makes it  difficult for protectors like cyber cells to catch the mess creators, leading them to become stronger day  by day.

We need to take care of ourselves first by:

  • getting knowledge of cyberspaces and the digital world,
  • taking all the measures to be protected from these wrongdoers.

Measures to be taken:

  • Do not interact with known people online; they may be manipulators who may insist you do what you don’t want to do.
  • Be aware of suspicious websites.
  • Don’t trust job-providing pages on social media
  • Ask for authenticity if required
  • Never trust people online in any case
  • Never open the links shared through SMS or Emails: those may act as access to your phone • Report immediately in case of any abnormality in your transactions.
  • Never fear the threats
  • Take immediate action whenever you feel insecure
  • Call and complain regarding the threats received or any such manipulations • Be strong while such a thing happens
  • Make your friends and family aware of basic cautions while using the internet • Tell them about the measures to be taken if they are in danger in cyberspace • Be careful while applying for jobs online, as they may take your important ID proof and create a fake identity of you
  • Never share your card details with anyone online, as bank scams are common these days

After taking all the measures sometimes unfortunately we fall into troubles and these troubles are due  the advancement in crime not because you did something wrong so, in those moments you need to be  strong and try to solve it with the help of elders, seek help from cyber cell authorities, few things  come where we alone are not enough. So seeking help does not lower you in front of anyone, but  these things elevate you in different aspects so that you grow in all manners and live in society  happily. If not you, but knowing person of yours is in trouble, then don’t make fun of them/but make  it obvious that it would have happened to anybody, and try to help him/her out with the guidance of  elders.

Encourage Cyber Security Courses

The Government should encourage courses such as cyber security, ethical hacking, and many more  by implementing such courses in the syllabus so that no one can skip getting educated in this  perspective. Though all may not have an interest in it, at least they may protect themselves, and if not  so, at least they will be able to find out if any such suspicious activity occurs and rush to the cyber  cell. Increase the awareness among the youngsters so they can obtain a

Legal Reforms and Stricter Punishments

But now, after the recent enactments done by the Indian legislation have brought a new direction in  the world of cybersecurity. There are many amendments done in the IPC [Indian penal code] and a  new enactment, BNS[Bhartiya Nyaay Sahita ], came into existence, which gave great relief to the  victims of cyber crimes like cyber stalking, etc, by declaring severe punishments for the wrongdoers.  So that may create a threat to the wrongdoers from committing the crime.

Sections: 303,318,335-344,351,354,356,74,66,316,327 are now used for punishing different wrongdoers in cyberspace at present in different related cases.

The above-mentioned sections are of theft, stalking, harassment, defamation, obscene  publications etc. They are somehow made related to digital crimes and punished accordingly  with the punishments given under these sections. But now it’s high time we need a specified  separate section for cybercrimes, which would help everyone grow using the internet and end  the threat of these digital wrongdoers.

However, there is a clear direction to have an overhaul of the IT Act, 2000 as well, which will  become the “Digital India Act” and is likely to be in place after the General Elections later  this year. Also, the Government from the above is making sure that the laws are very tightly  knitted together, with the Digital India Act being the overarching Act in the space of  cybersecurity, AI, and data privacy, the Digital Personal Data Protection Act, 2023, and the  likely sectoral level laws all weaved into a comprehensive framework.

But as we all know, the enactment execution takes a lot of time, so we need to be careful till  then. And we shall be ready with our suggestions for the executions. 

Conclusion:

The initiatives that the government must take in this context are: they must encourage  the field of ethical hacking, and must have a team consisting of high-tech knowledge so that they can help find the cybercriminals. When we find them and punish them rigorously so that would result in a  huge change in cyberspace, which would help all the users be safe and secure using the internet.

Now it’s made absolute that the wrongdoers will be punished no doubt, but we shall always be careful  with the internet and its use, as we all know, prevention is better than cure, and the process of getting  justice takes time, only we victims who suffer at the end. Be aware, be safe, guys.

REFERENCE(S):

Cybercrimes in India (scriptonet, 03 April 2025) https://www.scriptonet.com/journal/cyber crimesinindia/#:~:text=Several%20types%20of%20cybercrimes%20are%20prevalent%20in% 20 accessed on 09 May 2025

Bharatiya Nyaya Sanhita 2023, Act No. 45 of 2023, s 303, s 318, s 335-344, s 351, s 354, s 356, s  74, s 66, s 316, s 327

Information Technology Act 2000, Act No. 21 of 2000, s 69, s 67

Srinjoy Banerjee & Puja Tiwari Recent Changes to the Cybersecurity Regulatory Space in  India on 04 Apr 2024 < https://iclg.com/briefing/20423-recent-changes-to-the-cybersecurity regulatory-space-in-india> Accessed on 10 May 2025

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