New Approaches to Cybercrime and Digital Offenses in Bhartiya Nayaya Sanhita 2023

Author: Aman Yohan Tirkey, Hidayatullah National Law University.

This article mainly focuses on the issues that are related or concerned with cybercrimes that are happening in India about how cybercriminals perform and organize these unlawful activities as well as provisions related to cybercrime mentioned under Bhartiya Nyaya Sanhita 2023. Key findings focus on cyber terrorism, digital privatization and methods in prevention for these activities.

Cybercrime, Crime, Cyber Criminals, BNS, Technology.

In today’s era cybercrime is one of the most common crimes that happens in India. It creates inconvenience for the people in their life. In current times the rate of cybercrimes happening in India is also high as compared to earlier times due to the increase of intense digitalization. Cyber Criminals mainly focus on the weaknesses and make money from the innocent people through their unlawful operations. Methods like hacking and phishing are conducted by them to attack the people and then they steal the data of the victim and make money for themselves. The BNS helps in fighting these crimes but still challenges arise in implementation and enforcement of the laws.

The aim of this article is to analyse the approaches given in BNS and also about the introduction of the new provisions in Bhartiya Nyaya Sanhita 2023 helps in fighting these cybercriminals and particularly focusses to cope with these issues which are a threat to the society.

Ishan Artery: The article highlights cybercrime as illegal sports the usage of computers, the internet, or virtual devices. It discusses India's efforts, just like the IT Act of 2000, to cope with cybercrime however emphasizes the challenges posed by using its global nature. Local laws on my own are inadequate as cybercrimes go beyond borders, complicating prosecution. The article advocates for India to enroll in the Budapest Convention on Cybercrime to beautify worldwide cooperation. Cyber law governs online sports and protection, addressing issues like privateness and freedom of expression. With rising cybercrime because of technological growth, more potent worldwide collaboration and up to date prison frameworks are vital.

1. Sexual Harassment: Sexual Harassment is mentioned under section 75 of the BNS which states that if a person forcibly or tries to show any kind of pornographic content to any women against her will or if he makes any sexually suggestive remarks then he will be punished accordingly.

2. Voyeurism: Voyeurism is mentioned under section 77 of the BNS which talks about Cybercrimes that involve the illegal recording and distribution of intimate pix-frequently referred to as "revenge porn" or "upskirting".It makes it illegal to witness or file a lady doing a private act without her permission.

3. Stalking: Stalking is mentioned under section 78 of the BNS which also involves cyber stalking and it talks about individuals who, in spite of a woman's apparent disinterest, comply with or monitor her net pastime on an everyday basis. Cyberstalking below this provision refers to using era to annoy or threaten a girl, inclusive of following her whereabouts, making up money owed, or sending unsolicited messages.

4. Organised Crime: According to Section 111 of the BNS, prepared crime is any ongoing unlawful action accomplished by way of some human beings operating together. Cybercrimes are expressly covered within the range of these styles of moves. This class might also consist of ransomware, phishing, identification robbery, cyber extortion, and botnet operations.

5. Petty Organized Crime: Petty prepared crime is any act of robbery, snatching, dishonest, or other similar criminal behaviour performed by way of a group or gang, in keeping with Section 112 of the BNS. Although the clause in particular addresses conventional varieties of organized crime, a few cybercrimes might also fall underneath its purview. This is mainly real when a gang or agency conducts coordinated cyberattacks or scams, such clickbait, card skimming, or phishing schemes.

6. Act endangering sovereignty, unity, and integrity of India: The BAND's Section 152 covers offenses that jeopardize India's integrity, team spirit, and sovereignty. Although it focuses by using and huge on offline acts, it could moreover take a look at to a few cybercrimes that pose a hazard to countrywide safety as it especially uses the term "virtual verbal exchange" to incite armed rebellion, secession, subversive sports, or feelings of separatist pastime, or to jeopardize India's sovereignty, cohesion, or integrity. Section 152 covers cybercrime, which includes disinformation campaigns, espionage, cyberwarfare, and propaganda.

Earlier in the Indian Penal Code these crimes were recognised but not like those that are mentioned under new laws, now these crimes are recognised by their organized nature which is known as organized crimes. The category of organized crimes is used to determine such acts or crimes which are committed either by groups or individuals working together. These crimes include fraud, stealing data etc.

Earlier the punishment for these crimes were not strict as compared to today’s punishment, now under the Bharatiya Nyay Sanhita the punishment for committing such crime is a minimum of 5 years in prison and a minimum fine of five lakh rupees for any member that is a part or a member of such crime.

The shift from earlier laws to new laws helps in fighting such modern crimes that are happening a lot in the country like hacking, fraud, data theft etc.

Usage of audio-video communications and electronic communication under various procedures

The new laws that are given in the BNSS helps the courts in making their proceedings faster as compared in earlier times. In some of the cases the courts also use audio-video communications and other digital methods in the proceedings of the cases. The use of digital methods helps to make these court proceedings easier for everyone to access the case information, faster as well as it also reduces a lot of paperwork.

The official notices to the respective parties can be sent electronically and on the other hand the invigilators can also record or make a video of the witness statement. The process of search and seizure can also be recorded in this manner to maintain a proper clarity during the operation. Use of these methods makes the court proceedings and investigations more transparent and smoother.

Scope of certain sections extended to include activities performed through electronic platforms as crimes

The new laws in the BNS helps in fighting those crimes that are mostly committed online like bullying, hate speech etc by using social media, text messages and by other means. There are proper sections under BNS like section 196 and section 197 prohibit spreading hateful speech, section 353 prohibits a person for sharing any kind of false information that could disturb the public peace in general and section 294 recognizes revenge porn and violent content under the category of indiscriminate terrorism.

The laws given under BNS also helps in countering fake news and online propaganda that carries the nature of harming the society as well as it makes it easier to prosecute those who are spreading these things with the help of social media or other platforms. With the help of technology it has become very easy to update any legal definition and to detect as well as prevent online crimes that are happening in the country.

Recognition of electronic records as primary evidence

Section 57 of the BSA represents a major change in tackling cybercrime in India. This clause recognizes electronic documents as prima facie evidence in legal proceedings, including emails, social media posts. Digital documents and more compared to the past When similar evidence is of secondary status and requires further investigation. This is a significant improvement. Previously, the search and filing process was significantly delayed. This allows for the availability of useful copies of digital evidence. Article 57, on the other hand, removes the barriers to defining electronic documents as prima facie evidence. It helps the court use electronic information faster and more efficiently.

Additionally, this section recognizes that data may be managed by multiple devices operating in parallel. and manage these network devices as a single device to meet license requirements. Finally, to submit electronic records as evidence You must submit a certificate signed by the expert and person responsible for the computer, communications unit or administration of the current activity. This certificate must specify the equipment used to produce the plates. Certify that it is acceptable and see that all requirements were met This is to guarantee that electronic evidence is accurate and to prevent false electronic documents from affecting legal proceedings. In many subsequent cybercrime studies, digital images, films, and other multimedia evidence have emerged. These recommendations help ensure the availability of such digital multimedia evidence to prove cybercrime by establishing established standards for how it is collected, preserved, and presented to courts. This section lays the foundation for a justice system that is more successful at preventing cybercrime and prosecuting perpetrators by accelerating evidence collection, protecting witnesses, and ensuring the immediacy of electronic records.

Adoption of the new Indian Penal Code It deals with modern issues such as cybercrime. and adapt to the complexities of the digital age. It is considered an important step towards modernizing the country's justice system. These amendments are intended to promote accountability. accessibility and transparency in the criminal justice system. by replacing old criminal laws. However, to successfully integrate these laws It must be implemented well. Strictly and continuously adjust to meet the needs of society.

1. "Certification of Electronic Evidence: Safeguards under the Bhartiya Sakshya Adhiniyam," Legal India, September 2024

2. Digital Communication and Cyber Law under BNS, 2023," Indian Law Review, September 2024

3. "Bhartiya Sakshya Adhiniyam and the Authentication of Electronic Evidence," Indian Legal Review, August 2024

4. Bhartiya Nyaya Sanhita and Cybercrime: New Legal Perspectives," Journal of Indian Criminal Law, August 2024.