Dr. Ramesh Kumar Singh
Law
July 2025
The digital growth in India has been characterised by a sudden surge in cybercrime, viz. identify theft and phishing, cyber-stalking, data breach, and abuse of new technologies like AI and blockchains, among others. It was only recently when the nation used to be governed by colonial laws, such as Indian Penal Code (I.P.C), and did little employment and applied little to the Information Technology Act, 2000, which were practically incapable of protecting the nation against the magnitude and severity of current cyber-attacks. This paper presents a critical analysis of the recently promulgated Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) so as to analyze its relevance and suitability in dealing with digital and cybercrime. The research establishes major developments through the doctrinal analysis and comparative legal review, including the identification of new crimes of digital nature and electronic evidence, e-FIR, and procedural reforms. It also identifies lingering gaps such as deficiency in definitions, and existence of cross-border investigation protocols, and issues bordering on privacy and surveillance. The researchers argue that although the new institutional architecture should be taken as a major leap, its effectiveness will hinge on strong institutional capacities, effective digital infrastructure and law-making flexibility. Legal enforcement through training, forensic readiness, and clarity with laws must be strategic factors that will ensure a safe digital legal system
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