Journal of International Law, Politics and Society

International Open Access Double Blind Peer Reviewed, Referred Journal

ISSN No. : 3108-0464

Cyber Crimes in India: Legal Framework, Investigation Challenges, and Role of Electronic Evidence

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Mohd Usman, & Dr. Rohit Kumar Shukla (2026). Cyber Crimes in India: Legal Framework, Investigation Challenges, and Role of Electronic Evidence. Journal of International Law, Politics and Society, 2(2). Retrieved from https://jilps.in/journal/cyber-crimes-in-india-legal-framework-investigation-challenges-and-role-of-electronic-evidence/

Abstract

India’s legal landscape has undergone a historic transformation with the transition from colonial-era legislations to the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), operative from July 1, 2024. Against the backdrop of a 217% surge in cybercrime incidents between 2018 and 2023, this research paper provides an exhaustive analysis of the new framework designed to integrate technology into the Indian justice system. The study examines the substantive shifts in the BNS, particularly Section 111, which elevates cyber syndicates and "fraud factories" to the status of "Organized Crime," carrying severe penalties including life imprisonment. It further analyzes the codification of digital deception under Section 318 (Cyber Fraud) and the introduction of "Digital Sovereignty" offenses under Section 152. Procedurally, the paper evaluates the BNSS mandates, specifically the compulsory audio-video recording of search and seizure (Section 105) and the requirement for forensic expert visits at crime scenes (Section 176), highlighting the infrastructural deficits that threaten implementation. Furthermore, the paper critically assesses the evidentiary changes under the BSA, which redefines primary and secondary electronic evidence and mandates a dual-signature expert certificate (Section 63) for admissibility. Despite these legislative advancements, the research identifies systemic bottlenecks, including a 0% success rate in certain MLAT requests, critical shortages in forensic personnel, and a conviction rate of merely 886 cases against 86,420 registrations in 2023. The paper concludes that while the new laws represent a watershed moment, immediate investment in forensic infrastructure and "Examiners of Electronic Evidence" is required to prevent these statutes from remaining a "paper tiger"

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