Cyber Crimes and Challenges under the Bharatiya Nyaya Sanhita

Abstract

The rapid expansion of digital payments, social media, cloud computing and artificial intelligence has increased both the scale and complexity of cybercrime in India. Online financial fraud, identity theft, cyberstalking, intimate-image abuse, electronic forgery, organised cybercrime and synthetic-media manipulation now affect individuals, businesses and public institutions. This article examines the treatment of cybercrime under the Bharatiya Nyaya Sanhita, 2023, and its relationship with the Information Technology Act, 2000. It follows a qualitative and doctrinal methodology based on legislation, rules, official crime statistics and the new procedural and evidentiary laws. The Sanhita recognises electronic and digital records, includes cybercrime within organised crime and applies conventional offences such as cheating, personation, forgery, intimidation and stalking to technology-enabled conduct. Nevertheless, core computer offences remain governed by the Information Technology Act. The study identifies challenges relating to statutory overlap, artificial-intelligence-generated deception, cross-border investigation, attribution, electronic evidence, investigative capacity and victim redressal. It recommends clearer charging guidelines, technology-neutral definitions, specialised investigation, stronger forensic capacity and coordinated platform and banking responses.