Cybercrime and its Legal Implications: Analysing the challenges and Legal frameworks surrounding Cybercrime, including issues related to Jurisdiction, Privacy, and Digital Evidence

International Journal of Research and Analytical Reviews, July 2023, Volume 10, Issue 3

15 Pages Posted: 26 Apr 2024

See all articles by Ishan Atrey

Ishan Atrey

Indian Institute of Management (IIM), Rohtak; University of Petroleum & Energy Studies (UPES) School of Law

Date Written: July 9, 2023

Abstract

This research paper delves into the complex landscape of cybercrime and its legal implications within India. The advent of the digital age has given rise to numerous challenges for law enforcement agencies, policymakers, and legal systems worldwide. This paper examines the multifaceted issues surrounding cybercrime, focusing on jurisdictional challenges, privacy concerns, and the admissibility of digital evidence. Through an analysis of existing legal frameworks, case studies, and scholarly research, this paper aims to shed light on the evolving nature of cybercrime and the legal responses required to address this growing threat. Cybercrime has emerged as one of the most significant threats in the digital age. Cyberattacks' frequency, scale, and sophistication continue to increase, affecting individuals, organisations, and governments worldwide. It is essential to comprehend the nature of cybercrime to develop effective strategies to prevent, detect, and respond to these threats. cybercrime represents a significant challenge in the digital era, requiring a comprehensive understanding of its nature, scope, and legal implications. By studying cybercrime, researchers, policymakers, legal professionals, and law enforcement agencies can develop proactive measures to combat this growing threat, safeguard individuals and organisations, and ensure a secure digital environment. This research paper seeks to provide insights into the evolving nature of cyber threats, identify areas of improvement in legal frameworks, and offer recommendations for enhancing responses to cybercrime regarding jurisdictional issues, privacy concerns, and the admissibility of digital evidence. privacy concerns in cybercrime investigations require striking a balance between effective law enforcement and protecting individual privacy rights. This can be achieved through adherence to legal safeguards, such as obtaining proper warrants, conducting targeted surveillance, minimising data collection and retention, implementing strong security measures, and ensuring transparent oversight and accountability mechanisms.

Keywords: Cyber Crimes, Identity Theft, Cyber Security, Digital Evidence, Privacy,

Suggested Citation

Atrey, Ishan, Cybercrime and its Legal Implications: Analysing the challenges and Legal frameworks surrounding Cybercrime, including issues related to Jurisdiction, Privacy, and Digital Evidence (July 9, 2023). International Journal of Research and Analytical Reviews, July 2023, Volume 10, Issue 3 , Available at SSRN: https://ssrn.com/abstract=4789133

Ishan Atrey (Contact Author)

Indian Institute of Management (IIM), Rohtak ( email )

Maharshi Dayanand University
Delhi Rd
Rohtak, Haryana 124001
India

University of Petroleum & Energy Studies (UPES) School of Law ( email )

Kandoli Campus
Dehradun, Uttrakhand 248007
India

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