LIJDLR

CYBER CRIME AND CHANGING CONTOURS OF CRIMINAL LIABILITY IN CYBERSPACE: A LEGAL AND POLICY PERSPECTIVE

Manasa Ranjan Mishra, Assistant Professor at ICSS Law College, Bhadrak, Odisha (India)

The rampant proliferation and exponential surge of digital technologies have brought about drastic transformation in the genre, and modus operandi of criminal activities in cyberspace. Cyber-crime, being heterogenous unlike conventional crimes, is distinguished by the trait of its obscurity, cosmopolitan presence and technological intricacy that purporting to pose potential threat to traditional nuances of criminal liability embedded in territorial jurisdiction and physical presence. The present paper attempts to trace the genesis of evolving landscape of criminal liability in cyberspace in terms of legal and policy dimensions with special reference to Indian Context. The paper examines the efficacy of prevailing legal frameworks like “IT Act, 2000 and BNS, 2023 in mitigating cyber threats. It tries to unfold strategic issues like ascribing liability in unfamiliar surroundings, jurisdictional disputes in transnational offences, accountability of intermediaries in digital platforms, and evidentiary bottlenecks involved in digital forensics. Further this study emphasizes the burgeoning significance of artificial intelligence that accentuates the complexities of conventional notion of criminal liability. This study acknowledges the fact that despite of enormous stride of cyber regulatory ecosystem in India, still the changing dynamics of cyberspace calls for erecting a robust institutional infrastructure and legal acclimatization. In the matter of policy perspective, this study recognizes large discrepancy in regulatory enforcement, technological prowess, and transnational partnership. The paper cast a concluding observation in fostering a techno-legal mix of perceptions which ought to imbibe international efforts and capacity building initiatives into legislative reforms. The study put emphasis on arriving at a balanced approach to strengthening cyber security, while upholding fundamental rights of privacy and freedom of expression. Eventually, the paper underlines that to have a meaningful and responsive legal system to cyber-crime; it is highly imperative to revisit the contours of criminal liability in cyberspace.

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Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 1250–1275.
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