CYBER CRIME AND LEGAL REMEDIES: WHAT EVERY YOUNG LAWYER SHOULD KNOW.

Introduction

The practice of law is no longer confined to courtrooms and physical documents. With the rapid digitisation of business, governance, and personal communication, crime has moved decisively into cyberspace. From online frauds and identity theft to data breaches and cyber harassment, cybercrime has emerged as one of the most litigated and commercially relevant legal domains in India.

For young lawyers and law students, understanding cybercrime and the available legal remedies is no longer a niche skill, it is a professional necessity. This guide provides a clear, practical overview of cybercrime laws in India and how legal remedies operate in real-world scenarios.

What Is Cybercrime?

Cybercrime refers to any unlawful act where a computer, digital device, or network is used as a tool, target, or medium for committing an offence.

In legal practice, cybercrime broadly covers:

• Crimes against individuals

• Crimes against organisations

• Crimes against the State

Common Types of Cybercrime in India

1. Online Fraud and Cheating

Includes:

• Phishing emails

• Fake investment schemes

• Online marketplace frauds

Legal relevance: Most frequently reported cyber offences.

2. Identity Theft

Unauthorised use of personal information such as Aadhaar, PAN, passwords, or digital signatures.

3. Cyberstalking and Online Harassment

Repeated online monitoring, threats, or abuse, often through social media platforms.

4. Data Theft and Data Breaches

Unauthorised access to confidential or personal data, including corporate databases.

5. Hacking and Unauthorised Access

Breaking into computer systems or networks without permission.

Primary Cyber Laws Applicable in India

Information Technology Act, 2000

The Information Technology Act, 2000 (IT Act) is the principal legislation dealing with cybercrime and electronic governance.

Key Cyber Offences Under the IT Act

Section 43 – Unauthorised Access and Damage

Covers unauthorised access, data copying, introducing viruses, or disrupting systems.

Civil liability in the form of compensation.

Section 66 – Computer-Related Offences

Applies when acts under Section 43 are committed dishonestly or fraudulently.

Criminal offence with imprisonment and/or fine.

Section 66C – Identity Theft

Punishes fraudulent use of electronic signatures, passwords, or unique identification features.

Section 66D – Cheating by Personation

Applicable to online scams and impersonation frauds.

Section 66E – Violation of Privacy

Covers capturing, publishing, or transmitting private images without consent.

Section 67 – Obscene Content Online

Deals with publication or transmission of obscene or sexually explicit material.

Cybercrime Under the Indian Penal Code (IPC)

Many cyber offences are prosecuted using a combination of IT Act and IPC provisions, such as:

Section 318 BNS: Cheating (Replaced Section 420 IPC)

Section 316 BNS: Criminal breach of trust (Replaced Section 406 IPC)

Section 336 BNS: Forgery (Replaced Section 468 IPC)

Section 79 BNS: Insulting modesty of a woman (Replaced Section 509 IPC; frequently used in online harassment and cyberstalking cases)

Section 111 BNS: Organized Crime (A new provision often applied to large-scale cyber-fraud syndicates and "digital arrests") 

This dual application is common in FIRs.

Cybercrime Investigation Process

1. Filing a Complaint

Complaints can be filed:

• At the nearest cyber police station

• Through the National Cyber Crime Reporting Portal

2. Registration of FIR

If a cognisable offence is disclosed, the police must register an FIR.

3. Digital Evidence Collection

Includes:

• IP logs

• Emails

• Device data

• Server records

Chain of custody is crucial.

4. Forensic Examination

Digital forensic analysis plays a central role in prosecution.

Legal Remedies Available to Victims

1. Criminal Remedies

• FIR under IT Act and IPC

• Arrest and prosecution of offenders

2. Civil Remedies

• Compensation for unauthorised access or data loss (Section 43 IT Act)

• Injunctions against misuse of data

3. Intermediary Takedown Requests

Platforms can be compelled to remove unlawful content.

4. Contractual Remedies

Breach of confidentiality or data protection clauses in commercial agreements.

Role of Young Lawyers in Cybercrime Matters

Young lawyers often handle:

• Drafting cybercrime complaints

• Advising on evidence preservation

• Coordinating with cyber cells

• Contractual risk assessment

• Compliance advisory for companies

Understanding procedural aspects is as important as substantive law.

Challenges in Cybercrime Litigation

• Jurisdictional complexity

• Cross-border data access

• Delays in forensic reports

• Rapid technological changes

A technically informed legal approach is essential.

Why Cyber Law Knowledge Is Career-Critical

Cyber law intersects with:

• Corporate law

• Data privacy

• Criminal law

• Technology law

• Compliance and risk management

Lawyers with cyber expertise are increasingly in demand across law firms, corporates, and consulting roles.

Conclusion

Cybercrime law is no longer an emerging field, it is an established and expanding legal practice area. For young lawyers, mastering cyber offences, investigative procedures, and legal remedies offers a strong professional advantage.

A sound understanding of cybercrime laws equips legal professionals to protect clients, advise businesses, and uphold digital justice in an increasingly connected world.

Frequently Asked Questions (FAQs)

1. Is cybercrime a criminal offence in India?

Yes. Many cyber offences are criminally punishable under the IT Act and BNS, 2023 and earstwhile IPC, 1860.

2. Can FIR be filed online for cybercrime?

Yes. Complaints can be filed through the National Cyber Crime Reporting Portal.

3. Is hacking always a criminal offence?

Hacking becomes criminal when done dishonestly or fraudulently.

4. Can companies claim compensation for data theft?

Yes. Civil compensation is available under the IT Act.

5. Which law is more important ~ IT Act or BNS, 2023 and/ or IPC, 1860?

Both are applied together depending on the nature of the offence.