Rethinking India’s cybercrime law: from information technology act to emerging threats in a global context

This paper critically examines India’s evolving cybercrime framework against the backdrop of rapidly advancing digital technologies and rising global cyber threats. Anchored in the Information Technology Act, 2000 [hereinafter, ′IT Act′], that completes 25 years of enforcement, India was among the earliest in the Global South to legislate digital offences. However, the emergence of AI-enabled frauds, ransomwares, deepfakes, and cross-border cyberattacks has outpaced this legacy framework. This study analyses the effectiveness of India’s current laws against contemporary challenges, particularly the growing scale and sophistication of cybercrime targeting its digital economy. Using India as a primary case study, the paper maps key legislative gaps, including vague definitions, low conviction rates, and the lack of tailored provisions for AI-driven threats. It evaluates global legislative models, specifically from the United States, United Kingdom, Australia, China, and the European Union, chosen for their thematic relevance and regulatory interactions with India’s digital ecosystem. By comparing India’s framework with global trends and multilateral instruments like the Budapest Convention and the new United Nations Cybercrime Treaty, the paper identifies opportunities for reform and harmonisation. The paper concludes with a roadmap for reimagining India’s cyber law architecture to meet contemporary challenges and align with global best practices.