JURISDICTIONAL CHALLENGES IN ADDRESSING CYBERCRIME IN INDIA: BALANCING FEDERAL AUTHORITY, STATE LAWS, AND SOCIETAL FACTORS

Cybercrime in India presents complex challenges rooted in the interplay of federal and state jurisdictions, which are further compounded by significant socio-economic factors such as poverty, legal illiteracy, and a prevalent "easy money" mindset within certain demographics. This paper critically examines the legal, technical, and societal dimensions of cybercrime governance in India, analyzing the application of federal laws, notably the Information Technology (IT) Act, 2000, and the impact of state-specific regulations. It explores the recurring jurisdictional conflicts in cybercrime cases, the complexities introduced by international law, and the technical difficulties in attributing cyber offenses. Drawing parallels with established global frameworks, such as the U.S. Supremacy Clause and international cyber treaties, the study proposes a coordinated national approach. Recommendations include harmonizing federal and state cyber laws, enhancing public awareness, and strengthening international cooperation to effectively combat cross-border cyber threats and address the societal drivers of cybercrime.

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Publication Details

Published
2025-10-03
DOI
https://doi.org/10.31235/osf.io/gz3na_v1
Primary Topic
Cybercrime and Law Enforcement Studies
Type
article
Field-Weighted Citation Impact
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article

JURISDICTIONAL CHALLENGES IN ADDRESSING CYBERCRIME IN INDIA: BALANCING FEDERAL AUTHORITY, STATE LAWS, AND SOCIETAL FACTORS

Srinivasa Srinivasa Rao
Cybercrime and Law Enforcement Studies
article

JURISDICTIONAL CHALLENGES IN ADDRESSING CYBERCRIME IN INDIA: BALANCING FEDERAL AUTHORITY, STATE LAWS, AND SOCIETAL FACTORS

Srinivasa Srinivasa Rao
article en

Abstract

Cybercrime in India presents complex challenges rooted in the interplay of federal and state jurisdictions, which are further compounded by significant socio-economic factors such as poverty, legal illiteracy, and a prevalent "easy money" mindset within certain demographics. This paper critically examines the legal, technical, and societal dimensions of cybercrime governance in India, analyzing the application of federal laws, notably the Information Technology (IT) Act, 2000, and the impact of state-specific regulations. It explores the recurring jurisdictional conflicts in cybercrime cases, the complexities introduced by international law, and the technical difficulties in attributing cyber offenses. Drawing parallels with established global frameworks, such as the U.S. Supremacy Clause and international cyber treaties, the study proposes a coordinated national approach. Recommendations include harmonizing federal and state cyber laws, enhancing public awareness, and strengthening international cooperation to effectively combat cross-border cyber threats and address the societal drivers of cybercrime.

Openalex Percentile: Top 60%
Cybercrime and Law Enforcement Studies
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