Abstract
The proliferation of digital technologies has fundamentally transformed the landscape of white-collar crime in India, creating sophisticated mechanisms for financial fraud that exploit technological infrastructure and human vulnerabilities. This paper examines the intersection of cyber frauds, digital crimes, and human rights violations in contemporary India, analyzing the structural vulnerabilities in both legal frameworks and digital governance mechanisms. Drawing on recent empirical data, case law, and institutional responses, this research argues that India’s existing legal framework-centered on the Information Technology Act, 2000-inadequately addresses the nexus between cybercriminal activity and systemic human rights erosion. Through an analysis of prominent cybercrime typologies including “digital arrest” scams, investment frauds, and financial cyber frauds, this paper identifies critical gaps in investigation capacity, judicial responsiveness, and victim protection mechanisms. The paper proposes that a rights-based approach to cybercrime regulation, integrating data protection, privacy safeguards, and victim-centered remedies, is essential to address vulnerabilities while maintaining democratic freedoms.
Keywords: cybercrime, white-collar crime, human rights, digital fraud, India, victim protection, digital justice
1. Introduction
The digital transformation of India has been characterized as one of the most ambitious technological integration projects globally, with initiatives such as Digital India, Aadhaar-enabled payment systems, and Unified Payments Interface (UPI) facilitating unprecedented financial inclusion. Yet this same digital infrastructure has become the vector for increasingly sophisticated forms of white-collar crime. Between 2022 and 2024, cybersecurity incidents in India increased 120%, rising from 10.29 lakh incidents to 22.68 lakh incidents. The financial toll has been equally alarming: cyber frauds resulted in reported losses exceeding ₹36.45 lakh on the National Cyber Crime Reporting Portal (NCRP) as of February 2025, with projected annual losses estimated to exceed ₹1.2 lakh crore (0.7% of India’s GDP) in 2025.
The contemporary manifestation of cybercrime in India presents a qualitatively distinct phenomenon from traditional white-collar crime. It operates at the intersection of technological sophistication, transnational criminal networks, and psychological manipulation, creating what scholars have termed “digital tradecraft.” Particularly alarming is the emergence of “digital arrest” scams, wherein fraudsters impersonate law enforcement officers through digital means, extorting approximately ₹3,000 crore from Indian citizens, predominantly seniors, before the Supreme Court’s recent intervention.
This paper interrogates the relationship between the digital transformation of India’s economy and the expansion of cybercriminal enterprise, specifically examining how existing legal, institutional, and governance frameworks fail to adequately protect fundamental human rights in this context. The central hypothesis guiding this inquiry is that the lacunae in India’s cybercrime regulation create systematic vulnerabilities that transform cybercriminal activity from a discrete criminal phenomenon into a vehicle for widespread human rights violations, including threats to dignity, privacy, property rights, and access to justice.