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Trending: Call for Papers Volume 5 | Issue 2: International Journal of Advanced Legal Research [ISSN: 2582-7340]

TRANSNATIONAL NATURE OF CYBERCRIMES AND THEIR RELEVANCE TO INDIA – Raunak Majumdar

ABSTRACT

Humanity has wholeheartedly adopted the digital era to cater to its daily affairs and is constantly evolving with every passing day. Alongside the current cybercrimes, its vast scope is expanding daily. Hackers and cybercriminals are scattered across the internet, carefully observing the users’ activities and the servers containing sensitive data. As soon as a minute weak link is spotted, they grasp hold of the moment and engage in fulfilling their malicious intentions. The magnitude of its damage can be unthinkable at times. The perpetrators of these crimes must be punished accordingly, but what are the legal mechanisms to abide by in circumstances where cross-border or transnational cybercrime has taken place?India has faced hindrances in several instances due to cyber-attacks like Distributed Denial of Service Attacks (DDoS) and Ransomware. They crucially affected India’s critical infrastructure systems. There is legislation in India related to cybercrime. Still, the question is how these legislations seek to be in tandem with the globally evolving cyber landscape legal framework to tackle the impact of heinous attacks like Distributed Denial of Service Attacks (DDoS) and Ransomware. The nature of cybercrimes and the extent of their harmful effects on society can be catastrophic in the absence of proper justice mechanisms. The prosecution aspect of cybercriminals in the absence of any uniformity in laws globally is the call of the hour. This study aims to critically bring to light the prosecution challenges faced due to the non-uniformity of laws about cyberspace because of its borderless nature.

Keywords: Cybercrimes, Transnational Cybercrime, Cyber-attacks, Critical Infrastructure, Prosecution Challenges