TOPIC: - Comparative analyses of cybercrime in India and UK

Introduction

In today’s world, everything is lunging towards the cyber world, via digitization and
networking to fast-track their way to the abundance of benefits of the online world. Fields
such as marketing, commerce, communication have not only been revolutionized but have
completely evolved new, previously non-existent branches such as online marketing, e-
commerce, and online communications. But as is the rule of evolution, following the
evolution of prey, the predator evolves soon after. And thus, the cyber world birthed an
entirely new category of criminal methodology commonly referred to as cyber crime. To
handle the atrocity of cyber crime the development of law and order at the same pace is
crucial. Although the prevalent laws namely, IT ACT 2000, National Cyber Security Policy,
etc cover some aspects of cyber crime; it is far from being said that cyber laws in India are up
to the required standards. For instance, issues such as cyber vandalism, cyber violence, and
cyber rape are completely unaddressed. Even the term “Cyber Crimes” has not been
recognized under any statutory text.

In general, cyber law is a legislation that focuses on the proper use of technology, such as
hardware and software, the internet, and networks. It also reflects on how people use
technology in their daily lives. Cyber law protects users by allowing for the detection and
prosecution of online criminal activity. It covers the activities of individuals, associations, the
media, government, and private organisations. The law looks at crimes committed in the real
world that are made possible by cyberspace. There is a growing need for regulating cyber
laws that can address jurisdictional and privacy concerns, as well as intellectual property
rights and other legal issues.

Therefore, this paper will mainly focus on the cyber law policy issues and emerging trends.

Research Problem

Territorial jurisdiction is fails to provide a satisfactory clarity through its mention in sections
46, 48, 57 and 61 with respect to adjudication process and the procedure in connection with
it. Moreover section 80 gives the power to a police officer to enter a search a public place for
cyber crime since cyber crime is a virtual event such legislation creates a plethora of
ambiguity. In cases of a cyber-attack from one state to another, the legislature holds silence
again and thus there arises a ton of ambiguity of jurisdiction. Moreover the IPC fails to
acknowledge even the basic terms such as Cyber Crime throughout its entirety.

Another issue if simply is that the laws just are not at the same pace at which the cyber crime
is growing. For instance cloud computing attacks, Denial of Service attacks are unaddressed.
This is troublesome specially with arrival of services like e-locker services via banks, online
police records and confidential documents, online records of personal documents, and
personal data, etc. this data can be and has been inappropriately accessed in the past.

There are several emerging trends in Cyber Law which are based on the analysis of emerging
cyber law jurisprudence. With the growing pace of technology, it may not possible to
overrule any new trend in the technology which might have direct or indirect impact on
Cyber Law. There may be various interesting and important challenging threats emerging in
the jurisprudence of cyber law. Therefore, this research will focus on the policy issues in
India and emerging trends in Cyber law.

Objectives

The researcher has undertaken this topic to analyse cyber law policy issues and emerging
trends. The main objectives of the present study are under as follows:-

 To know the emerging trends in cyber law.

 To understand India’s Cyber law.
 To understand the policy issues related to cyber law and cyber space.
 To find out the solution related to emerging trends and policy enforcement.

Research Questions

Q1. What are the various classifications of Cyber Crime?

Q2. What are the emerging trends in Cyber Law?

Q3. What are the problems in enforcement of cyber-crime law and policy?

Q4. Does the Indian law is sufficient to tackle the emerging trends related to cyberspace and
Cyber Crime?
 Scope and limitation

This research paper is about cybercrime in India, So the scope is limited to the laws of India.

Mode of citation

This research project follows Blue Book 20th edition citation style.