Legal Mechanisms for Cyber Threat Mitigation in India: A Comparative Jurisprudential Analysis
Author : Ashish Sharma and Savyasanchi Pandey
Abstract :
In the digital age, India faces an alarming surge in cyber threats ranging from data breaches and ransomware to state-sponsored cyberattacks. Despite rapid technological advancement, the existing legal framework—primarily anchored in the Information Technology Act, 2000—proves inadequate to counter contemporary and complex forms of cybercrime. This research investigates the current cybersecurity legal framework in India, analyzes judicial trends, and compares India's regulatory landscape with global best practices. Through doctrinal and comparative legal methods, this study evaluates the effectiveness of existing legislation, the role of authorities like CERT-In, and the influence of landmark judicial interpretations. The analysis reveals major legal gaps, including the absence of a dedicated cybersecurity statute, weak cross-border cooperation mechanisms, and fragmented enforcement architecture. By drawing parallels with international conventions like the Budapest Convention, the paper underscores the need for harmonization of Indian laws with global standards. Furthermore, it proposes comprehensive legal reforms such as the enactment of a specialized Cybersecurity Act, creation of cyber-specialized judicial benches, and capacity-building initiatives for enforcement agencies. The study concludes that without robust legal frameworks and institutional accountability, India’s ambition of digital sovereignty remains vulnerable. This paper aims to contribute to policy discourse and legal scholarship by offering actionable recommendations to strengthen India’s legal response to cyber threats in alignment with constitutional values and international commitments.
Keywords :
Cybersecurity law, India, Information Technology Act, cybercrime, CERT-In, judicial trends, Budapest Convention.
