Cyber Crime and Online Fraud in India: Legal Remedies Under IT Act and BNS

The Growing Threat of Cyber Crime

India has witnessed an exponential increase in cyber crimes, with online fraud losses estimated to run into thousands of crores annually. From phishing and identity theft to UPI fraud and ransomware attacks, the digital economy’s growth has created new vulnerabilities that criminals are actively exploiting. Understanding the legal framework for addressing cyber crime is essential for both individuals and businesses.

Legal Framework: IT Act and BNS

Cyber crimes in India are governed by two primary legislations: the Information Technology Act, 2000 (IT Act) and the Bharatiya Nyaya Sanhita (BNS), 2023. The IT Act provides specific provisions for computer-related offences, while the BNS addresses the underlying criminal conduct (cheating, fraud, theft) that may be committed through digital means.

Key IT Act provisions include Section 43 (unauthorized access to computer systems, penalty and compensation), Section 66 (computer-related offences, imprisonment up to three years), Section 66C (identity theft, imprisonment up to three years), Section 66D (cheating by personation using computer resources, imprisonment up to three years), and Section 72 (breach of confidentiality and privacy).

BNS Provisions for Cyber Fraud

Section 318 BNS (cheating) explicitly covers fraud committed through digital and electronic means. Section 319 BNS (cheating by personation) addresses online impersonation. Section 336 BNS (forgery) includes forgery of electronic records. These provisions complement the IT Act and provide higher penalties for more serious offences.

Filing a Cyber Crime Complaint

Victims of cyber crime should report the incident to the National Cyber Crime Reporting Portal (cybercrime.gov.in) immediately. A formal FIR can be filed at the local police station or the dedicated Cyber Crime Cell. Under the BNSS, Zero FIR provisions allow filing at any police station regardless of jurisdiction. Preserving electronic evidence (screenshots, transaction records, communication logs) is critical for successful prosecution.

Prevention and Protection

Businesses should implement robust cyber security measures including multi-factor authentication, regular security audits, employee training on cyber threats, and incident response protocols. Cyber insurance has emerged as an important risk transfer mechanism for businesses exposed to digital risks.