"The Role of Technology in Facilitating and Addressing New-Age Crimes under Bharatiya Nyaya Sanhita, 2023"
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Abstract
The Bharatiya Nyaya Sanhita, 2023, marks a critical response by India’s legal system to address the rise of technology-driven crimes. This paper explores how the new code tackles both the facilitation of and defense against modern crimes driven by advancements in technology. Key areas include cyber fraud, identity theft, privacy violations, and the growing role of artificial intelligence and machine learning in crime prediction and detection. The Sanhita includes provisions that address specific offenses like hacking, unauthorized data access, and online harassment, aiming to enhance the collection and admissibility of digital evidence. Furthermore, the Sanhita balances the need for data protection with privacy rights, especially concerning financial fraud, cryptocurrency scams, and the spread of misinformation on social media. Additional challenges in enforcing laws on dark web activities, such as drug trafficking and child exploitation, are evaluated. Surveillance technology, biometric identification, and concerns about privacy are also analyzed within this framework. By fostering partnerships between law enforcement and tech companies, the Sanhita aims to improve accountability and streamline cross-border cooperation. The paper concludes with a discussion on potential future reforms, as the need for evolving laws remains essential to address emerging technological threats and safeguard individual rights.