Answer:

India’s criminal justice system has recently undergone significant reforms, transitioning from colonial-era laws to the Bharatiya Nyaya Sahita and Bharatiya Nyaya Suraksha Sahita. However, these new codes lack comprehensive provisions for addressing digital-age crimes, like cyberstalking and online financial fraud, which are increasingly relevant in today’s technologically driven society.

Omissions in India’s New Criminal Codes Concerning Digital-Age Crimes:

• Lack of Comprehensive Cybercrime Laws: The new codes do not adequately address the spectrum of cybercrimes, such as cyberstalking, phishing, and data breaches, which are critical in the digital age.
  For instance: Despite the increasing incidents of phishing and online financial fraud in India, the new laws do not cover the complexities involved in prosecuting such crimes.
• Inadequate Provisions for Data Privacy: With the rising concern over data breaches, the new criminal codes fail to provide specific provisions for data protection and privacy violations.
• Absence of Digital Evidence Handling Protocols: The current criminal codes lack clear guidelines for collecting, preserving, and presenting digital evidence in court, essential for prosecuting digital crimes.
• Insufficient Measures Against Cyberbullying and Harassment: Digital harassment, particularly targeting women and minors, remains inadequately addressed in the new legal framework.
  For instance: National Crime Records Bureau (NCRB) data shows a rise in cyber harassment cases, especially against women, but the new codes do not specify stringent penalties for such offences.
• Gaps in Addressing Emerging Technologies: The new laws do not account for crimes related to emerging technologies, such as cryptocurrency scams and artificial intelligence misuse.
  For instance: The cryptocurrency frauds have shown the need for a legal framework to address crimes in digital and virtual environments.

Measures to Keep the Legal Framework Relevant in Today’s Rapidly Changing Society:

• Incorporate Comprehensive Cybercrime Legislation: Enact specific laws targeting various forms of cybercrime, including hacking, identity theft, and cyberstalking, to provide robust legal recourse for victims.
  For example: South Korea’s Act on Promotion of Information and Communications Network Utilisation includes comprehensive measures against cybercrimes, which India could emulate.
• Enhance Data Protection Laws: Strengthening data privacy regulations with clear guidelines on data collection, storage, and sharing, ensuring penalties for breaches are deterrent enough to prevent violations.
  For instance: The Personal Data Protection Bill, 2019, could be revised and implemented to address these gaps effectively.
• Develop Protocols for Digital Evidence: Establishing standards for collecting, authenticating, and presenting digital evidence in courts to ensure it is admissible and reliable in criminal proceedings.
• Strengthen Measures Against Digital Harassment: Introducing stricter penalties and support systems for victims of cyberbullying and digital harassment, with particular emphasis on protecting women and minors.
  For example: Cyber Crime Prevention against Women and Children (CCPWC) Scheme enhances digital harassment measures by support through an anonymous reporting portal.
• Update Legal Framework for Emerging Technologies: Creating laws that address the unique challenges posed by emerging technologies, such as blockchain, AI, and IoT, to keep pace with technological advancements.
  For example: The EU’s General Data Protection Regulation (GDPR) offers a flexible framework that addresses the evolving landscape of digital technologies.

India’s legal framework must evolve to address the challenges of the digital age. By incorporating comprehensive cybercrime laws, enhancing data protection measures, and updating protocols for emerging technologies, India can ensure a robust and responsive legal system. This evolution is crucial to safeguard citizens in an increasingly digital world, promoting trust, security, and justice in society.

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