GCRCJS

Assessing the Churning Features of India's Criminal Justice System After 78 Years
of Independence

India, after gaining independence in 1947, has undergone radical changes to her criminal justice system,
which was founded on the foundations laid at the time when Britain ruled India. At this momentous hour
of our 78th year of independence, the criminal justice system encapsulates a complex consolidation of
colonial legacy and constitutional values in the backdrop of ever-changing social needs.

Here are some areas of discussion about the Indian criminal justice system has undergone tremendous
transformation since independence in many ways with reforms and amendments to the laws and
policies.

• White-Collar Crime

White-collar crime is the financially motivated, non-violent crime committed by persons in a position of
trust, usually in a professional context. It was conceptualized by Edwin Sutherland, a sociologist, in 1939
to accentuate that crimes committed by reputable people could be as destructive as common street
crimes. It has developed since then, particularly with the proliferation of complex corporations and
technological innovations that open new vistas for financial wrongdoing. Such as:

• Corporate fraud and embezzlement

• Money laundering and tax evasion

Money Laundering Types:

1. Cash-based money laundering: This involves the use of cash in money laundering illegal funds.

2. Trade-based money laundering: This involves the use of international trade in money laundering illegal
funds.

3. Cyber-based money laundering: This involves using digital technologies to launder illegal funds.

Examples of Money Laundering:

1. The Panama Papers scandal (2016) exposed systematic money laundering by wealthy individuals and
politicians.

2. HSBC Mexico scandal (2012): Millions of dollars' worth of drug money had been laundered through
this bank
• New Crime Feats by Cyberspace

Cybercrimes often are monetary, where criminals exploit the use of technology against individuals,
organizations, or governments. Traditional crime has expanded into cybercrime, and the scope and scale
have increased with the technological aspect that is difficult to implement, monitor, and control.

1. Cybercrime and Integration of Technology

The internet also changed modes of criminal activities. White-collar crimes practiced in traditional fields,
fraud, embezzlement, and theft, are being heralded through cyberspace. Activities like phishing, identity
theft, and online financial fraud can now be performed on an enormous scale with very little physical
presence .

2. Phishing and Identity Theft:

Phishing is a form of attack which forwards a phishing email or webpage to compromise the attention of
someone disclosing sensitive information like the password, credit card number, or any other
information. Generally, identity theft is carried out after phishing in which the information is used for
criminal purposes. Cybercriminals have come up with novel sophisticated ways to trick the victims using
deep fake technology and social engineering lately .

3. Ransomware Attacks:

A ransomware is a malware that holds the data or systems of its victim hostage and demands a ransom
for restoring access. Its usual targets tend to be large corporations, hospitals, and crucial infrastructure.
For example, in 2021 hackers attacked the Colonial Pipeline that brings gasoline, diesel, and jet fuel to
the East Coast, forcing fuel supplies to grind to a halt across the Eastern U.S. This events unveiled the
devastating socioeconomic repercussions of such crimes .

4. Corporate Espionage and Intellectual Property Theft:

Cyber corporate espionage is unauthorized access to proprietary information or trade secrets. Countries
and corporations use sophisticated hackers to steal intellectual property, which thereby compromises
innovations and economic competitiveness. One of the large-scale and more worrisome concerns
associated with cyber-enabled corporate espionage has been applicable in industries like technology,
defense, and pharmaceuticals .

5. Cryptocurrency-Related Crimes:
Crimes that involved monetary transactions have also undergone a revolution with the emergence of
cryptocurrencies, known as Bitcoin. Cryptocurrencies offer a relatively anonymous medium of exchange,
hence giving criminals a chance to avoid traditional banking regulations. They often use them for money
laundering, drug trafficking, and paying ransomware demands .

6. Dark Web Activities:

The "dark web" - a shadowy area of the internet, invisible to casual surfers - is also being used to host
illegal transactions. Online marketplaces hidden in the dark web offer everything from illicit drugs and
weapons to stolen credit card information and false documents. Even though the authorities have shut
down some of the biggest marketplaces, such as Silk Road, new ones continue to emerge, indicating the
complexity of policing these areas.

Emergence of Cybercrime in India: Focus on the Indian Criminal Justice System Legislation Gaps:

It does not go hand-in-hand with the new form of cybercrime that is emerging. Even though the
Information Technology Act, 2000 gives some legal basis to prosecute cybercrimes, still so many new
forms of digital crimes have come into existence, such as fraud in cryptocurrency and cyberstalking,
which are inadequately addressed. Cross-border cybercrime cannot be prosecuted easily due to
jurisdictional issues

2. Dearth of Specialized Law Enforcement

Indian law enforcement agencies are not equipped with proper technical knowledge and capabilities to
investigate cybercrimes and, thus, cannot bring cases of cybercrime offenders before the courts. India
has established a Computer Emergency Response Team or CERT-IN for monitoring cyber threats, but it
lacks adequate capabilities to defend against sophisticated attacks; thus, specialized training and
resources are essential to establish its cyber-forensics capabilities .

3. Court Backlogs:

The judicial system is already congested, and the rising number of cybercrime cases is overwhelming it.
There are many cases that do not receive quick decisions even after years, purely because there are no
specialized courts or fast-track systems in order to handle the complexities of cybercrime. This
contradicts what the criminal justice system is meant for-basically swift justice and the deterrence of
other cyber criminals in the future.

4. Issues of Cross-Border

Since the very nature of cyberspace is global, national law enforcement agencies cannot promptly decide
to prosecute any cybercrime provided that it has been committing from some foreign country.
International cooperation is thus required to carry out investigations on cybercrimes, which usually take
a slow and bureaucratic pace. Moreover, extradition treaties and diverse legal frameworks in various
countries pose obstacles in prosecuting foreign-based cybercriminals .

5. Digital Payment Frauds:

As India continues to advance toward a digital economy, an increase in mobile banking and other
payment platforms such as UPI has been leveraged by cybercriminals exploiting weaknesses in the digital
payment system. Online banking frauds, mostly through unauthorized transfer of funds, are accelerating
year after year. The legal system and the Reserve Bank of India, along with other regulators, are working
towards better cybersecurity measures for financial transactions; however, their enforcement is weak.

Reference:

-. Sutherland, Edwin H., White Collar Crime. Holt, Rinehart and Winston, 1949.

-. Wall, David. Cybercrime: The Transformation of Crime in the Information Age. Polity, 2007.

-. Rantala, Ramona R., "Cyber Crime Against Individuals in the United States," Bureau of Justice Statistics,
U.S. Department of Justice, 2021.

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