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Research Paper | Law | India | Volume 13 Issue 4, April 2024

Navigating Cyber Justice: Sentencing Policy Under the Information Technology Act, 2000

Chandi Prasad Khamari

Abstract: The Information Technology Act, 2000 in India stands as a pivotal legal framework in addressing cybercrimes, yet the domain of sentencing policy within this legislation remains underexplored. This paper aims to illuminate the intricate landscape of sentencing policy within the purview of the IT Act, 2000, examining its evolution, challenges, and implications. Beginning with an overview, this paper delves into its sentencing provisions, highlighting the unique considerations and challenges posed by cybercrimes. It explores the complexities inherent in adjudicating cybercrimes, including issues of jurisdiction, attribution, and the dynamic nature of digital evidence. The evolution of sentencing policy under the Act is traced, from its nascent stages to contemporary developments. Key amendments and judicial interpretations are analyzed to discern trends and shifts in sentencing approaches. Emphasis is placed on the balance between deterrence, rehabilitation, and proportionality in crafting sentences for cyber offenders. Challenges in implementing sentencing policy within the realm of cyber justice are scrutinized, including disparities in sentencing practices among different jurisdictions and the need for harmonization. The paper also addresses the challenge of keeping pace with rapidly evolving technology and emerging forms of cybercrimes, necessitating adaptive sentencing strategies. The implications of sentencing policy under the Act are far - reaching, impacting not only the deterrence of cybercrimes but also broader societal concerns such as privacy, security, and digital rights. The paper underscores the importance of a nuanced and context - sensitive approach to sentencing, balancing punitive measures with efforts to address underlying factors contributing to cyber offending.

Keywords: Cyber Justice, Information Technology Act 2000, Sentencing Policy, Cybercrimes, Jurisdiction, Digital Evidence, Deterrence, Rehabilitation, Proportionality, Technology Evolution

Edition: Volume 13 Issue 4, April 2024,

Pages: 1444 - 1447