Investigation of Cyber Crimes in India: Procedural Challenges Under the Bharatiya Nagarik Suraksha Sanhita, 2023

Vijay Kumar

Abstract: The exponential growth of digital technology has resulted in a corresponding increase in cyber crimes, posing serious challenges to the criminal justice system in India. While substantive laws addressing cyber offences have evolved through the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023, effective investigation remains the most critical and complex aspect of cyber crime enforcement. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces the Code of Criminal Procedure, 1973, introduces a renewed procedural framework governing criminal investigation, including cyber crime cases. This article undertakes a doctrinal and analytical study of the investigation of cyber crimes in India with specific focus on procedural challenges under the BNSS, 2023. It examines issues relating to jurisdiction, digital evidence, investigative powers of the police, and safeguards ensuring fair investigation. The article argues that although the BNSS provides a structured procedural mechanism, effective investigation of cyber crimes continues to face institutional, technical, and practical challenges. It concludes that successful implementation of the BNSS framework requires specialised training, technological infrastructure, and continuous judicial oversight to ensure justice in cyber crime cases.

Keywords: Cyber Crime Investigation, BNSS 2023, Digital Evidence, Criminal Procedure, Fair Investigation

How to Cite?: Vijay Kumar, "Investigation of Cyber Crimes in India: Procedural Challenges Under the Bharatiya Nagarik Suraksha Sanhita, 2023", Volume 14 Issue 12, December 2025, International Journal of Science and Research (IJSR), Pages: 2114-2116, https://www.ijsr.net/getabstract.php?paperid=SR251224150603, DOI: https://dx.doi.org/10.21275/SR251224150603