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Research Paper | Law | Volume 15 Issue 5, May 2026 | Pages: 1162 - 1168 | India
Criminal Liability for Data Breaches Under Indian Law: Need for a Comprehensive Legal Framework
Abstract: The rapid digitalization of Indian society has transformed governance, commerce, communication, and social interaction. However, the increasing dependence on digital technologies has also resulted in growing concerns relating to privacy violations, cyber insecurity, and unauthorized disclosure of personal data. India has witnessed a sharp rise in cybercrimes, including data breaches involving financial institutions, healthcare databases, e-commerce platforms, educational institutions, and government portals. While the Indian legal system addresses certain aspects of cybercrime through statutes such as the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and provisions of the Bharatiya Nyaya Sanhita, 2023, the absence of a comprehensive criminal liability framework for data breaches remains a significant legal challenge. This research paper critically examines the legal dimensions of criminal liability for data breaches in India in alignment with the broader thesis concerning privacy, security, and criminal accountability in Indian digital societies with special reference to Jodhpur. The study analyzes existing statutory provisions, judicial approaches, institutional mechanisms, and comparative international practices. It further explores the limitations of the present legal framework, particularly in relation to corporate accountability, cross-border data breaches, victim compensation, digital evidence, and enforcement challenges. The paper argues that India requires a specialized and comprehensive legal framework that clearly defines criminal liability for negligent and intentional data breaches while balancing innovation, digital governance, and constitutional privacy rights.
Keywords: Data Breach, Cybercrime, Criminal Liability, Privacy, Digital Security, Information Technology Act, Digital Personal Data Protection Act, Cyber Accountability
How to Cite?: Ankit Singh Gehlot, Dr. Gawaraja Suthar, "Criminal Liability for Data Breaches Under Indian Law: Need for a Comprehensive Legal Framework", Volume 15 Issue 5, May 2026, International Journal of Science and Research (IJSR), Pages: 1162-1168, https://www.ijsr.net/getabstract.php?paperid=SR26514171141, DOI: https://dx.dx.doi.org/10.21275/SR26514171141