National Journal of Cyber Security Law

QUANTUM-RESISTANT INFRASTRUCTURE: LEGAL IMPERATIVES FOR POST- QUANTUM CRYPTOGRAPHY UNDER INDIA'S CYBER LAW FRAMEWORK

ATCHAYA A — 2026-04-12

The progress in quantum computing technology creates a risk to India's digital security systems which depend on asymmetric cryptography because it enables attackers to collect encrypted Aadhaar and banking and critical infrastructure data for future decryption. The Information Technology Act, 2000 permits digital signature use under Section 5 but fails to require post-quantum cryptography (PQC) implementation which leaves systems exposed until NIST establishes quantum-resistant algorithm
standards. The Digital Personal Data Protection Act 2023 requires organizations to implement "reasonable security practices" but it does not provide protection against quantum threats which creates problems for evidence collection in Bharatiya Sakshya Adhiniyam 2023 because quantum-vulnerable records that have been tampered with will not be admitted as evidence. This article investigates the statutory deficiencies which exist in IT Rules 2021 and CERT-In directives while showing how India approaches cybersecurity protection differently from the EU NIS2 and US Quantum Computing Cybersecurity Preparedness Act systems. The article proposes three legislative changes which include (i) PQC migration timelines for critical sectors; (ii) risk-based audits; and (iii) liability for non-compliance. India can establish itself as a leader in quantum-resilient cyber law by combining neuro-technology data protection which is susceptible to quantum decryption with existing space cybersecurity regulations. Cybercrime conviction rates will remain low because they stay below 10% while cyber threats continue to rise unless legislators implement new cybercrime laws. This research connects doctrinal examination with policy support to create a quantum-secure digital ecosystem for India.

Digital Transformation in Police System

Ravikant Chaudhary — 2026-06-21

Society in changing very rapidly and as per society development digital technology is also rapidly changing the way governments and public institutions work. Now days Police are also using digital tools to improve their efficiency, transparency, and effectiveness to control the crime and in maintaining law and order. Earlier, police administration mostly depended on manual records, paperwork, and traditional investigation methods.

Today, police departments are using digital technologies such as databases method, surveillance systems, cybercrime investigation tools, and online platforms.

These technologies are helping police officers collect information faster, analyze crime data, and respond more effectively to criminal activities.

The government of India has introduced many initiatives to modernize policing through digital systems.

Programs such as Crime and Criminal Tracking Network and Systems and Interoperable Criminal Justice System (ICJS) connect police stations with courts, prisons, and forensic laboratories through digital networks. By These systems coordination is improving among different criminal justice institutions and help officers access important information quickly.

The increasing role of digital technologies in modern police System shows that how digital transformation helps police improve crime investigation, data management, and public service delivery.

Digital Forensics, Security and Law : Advances and Challenges

V. Basil Hans — 2026-06-21

Cybersecurity and legal frameworks have become increasingly important in digital forensics due to the growing need to investigate and respond to cybercrimes. This paper discusses the fundamental concepts, tools, and procedures used in digital forensic investigations, including data acquisition, preservation, analysis, and reporting. It highlights the role of digital forensics in ensuring the authenticity and reliability of electronic evidence in legal proceedings. The study also examines current security challenges such as ransomware attacks, data breaches, and insider threats, emphasising the need for robust security mechanisms and effective incident response strategies. Furthermore, it addresses legal and ethical considerations, including privacy rights, jurisdictional issues, and compliance with international laws. By integrating technical, legal, and security perspectives, this paper emphasises the importance of a multidisciplinary approach to effectively combat cyber threats and support the administration of justice in the digital age.

Cyberbullying Among Teenagers: Legal Remedies and Social Consequences

Malobika Bose — 2026-05-25

The rapid spread of the Internet and digital technologies has spawned the ubiquitous phenomenon of cyberbullying, and teens make up a highly susceptible group of people. Teenagers as heavy users of social networking sites, instant messaging users, and online game set-ups are increasingly exposed to on-line interactions that have the potential of perpetrating harassment, threats and abuse. Considering the fact that cyberbullying does not adhere to the traditional patterns of bullying, it operates across the space and time lines, allowing sustained victimization, and, frequently, without the responsibility or anonymity. The paper is a critical analysis of the concept of cyberbullying among teenagers, its nature, core reasons and various forms. It also addresses substantial effects of the social, psychological, and educational impacts suffered by the victims such as emotional distress, poor academic achievement, and social isolation.

The paper also assesses the sufficiency of the current legal system in India, the Information Technology Act, 2000, the Indian Penal Code, 1860, and the Protection of Children against Sexual Offences Act, 2012, to the subject of cyber bullying harms. It examines how the judiciary, the law enforcing agencies, the schools, parents, and the intermediaries involved in social media can and should prevent and deal with such behavior. The paper has taken a doctrinal and analysis approach as it points out the fractured and responsive character of existing legal responses, which are overly dependent on traditional penal provisions that are not well- equipped to deal with the technological challenges of cyber bullying. Even though cyberbullying is becoming recognized as a socio-legal problem, a number of gaps in literature have yet to be filled out, specifically in constitutional discourse, child-identity-driven models, and statistical evidence, and should be tackled in one large comprehension of rights.

DIGITAL EVIDENCE AND THE FUTURE OF PROOF: REASSESSING THE CONCEPT OF EVIDENCE UNDER GHANA'S EVIDENCE ACT

Joseph Asamoah — 2026-06-22

This article examines the conceptual adequacy of Ghana’s law of evidence in an era in which proof has increasingly shifted from tangible, physically perceptible forms to intangible and electronically mediated data. It argues that the legal understanding of “evidence” embedded in Ghana’s Evidence Act, 1975 (NRCD 323) was developed against an implicit ontology of tangibility that presupposes evidence as materially stable, sensory, and largely human-generated. Within that classical framework, testimony, documents, and physical objects historically functioned as the principal vehicles through which courts ascertain truth. Yet digital technologies have profoundly altered the form, nature, and evidentiary significance of information. Contemporary proof now often exists as electronic records, metadata, system logs, geolocation histories, social media communications, audio-visual files, and algorithmically generated traces that are neither inherently visible nor physically fixed. Using doctrinal, analytical, and comparative methodologies, the article examines the Evidence Act, relevant Ghanaian judicial decisions, and statutory developments, particularly the Electronic Transactions Act, 2008 (Act 772). It argues that although the existing evidential framework retains latent flexibility, it lacks a coherent conceptual structure for addressing the epistemic and procedural complexities of digital evidence. The article advances a reconceptualisation of “evidence” grounded in functional reliability, technological neutrality, and procedural fairness, and proposes doctrinal, legislative, and institutional reforms necessary to align Ghana’s law of evidence with the realities of the digital world.

The PMLA Paradox: A Cyber Forensic and Jurisprudential Analysis of the Enforcement Directorate’s 0.25% Conviction Rate

Rajeev Ranjan — 2026-06-21

India’s Prevention of Money Laundering Act (PMLA) has given the Enforcement Directorate (ED) a leading role in the fight against complex financial crimes. Nonetheless, the agency’s performance is paradoxically reflected in the data: official disclosures to the parliament show an extremely low conviction rate of 0. 25% on the basis of only 15 convictions from 5,892 cases registered between 2015 and mid-2025, whereas the ED internally claims that almost 95% of the cases taken to trial have been successful. The present paper through multidisciplinary work untangles this paradox and finds out that the ED does not frequently lose trials but simply very few of them are concluded. Most parts of the cases are kept at the stage of pre-trial pendency.

The analysis spotlights three main factors behind this systemic paralysis. First, the jurisprudential structure, especially the harsh “twin conditions” for bail in Section 45 and the reverse burden of proof in Section 24, unintentionally make the pre-trial phase a weapon by discouraging speedy trial completion. Second, there is a big cyber forensic gap between the digitally hidden ways of modern economic offenders and the state’s evidentiary capabilities. Convictions can only be made by closing this gap under the strict electronic evidence rules of the new Bharatiya Sakshya Adhiniyam (BSA) which calls for detailed metadata preservation and chain of custody. Lastly, deep institutional constraints like a very high judicial load, shortage of technical human resources, and lack of coordination among different agencies’ intelligence, make the trials even slower.

The paper offers some major policy fixes. For one, the law should officially allow asset substitution of equivalent value. Also, bail conditions should be eased when courts are very slow in giving a decision. Besides this, the country’s digital forensic capability should be expanded very quickly and special economic offence courts set aside. Switching from a plan dependent on losing people before trial to one based on solid evidence is a must if we want to protect both human rights and the law.

Balancing National Security and Privacy in Surveillance Laws: A Critical Examination of Contemporary Legal Frameworks

Utkarsh Mishra — 2026-05-25

One of the most important legal and political issues of the 21st century is the conflict between national security and privacy. Democratic governments are expanding their surveillance capabilities to combat terrorism, cyberattacks, and foreign espionage. But they run the risk of going against the constitutional freedoms that give democracy its meaning. The United States Foreign Intelligence Surveillance Act (FISA) Section 702, which was reauthorized in 2024 by the Reforming Intelligence and Securing America Act (RISAA) and is set to expire in April 2026, is the focus of this study, which looks at how contemporary surveillance law navigates and frequently struggles with this fundamental conflict. This paper argues, based on statutory
analysis, judicial oversight mechanisms, comparative legal perspectives, and recent legislative history, that neither absolute privacy nor security can be achieved. What is achievable is a principled framework built on proportionality, judicial accountability, and transparent governance—one that refuses to treat security and liberty as mutually exclusive. In the paper's conclusion, a set of reform recommendations are made that have the potential to balance the effectiveness of intelligence with the protection of civil rights in a world that is being watched
more and more.