GUJARAT NATIONAL LAW UNIVERSITY

CONTINUOUS EVALUATION
-CYBERCRIMES AND INVESTIGATION-

-SHORT ARTICLE-
-CYBERCRIME AND YOUNG ADULTS: IS THE LAW SERVING ITS PURPOSE?-

SUBMITTED BY:
FAVI SINGLA
18A037
DIVISION: A
SEMESTER: VIII
BATCH: 2018-2023

SUBMITTED TO:
DR. ANJANI SINGH TOMAR
ASSOCIATE PROFESSOR OF LAW
GUJARAT NATIONAL LAW UNIVERSITY
 -Cybercrime and Young Adults: Is the Law serving its Purpose?-

-CYBERCRIME AND YOUNG ADULTS: IS THE LAW SERVING ITS PURPOSE?-

Law evolves with the evolution of the society. It is the societal perception which decides which act
will be criminal by the way of abhorrence and collective will to shun the particular act from a common
code of conduct. As our generation progresses towards scientific, technological, industrial, intellectual
and social diversification, it brings with itself loosening grip on morals and cultural values. 1 This further
leads to changing trends of crime in our modern, yet developing, society. Cybercrime is one such trend
which saw its rise on a monumental level in the last two decades. Cybercrime in the Indian
jurisprudence is a recent phenomenon which has led to the shift of Indian criminal system from a
traditional approach to a functional one.2
The Indian law does not provide a specific definition for the term ‘cybercrime’ but based on the recent
trends, it can be defined as, “any unlawful act promoted or facilitated by the computer, whether computer is object
of a crime, a repository of evidence relating to a crime, or an instrument that used commit a crime”.3 However, this
doesn’t capture the complex nature of cybercrimes. Cybercrimes refer to all the activities which are
carried out with the criminal intention in cyberspace or using internet medium. 4 This includes both
traditional as well as newly emerging cybercrimes which disrupt the society’s internal order.5
The laws which govern cybercrimes in India are the Indian Penal Code, 1860 which is a general code
providing substantive criminal law. The Information Technology Act, 2000 explicitly deals with crimes
and conducts taken up on the cyberspace. As it is emerging field of crime, other laws like the Indian
Evidence Act, The Code of Criminal Procedure and other laws have been duly amended and are in
the process of amendments to keep up with the shift of offences from traditional to a modern
approach. Protection of Children from Sexual Offenses Act, 2012, Juvenile Justice (Care and
Protection of Children) Act, 2000 also deals with offences committed against children on internet.
Young adults are individuals belonging to the age group of 12 to 18.6 In India, the legal age of forming
criminal intention7 and giving a valid consent8 is twelve and above subject to a few exceptions as

1 TALAT FATIMA, CYBER CRIMES (EBC 2016).

2 R.C. Nigam,” Law of Crimes in India”, Principles of Criminal Law, (1st ed. 1965).
3 Prabhash Dalei & Tannya Brahme, “Cyber law in India: An analysis”, 2 IJHAS (2013).
4 Dhawesh Pahuja, Cyber Crime & the law, LEGAL INDIA (Mar. 1, 2022, 9:00 PM), https://www.legalindia.com/cyber-

crimes-and-the-law/.
5 Raj Samani, “Cybercrime: The Evolution of Traditional Crime”, The Journal of Complex Operations 275 (2011).
6 Sarah Kessler, What age range is considered a young adult?, CAKE (Mar. 2, 2022, 11:00 AM),
https://www.joincake.com/blog/young-adult-age-range/.
7 Indian Penal Code, 1860, § 83, No. 45, Acts of Parliament, 1860 (India).
8 Indian Penal Code, 1860, § 90, No. 45, Acts of Parliament, 1860 (India).

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provided in the Indian Penal Code, 1860 and other special laws. Section 2(35) defines ‘juvenile’ as a
child who is below the age of 18 years.9 Informally, this group is also referred as ‘young adults’. At
this age, an individual is capable of forming the maturity to understand the environment and
circumstances and act accordingly. Modern India, which is driven by technology, electronics and
internet, has exposed the younger generation, especially children between the age of 10- 18, to the
infinite world of internet. It won’t be wrong to claim that a five-year-old has a better understanding
of how internet works than it was a decade ago. The exposure to internet has certainly contributed to
the increasing understanding and widening knowledge of the younger generation.10 The issue,
however, is that the age group of 12-18, while has the means and the knowledge to access the internet
or the cyberspace, doesn’t possess enough maturity and knowledge of the consequences of the same.
Therefore, this age group is stuck in a limbo where the means of committing a cybercrime are
unlimited but the knowledge of the ramifications and the knowledge to undo that crime are extremely
limited. The quintessential example of the same is the infamous ‘bois locker case’ wherein several
screenshots of Instagram chats were leaked exposing group where images of girls, under age, were
shared, and the girls were objectified and shamed using vulgar and offensive language. 11 The member
of the group were young adult boys under the age of 18 who discussed committing heinous sexual
offences against girls discussed in the group. The incident highlighted the issue of the extent of
responsibility of intermediaries, as defined under Section 2(w) of the IT Act, 2000, which provide a
platform to an individual to host such criminal discussions.12 Section 20 of POCSO Act13 puts a duty
on intermediaries to provide information regarding sexual exploitation of children on their platform
along with the source from where the such information may have originated. 14 Various committees
were formed to revise intermediary guidelines to highlight and remedy the abuse of social media
platforms.15

9 The Juvenile Justice (Care and Protection of Children) Act, 2015, § 2(35), No. 2, Acts of Parliament, 2015 (India).
10 John Carlos Corrales, Teens and Cybercrime: The Reasons behind it¸REVLOCK (Feb. 28, 2022, 7:00 PM).
11 Aman Singh Bakshi, Bois Locker Room: The role of Intermediaries in regulation of content, BAR AND BENCH (Feb. 28, 6:00 PM),

https://www.barandbench.com/columns/bois-locker-room-the-role-of-intermediaries-in-regulation-of-content.
12 The Information Technology Act, 2000, § 2(w), No. 21, Acts of Parliament, 2000 (India).
13 The Protection of Children from Sexual Offences Act, 2012, § 20, No. 32, Acts of Parliament, 2012 (India).
14 The Protection of Children from Sexual Offences Act, 2012, Rule 11, No. 32, Acts of Parliament, 2012 (India).
15 Aman Singh Bakshi, Bois Locker Room: The role of Intermediaries in regulation of content, BAR AND BENCH (Feb. 28, 6:00 PM),

https://www.barandbench.com/columns/bois-locker-room-the-role-of-intermediaries-in-regulation-of-content.

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 -Cybercrime and Young Adults: Is the Law serving its Purpose?-

The year 2020 witnessed a 400% increase in cybercrime cases against children as compared to 2020. 16
It was revealed in a recent study that young adults and adults over 75 are the most vulnerable
cybercrime victims.17 India stands third in the world in terms of number of cybercrime cases and that
most of the cybercrime cases go unreported.18 FBI report revealed that the most common mode of
cybercrime was emails, followed by text messages and fake websites. Nearly a third of the total
adolescent population reported cybercrime.19 Children aged between 13 to 18 years of age are
considered more prone to online bullying. The reason behind this is the long hours spent on internet.20
A recent India Internet Report 2019 suggested that two in three internet users (66%) in India are
between 12 and 29 years of age.21 The hit of pandemic increased the access of internet to children
more as the country ran virtually for over two years. The UNICEF (2020) report estimated that around
37.6 million children across 16 states in India continued education through various remote learning
initiatives such as online classrooms and radio programmes during the pandemic. 22 As a consequence
of this, a simultaneous exposure to multiple risks like online sexual abuse, grooming or sexual
solicitation, sexting, exposure to pornography, production and circulation of child sexual abuse
material, cyber-bullying, online harassment and cyber-victimisation etc. also increased among the
young adults.23 The relevant data cited indicates the level of vulnerability and exposure of young adults
towards internet and cyberspace. It becomes quite evident that a major part of a young adult’s routine
consists of internet and working on the cyberspace.
In India, the approach of relevant laws dealing with cybercrimes related to children and young adults
is extremely restricted. Section 354A24 and 354D 25 of Indian Penal Code provide for cyber harassing

16 PTI, Over 400% rise in cybercrime cases committed against children in 2020: NCRB data, THE ECONOMIC TIMES, (Feb 18, 2022,
11:00 PM), https://economictimes.indiatimes.com/news/india/over-400-rise-in-cyber-crime-cases-committed-against-
children-in-2020-ncrb-data/articleshow/87696995.cms?from=mdr.
17 Jack M. Germain, Young Adults, Seniors over 75 most susceptible to cyber fraud: Report, TECHNEWSWORLD, (Feb 25, 2022,

9:00 AM), https://www.technewsworld.com/story/young-adults-seniors-over-75-most-susceptible-to-cyber-fraud-

report-87059.html.
18 Prerna Sindwani, Cybercrimes are underreported- half of the adolescent victims never report, BUSINESS INSIDER, (Mar. 2, 2022, 4:30

PM).
19 Id.
20 Flinders University, Cybercrime: Internet erodes teenage impulse controls, SCIENCEDAILY, (Mar. 3, 2022, 8:00 PM),

www.sciencedaily.com/releases/2020/01/200121112915.htm.
21 Prerna Sindwani, Cybercrimes are underreported- half of the adolescent victims never report, BUSINESS INSIDER, (Mar. 2, 2022, 4:30

PM).
22 PTI, Over 400% rise in cybercrime cases committed against children in 2020: NCRB data, THE ECONOMIC TIMES, (Feb 18, 2022,

11:00 PM), https://economictimes.indiatimes.com/news/india/over-400-rise-in-cyber-crime-cases-committed-against-

children-in-2020-ncrb-data/articleshow/87696995.cms?from=mdr.
23 Kiratraj Sadana & Priya Adlakha, Cyber Crime During Coronavirus Pandemic, MONDAQ (Mar. 4, 2022, 3:00 PM),

https://www.mondaq.com/india/operational-impacts-and-strategy/921026/cyber-crime-during-coronavirus-pandemic.
24 Indian Penal Code, 1860, § 354A, No. 45, Acts of Parliament, 1860 (India).
25 Indian Penal Code, 1860, § 354D, No. 45, Acts of Parliament, 1860 (India).

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and cyber stalking against ladies. POCSO Act, 2012 provides satisfactory provisions which addresses
cybercrimes against children including child pornography, cyber stalking, defamation, hacking, identity
theft, online child trafficking etc. Section 67B of IT Act, 2000 deals with child sexual entertainment
in electronic structure.26 Section 34(1) of the POCSO Act provides that a child who commits an
offence under this act shall be dealt with under the Juvenile Justice Act.27 In India, the criminal liability
of young adults as offenders is not recognised. The Juvenile Justice Act is not as strict as other criminal
laws when it comes to criminal offences committed by young adults. They have a different procedure
and treatment of a child apprehended under any offence, not to mention the long processes of
assessments regarding the mental and physical capacity of an individual. A juvenile under the age of
18 is predominantly treated as a victim and not as an offender, especially in cases of cybercrimes. The
offenders are given the benefit of doubt in most of the cases for the want of maturity or understanding.
This way, law has provided loopholes and escapes to juveniles to bypass liability.
It has been studied that the reason why cybercrimes involve adolescents from 12-19 years is because
internet blurs social boundaries and they aren’t able to contemplate the consequences of the same in
the outside world.28 The emotional structure of young adults, typically the impulse and impatience of
getting the rewards is what drives those group closer to the world of cybercrime. In a study, it was
observed that, “the internal and external pressure of possessions represent an economic cost which
are not within the reach of every teenager through legal channels. If this is cupules with low self -
control, the consequence is the route of unlawful means.”29 Most of the teenagers are unaware of the
age restrictions imposed on the internet and some deliberately ignore the same to create a social
presence in the cyber space. This struggle to control impulses on the internet, which is driven by sense
of power and quick thrills, is increasing the risk of these individuals in becoming cybercriminals. While
fewer skills are required to commit such crimes, the rectification of the same requires complex
processes. The latter is not known to the younger generation.
A traditional crime has the requirement of mens rea and actus reus for it be proven. In cybercrimes, while
mens rea can be comparatively easily proven as mere access to unauthorised cyberspace establishes the
guilt of an individual, the actus reus of the same becomes a difficult aspect due to the anonymity of the
source where the crime happens.30 This, when coupled with lack of knowledge of our law providers

26 The Information Technology Act, 2000, § 67B, No. 21, Acts of Parliament, 2000 (India).
27 The Protection of Children from Sexual Offences Act, 2012, § 34(1), No. 32, Acts of Parliament, 2012 (India).
28 Flinders University, Cybercrime: Internet erodes teenage impulse controls, SCIENCEDAILY, (Mar. 3, 2022, 8:00 PM),

www.sciencedaily.com/releases/2020/01/200121112915.htm.
29 Id.
30 TALAT FATIMA, CYBER CRIMES (EBC 2016).

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of the technological know-how, the latter aspect of a criminal liability becomes almost impossible to
prove as cybercrimes usually don’t leave any physical footprints.31 Further, cybercrimes are distinct
from traditional crimes as it involves people with specialised knowledge and a good understanding of
computers. The geographical boundaries in cybercrimes are reduced to zero which makes it difficult
to the track the offender32, the collection of evidence is a difficult task as it is handicapped by the
restricted knowledge of the law enforcers.
In case of young adults, while the abovementioned issues subsist, the element of mens rea also becomes
a complicated task to be proved. This issue bifurcates itself in two problems. Firstly, the presumed
lack of maturity and understanding becomes a highly subjective and circumstantial issue while proving
mens rea. This means that a juvenile always has the escape of liability by merely proving that he lacked
certain maturity. Secondly, most of the cases where a teenager has been targeted by another teenager
goes unreported for multiplicity of reasons. Due to this, there are little or no cases which are related
to teenage cybercrime. While to some extent the issue of maturity and understanding stands its case
in young adults, it needs to be appreciated that today’s youth, ironically due to the presence of internet
and cyberspace, possesses the knowledge and the information which gives them the maturity to
bifurcate the good and the bad aspect of internet. If a young boy is intentionally leaking morphed
pictures of some girl, the same cannot be ignored by tagging it as an impulsive reaction and lack of
maturity. If an individual is mature enough to carry out the offence, he/she is certainly mature enough
to know the consequences of the same. Further, cybercrimes by young adults or against young adults
are not restricted to just sexual offences. There is a plethora of cybercrimes which are committed on
the cyberspace against and by young adults including hacking, identity theft etc.
The laws enacted to combat cybercrimes are decades old. The young generation of our complex
society has undergone various emotional, intellectual and social changes since then which makes them
more aware of their surroundings and the consequences of their actions. The law treats such crimes
in a liberal manner wherein to prove the guilt of a juvenile becomes extremely difficult. The
consequences of this are against the principles of equity, justice and are highly arbitrary. In USA, a
minor is made liable for sharing and creating pornographic material. It treats a juvenile as both an
offender and a victim according to the facts and circumstances.33 The law has not provided a
satisfactory platform where the reporting of such crimes is safe and the outcomes of such

31 Id.
32 KI VIBHUTE, PSA PILLAI’S CRIMINAL LAW (LexisNexis 2021).
33 Child Pornography Prevention Act.

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investigations are fruitful. The innumerable committees and cells are lying dormant with no substantial
improvement on this front. The law needs improvement on two fronts. Firstly, actual changes need
to be made and a safe environment needs to be created so that the reporting of such crimes increases.
Secondly, it is high time that the procedure adopted to investigate the guilt of young adults be changed
and our law should walk towards treating cybercrimes with the same intensity and seriousness as
traditional crimes irrespective of the age group to which an individual belongs. Further, the ill handling
of cybercrime cases is also because there is lack of knowledge on how internet works amongst the law
enforcers. This is the main reason why most of the offenders go unidentified and are untraceable.
Efforts should be made to increase the knowledge of technological know-how among the law
enforcers and law makers so that practical laws can be made and enforced. Further, one of the reasons
young adults indulge in such crimes is because they are unaware of the laws which govern cyberspace.
The parents and the children need to be educated on the rights and liabilities of an individual on
cyberspace and they need to be made aware of the consequences of their actions.34 The emerging new
crimes, due to the changing complexities, bring with itself difficulties of detection and availability of
evidence.35 The definition of crimes is changing as our society progresses towards a technology driver
world. The prefix ‘cyber’ does not make the crime any less serious and our country needs to recognise
the seriousness of such crimes and appropriate actions need to be taken with the changing trends and
society.

34 India: Promoting internet safety amongst ‘netizens’, UNODC (Mar. 5, 2022, 6:30 AM),
https://www.unodc.org/southasia/frontpage/2012/May/india_-addressing-the-rise-of-cybercrime-amongst-
children.html.
35 M. DASGUPTA, CYBER CRIME IN INDIA- A COMPARATIVE STUDY (Eastern Law House 2009).

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~BIBLIOGRAPHY~

-BOOKS-

 TALAT FATIMA, CYBER CRIMES (EBC 2016).

 R.C. NIGAM,” LAW OF CRIMES IN INDIA”, PRINCIPLES OF CRIMINAL LAW, (1st ed. 1965).
 KI VIBHUTE, PSA PILLAI’S CRIMINAL LAW (LexisNexis 2021).
 M. DASGUPTA, CYBER CRIME IN INDIA- A COMPARATIVE STUDY (Eastern Law House 2009).
 J.W.C. TURNER, KENNEY’S OUTLINES OF CRIMINAL law (19th Edition University Press, Cambridge
1966).
 PROF. R.K.CHAUBEY, AN INTRODUCTION TO CYBER CRIME AND CYBER LAW (Kamal Law House,
2012).
 ABRAHAM D. SOFAER, SEYMOUR E, THE TRANSNATIONAL DIMENSION OF CYBER CRIME TERRORISM
(Hoover Institution Press, 2001).
-STATUTES-

 Indian Penal Code, 1860.

 The Protection of Children from Sexual Offences Act, 2012.
 The Information Technology Act, 2000.
 The Juvenile Justice (Care and Protection of Children) Act, 2015.
 The Code of Criminal Procedure, 1973.
 The Indian Evidence Act, 1872.
 Child Pornography Prevention Act.
-JOURNALS AND ONLINE SOURCES-

 Prabhash Dalei & Tannya Brahme, “Cyber law in India: An analysis”, 2 IJHAS (2013).
 Dhawesh Pahuja, Cyber Crime & the law, LEGAL INDIA (Mar. 1, 2022, 9:00 PM),
https://www.legalindia.com/cyber-crimes-and-the-law/.
 Raj Samani, “Cybercrime: The Evolution of Traditional Crime”, The Journal of Complex Operations 275
(2011).
 Sarah Kessler, What age range is considered a young adult?, CAKE (Mar. 2, 2022, 11:00 AM),
https://www.joincake.com/blog/young-adult-age-range/.
 John Carlos Corrales, Teens and Cybercrime: The Reasons behind it¸REVLOCK (Feb. 28, 2022, 7:00 PM).

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 Aman Singh Bakshi, Bois Locker Room: The role of Intermediaries in regulation of content, BAR AND BENCH
(Feb. 28, 6:00 PM), https://www.barandbench.com/columns/bois-locker-room-the-role-of-
intermediaries-in-regulation-of-content.
 Jack M. Germain, Young Adults, Seniors over 75 most susceptible to cyber fraud: Report,
TECHNEWSWORLD, (Feb 25, 2022, 9:00 AM), https://www.technewsworld.com/story/young-
adults-seniors-over-75-most-susceptible-to-cyber-fraud-report-87059.html.
 Prerna Sindwani, Cybercrimes are underreported- half of the adolescent victims never report, BUSINESS INSIDER,
(Mar. 2, 2022, 4:30 PM).
 Flinders University, Cybercrime: Internet erodes teenage impulse controls, SCIENCEDAILY, (Mar. 3,
2022, 8:00 PM), www.sciencedaily.com/releases/2020/01/200121112915.htm.
 PTI, Over 400% rise in cybercrime cases committed against children in 2020: NCRB data, THE ECONOMIC
TIMES, (Feb 18, 2022, 11:00 PM), https://economictimes.indiatimes.com/news/india/over-400-rise-
in-cyber-crime-cases-committed-against-children-in-2020-ncrb-
data/articleshow/87696995.cms?from=mdr.
 Kiratraj Sadana & Priya Adlakha, Cyber Crime During Coronavirus Pandemic, MONDAQ (Mar. 4, 2022, 3:00
PM), https://www.mondaq.com/india/operational-impacts-and-strategy/921026/cyber-crime-
during-coronavirus-pandemic.
 India: Promoting internet safety amongst ‘netizens’, UNODC (Mar. 5, 2022, 6:30 AM),
https://www.unodc.org/southasia/frontpage/2012/May/india_-addressing-the-rise-of-cybercrime-
amongst-children.html.
 Julija Lapuh Bele, Maja Dimc, David Rozman, Andreja Sladoje Jemec, “Raising awareness of cybercrime -
the use of education as a means of prevention and protection”, 10th International Conference Mobile Learning
2014.
 The World Bank, “Protecting Children from Cybercrime: Legislative Responses in Asia to Fight Child
Pornography, Online Grooming, and Cyberbullying”, 2015, https://www.icmec.org/wp-
content/uploads/2015/10/Protecting_Children_from_Cybercrime_-
_Legislative_Responses_in_Asia_to_Fight_Child_Pornography__Online_Grooming__and_Cyberb
ullying_2015.pdf.
 http://www.thehindu.com/todays-paper/tp-national/prevent-access-to-child-pornographycentre-
told/article8287151.ece.

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