K

Practice Area

Cyber Law

Legal expertise for the digital age

800M+

Internet users in India

Rs. 250 Cr

Maximum penalty under DPDPA

1930

National Cyber Crime Helpline number

6 Hours

CERT-In incident reporting deadline

Overview

Cyber law in India is primarily governed by the Information Technology Act, 2000 (as amended in 2008) and the rules framed thereunder, supplemented by provisions of the Bharatiya Nyaya Sanhita, 2023 and sector-specific regulations. As India's digital economy has exploded—with over 800 million internet users, the world's largest UPI payment ecosystem, and a rapidly growing digital commerce sector—the legal challenges in cyberspace have grown exponentially. From cyber-crimes like hacking, phishing, ransomware, and identity theft to civil disputes involving data privacy, online defamation, and e-commerce compliance, the field of cyber law demands specialized expertise at the intersection of technology and law. At NyaySevak, our cyber law practice provides both proactive advisory and aggressive enforcement for individuals and businesses operating in the digital space.

The Digital Personal Data Protection Act, 2023 (DPDPA) has added a transformative layer to India's cyber law framework, establishing a comprehensive data protection regime that governs how personal data is collected, processed, stored, and transferred. The DPDPA introduces concepts of data fiduciaries, data processors, consent management, data principal rights, and the Data Protection Board of India as the adjudicatory authority. Businesses across sectors—from IT companies and startups to banks, hospitals, and e-commerce platforms—must now comply with these provisions or face penalties of up to Rs. 250 crores.

Our cyber law practice covers the full spectrum of digital legal issues: filing and defending cyber-crime complaints before Cyber Crime Police Stations and the National Cyber Crime Reporting Portal (cybercrime.gov.in), pursuing civil remedies for online defamation and harassment, advising on IT Act compliance including intermediary guidelines (IT Rules, 2021), social media regulation, data localization requirements, and handling domain name disputes through the .IN Registry Dispute Resolution Policy. We also assist businesses with digital contract enforcement, electronic evidence admissibility under the Bharatiya Sakshya Adhiniyam, 2023, and cyber insurance claims.

Governing Framework

Key Legislation & Statutes

Information Technology Act, 2000 (as amended in 2008)
Digital Personal Data Protection Act, 2023 (DPDPA)
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
Information Technology (Reasonable Security Practices and Procedures) Rules, 2011
Bharatiya Nyaya Sanhita, 2023 (Sections relating to cyber offences)
Bharatiya Sakshya Adhiniyam, 2023 (electronic evidence provisions)

What We Offer

Our Cyber Law Services

01

Cyber-Crime Complaints & Defense

Filing cyber-crime complaints through the National Cyber Crime Reporting Portal (cybercrime.gov.in) and state Cyber Crime Police Stations for offences including hacking (Section 66 IT Act), identity theft (Section 66C), cyber stalking, phishing, ransomware attacks, and online financial fraud. We also defend individuals falsely accused of cyber-crimes.

02

Online Defamation Cases

Pursuing civil and criminal remedies for defamatory content published on social media platforms, websites, blogs, and online review portals. We handle content takedown notices to intermediaries under the IT Act, seek injunctions from courts, and pursue damages for reputational harm caused by online defamation.

03

Data Privacy Compliance (DPDPA)

Advising businesses on compliance with the Digital Personal Data Protection Act, 2023, including consent management frameworks, privacy policy drafting, data processing agreements, data breach notification procedures, Data Protection Impact Assessments, cross-border data transfer mechanisms, and preparation for Data Protection Board proceedings.

04

E-Commerce Legal Compliance

Ensuring compliance with the IT Act, Consumer Protection (E-Commerce) Rules, 2020, FEMA regulations for cross-border e-commerce, FDI policy for e-commerce, intermediary guidelines, and payment aggregator regulations. We draft terms of service, privacy policies, refund policies, and seller agreements for online platforms.

05

Social Media Legal Issues

Handling legal disputes arising from social media including cyberbullying, impersonation, unauthorized use of photographs and videos, privacy violations, trolling and harassment campaigns, and disputes with social media platforms regarding content moderation, account suspension, and data access requests.

Jurisdictions

Relevant Courts & Forums

Cyber Crime Police Stations (state-level)
Adjudicating Officers under IT Act
Cyber Appellate Tribunal (functions transferred to TDSAT)
Data Protection Board of India (under DPDPA)
High Courts (writ jurisdiction and original civil jurisdiction)

Quick Reference

Services at a Glance

Cyber-crime complaints & defense
Online defamation cases
Data privacy compliance
E-commerce legal compliance
Social media legal issues

Common Questions

Frequently Asked Questions

01

How do I report a cyber-crime in India?

Cyber-crimes can be reported through the National Cyber Crime Reporting Portal at cybercrime.gov.in (helpline: 1930), at dedicated Cyber Crime Police Stations in your city, or at any local police station (as cyber-crime is a cognizable offence). For financial fraud, immediately call the 1930 helpline to freeze the fraudulent transaction. You should preserve all digital evidence including screenshots, chat records, transaction details, and email headers. You can also file an FIR online through the portal for crimes involving women and children.

02

What is the punishment for hacking in India?

Under Section 66 of the IT Act, whoever dishonestly or fraudulently accesses a computer resource without permission (hacking) is punishable with imprisonment up to 3 years and/or fine up to Rs. 5 lakhs. If hacking results in damage to computer systems (Section 43 read with 66), compensation can be awarded by the Adjudicating Officer with no upper limit. Under the BNS, if hacking is committed for the purpose of committing another offence (like fraud, theft, or terrorism), enhanced penalties apply. Cyber terrorism under Section 66F carries life imprisonment.

03

What is the Digital Personal Data Protection Act (DPDPA) and who does it affect?

The DPDPA, 2023 is India's comprehensive data protection law that regulates the processing of digital personal data. It applies to all data fiduciaries (entities that determine the purpose and means of processing personal data) processing data of individuals (data principals) within India, as well as processing outside India if it relates to offering goods/services to individuals in India. The Act mandates lawful consent, purpose limitation, data minimization, accuracy, and security. Penalties for non-compliance range from Rs. 50 crores to Rs. 250 crores.

04

Can I get defamatory content removed from social media in India?

Yes, you have several legal remedies. First, you can report the content to the social media platform under their community guidelines and the IT (Intermediary Guidelines) Rules, 2021, which require intermediaries to remove content within 36 hours of a government/court order. Second, you can file a civil suit seeking an injunction and damages. Third, you can file a criminal complaint for defamation under Section 356 BNS (formerly 499/500 IPC). Courts have routinely granted interim injunctions directing platforms to remove defamatory content pending trial.

05

What precautions should businesses take for cyber security compliance in India?

Businesses should implement reasonable security practices as mandated by the IT Act and DPDPA, including: adopting IS/ISO/IEC 27001 or equivalent security standards, conducting regular security audits, appointing a Data Protection Officer (mandatory for significant data fiduciaries), implementing data breach notification procedures (reporting to the Data Protection Board without delay), maintaining access controls and encryption, training employees on cyber security, and having an incident response plan. CERT-In has mandated that cyber security incidents must be reported within 6 hours of detection.

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