ASSESSING THE EFFICACY OF INDIAN LAWS IN ADDRESSING PHISHING ISSUES IN CYBERCRIME

AUTHOR – PVN VAMSI KRISHNA, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY) LAVASA, PUNE

BEST CITATION – PVN VAMSI KRISHNA, ASSESSING THE EFFICACY OF INDIAN LAWS IN ADDRESSING PHISHING ISSUES IN CYBERCRIME, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 1028-1034, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This Article critically evaluates the effectiveness of India’s Information Technology Act, 2000 (IT Act) and related statutes in combating phishing attacks. Phishing is identified as an increasingly sophisticated cyber threat that exploits gaps in statutory definitions and enforcement. The analysis finds that while the IT Act and related provisions (such as §§66, 66C) and accompanying Indian Penal Code sections provide a framework for prosecution, they lack a specific definition of phishing, leading to ambiguity and reliance on general fraud and identity-theft provisions.

Enforcement is hampered by technical challenges, jurisdictional complexities, and limited forensic capacity among law enforcement. The transnational nature of phishing underscores the need for strengthened international cooperation; existing mutual legal assistance treaties and cybercrime conventions remain patchily applied. The article recommends clarifying statutory definitions of phishing (for example, by amending the IT Act to explicitly criminalize phishing), expanding investigative and prosecutorial resources. These reforms aim to modernize India’s cyber legal framework in line with evolving phishing tactics, improving enforcement and the security of digital transactions. Overall, the findings underscore the importance of legislative reform and global cooperation in fortifying India’s defences against phishing and safeguarding its digital economy.