Reconceptualising Property Offences in the Digital Age: Digital Assets, Online Fraud and the Applicability of the Bharatiya Nyaya Sanhita, 2023.

Author

Sakshi Dhiman, Taljinder Kaur, Navdeep Kaur.


Abstract

 The expansion of digital payments, online platforms, virtual asset and remote financial services. Has revolutionized how people   acquire, retain, transfer and pass on property. Property is no longer. Only seen in its physical form – such as.  Cash, land    jewellery or any other physical item. At a person can now hold To earn economic value, a cryptocurrency wallet is required, which is a token associated with a digital good, an online A stored balance, an account or a contractual entitlement, which is managed via a platform. These Information of interests can be compromised by deception, unauthorized access, manipulation of credentials Or a diversion of a transaction. The core question of the law is whether traditional offences were genuine offences. Can react appropriately if the nature of the offence is against property or the methodology of offending is against property. This paper looks at the ability of Bharatiya Nyaya Sanhita 2023 (BNS) in addressing Digital-asset framework, and that of the online fraud, as a different matter. The Bharatiya Sakshya Adhiniyam, 2023 (Bharatiya Sakshya Act) and Information Technology Act, 2000 (IT Act) (BSA). It takes into account the stealing under section 303, snatching under section 304, extortion, robbery, Criminal misappropriation, criminal breach of trust, receiving stolen property and cheating Under sections 308-319 with computer offences and identity based offences. Under the IT Act. It also reviews electronic evidence, attributive jurisdiction and territorial jurisdiction, Investigation, asset tracing and recovery of victims. It is a paper that has a doctrinal and analytical approach. It is based mainly on the texts of the laws, Official legal documents and judicial rules pertaining to dishonest enlistment, holding, and Electronic records and fair criminal process. It does not report original field data, or a Statistical survey. It is its central thesis that the BNS can solve a lot of these digitally manifested forms. Arises regarding the criminal intent behind it established the legal elements of an offence, but raises doubt about the criminal intent. Remains where the offence is one purely intangible and of the traditional type, namely, the theft of a birth certificate. remains where the offence is purely intangible and of the traditional kind, the stealing of a birth certificate. Requires ‘movable property’ or a specific type of possession. The best solution is: Coordinated framework: careful interpretation of existing provisions, clear treatment of digital. Evidence, better investigatory capacity, and specific legislative clarity which will not be taken away, Crafts arguments that are legally sound and does not over criminalise.


Keywords

Bharatiya Nyaya Sanhita, 2023, digital assets, cryptocurrency, online fraud were used. Cheating, Cybercrime, Electronic evidence, Information Technology Act, 2000.



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References


  1. STATUTES

Bharatiya Nyaya Sanhita, 2023.

Indian Penal Code, 1860.

Information Technology Act, 2000.

Income-tax Act, 1961.

  1. BOOKS

The Bharatiya Nyaya Sanhita, 36th Edition, LexisNexis, 2024, Ratanlal & Dhirajlal.

P.S.A. Pillai, Criminal Law, 14th edn.

The Textbook on the Bharatiya Nyaya Sanhita has been written by K.D. Gaur.

Computers, Internet and New Technology Laws, by Karnika Seth.

  1. ARTICLES / REPORTS

New Criminal Laws – Justice K.T. Thomas on Cyber Crimes and Property Offences (2024).

The NITI Aayog Blockchain and Digital Assets: Regulatory and Policy Materials document

provides an overview of the regulatory and policy landscape.

Reconceptualising theft and criminal law in the digital age, Abhinav Sekhri.

  1. CASE LAWS

Internet and Mobile Association of India v. Reserve Bank of India ((2020) 10 SCC 274),

Gagan Harsh Sharma v. State of Maharashtra (2018)

NASSCOM v. Ajay Sood (2005) 119 DLT 596)

State (NCT of Delhi) v. Navjot Sandhu (2005) 11 SCC 600

Shafhi Mohammad v. State of H.P. ((2018) 2 SCC 801)

Tapas D. Neogy v. State of West Bengal ((1999) 7 SCC 685)

The State of Bihar v. 9A.1 Hridaya Ranjan Prasad Verma (2000)

Anvar P.V. v. P.K. Basheer (2014)

Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020)

Sonu v. State of Haryana ((2017) 8 SCC 570).

 

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