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Cybercrime Surge and Online Hate Speech: The New Legal Battlefield in India By: Abhishek Jat, Advocate Date: 19 June 2025 India's rapid digital transformation has ushered in an era of unprecedented connectivity, revolutionizing communication, commerce, and social interaction. However, this digital expansion has been accompanied by a significant surge in cybercrime and a concerning rise in online hate speech. The digital landscape, once lauded for democratizing expression, has increasingly become a battleground for criminal activity, the spread of misinformation, and the exacerbation of communal tensions. Recent decisive actions by the Karnataka Police, including the registration of multiple First Information Reports (FIRs) against individuals for provocative online content, signify a critical shift in how Indian authorities are addressing digital offenses. This indicates that online hate speech is no longer merely a violation of platform policies but is now being treated as a seri...

  By Abhishek Jat, Advocate Factual Background The case originated from a complaint regarding alleged financial fraud through online betting platforms, wherein the complainant claimed to have lost money via transactions conducted on multiple betting websites using PhonePe as a payment gateway. The police, investigating offences under the Information Technology Act, 2000 (Sections 66C and 66D) and the Indian Penal Code (Sections 419 and 420), issued a notice under Section 91 of the Code of Criminal Procedure, 1973 (CrPC) to PhonePe, seeking detailed information about certain merchants and users suspected of facilitating illegal betting transactions. PhonePe, a prominent digital payments intermediary, challenged this notice, asserting that as a system provider regulated under the Payment and Settlement Systems Act, 2007 and the Bankers’ Books Evidence Act, 1891, it was bound to maintain the confidentiality of user and merchant data. The company contended that such information could o...

  By Abhishek Jat, Advocate Introduction The digital revolution has necessitated a robust legal framework to address emerging challenges in cyberspace. India's Information Technology Act, 2000 (IT Act) has evolved significantly through judicial interpretation. This article examines seminal judgments that have shaped the contours of cyber law jurisprudence in India, focusing on intermediary liability, cybercrime prosecution, digital evidence standards, and constitutional challenges. I. Intermediary Regulation and Digital Content Governance Website Blocking and Proportionality In Department of Electronics and Information Technology v. Star India Pvt. Ltd. (2016), the Delhi High Court established a significant precedent regarding website blocking. The court determined that when a website predominantly hosts infringing content, blocking it in its entirety is justified rather than implementing selective URL blocking. This judgment marked a crucial shift in the regulatory approach...