Strengthening Digital Justice Governance: A Decision Science Approach to Amendments in ITA 2000, BNS 2023, And BSA 2023 For Next-Generation Cybercrime

Abstract

Judicial activism has enabled courts to apply legal jurisprudence, cyber laws, and criminal laws to address emerging cybercrimes. However, the IT Act 2000/2008, Bharatiya Nyaya Sanhita (BNS) 2023, and Bharatiya Sakshya Adhiniyam (BSA) 2023 lack specific provisions to regulate punishments and combat next-generation cyber threats. The rise of AI-driven attacks, deep fakes, ransom ware, and data breaches demands stronger legal measures. While these laws provide a foundation, amendments are needed to enhance enforcement, digital forensics, and judicial processes. This study analyses legal gaps and proposes reforms, including AI-based cybercrime detection, enhanced electronic evidence admissibility, digital identity protection, and cross-border jurisdiction. Using legal analytics, risk assessment models, and information systems management, the research recommends a harmonized framework to strengthen cyber security, improve investigations, and ensure digital justice. punishments, including fines and imprisonment, shall be determined based on the risk exposure and impact of cyber-attacks on critical infrastructure, individuals, organizations, or the government.