The Impact of BNSS Law on Cyber Terrorism in India

This article has been written by Likitha Sri Meka, a 3rd year student pursuing BBA LLB from Symbiosis Law School, Hyderabad.

Abstract

The article discusses the BNSS 2023, or Bharatiya Nagrik Suraksha Sanhita. It deals with security arrangements that address the ever-increasing threat posed to India by cyber terrorism. Cyber terrorism as an issue has been based on the massive integration taking place across the country in recent years. The new form of terrorism not only possesses a grave threat to national security but also is increasingly a threat to the infrastructure and the well-being of society. BNSS 2023 was launched specifically to enact a comprehensive legal framework against this new form of terrorism. It enhances surveillance powers, provides severe penalties, and changes its focus to protect key infrastructure that includes defense systems, banking and energy.

The article examines the various substantive provisions of the BNSS regarding cyber terrorism and its implications for law enforcement in terms of international cooperation. However, it still unmasks a number of operational challenges involving issues with regard to privacy, the need for upgradation in technology, and the creation of law enforcement capacity.

Last but not least, the article makes suggestions regarding enhancing security in BNSS. Recommendations for further reformation in BNSS are security to privacy balancing, investment in capacity building, and enhancement of international collaboration in order to prevent crossborder cyber threats. The future scenario demands that the reforms be continued and international cooperation must be ensured to safeguard India’s digital landscape effectively.

Introduction

In today’s digital world, cyber terrorism becomes a very serious threat by erasing lines between the physical and virtual worlds. Technology, often in the form of the internet, is used to execute violent attacks disrupting critical infrastructure, breeding fear, and causing harm-by way of political, ideological, or religious motives. With an ever-growing dependency on digital systems in both India and globally, the problem of cyber terrorism has emerged as one of the leading threats. From widely sophisticated attacks launched on governments, financial markets, or services such as electricity and health care, to an unprecedented level of disruption and chaos, nations have, worldwide, become increasingly vulnerable.

Under the acknowledging fact that crime is not stationary in nature, the BNSS 2023 has been proposed as a new jurisdictional framework standing comprehensive on the issue of modern crimes like cyber terrorism. BNSS replaces Indian Penal Code and related criminal law. As it stands, BNSS is a paradigm shift on how India manages contemporary security challenges. With the emerging threat of cyber terrorism, BNSS steps up the legal provisions to protect nation’s security, critical infrastructure, and enforcement authorities by powerful tools to effectively tackle virtual threats.

The purpose of this article is an analysis of how BNSS 2023 hits the reform chain in the battle against cyber terrorism in India. This article gives a relevance to this law as it talks about growing cyber terrorism, describes its usability in enhancing the cybersecurity infrastructure of India, and directs implications to safeguard the nation against growing cyber threats in a fast-evolving digital landscape.

Cyber Terrorism: A New Threat

Cyber terrorism involves the form of terrorism that uses space in cyberspace and information technology to execute attacks on a network or system and data with the intent to cause harm, or create disruption and fear. Cyber terrorism, therefore, bears a difference from classical-style terrorism, in that the latter is marked by violence, levels of destruction, and employment of armed forces. This type of terrorism solely thrives in cyberspace and exploits strategic assets in financial institutions, government databases, and power grids in healthcare systems through hacking into computer systems or other digital webs. Like classical terrorism, the general point remains the same-to instill fear, drive political or ideological interests, or simply cause chaos on a huge scale. The difference, however, lies in the areas of resources and exploitation of digital systems as well as the internet. The main difference in nature is the kind of attack, as cyber terrorism uses hacking, malware, and other digital tools to interfere with daily vital services without necessarily engaging in a physical conflict.

Cyber terrorism undoubtedly had a significant global impact, affecting countries and their critical infrastructure as well. Among the most notable and flamboyant early examples of such incidents would be the 2007 cyberattack on Estonia, which is counted among the first attacks in a virtual war. There, from a distance of three weeks, Estonia’s government sites, banks, and mass media came under Distributed Denial of Service (DDoS) attacks that effectively crippled Estonia’s digital infrastructure. This attack is most likely to expose the vulnerability of cyber terrorism in crippling the whole nation without even a single physical bomb being exploded. A prominent example is the attack created in 2010 Stuxnet that was suspected of being developed by the United States and Israel. Its target was specifically Iran’s nuclear programme, the damage from which caused destruction of close to 1,000 centrifuges used in uranium enrichment at Natanz, Iran. It opened the nation to the ever-evolving technology of cyberattacks that can remotely be influenced; this means consequences are considerably higher for dependent nations with critical operations. These case studies illustrate that cyber terrorism is an inter border threat with global implications. It can be planned on one side of the globe and unleashed on the other; no country is immune to this destructive force.

Initiatives such as Digital India have accelerated India’s growth in the digital platform. End. While these have been driving the digital economy to growth and innovation, they have also stretched the country’s vulnerability to cyber terrorism. Cyberattack on Kudankulam Nuclear Power Plant in 2019 reminded the world that by very aspect of these vulnerabilities. While claiming that the breach did not compromise its operational systems, the sensitive internal networks of the power plant highlighted the risks of cyber terrorism targeting critical infrastructure of the nation.

The latest suspected cyberattack, believed to have come from China, has been blamed for the much-publicized power outage that hit Mumbai in 2021. It has brought the security of India’s power grid under a new form of scrutiny and given rise to the specter of foreign players resorting to cyber terrorism to destabilize its infrastructure. These incidents have shown that, just as India is progressing in its digital initiatives, it is equally vulnerable to cyber terrorism. And with the country continuing with this digitization of economy and infrastructure, there has never been a greater need for some robust cybersecurity measures.

BNSS : Major Provisions on Cyber Terrorism

The new law – Bharatiya Nagrik Suraksha Sanhita 2023 – published by the Indian government to modernize and integrate the criminal justice system of the country. BNSS is replacing the already more than a century-old Indian Penal Code, Criminal Procedure Code, and Indian Evidence Act in force. Since the new-age crimes, which include cyber terrorism, the BNSS is aware of the current gap in the laws that still exist today and are able to provide strong law provisions that form based on contemporary threats. The law aims to make the criminal justice system streamlined while putting certain provisions to deal with modern crimes, which also comprise digital and cyber warfare, to enhance national security.

Provisions Concerning Cyber Terrorism

• Definition and Classification of Cyber Terrorism
  The BNSS is one of the most defining and pinpointing laws when it comes to its approach on the definition and classification of cyber terrorism. It expands the existing definition of terrorism and encompasses cyberattacks that have the potential to jeopardize national security, cause damage to critical infrastructure, or inspire fear. An act carried out through a computer, communication network, or other digital device for interfering, damaging, or disrupting critical national infrastructure comes within the definition of a crime under the BNSS. BNSS also categorizes cyber terrorism into intent and scale-impacted attack. Attacks on defense systems, energy grids, and financial networks are considered “severe cyber terrorism.” In addition, severe cyber terrorism can be determined by penalties that are relatively harsher than others. This kind of categorization helps law enforcement bureaus to strengthen their priority based on the risks that will be made to national security.

  Punishments and Penalties
  The BNSS carries very tough sentences for cyber terrorism in a bid to deter possible attackers. Those found guilty of cyber terrorism are usually subjected to tougher sentences, which include imprisonment over several years and heavy fines. For instance, when these cyberattacks lead to death or severe damage to important infrastructure, the punishments include life imprisonment. In less severe cases, serious fines shall be accompanied by a sentence between 10 to 20 years of imprisonment. In the case of larger numbers of recidivists or organizers of crimes of this kind, heftier penalties shall apply, like property seizure. Through severe penalties, BNSS highlights the extreme nature of cyber terrorism and tries to make India any less of a safe haven for cyber criminals.
  
  Interception and Surveillance Powers
  Cyber terrorism is growing at an alarming rate as a threat to the security of Indians. As such, the BNSS has given law agencies even more powers to intercept and surveil even more digital communications. These provisions, however put authorities in a position to track one’s online activities, intercept communications, and monitor cyberterror-related activities real-time, especially within social media platforms, messaging applications, as well as encrypted communication networks. Once again, this law empowers security agencies to collaborate with internet service providers and social media companies to obtain data that would be of great use in preventing or investigating cyberattacks. However, such surveillance powers are to be checked and balanced so that they do not abuse it, and there would be judicial authorities checking whether it is strictly carried out according to standards of privacy.

  Protection of Critical Infrastructure
  The BNSS focuses much attention on the protection of India’s critical infrastructure from defense systems and financial institutions, power grids, and healthcare facilities. The cyber segment demands the strengthening of security protocols in all vital sectors with specific guidelines on how to prevent, detect, and respond to cyberattacks. BNSS also advocates for the conducting of periodic cybersecurity audits and institutionalization of new technologies, including AI, and machine learning for threat monitoring. The law is also structured to provide for prompt legal redress in case of attack and reopening of critical services.

Collaborative Mechanisms

Since cyber terrorism is fundamentally global, BNSS advocates for cooperation between national and international agencies to effectively manage the threat. On the other hand, the BNSS affords space for collaborative operations with all Indian cybersecurity agencies, Interpol, and other foreign organizations while giving merit to the collaboration with foreign governments in tracking cyber terrorists who base themselves abroad to forestall cross-border cyberattacks. The Act promotes the development of joint public-private partnerships in a bid to foster enhancement of defenses regarding cybersecurity defense. Most of the country’s critical infrastructures such as banking and telecommunications are operated privately.

With the BNSS 2023, India is strong in its legal response to the escalating threat of cyber terrorism. Being comprehensive in provisions, this law will build on India’s capability to detect, prevent, and respond to cyber attacks as well as create an environment for collaboration in tackling these different challenges that present in this new form of crime.

Impact of BNSS Law on Curbing Cyber Terrorism

The Bharatiya Nagrik Suraksha Sanhita 2023 has brought in substantial overhauls in the legal infrastructure of India in the fight against cyber terrorism. The BNSS has thus crystal-gazed reinforcement to India’s approach on the issue of cybersecurity by incorporating tougher legal provisions, increased powers for law enforcement agencies, and international cooperation. This paper analyzes the role of BNSS in reducing cyber terrorism, which encompasses legal frameworks’ support, deterrence, advancement of the law enforcement profession, protection of infrastructure, and cross-border cooperation.

Strengthened Legal Framework
The BNSS will give India a more developed legal structure with well-defined explicit descriptions of cyber terrorism and additional alignment with the greater anti-terrorism framework. Previous to the BNSS, legal provisions in India regarding cybercrimes, although strong, were largely dispersed and did not adequately incorporate the extent of complexity involved in cyber terrorism. The BNSS fills this gap as it defines cyber terrorism as any attack on information systems or digital infrastructure aimed at derailing national security, instilling mass fear, or causing critical infrastructure damage.

Moreover, the BNSS classifies cyber terrorism under the categorization of severity level to the national security threat. The most dangerous cyberattacks which target defence, financial institutions, and critical services are considered under the highest category so that law enforcement agencies can scale their operations according to it. This classification also brings about legal clarification of prosecutions due to cyber terrorism as it denotes that the government has foreseen the digital world as an important battlefield for national security threats.

Deterrent Effect
The BNSS impacts the system through the deterrence effect created by its stringent penalties on cyber terrorism. This law introduces huge repercussions that may be some form of imprisonment for life in the event that attacks cause loss of life or significant disruption of critical services. Among those convicted of participating or aiding in cyber terrorism, even lesser but more important punishments include imprisonment for 10 to 20 years and heavy fines. The BNSS also deals with superseding penalties for habitual offenders, which would increase the legal consequences for individuals or groups repetitive in their cybercriminal activities.

The BNSS clearly communicates to the would-be cyber terrorist the speed and severity of legal consequences that will befall one who engages in cyberattacks on the infrastructure and security systems of India. It increases the risks in cyber terrorism and makes India a tough target for cyber criminals as it acts as a powerful deterrent.

Enhanced Capabilities of Law Enforcement
The BNSS gives law enforcement enhanced law enforcement powers and better arms them in the fight against cyber threats. For the first time, under the BNSS, law enforcement agents have enhanced powers to monitor communications, monitor online activities, as well as conduct real-time surveillance of cyber terror suspects. All this is at a time when many cyber terrorist attacks are often inordinately long preparations that are clandestine in nature, organised through means of encrypted communications.

BNSS also has further deeper collaborations between the government agencies, law enforcement, and private cybersecurity companies. Through the BNSS mandating threat intelligence sharing and the giving of powers to investigate to the security agencies, it brings out a coordinated and effective response to cyber terrorism. Secondly, newer technologies, including artificial intelligence and machine learning, will be deployed in tracking emerging cyber threats so that the law enforcement agencies can have timely insight into the activities of cyber terrorists in this increasingly digitalized world.

Enhanced Protection for Critical Infrastructure
BNSS gives high priority to protecting critical infrastructures, including not only defence systems but also banking networks and power grids. These are the ones often targeted in cyber terrorism. Concerning such critical infrastructures, organizations are directed to be headed by very rigid cybersecurity guidelines, which include regular audits, development of advanced technologies in cybersecurity, and the posting of teams that can respond to cyber incidents expeditiously.

In the BNSS, therefore, the key sectors are far better protected than in the past because of frequent cybersecurity assessments and the heavy demands on digital security. In the financial sector for example, banks have to encrypt their Internet transactions much more securely than in the past. Defense networks are likely to strengthen their cyber security shields to safeguard critical information and ensure business continuity in the face of a cyberattack. Such measures reduce vulnerability and minimize loss from cyber terrorism.

Improving Global Cooperation
Cyber terrorism is a global menace, which often transcends national borders. The BNSS realizes that it can only occur through international cooperation in combating this menace. The law promotes more coordination between Indian investigating agencies and others in the countries of the world. It provides a framework of sharing of intelligence, conducting joint investigations, and coordinating operations to bring cyber terrorists across borders to book.

More, the BNSS promotes international collaboration with organizations like Interpol and cybercrime task forces. This would be possible through the set up of cross-border collaborations that make it possible for India to work with other nations in tracking cyber terrorists, disrupting the international cybercrime networks, and prevention of cross border cyber-attacks as well. Through this, international cooperation will be proper where cyber terrorists can start operating from anywhere and hitting more than one country at a time.

Challenges in the Implementation of BNSS Law

The Bharatiya Nagrik Suraksha Sanhita (BNSS) 2023 is a tremendous step in overcoming cyber terrorism in India, and yet it comes with some set of challenges. From the technological sophistication of cyber terrorists to data privacy concerns, capacity building, interagency coordination, and cross-border jurisdictional issues-all these will play crucial roles in the success of the BNSS.

Technological Sophistication of Cyber Terrorists
In fact, one of the most daunting challenges to implementing BNSS is the far-reaching quick development of cyber terrorists’ technological capabilities. Today, cyber attacks are highly sophisticated since the attackers apply the technologies of encryption, dark webs, and other advanced hacking tools to avoid detection and prosecution. They make use of encrypting platforms and anonymous technologies, such as virtual private networks (VPNs) and Tor networks, which raises a challenge for the law enforcement agencies in tracing their operations. Advanced malware, zero-day exploits, and artificial intelligence (AI) are also employed by cyber attackers to present a crisis to law enforcement agencies in many instances.

For example, they can use AI to enable automation of the attacks so that security agencies cannot work in real time. The technology advances, the tools used by cyber terrorists advance with it, a little faster than the law enforcement if everything remains as is. BNSS gives more surveillance and interception powers to law enforcement but the cyber terrorists know how to use the same; hence the law enforcement agencies have to do their best always to stay in breadth with technological advancement so that it can keep step with all cyber threats.

Data Privacy Issues
BNSS has afforded wide scope to the lawmen in intercepting and monitoring communications in the prevention of cyber terrorism. This provision, though, has sparked allegations of breaches in individual privacy rights. With the expansio n in surveillance powers of this law that includes interception of digital communications and on-time monitoring of online activities, controversy has emerged over the issue of balance between national security and privacy.

However, critics posit that the vast powers of surveillance provided for under the BNSS expose a major flaw in such a law, particularly in the formulation of the law, where there would be gross instances of misuse if not enough oversight. For example, the ill-defined limits to the permissible scope of surveillance and mass harvesting of data have raised fears that this law might be abused to trounce civil liberties. It will fundamentally be important ensuring that there are enough checks and balances that allow judicial oversight and transparency to ensure public trust without jeaparding national security.

Capacity Building
Another very critical area in the effective implementation of the BNSS is the capacity building required by and within the law enforcement and the judiciary. Cyber terrorism requires specialized knowledge and technical know-how that most law enforcement agencies currently lack. An effective fight against cyber threats would require the training of law enforcement personnel in cybersecurity, digital forensics, and cyber law. The need for such skilled professionals, including cyber forensic experts, ethical hackers, and cybersecurity specialists, is on the rise to a large extent, and India remains short on the trained personnel line.

The judiciary must also be strengthened to handle sophisticated cybercrime cases. Judges and lawyers must be familiar with the technical subtleties of cyber terrorism as well as the legal frameworks that govern them. In the lack of proper training and capacity building, these agencies and the judiciary would find it hard to apply BNSS properly on cyber terrorism cases.

Interagency Coordination Issues
The BNSS will be effective only when all government agencies and departments work in absolute sync to curb cyber terrorism. Agencies, like the NIA, the CERT-In, and the state law enforcement, need to collaborate with each other to counter cyber threats. However, smooth interagency coordination is difficult to get, mainly because these agencies have overlapping jurisdictions quite often and do not inform one another each time.

Coordination issues at the central and state levels may further slow down the speedy investigation, thereby delayed response to cyberattack. In addition, the lack of central database and communication network for conveying real-time information between agencies may further impede tracking and prevention of cyber terrorism. Communication channels, joint training, and shared protocols need to be devised by the agencies to overcome these issues.

Jurisdictional Issues of Inter-State Cyber Crimes
Cyber terrorism also crosses national borders many times, so jurisdictional issues create huge problems for the prosecution of cyber terrorists. Most of the cyber terrorists are based in foreign countries using servers and networks from other countries outside of India, which further complicates the investigation and prosecution processes. The BNSS empowers Indian investigating authorities to conduct investigation into crimes relating to cyber terrorism but to prosecute individuals who reside outside their country, international cooperation is required.

India has very few bilateral agreements and treaties with foreign governments pertaining to the prosecution and extradition of cybercrimes. This makes it hard to detect these cyber terrorists and extradite them from jurisdictions that may not have an extradition treaty with India. Moreover, because the internet is decentralized, terrorists can carry out their attacks from different locations, making their case jurisdictionally problematic. International cooperation and treaties on investigation, data sharing, and extradition will be crucial in addressing cross-border cyber terrorism.

Comparison with Global Cyber Terrorism Laws

United States: Patriot Act and Cybersecurity Information Sharing Act

The United States has developed a robust legal framework to address cyber terrorism, with laws such as the Patriot Act and the Cybersecurity Information Sharing Act (CISA). The Patriot Act, enacted after the 9/11 attacks, grants broad surveillance powers to federal agencies for national security purposes, including the ability to monitor digital communications. Similar to the BNSS, the Patriot Act allows for interception and monitoring of communications. However, the Patriot Act has faced significant criticism for infringing on civil liberties, much like the concerns surrounding the BNSS’s surveillance provisions.

The CISA, passed in 2015, focuses on facilitating cooperation between public and private sectors in sharing information about cyber threats. It encourages companies to share cybersecurity data with the government to prevent attacks, offering legal protections in exchange for their cooperation. While the BNSS also emphasizes the need for protecting critical infrastructure, its focus on public-private cooperation is not as clearly defined as in CISA, where the private sector plays a more proactive role in combating cyber terrorism.

European Union: NIS Directive

The Network and Information Security (NIS) Directive, implemented in the European Union in 2016, aims to improve the cybersecurity standards of member states and requires essential service operators to adopt strong cybersecurity measures. The NIS Directive also mandates timely reporting of cybersecurity incidents and encourages cooperation between EU member states in addressing cyber threats.

In contrast, the BNSS takes a more national security-driven approach to cyber terrorism, focusing heavily on surveillance and punishment rather than setting specific cybersecurity standards. While the NIS Directive emphasizes the prevention of cyberattacks through improved cybersecurity practices, the BNSS is more focused on penalizing cyber terrorists and monitoring their activities. Additionally, the NIS Directive’s focus on regional collaboration is more extensive, whereas the BNSS prioritizes national measures, although it promotes international cooperation as well.

China: Cybersecurity Law

China’s Cybersecurity Law, introduced in 2017, takes a more comprehensive and state-controlled approach to cyberspace management. It mandates strict data localization, requiring companies to store Chinese citizens’ data within the country. This law gives the Chinese government extensive control over data, online activities, and digital platforms, ensuring that cyberspace remains under state control. The BNSS does not implement such stringent data localization requirements but does grant significant powers to law enforcement for monitoring cyber activities.

The Chinese law is known for its heavy focus on maintaining state control over the internet and regulating online content, while the BNSS is more centered on protecting critical infrastructure and enhancing legal mechanisms for tackling cyber terrorism. Although both laws aim to enhance cybersecurity, China’s approach is more authoritarian, relying on tight control over data and online activities, which has raised concerns about censorship and human rights. In comparison, the BNSS is focused on balancing national security needs with individual rights, though concerns about privacy remain due to its surveillance powers.

Recommendations for Improving BNSS

Technology Upgradation
The BNSS needs to keep modernizing technology to close the technological gap between the cybetterrorists and the law enforcing agencies. The government should invest in advanced cybersecurity tools that may include artificial intelligence to distinguish suspicious patterns, machine learning algorithms to predict the arrival of cyber attacks, and blockchain to secure communication channels. Furthermore, forensic tools used by police must be modernized to decode encrypted communications, trace the dark web activities, and fight malware. Second, there is a need for cooperation between police organizations and private tech companies for the special software in cybercrime investigations.

Periodic updates to the technical structure as well as infusion with new technologies would gift the law enforcement forces with new means of overtaking cyber terrorists, who increasingly rely on very technological methods such as AI-driven attacks and zero-day exploits.

Balancing Security with Privacy
Wide powers of surveillance The BNSS expands wide powers of surveillance. Questions must be raised about what is likely to be encroached upon here-to-for safeguarded individual rights to privacy. For instance, parliament may further enact the law in terms of guidelines and scrutiny of such surveillance capability or capacity. An independent regulatory body may have to watch for use of surveillance capacity, besides seeing that the use is targeted and proportionate. It may have the right to review surveillance warrants issued under the BNSS besides monitoring compliance.

Furthermore, the BNSS might incorporate a mechanism for transparency: reporting yearly on the volume and outcome of surveillance requests made. These amendments would have the balance between national security and the protection of individual privacy-to ensure that the public reposes full trust in the system while the serious efforts of cybersecurity are maintained.

Capacity Building and Training
A good amount of investment in the BNSS capacity-building process by the government is necessary in making cybercrime investigations more effective. This includes establishing special cybercrime units in law enforcement agencies and equipping them with the tools and techniques of investigating cyber terrorism. Continuous training must also be given to law enforcement personnel and judicial officers about the emerging cyber threats, digital forensics, and international cyber laws.

It would be much better to collaborate with international cybersecurity experts for joint training programs that could significantly improve the knowledge and expertise of Indian law enforcement. Furthermore, cyber law curricula should be integrated with law schools and institutes so that legal professionals before going into practice are properly oriented with the technological legal complexities of cyber terrorism.

Building International Cooperation
Cyber terrorism often spans national borders; therefore, international cooperation will be crucial to effective enforcement. BNSS can be made stronger by developing stronger international cooperation in the form of partnerships and treaties that can facilitate an investigation into cybercrime across borders. India needs to take an active role in international efforts like the Budapest Convention on Cybercrime and negotiate bilateral treaties with key countries to streamline the exchange of information, evidence, and extradition of cybercriminals.

India can also propose to create an international cybercrime task force where different countries collaborate in real-time to eradicate international cyber threats. Enhancing diplomatic lines for the collaboration of cybercrime will make BNSS have a strong framework for the treatment of cyber terrorism at both the national level and internationally.

Conclusion

The BNSS 2023 has focused much on upgrading India’s legal infrastructure in keeping pace with the emerging threat of cyber terrorism. BNSS has defined what cyber terrorism is and subjected to grave retribution; it has made a strong deterrent against it. Provisions such as interception, surveillance, and protection of critical infrastructure have now empowered law enforcement agencies to protect Indians from such cyber threats. Therefore, the grave issue that lies at the root of the collaborative mechanisms makes the climate of cooperation between the national and international agencies, supporting India in the fight against cyber terrorism on a global level.

While the BNSS indeed is a sound framework, it also throws open many challenges. Issues of privacy and constant upgrading of technology, and even proper capacity building of law enforcers, are critical improvements. The complexity of cross-border cybercrimes further underlines the need for international cooperation since cyber terrorism often functions outside national jurisdictions’ limits.

Looking ahead, India’s cyber defenses can be further strengthened through a multi-pronged approach. The ability to neutralize cyber terrorists, now becoming increasingly sophisticated, will critically depend on adopting cutting-edge technologies, especially in the field of AI and cybersecurity tools. Equally important is that the need to maintain an appropriate balance between national security concerns and preserving privacy should be kept in mind, including overseeing surveillance powers. Training for law enforcement and judiciary and active engagement with international partners will strengthen India’s response capability.

In conclusion, while the BNSS is a big step in India’s battle against cyber terrorism, such efforts in law reform and capacity building, as well as global collaboration, will be necessary to help in keeping India’s digital future safe. With the right strategy in place, India could establish itself as a world leader in combating cyber terrorism.

Bibliography

• Bharatiya Nagrik Suraksha Sanhita, No. 54 of 2023, Acts of Parliament, 2023 (India)
• Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act, Pub. L. No. 107-56, 115 Stat. 272 (2001)
• Cybersecurity Information Sharing Act, Pub. L. No. 114-113, 129 Stat. 2242 (2015)
• Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union, 2016 O.J. (L 194) 1
• Cybersecurity Law of the People’s Republic of China, Standing Committee of the National People’s Congress, Order No. 53, Nov. 7, 2016, available at https://www.npc.gov.cn/englishnpc/c23934/202009/1e4ee8b0e14f415297f53a5ca27c3898.shtml