Cyber Fraud and Legal Responsibility
Lessons From Indian Courts
By Adv. Utkarsh Arya | Ciminal & Cyber Lawyer , Jaipur
In today's fast-paced digital world, cyber fraud has become one of the most widespread and dangerous forms of crime. From phishing emails to fake job portals, from identity theft to payment gateway scams and voice cloning by AI — the threats are endless and constantly evolving.
But the question is: What does the law say?
And more importantly: How are Indian courts responding to such digital crimes?
Landmark Case: -
NASSCOM V/S AJAY SOOD & OTHERS (2005)
One of the earliest and most influential cases of cyber fraud in India is the NASSCOM V/S Ajay Sood judgment, delivered by the Delhi High Court in 2005.
ØFacts of the Case:
- The accused created fake email IDs impersonating senior officials of NASSCOM.
- They contacted job seekers and collected money by falsely promising employment.
- NASSCOM filed a civil suit and a criminal complaint for phishing and email spoofing.
ØCourt’s Observation:
“Phishing is a form of net-based fraud and cheating. It is an act of misrepresentation and deception. It misleads the victims into believing that they are dealing with a genuine party.”