Organised Crime under the Bharatiya Nyaya Sanhita, 2023: A Critical Evaluation of Scope and Safeguards

Abstract

The rapid growth of India’s digital economy has brought unprecedented opportunities as well as challenges in ensuring the privacy and protection of personal data. This paper aims to critically analyze India’s current data protection framework, focusing on the provisions of the Personal Data Protection Bill, 2019 (PDPB), and evaluating its effectiveness in safeguarding citizens’ privacy. In order to provide a comprehensive understanding, the PDPB is compared with global standards, including the General Data Protection Regulation (GDPR) of the European Union and the California Consumer Privacy Act (CCPA). The study employs a mixed-methods approach combining comparative legal analysis and survey data collected from 300 respondents across urban, semi-urban, and rural regions. The survey investigates public awareness of data privacy regulations, their concerns regarding personal data security, and preferences for data handling practices. Key findings indicate that while India has made significant strides through the PDPB, substantial gaps remain in terms of enforcement, transparency, and alignment with internationally recognized data protection norms. The paper argues that harmonizing India’s legal framework with global standards is essential to ensure robust consumer protection, build public trust in the digital ecosystem, and facilitate secure technological innovation.