Why in news?
While hearing a petition related to “digital arrest” scams, the Supreme Court of India in November 2025 urged the central government to consider ratifying the United Nations Convention against Cybercrime. The treaty, adopted by the UN General Assembly in December 2024 and opened for signature in Hanoi on 25 October 2025, is the first comprehensive global agreement to combat cybercrime.
Background
Rapid digitalisation has made cyber‑enabled crimes such as hacking, ransomware, financial fraud, online child exploitation and the non‑consensual sharing of intimate images a global menace. Existing international instruments, like the Council of Europe’s Budapest Convention, cover some aspects but do not enjoy universal participation. After five years of negotiations, UN member states drafted a new convention to provide a uniform legal framework for preventing and prosecuting cyber‑related offences and facilitating cross‑border cooperation.
Main provisions of the convention
- Broad scope of offences: The treaty criminalises cyber‑dependent crimes (hacking, denial‑of‑service attacks), online fraud, cyber‑enabled terrorism, online grooming of children and the non‑consensual dissemination of intimate images. It is the first international treaty to explicitly recognise such “revenge porn” as an offence.
- Electronic evidence framework: It establishes common rules for collecting, preserving and exchanging electronic evidence across borders for all serious crimes, not just cyber offences. Member states must ensure that law‑enforcement requests respect human rights and privacy standards.
- 24/7 cooperation network: A global contact network will allow states to make urgent requests for information, extradition or asset seizure. This is crucial because digital evidence can be erased quickly.
- Capacity building: The convention emphasises technical assistance and training for developing countries so that all states can effectively investigate and prosecute cybercrime.
- Human rights safeguards: Procedural measures, including judicial oversight, the right to an effective remedy and restrictions on the scope and duration of surveillance, are incorporated. Countries may refuse cooperation if a request would violate human rights or target individuals on grounds such as race, religion or political opinion.
Debate and India’s stance
- Supporters: Proponents argue that the convention fills gaps in international law and will streamline cooperation in cyber investigations. During the signing ceremony, UN Secretary‑General António Guterres called it a testament to multilateralism and highlighted its role in protecting children from online abuse.
- Critics: Civil‑society organisations and some tech companies worry that vaguely defined offences and surveillance provisions could be misused to curtail free speech or target cybersecurity researchers. They call for stronger safeguards and transparency.
- India: India participated in negotiations and voted in favour of the final text but has not yet signed. The Supreme Court’s comments highlight rising cyber fraud within India and the need for international cooperation. Ratification would require Parliament’s approval after evaluating how the treaty aligns with domestic laws like the Information Technology Act and the proposed Digital India Act.
Conclusion
The Convention against Cybercrime marks a milestone in global efforts to tackle online offences. For India, ratifying the treaty could enhance cooperation with other countries in investigating cybercrimes that transcend borders. However, careful scrutiny of its provisions is necessary to balance law‑enforcement needs with protection of civil liberties.
Source: IE · European Commission · National CIO Review