https://indianmasterminds.com

ADVERTISEMENT
ADVERTISEMENT

Delhi High Court Rejects PIL for Dedicated Cybercrime Courts, Cites Lack of Statutory Mandate

The Delhi High Court dismissed a PIL seeking the establishment of special courts to deal exclusively with cybercrime cases, holding that there is no statutory mandate for such courts. The judgment highlights judicial restraint and opens the door for legislative or executive action on cyber justice reform.
Delhi HC GST Cut on Air Purifiers Ruling
Indian Masterminds Stories

New Delhi: On December 10, 2025, the Delhi High Court delivered a significant judgment in a public interest litigation (PIL) seeking the establishment of special courts exclusively for cybercrime cases. 

A Division Bench led by Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela declined to issue mandatory directions to set up such courts, emphasizing that no statutory provision currently mandates their creation. 

The petitioner, advocate Vijay Bhaskar Verma, argued that the rapidly increasing incidence of cybercrime — encompassing financial fraud, data theft, cyberstalking, and online harassment — necessitated a dedicated judicial framework for speedy and effective adjudication. However, the High Court held that without explicit legal backing, it could not direct the establishment of specialized tribunals or courts. 

This verdict has ignited fresh debate over whether the Indian judicial system is adequately equipped to handle the explosion of cybercrime amid technological disruptions.

Background of the Cybercrime Courts PIL 

Cybercrime has become one of India’s most pressing public safety challenges. With increasing internet penetration, digital transactions, and remote communication platforms, crimes involving data breaches, online frauds, identity thefts, and ransomware have surged sharply. According to legal experts and crime statistics, cybercrime reporting has risen annually at double-digit rates — taxing existing law enforcement and judicial infrastructures.

Read also: Supreme Court Fights Back Against AI Chaos — Demands Strict Regulation of Generative AI in Judiciary

In previous years, public interest litigations and judicial observations have flagged systemic delays, inconsistent prosecutorial responses, and challenges in invoking appropriate legal provisions under the Information Technology Act, 2000 and the Indian Penal Code.

For instance, the Delhi High Court has previously sought responses from police authorities over the non-invocation of cybercrime provisions in FIRs and systemic gaps in handling digital crime complaints. 

The Cybercrime courts PIL Case: Key Arguments and Court Hearing

The PIL, filed through legal counsel, sought a judicial mandate for:

  • Creation of special courts to exclusively hear and dispose of cybercrime cases,
  • Provision of dedicated infrastructure and technical support to these courts,
  • Directions to the Union Ministry of Home Affairs, the Indian Cybercrime Coordination Centre, and Delhi Police cyber units to implement such courts.

The petitioner argued that cybercrime’s unique technical complexity required judicial expertise that traditional courts, burdened with conventional criminal and civil matters, are ill-equipped to deliver. He also cited public frustration and delayed justice as major concerns in the current system. 

Court’s Analysis and Ruling

The Bench questioned the legal foundation for such judicial intervention, observing that:

  • No existing statute explicitly provides for the creation of special courts for cybercrime.
  • Special courts under other statutes (e.g., POCSO Act) are enabled by express legislative mandates; courts cannot create such fora without statutory support. 

Chief Justice Upadhyaya remarked: “How can we issue any mandamus? Wherever special courts are enacted, the concerned statute provides for that. There is no such provision here.” 

Accordingly, the High Court dismissed the PIL but allowed the petitioner to present a detailed representation to relevant authorities for administrative action. 

The Bench stressed that legislative or executive bodies are better suited to consider structural reforms. 

Legal Framework: What Governs Cybercrime?

Cybercrimes in India are primarily prosecuted under:

  • The Information Technology Act, 2000, which contains provisions for digital offenses and intermediary liabilities, and
  • Sections of the Indian Penal Code where cyber acts overlap with traditional criminal definitions.
  • A persistent issue has been the consistent invocation of IT Act provisions by police officials when registering FIRs — something courts have criticized in the past, suggesting an urgent need to streamline procedures and awareness. 

Why the Court Was Reluctant: Separation of Powers

The decision underscores a fundamental constitutional principle: judicial restraint. While courts may interpret law, they typically avoid creating or restructuring judicial institutions — functions generally reserved for the legislature and executive branches.

In this case, the Bench highlighted that creating special courts involves not just judicial action but also policy formulation, infrastructure allocation, legislative amendments, and funding, areas that fall outside direct judicial control. This stance reflects the judiciary’s caution in overstepping into law-making territory without clear statutory direction.

Implications for Cyber Justice Delivery

Short Term

  • Existing courts will continue handling cybercrime cases within the regular criminal justice framework.
  • Delays in adjudication may persist along with judicial backlogs.
  • The petitioner and others can now pursue administrative avenues to propose reforms.

Long Term

  • The verdict may reignite legislative discussions on whether to enact laws that explicitly establish special cybercrime courts.
  • It could also encourage administrative reforms — including capacity building for judges, training for law enforcement, and digital case-management technologies — to handle cyber matters more effectively.

In the broader context, cybercrime’s evolving nature means stakeholders may push for a multi-pronged strategy combining legal reform, policing innovation, and judicial modernization.

Read also: Supreme Court to Examine Plea to Outlaw Female Genital Mutilation in India, Key Step to Gender Justice


Indian Masterminds Stories
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
NHPC New Logo
NHPC Limited Strengthens Leadership with Key Senior Management Transitions Ahead of 2026
nrdc
NRDC Inaugurates Systems Engineering Facility on 72nd Foundation Day to Boost Deep-Tech Commercialisation
Shipping-Corporation-of-India-SCI
SCI Appoints Rear Admiral Jaswinder Singh as Director (BC&T) with Additional Charge
NBCC
NBCC Secures New Orders Worth ₹220.31 Crore, Strengthens Order Book Beyond ₹1 Lakh Crore
Bhupendra Patel
Gujarat to Launch Indian AI Research Organization (IAIRO) in GIFT City Under PPP Model from January 2026
Gujarat global sports hub 2026
Gujarat Aims to Become India’s Premier Global Sports Hub by 2026 with Commonwealth Games and Olympic Vision
Hemant Soren Hands Over Appointment Letters
Jharkhand CM Hemant Soren Hands Over Appointment Letters to 1,900 CGL Qualified Candidates
dhami
Uttarakhand CM Dhami Approves ₹51 Crore Development Projects for AYUSH, Urban Development, and Public Welfare
ADVERTISEMENT
ADVERTISEMENT
Videos
Venu Rajamony
A President, a Teacher, a Father Figure: Venu Rajamony on Working with Pranab Mukherjee
Venu Rajamony
From Newsroom to The Hague: The Many Lives of Diplomat Venu Rajamony
Shakeel Maqbool
When Numbers Guide Governance: The Story of ICAS Officer Shakeel Maqbool
ADVERTISEMENT
UPSC Stories
UPSC Toppers (2021 to 2024)
From Hostels to Headlines: How Persistence Turned Aspirants into India’s Future Leaders (2021-2024)
Not perfection, but persistence—four UPSC Rank 1 toppers reveal how setbacks, silence, and self-belief...
UPSC Toppers 2016 to 2020
Failures, Fear, and Triumph: The Untold Journeys of India’s Youngest UPSC Rank 1 IAS Toppers (2016–2020)
Discover the journeys of UPSC Rank 1 toppers—Durishetty Anudeep, Nandini KR, Kanishka Kataria, Pradeep...
UPSC Rank 1 Toppers 2011 to 2015
Five UPSC Rank 1 Toppers, Five Different Paths: How IAS Officers from 2011–2015 Found Their Way
Discover the journeys of UPSC Rank 1 toppers from 2011 to 2015—Shena Aggarwal, Haritha V Kumar, Gaurav...
Social Media
venomous banded krait
Rare Night Encounter: IFS Officer Spots Highly Venomous Banded Krait During Forest Patrol, Internet Amazed
An IFS officer’s night patrol video of a highly venomous banded krait has gone viral, highlighting India’s...
elephant rescue Karnataka
Heroic Karnataka Elephant Rescue: How a 28-Hour “Impossible Mission” Became a Triumph of Wildlife Care, IFS Parveen Kaswan Shares Video
A trapped elephant was rescued after 28 hours in Karnataka through a massive, expertly coordinated Forest...
IFS leaf-whistling viral video
IFS Officer Shares Video of Tiger Reserve Guide’s Leaf-Whistling Talent, Internet Tries to Guess the Tune
Jaldapara National Park Guide Shows Extraordinary Leaf-Whistling Skills, Goes Viral
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
NHPC New Logo
NHPC Limited Strengthens Leadership with Key Senior Management Transitions Ahead of 2026
nrdc
NRDC Inaugurates Systems Engineering Facility on 72nd Foundation Day to Boost Deep-Tech Commercialisation
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
Venu Rajamony
Venu Rajamony
Shakeel Maqbool
ADVERTISEMENT
ADVERTISEMENT