2025, Vol. 7, Issue 4, Part C

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The rapid evolution of technology has transformed the landscape of global warfare, introducing cyberspace as a new domain of conflict where states and non-state actors engage in strategic digital operations. This paper critically examines India’s preparedness to address modern cyber warfare within its existing legal and institutional frameworks. While international efforts such as the Tallinn Manual and UN Group of Governmental Experts (GGE) reports have attempted to contextualize cyber operations under international law, the absence of binding conventions leaves states vulnerable to unregulated hostilities in cyberspace.

In India, the Information Technology Act, 2000 remains the principal legislation governing cyber activities; however, it was originally crafted for e-commerce and cybercrime, not for state-sponsored cyber operations or hybrid warfare. Through case studies including the Mumbai power grid attack (2020) and the AIIMS ransomware incident (2022), this paper highlights the inadequacies of India’s cyber defence mechanisms and institutional coordination. Judicial interventions, particularly in Shreya Singhal v. Union of India and K.S. Puttaswamy v. Union of India, have strengthened digital rights and privacy, but a strategic lacuna persists in national cyber defence law and policy.

The paper concludes by recommending the enactment of a comprehensive Cybersecurity and Cyber Defence Law, formulation of a National Cyber Defence Doctrine, and enhanced international cooperation. These steps are essential to secure India’s sovereignty and resilience in the age of cyber warfare.