STRENGTHENING LEGAL FRAMEWORKS TO COMBAT CYBERCRIME: A CRIMINAL JUSTICE PERSPECTIVE ON PAKISTAN’S LEGISLATIVE RESPONSE

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Amina Bari

Abstract

 


The exponential growth of digital technologies has transformed communication, commerce, and governance, but it has also given rise to complex forms of cybercrime that transcend national boundaries. Offenses such as hacking, identity theft, financial fraud, data breaches, cyber terrorism, and online harassment have become increasingly sophisticated, posing serious threats to individual privacy, economic stability, and national security. Pakistan, like many developing nations, faces significant challenges in effectively addressing these crimes due to legislative limitations, weak enforcement mechanisms, and inadequate institutional capacity. This study critically examines Pakistan’s legal and criminal justice response to cybercrime, with a particular focus on the Prevention of Electronic Crimes Act (PECA) 2016. Using a qualitative doctrinal research approach, the study analyzes legislative texts, judicial decisions, and institutional reports to evaluate the scope, interpretation, and implementation of PECA. Comparative insights are drawn from international frameworks, including the Budapest Convention on Cybercrime and the Indian Information Technology Act (2000), to assess Pakistan’s alignment with global best practices. Findings indicate that while PECA 2016 provides a foundational legal structure, it remains limited in addressing emerging threats such as artificial intelligence misuse, crypto currency fraud, and cross-border data crimes. Moreover, enforcement agencies such as the Federal Investigation Agency (FIA) Cybercrime Wing struggle with inadequate training, technical infrastructure, and coordination, while the judiciary lacks specialized expertise in digital forensics. The study concludes that effective cybercrime control in Pakistan requires legislative modernization, institutional strengthening, judicial specialization, and enhanced international cooperation. It recommends targeted policy reforms, capacity-building programs, and public awareness initiatives to promote a safer digital ecosystem. By aligning Pakistan’s cybercrime legislation with global standards, the country can ensure a more resilient, transparent, and accountable criminal justice system in the digital age.


The exponential growth of digital technologies has transformed communication, commerce, and governance, but it has also given rise to complex forms of cybercrime that transcend national boundaries. Offenses such as hacking, identity theft, financial fraud, data breaches, cyber terrorism, and online harassment have become increasingly sophisticated, posing serious threats to individual privacy, economic stability, and national security. Pakistan, like many developing nations, faces significant challenges in effectively addressing these crimes due to legislative limitations, weak enforcement mechanisms, and inadequate institutional capacity. This study critically examines Pakistan’s legal and criminal justice response to cybercrime, with a particular focus on the Prevention of Electronic Crimes Act (PECA) 2016. Using a qualitative doctrinal research approach, the study analyzes legislative texts, judicial decisions, and institutional reports to evaluate the scope, interpretation, and implementation of PECA. Comparative insights are drawn from international frameworks, including the Budapest Convention on Cybercrime and the Indian Information Technology Act (2000), to assess Pakistan’s alignment with global best practices. Findings indicate that while PECA 2016 provides a foundational legal structure, it remains limited in addressing emerging threats such as artificial intelligence misuse, crypto currency fraud, and cross-border data crimes. Moreover, enforcement agencies such as the Federal Investigation Agency (FIA) Cybercrime Wing struggle with inadequate training, technical infrastructure, and coordination, while the judiciary lacks specialized expertise in digital forensics. The study concludes that effective cybercrime control in Pakistan requires legislative modernization, institutional strengthening, judicial specialization, and enhanced international cooperation. It recommends targeted policy reforms, capacity-building programs, and public awareness initiatives to promote a safer digital ecosystem. By aligning Pakistan’s cybercrime legislation with global standards, the country can ensure a more resilient, transparent, and accountable criminal justice system in the digital age.


The exponential growth of digital technologies has transformed communication, commerce, and governance, but it has also given rise to complex forms of cybercrime that transcend national boundaries. Offenses such as hacking, identity theft, financial fraud, data breaches, cyber terrorism, and online harassment have become increasingly sophisticated, posing serious threats to individual privacy, economic stability, and national security. Pakistan, like many developing nations, faces significant challenges in effectively addressing these crimes due to legislative limitations, weak enforcement mechanisms, and inadequate institutional capacity. This study critically examines Pakistan’s legal and criminal justice response to cybercrime, with a particular focus on the Prevention of Electronic Crimes Act (PECA) 2016. Using a qualitative doctrinal research approach, the study analyzes legislative texts, judicial decisions, and institutional reports to evaluate the scope, interpretation, and implementation of PECA. Comparative insights are drawn from international frameworks, including the Budapest Convention on Cybercrime and the Indian Information Technology Act (2000), to assess Pakistan’s alignment with global best practices. Findings indicate that while PECA 2016 provides a foundational legal structure, it remains limited in addressing emerging threats such as artificial intelligence misuse, crypto currency fraud, and cross-border data crimes. Moreover, enforcement agencies such as the Federal Investigation Agency (FIA) Cybercrime Wing struggle with inadequate training, technical infrastructure, and coordination, while the judiciary lacks specialized expertise in digital forensics. The study concludes that effective cybercrime control in Pakistan requires legislative modernization, institutional strengthening, judicial specialization, and enhanced international cooperation. It recommends targeted policy reforms, capacity-building programs, and public awareness initiatives to promote a safer digital ecosystem. By aligning Pakistan’s cybercrime legislation with global standards, the country can ensure a more resilient, transparent, and accountable criminal justice system in the digital age.

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