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India's Jan Vishwas Bill 2025: Cybersecurity Risks in Decriminalization Reform

Imagen generada por IA para: Ley Jan Vishwas 2025 de India: Riesgos de ciberseguridad en reforma de descriminalización

India's progressive Jan Vishwas Bill 2025 represents a significant shift in regulatory philosophy, moving from punitive enforcement to trust-based governance. Currently under review by a Lok Sabha select committee, the legislation proposes to decriminalize 183 minor offenses across 42 laws, including several provisions from the Information Technology Act.

Cybersecurity Implications
The bill's most concerning aspect for digital security professionals is the reclassification of certain cyber offenses from criminal to civil violations. This includes:

  • Section 66F (identity theft under Rs 5 lakh value)
  • Section 72A (minor data breaches by intermediaries)
  • Section 79 (non-willful platform non-compliance)

While these changes aim to reduce litigation burdens, they create a 'risk calculus' scenario where bad actors may consider civil penalties an acceptable cost of doing business. "We're essentially creating a financial threshold for cybercrime," warns Mumbai-based cybersecurity analyst Priya Desai. "Sophisticated actors will simply factor these fines into their operational budgets."

Business Impact
The corporate sector has largely welcomed the compliance simplification, particularly for:

  • Reduced liability for minor data processing errors
  • Faster resolution of technical compliance disputes
  • Lower legal costs for cybersecurity incident reporting

However, multinationals with EU operations note potential conflicts with GDPR's stringent requirements, possibly creating compliance gaps for Indian subsidiaries.

Technical Considerations
The bill introduces a new 'trust score' system for digital businesses, which raises concerns about:

  1. Vulnerability to manipulation through fake compliance documentation
  2. Lack of technical verification mechanisms
  3. Potential for 'score washing' attacks similar to credit rating fraud

Recommendations
Cybersecurity professionals suggest these safeguards:

  • Maintain criminal penalties for repeat offenders
  • Implement blockchain-based compliance verification
  • Establish clear technical thresholds for 'minor' vs 'major' breaches

As India positions itself as a global digital leader, finding the balance between business-friendly regulation and robust cybersecurity remains a critical challenge.

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