No Legal Mandate for Cybercrime Special Courts, Says Delhi High Court
The Delhi High Court on Wednesday dismissed a public interest litigation (PIL) seeking the creation of exclusive special courts to handle cybercrime cases. The petition had also asked for proper infrastructure and technical support for such courts.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela said that no existing law requires the government to set up special courts specifically for cybercrimes. The judges noted that special courts are created only when a statute expressly provides for them—such as the SC/ST Act or the POCSO Act. Since no similar provision exists for cyber offences, the Court said it could not issue such directions.
Although the PIL was dismissed, the Court allowed the petitioner to approach the appropriate authorities with a representation. The Bench instructed that any such representation, if made, should be considered and decided promptly.
The petition highlighted the rising cases of financial fraud, data theft, cyberstalking, and online harassment, stating that these crimes pose serious risks to privacy, national security, and economic stability. It argued that delays in deciding cybercrime cases reduce public confidence in the justice system and encourage offenders.
The PIL sought directions to the Union Home Ministry, the Indian Cybercrime Coordination Centre, and the Delhi Police Cyber Crime Wing to establish dedicated courts for faster and more efficient prosecution of cyber offenders. The petition was filed by advocate Vijay Bhaskar Verma and drafted by advocates Manish Kumar and Neha Srivastava.
