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Consent, an intricate and multifaceted concept, holds a paramount position in the realm of criminal jurisprudence. The pervasive nature of digital technology across communication, commerce, and social interaction has necessitated a re-evaluation and redefinition of the established legal standards for consent in criminal jurisprudence. While consent has historically been a valid defense for physical crimes, its relevance is questionable in the context of newer, non-physical crimes like phishing, identity theft, deep fake pornography, and AI fraud, where the notion of consent is much more ambiguous. This study analyzes how Indian laws, specifically the Indian Penal Code (IPC), Information Technology Act (IT Act), Consumer Protection Act and Digital Personal Data Protection Act, define and implement the concept of “consent”. The research examines the varying interpretations and applications of consent across these different statutes to understand its legal meaning and use. The paper analyzes data privacy regulations in the EU, US, and UK before proposing a standardized legal definition of “digital consent.” Adopting this definition would bolster India’s data privacy protections, aid in cybercrime prosecutions, and ensure its laws are consistent with international norms and author posits that this change could strengthen data privacy, streamline cybercrime prosecutions, and better harmonize India’s laws with global standards.
Keywords:
Consent
Cite Article:
"Statutory Interpretation of “concent” in non physical crimes", International Journal for Research Trends and Innovation (www.ijrti.org), ISSN:2456-3315, Vol.10, Issue 10, page no.b376-b386, October-2025, Available :http://www.ijrti.org/papers/IJRTI2510147.pdf
Downloads:
000205496
ISSN:
2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator