Young Women and Digital Privacy: A Socio-Legal Study of Technology-Driven Violations and Challenges in Proving Electronic Evidence

Young women have increasingly turned towards the use of digital technologies for purposes like communication, education, employment, and socialisation; however, their growing reliance on these technologies has led to newer and increasing threats to their privacy in cyberspace. Cases of crimes, including deepfakes, cyberstalking, impersonation, voyeurism, non-consensual image dissemination, and exploitation of personal information, have seen a sharp rise among young women in the age group of 18 to 35 years and beyond. The research utilises the socio-legal and forensic method that will combine the use of digital surveys, interviews, and doctrinal research of the Information Technology Act, 2000, along with updated Indian criminal laws, Bharatiya Nyaya Sanhita, 2023 (BNS); Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS); and Bharatiya Sakshya Adhiniyam, 2023 (BSA). The findings of a primary survey conducted among 100 respondents indicate that 45.9% suffered from violations of their digital privacy, but 48.7% of those surveyed did not report such violations to any relevant authority. Technical challenges in investigation include issues such as the loss of metadata, disappearing messages, encryption, and faulty evidence collection, thus making the evidence inadmissible or unreliable. Organisational obstacles include a lack of sufficient capacity within the cyber-police force and an insufficiently developed forensic capacity. This study underscores the critical need for gender-sensitive mechanisms, as well as better digital forensics, and suggests draft model guidelines for a framework for reform.