The matter of Cyber Crime Against Women resurfaced before the Delhi High Court when a PIL urged the judiciary to direct the Union Government and investigative bodies to create exclusive special courts for cybercrime disputes.
The Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, however, made it clear that no statute presently obligates the establishment of dedicated cybercrime courts and therefore judicial intervention through mandamus is impermissible.
No Statutory Mandate for Separate Cyber Courts
While hearing the petition, the Bench questioned the very foundation of the plea by pointing out that special courts in India come into existence only when a specific enactment commands their creation, such as under the SC ST Act or the POCSO Act.
The Court noted that no existing law contains a mandate for exclusive courts dedicated to Cyber Crime Against Women or other cyber offences.
The Bench remarked that without legislative backing, the jurisdiction of the Court does not extend to directing the constitution of new judicial fora.
PIL Dismissed but Representation Allowed
Although the Court refused to entertain the petition for lack of statutory footing, it left a narrow window open for the petitioner.
The Bench permitted the petitioner to submit a detailed representation before the competent authorities so that the request for specialised cyber benches may be examined administratively.
The Court observed that authorities must consider and decide such representation expeditiously.
Petitioner’s Grounds Highlight Rising Threats
The PIL had argued that the steep rise in cyber offences including financial scams, data compromise, cyberstalking and online harassment, particularly impacting women, has stretched law enforcement capabilities.
According to the petitioner, delays in adjudicating such matters dilute deterrence and erode public confidence in the justice system.
The petitioner urged that exclusive cyber courts equipped with proper technical infrastructure could accelerate the handling of digital offences and strengthen prosecution efforts across jurisdictions.
Relief Sought in the PIL
The petition sought directions to the following authorities:
- Union Ministry of Home Affairs
- Indian Cybercrime Coordination Centre
- Delhi Police Cyber Crime Unit
The relief prayed for is the establishment of exclusive special courts to try matters concerning cyber offences, including Cyber Crimes Against Women.
Court Highlights Legislative Role in Creating Special Courts
The Delhi High Court ultimately reiterated that only Parliament or the State Legislature can mandate the formation of special courts.
In the absence of such legislation, the judiciary cannot compel such a move. The controversy around the need for specialised judicial forums to tackle Cyber Crime Against Women remains open for executive evaluation, subject to the petitioner’s representation.
Party Details
Petitioner:
- Advocate Vijay Bhaskar Verma
- Drafted by Advocates Manish Kumar and Neha Srivastava
Respondents:
- Union of India
- Indian Cybercrime Coordination Centre
- Delhi Police Cyber Crime Unit
Bench Details
- Chief Justice Devendra Kumar Upadhyaya
- Justice Tushar Rao Gedela
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