Envisioning the Impact of the Digital India Act 2023

Ajay Bhargava, Partner, Khaitan & Co LLP, India

The Information and Technology Act, 2000 (’IT Act”), was enacted and brought into force at the dawn of the internet, during the pre-digital India era. This was a time when internet was a luxury and had not seen the sophistication and dependence that it enjoys today. Through the years, internet has grown exponentially and has empowered humans. However, like any other advancements, modernisation of internet has also had its share of challenges and consequences. The IT Act was not well suited to deal with all aspects of the modern-day digit world, which has necessitated enactment of additional legislation to tackle the challenges and consequences faced. In March 2023, the Ministry of Electronics and Information Technology proposed the Digital India Act 2023 (’DI Act”) with the objective to address the tenets of digital India. The proposed Act also seeks to establish a specialised and dedicated adjudicatory mechanism for online civil and criminal offences. An important aspect of the DI Act is to provide a mechanism to address future challenges that may arise along the way. By way of the present article, we seek to assess the impact of the DI Act on the nation and its citizens.

Ajay Bhargava is a Partner in the Dispute Resolution Group in Khaitan & Co. He specializes in Civil, Criminal & Corporate Litigation with 25 years of experience. Ajay’s fora of practice includes Supreme Court, High Courts, Arbitration (International and Domestic), Quasi Judicial Tribunals (National Company Law Tribunal (NCLT), National Company Law Appellate Tribunal (NCLAT) and National Green Tribunal etc.). He advises on Constitutional matters, Civil & Criminal matters, IPR laws, Employment Laws and on corporate – commercial disputes. He also advises on matters before the Police Investigation Wings relating to corporate criminal investigations and quasi criminal prosecutions (white collar crimes). Ajay is often consulted on M&A transactions to provide tactical and advisory support. He advises on preventive measures in commercial contracts.

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