Beyond Borders: A Functionalist Comparative Analysis of Cybercrime Legislation in Pakistan, India, UK, and USA
Keywords:
Beyond Borders cybercrimes, Cybercrimes, Comparative Legal Framework, Harmonized Cybercrime PolicyAbstract
The study aims to understand how the core legislative text governing cybercrimes in Pakistan, India, United Kingdom and United States, address cybercrimes, investigative, trial and appellate jurisdictions, and international and national cooperation mechanisms. adopting a functionalist comparative research methodology, study found that Pakistani and Indian law cover broad range of offences as compare to UK and US laws. In addition, fine, imprisonment and combination of both, are common punishments as prescribed in all jurisdiction; however, Indian and Pakistani laws also provide offences that are punishable with fine only. In all jurisdictions, cybercrime cases are adjudicated in conventional court system with an exception to India which also established an appellate tribunal.The possibility of public private- partnership to combat cybercrimes is lacking in Pakistan but evident in India UK and USA. However, only Pakistani law explicitly provide provisions in context of international cooperation to handle cybercrimes.
The study concludes that Pakistani law is broader in scope but suffers from institutional weaknesses; Indian law is balanced and the laws of UK and USA are mature but decentralized. It is expected that the present study will be helpful in understanding cybercrimes and will offer insight for policy makers to improve the existing legal framework of Pakistan.
