THE RISE OF DIGITAL OFFENCES: RETHINKING THE NATURE OF CRIMINAL LAW

Abstract

The digital revolution has disrupted the principles of criminal law established over the centuries. The commission and prosecution of digital offences under traditional criminal laws has become increasingly difficult; the borderless nature of the internet further undermines territorial sovereignty principles, creating significant jurisdictional conflicts and enforcement challenges worldwide. The crimes of the physical world have migrated to the digital world and have mutated into giving rise to new kinds of offences known as cybercrimes or digital offences, ranging from as simple as unauthorised access to as sophisticated as ransomware attacks. This chapter, through the doctrinal research, examines the rise of digital offences and their implications. It analyses how digitalisation challenges fundamental criminal law concepts, explores jurisdictional complexities arising from cyberspace's borderless nature, examines legislative responses across multiple jurisdictions, and considers evidentiary challenges unique to digital prosecutions. The analysis demonstrates that addressing digital criminality requires not merely incremental adjustments to existing legal frameworks but a fundamental reconceptualisation of how criminal law operates in virtual environments.