CRITICAL INFRASTRUCTURE PROTECTION AND CYBER LAW: A DEFENCE-ORIENTED COMPARATIVE ANALYSIS OF INDIA AND JAPAN

AUTHOR – ADV. VANSHIKA SAINI* & DR. JYOTI YADAV**

* STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** PROFESSOR OF LAW AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – ADV. VANSHIKA SAINI & DR. JYOTI YADAV, CRITICAL INFRASTRUCTURE PROTECTION AND CYBER LAW: A DEFENCE-ORIENTED COMPARATIVE ANALYSIS OF INDIA AND JAPAN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 718-730, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I470

ABSTRACT

The Research paper takes a critical comparative analysis of cyber law framework which involve the protection of critical infrastructure of two technologically advanced democracies: India and Japan. At the time when state sponsored cyberattacks emerged the national threats to national security, the need of critical infrastructure protection has assumed paramount significance. India’s framework for the cyber related crimes which is Information Technology Act, 2000 merely deals with commercial transactions rather than national security imperatives. In contrast, Japan has developed a defence oriented cybersecurity ecosystem deals under Basic Act on Cybersecurity, 2014 and supported by robust institutional coordination mechanisms.

This paper involve a doctrinal and comparative legal methodology, this involves primary sources including legislative texts, judicial decisions, and policy documents, with companion by secondary sources like International regulatory bodies. The main research problem is whether India’s Cyber law framework is adequate to protect contemporary defence threats. The hypothesis advances is that India’s current Cyber law frameworks suffers enforcement gaps, definitional vagueness, and failure in institutional coordination that represent it insufficient when standardised against  Japan’s More integrated and defence oriented Cyber security model.

The core insights indicate that India lacks critical infrastructure protection statute for the dimension of defence security of cyberspace with requisite clarity. Whereas, Japan’s framework is more dedicated legislation, and proactive threat sharing mechanisms. The Paper concludes with recommendations for legislative reforms, restructuring of framework and cyber related policy innovations to enable India to strengthen up cyber law infrastructure with respect to the national security and digital ambitions.

Keywords: Cyber Law, Critical Infrastructure Protection, National Security, India, Japan, Information Technology Act 2000, NCIIPC, Basic Act on Cybersecurity, Comparative law, Defence Infrastructure.