Legal perspective of cyber forensics in India always comes across multiples of case laws, statutes, and constitutional provisions on cyber crimes and cyber forensic procedures, all concisely known as cyber law need to detect such cyber crimes which happen almost daily on the social electronic media, and which impact the computer devices and computer networks as well as the people, organization and institution in our society using such devices and computer network, all concisely known as cyberspace. Today many measures are adopted which are called Cyber Forensic techniques to distinguish, detect, collect and analyze electronic evidence.
India is facing a number of issues from various kinds of cyber crimes for example, fraud schemes, confidential information scams, data mining and cyber obscenity etc. As a reaction to the increasing cyber crime and cyber terrorism in particular, the field of cyber forensics has arise. “Cyber Forensics In India: A Legal Perspective” is a study of the laws dealing with cyber crimes in India at today. These laws have their foundation in the precepts of the statute i.e. Information Technology Act, 2000 constituted by the legislature, and the procedures and practices developed by many government agencies such as National Cyber Security Coordinator (MCSC), Research and Analysis Wing (RAW), Computer Emergency Response Team (CERT-In) etc, having the responsibility of succeeding the cyber forensic investigation procedures, electronic intelligence meeting operations, counter surveillance operations, and of administering the cyber laws. It is also a study of the government policies with respect to cyber crimes and the steps taken by many authorities to implement those policies to hostile cyber crimes. Cyber crimes are punishable under many statutes besides IT Act, 2000. For example under Sections 22,
23, 33, 44, 96, 97, 268, 378, 425 of Indian Penal Code, 1860. As well as, Cyber crimes are punishable under National Investigation Agency Act, 2008, and also punishable under Section 15 of Unlawful Activities (Prevention) Amendment Act, 2008 etc. Various law enforcement agencies work in collaboration and coordination with each other to stop cyber crimes and to execute the Information Technology Act. What the Police, Cyber Crime Cells, Intelligence Bureau, study and Analysis Wing, and National Technical Research Organization etc do is linked to the Courts through the constituent of the gathered electronic evidence based cyber forensics. The important of the study is to understand such form in society in which there are strong cyber laws, and there is safeguard to the online rights of the individuals in order to give strength to the Rule of Law and a meaning and importance to the idea of Justice. The backbone of the investigation study is the Information Technology Act, 2000 along with other useful legal enactments and judicial decision governing the cyber forensic issues. Information Technology Act, 2000 is one of the most important statutes in India to resolve cyber crime having a bearing on cyber forensic problems and issues. Obviously to everybody understanding it has its basis in the Constitution and therefore show the idea which the people of India have with respect to their life, liberty, equality, privacy, religion and property in dealing to each other and in relation to the State. Online hate speeches, state sponsored guidance of individuals, violations of right to privacy and freedom of speech, etc need to be restraint but any improper method adopted to control cyber crime would not only be violative of the principles of the Constitution but would shake up the very basis of the system of justice
The study explains the concept of cyber forensics investigations, research and examinations and underlined the basic characteristics of the analysis in India. The Research is important to the professionals who have the responsibility of dealing with cyber crime cases in the courts and other organizations and institutions.
The study talk about the cyber forensics, social cyber media and cyber crimes and also endeavors to talk about the governance aspects such as guidelines and framework of cyber forensics. An empirical study of the danger of cyber terrorism presents the possible threats brought about by cyber terrorism. The study also discuss the importance of the jurisdictional facet of cyber forensics to make the cyber forensic evidence allowed by analyzing the United States, European, Australian and Indian approaches to cross-border cyber crime cases to be dealt under the territorial jurisdiction of the country.
The study says that over the years social electronic media websites have become an important instrument in democratic process by increasing transparency in the conduct, access to information, and for providing active citizen participation in building democratic Societies. But at the same time cybercrimes have raised on the social networking sites, the role of Cyber Forensics is to identify, detect and adduce evidence in the cases of fraud, malpractice, and cyber crimes on social networking sites.
In the study, certain suggestions have been incorporated such as there is a requirement for consistent, coherent definition of social media and also to bring in data protection laws in relation to social media. Besides, the social networking site should be brought within the umbrella of Indian legislations and there server installation in India is needed.
- Criminal Code Act 1995
- Criminal Code Amendment (Suppression of Terrorist Bombings) Act 2002
- Cybercrime Act 2001
- Coleman, keivin “cyber terrorism”
- Cybercrime Legislation Amendment Bill 2011
Author: FARHEEN ARSHAD, BA-LL.B, GLOACL LAW SCHOOL
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