CYBER CRIME INVESTIGATION - THE NEED OF THE HOUR (PART I)

Submitted by tushar on Sat, 05/26/2007 - 15:55

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India is on threshold of a technology gyration. So far as the India is concern, judicial system and law enforcement authorities are the mainstay of the cyber laws. In order to meet the challenges that has been put up infront of the country, the State is fully strung-out on the external technical expertise.

In order to embrace the challenges of cyber contraventions, we need unwavering Judicial system along with the extrimly well equipped law enforcement authorities. I am working closely with Mr. Sandip Gadiya, with the law enforcement authorities currently. A stringent coaching of cyber laws is required for all the members of the Bar and the Bench. This will help India as Nation to curb the cyber contraventions/crimes happening in India. This is parlous need of an hour. But the fact is that, cyber law as on today is in nascent state and hence not much Judges and Lawyers are aware of it. Therefore an unwavering training in respect of cyber laws and cyber crimes to both the lawyers and the judges is
in precarious need.

Considering the growth of cyber laws, significant, substantial amount of time along with necessary software, hardware tools plus sizeable amount of money for the law enforcement authorities is a parlous need of an hour. Also certain necessary amount money for their valuable contributions by the private expertise towards the law enforcement authorities is also utmost need in order to strengthen the private partnerships which ultimately will curb the cyber crimes in India.

Also here I would like to mention here is that the government or the private partners of the law enforcement authorities who are working in tune of the law enforcement authorities shall understand the difference between “Computerisation” and “Cyber Crime Investigation”. The need of hour is law enforcement authorities are in need of digital evidence collection software’s’, hardware tools like “EnCase”, one copy at least per cyber crime cell or per such special police stations, along with the computer hardware/computer machine is required at this juncture. Setting up huge cyber labs by giving/donating the meagre computers may not suffice the need of investigation of cyber crime and also it may not help the law enforcement authorities. No doubt to run the software, one requires the computers i.e. the computer machines which are equally important, but the fact is along with the computers the law enforcement authorities do require digital evidence gathering software, hardware tools for cyber forensics in order to curb the cyber crimes and put the contraveners behind the bars.

The existent IT Act 2000 has certain major loopholes and lacunas generally referred and termed as “GERY AREAS”. Till now these GREY AREAS have been overlooked/excused/ignored because the IT Act 2000 was a new born baby. But now the fact is the baby is almost 7 years old and hence the “GREY AREAS” referred above cannot be ignored henceforth. It is very well understood that as the time passes the IT Act 2000 will also grow and turn mature through its interpretation and implementation also the new problems that will be faced during its implementation or interpretation.

Since we have only sole Act which is trying to fulfil the requirements of curbing the cyber crimes one must anticipate the future threats, I am fully aware that no one can anticipate the future in Toto but one must take extra pains to anticipate the future threats and the current need is that India must amend the Act as early as possible keeping the future threats in mind. As amending the IT act frequently may not be feasible for us.

Also it is equally important that one has to give extra forethought about the existing Information Technology Act, because the nature of cyber space is changing with a lightning speed. Unfortunately even though there are certain lacunas in the IT Act 2000, the amendments that are proposed would have strengthened the Act by overcoming the existed lacunas in the same but instead proposed amendments have diluted the criminal provisos in the said act.

In short whatever may be the case today we are missing the BUS due to existence of GREY AREAS in the IT Act or as the case may be tomorrow due dilution of criminal proviso in the same IT Act.

Tushar Kale
Advocate, High Court
Consultant Cyber Laws, IPR
advtusharkale@yahoo.com