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The outpouring of cyber crime cases in the India has opened a new edge of challenges for law enforcement agencies. The growth of Information Technology has put real people beyond the physical boundaries in entirety. It is true to say that every coin has two sides. The new digital global village, which has came into existence with a lighting speed, is with endless benefits as well as downsides.
Law enforcement agencies are these days gearing up at the lighting speed to cope up with the new technology in order to beat the cyber crimes. Here I would like to share some of my experiences. Recently I got an opportunity to visit one of the cyber labs. All the staffs that were tech savvy were of the age below 30 years of age. In real sense the people out there showed me the power of the computer and after that I am of the strong belief that nothing is impossible with the help of Computers and the new age technology.
In one word if I would have to describe what they have shown to me then in that case I would simply utter only one word “MAGIC”. The magical tricks they have shown with the help of Computers are simply mind blowing.
But the legal system is facing little awkward situation to address the new kinds of crimes that are came into existence as the evidence in digital format is extremely volatile and producing the same before the Hon’ble Court of law is a grave difficulty for law enforcement agencies.
These days’ law enforcement authorities are in full swing in coping with the new technologies to curb cyber criminals and I am glad to mention that more and more cyber criminals are falling pray to the traps set out by the law enforcement authorities. Hats of to the law enforcement authorities of India.
Also law enforcement agencies are flooded with the registering the damaging cases of cyber crimes. Approximately 10 cyber crime complaints in a day is ratio in most of the cyber crime cells who are working day in and day out to curb the cyber crimes. These days they have extremely proper means and know – how to tackle the cyber crime cases.
But the real problem is different, which actually extends to the fact that in spite of the enormous efforts that are been put up by the law enforcement authorities in collecting the evidence which is extremely fragile, the massive efforts made by the law enforcement authorities needs to be legally made acceptable by the judiciary. For example if the US law enforcement authorities uses the software named as “EnCase” to collect the evidence that exists in the digital form then the US judiciary presumes that such digital evidence collected is true and correct. On similar lines in India also, to the best of my knowledge, information and belief, CDAC has also developed the tool for collecting the evidence which is the digital form and through which the digital evidence can easily be presented in the Hon’ble Court of Law. Unlike in US in India some presumption needs to given to such digital evidence collection tools in order to curb the rate of cyber crime. Also in my opinion such efforts granting presumption to such digital collection tools will act as an encouragement for prominent, leading institutes like CDAC to develop such tools, which in turn will help to reduce the rate of cyber crime.
Tusharcons®
Tushar Kale
Advocates, High Court
Consultants Cyber Laws, IPR