03/09/2022 - S & T

KEY POINTS

·        There has been a steady spike in cases of cybercrime in the last five years. According to the National Crime Records Bureau (NCRB), from 12,317 cases of cybercrime in 2016, there were 50,035 cases registered in 2020.

·        The broad ‘guidelines for the identification, collection, acquisition, and preservation of digital evidence’ are given in the Indian Standard IS/ISO/IEC 27037: 2012, issued by the Bureau of Indian Standards (BIS).

·        The guidelines, if followed meticulously, may ensure that electronic evidence is neither tampered with nor subject to spoliation during investigation.

·        Allahabad High Court observed that the Indian Computer Emergency Response Team (CERT-IN) expert was not provided with the details of the Internet logs, router logs and laptop logs to prove whether the Internet was physically operated on the fateful night.

·        Further, the Information Technology (IT) Act, 2000 insists that offences registered under the Act should be investigated by a police officer not below the rank of an inspector.

·        Most cybercrimes are trans-national in nature with extra-territorial jurisdiction. The collection of evidence from foreign territories is not only a difficult but also a tardy process.

·        Therefore, ‘data localisation’ must feature in the proposed Personal Data Protection law so that enforcement agencies are able to get timely access to the data of suspected Indian citizens.

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