Saturday, November 9, 2019

Cyber ​​crime investigation and its process


Summary -:
As we know that internet usage is increasing among common Indians, about 40 percent of Indians use internet through mobile and computer in India, out of which 30 percent of Indians are involved in cyber crimes, in cyber crimes primarily denial of service attacks, data Diddling, hacking, email hacking, to hake social media account, in addition to other serious nature of Crime It is like molesting women through the internet, sending obscene messages by creating fake accounts, sending ob season material or picture , child pornography, cyber terrorism etc. These types of crimes are increasing daily in the country, and Even after the FIR is written by the victim, the investigator does not know about the investigation process, There for culprits are saved, they are not punished by the judicial authority . There for  cyber-investigation process is describing  well being  in this article for knowing   how to conduct cyber crime  investigation .
cyber crime investigation


Cyber ​​crime investigation process  
Honorable Supreme has given verdict in case of  H.N. rush-bad versus  the State of Delhi court case against the word found that due to lack of knowledge of the correct procedure for the investigation of cyber crimes, the criminal O fender  has been saved , Honorable Supreme Court in its order issued a detailed guideline regarding investigation of  of cyber crimes. 
1- After receiving information about cyber crimes, the investigating officer will have to comply with the provisions given under Section 80 of the I-T Act and Criminal Procedure Code. In addition to the Act, Section 65 B and the other section of this act  Have to be followed carefully .
Apart from this, for the  electronic proof  The guide line was also given by the Honorable Supreme Court on this particular case.
As far as cyber crimes are concerned, it is necessary to have the following three components for proper investigation .
1-Cyber ​​Crime Investigation and Construction Association
2 - Cyber crime Research Association
3-Cyber ​​Forensic Unit
4-network magnetic center
 Only the Deputy Police Officer or above officer can investigate cyber crimes who are aware of the relationship between cyber law and computers apart from this station officer of the kotwali  who have knowledge of the cyber crime can do the investigation after getting the permission of the superintendent of police.
Investigation officer can take police forces with them for getting  information about the occurrence of cyber crimes,
If any cyber crime is reported in a police station, then the officer in charge of the police station will inform superintendent of police.
Thereafter superintendent of police. can either conduct the investigation himself or appoints some other investigative officer who goes to the crime scene to secure electronic evidence, and sends him to a cyber forensic lab for forensic investigation, after which the offender Arrest can be released on bail bond depending on the nature of the crime, keeping electronic evidence safe and presenting it in court,the The investigation officer must fallow the guide line   which is described in 65 B ,sec 80,Sec 88,regarding the electronic evidence and how to secure electronic evidence and present before the court ,
cwww .mit .gov .in
air 1955 supreme   court 196
www .mha .nic .in
By
Pradeep Tiwari Advocate
District Court Katni
Madhya Pradesh