Cybercrime Investigation Framework Under Bnss
Cybercrime Investigation Framework Under BNSS (or Broad Cybercrime Framework)
Overview of Cybercrime Investigation
Cybercrime investigation involves probing offences committed via digital platforms such as computers, mobile phones, the internet, and networks. These crimes range from hacking, identity theft, cyberstalking, online fraud, data theft, to dissemination of offensive content.
Legal Framework
Information Technology Act, 2000 (IT Act): Primary legislation dealing with cyber offences, electronic governance, and cybercrime investigation.
Indian Penal Code (IPC): Sections relevant to cyber offences, such as cheating, defamation, obscenity, criminal intimidation.
Criminal Procedure Code (CrPC): Governs investigation procedures.
Rules & Guidelines: Such as the Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009.
Key Components of Cybercrime Investigation Framework
Jurisdiction and Reporting: Complaints may be filed with Cyber Crime Cells or local police.
Evidence Collection: Digital evidence preservation, data extraction from devices.
Chain of Custody: Maintaining integrity of digital evidence.
Expert Examination: Using forensic experts to analyze electronic evidence.
Search and Seizure: Following legal procedures under IT Act and CrPC.
Arrest and Interrogation: Subject to procedural safeguards.
Trial and Adjudication: In special cybercrime courts or regular criminal courts.
Important Case Laws on Cybercrime Investigation
1. Shreya Singhal v. Union of India (2015) 5 SCC 1
Facts: The validity of Section 66A of the IT Act, which criminalized sending offensive messages online, was challenged.
Judgment: The Supreme Court struck down Section 66A as unconstitutional for being vague and infringing on free speech.
Significance: This case defined the limits of investigation powers and reinforced protection of fundamental rights during cybercrime probes.
2. State of Tamil Nadu v. Suhas Katti (2004)
Facts: One of the earliest cases involving defamation via email under Section 66 of the IT Act.
Judgment: The court held that sending offensive messages through communication service is punishable.
Significance: Affirmed application of IT Act provisions in investigation and prosecution of online defamation.
3. Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473
Facts: Challenged the admissibility of electronic evidence in criminal trial.
Judgment: Supreme Court laid down strict guidelines for electronic evidence admissibility — must be proved beyond reasonable doubt with proper certification under Section 65B of the Evidence Act.
Significance: Strengthened evidentiary standards, affecting cybercrime investigations.
4. K.S. Puttaswamy (Retd.) v. Union of India (2017) 10 SCC 1 (Right to Privacy Case)
Facts: Dealt with privacy concerns relating to state surveillance and data protection.
Judgment: The Supreme Court recognized privacy as a fundamental right, affecting the scope and limitations of cybercrime investigations.
Significance: Imposed constitutional checks on interception and data access by law enforcement.
5. M. Shreya v. Commissioner of Police (2013)
Facts: The Court dealt with cyberstalking and online harassment.
Judgment: Directed police to take cybercrime complaints seriously and conduct prompt investigations.
Significance: Enhanced accountability and procedural efficiency in cybercrime investigations.
6. T.S. Nair v. Union of India (2019)
Facts: Concerning data breach and hacking into government websites.
Judgment: Emphasized the role of Cyber Crime Cells and Interpol coordination for transnational cybercrime.
Significance: Highlighted need for robust investigation mechanisms and international cooperation.
Summary: Key Principles of Cybercrime Investigation
Due Process: Investigations must comply with procedural laws and constitutional rights.
Digital Evidence Handling: Strict chain of custody and adherence to IT Act Section 65B certification.
Privacy Protection: Investigations must balance law enforcement needs and fundamental rights.
Expertise Requirement: Forensic expertise is essential for credible cybercrime probes.
Jurisdictional Challenges: Cybercrime often involves cross-border elements requiring coordination.
Prompt and Fair Investigation: Courts insist on timely investigation to protect victims and accused.
RELATED Blog
0 comments