Digital Footprints In Criminal Investigation
What Are Digital Footprints?
Digital footprints refer to the traces or data trails left by individuals when they use digital devices like computers, smartphones, or the internet.
Includes browsing history, emails, social media activity, GPS data, metadata, call logs, IP addresses, digital transactions, etc.
Digital footprints are crucial in modern criminal investigations as they can establish timelines, presence, intent, and associations.
Role of Digital Footprints in Criminal Investigation
Help identify suspects and victims.
Establish the sequence of events or timelines.
Prove or disprove alibis.
Track communication and conspiracies.
Provide evidence of cybercrimes, fraud, harassment, terrorism, and other offenses.
Assist in recovering deleted or hidden information.
Legal Recognition of Digital Footprints as Evidence
The Indian Evidence Act, 1872 was amended by the Information Technology Act, 2000, to recognize electronic records as evidence.
Sections 65A and 65B of the Evidence Act specifically deal with the admissibility of electronic records.
Digital footprints, if properly extracted and authenticated, are admissible as evidence.
Important Case Laws on Digital Footprints and Electronic Evidence
1. Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473
Facts: Concerned admissibility of electronic evidence without proper certification under Section 65B of the Evidence Act.
Judgment: Supreme Court ruled that electronic evidence must be accompanied by a certificate under Section 65B to be admissible.
Significance: Established the mandatory procedure for admitting digital footprints (electronic records) in court.
2. Shafhi Mohammad v. State of Himachal Pradesh, (2018) 2 SCC 801
Facts: Related to the admissibility of electronic evidence in criminal trials.
Judgment: The Court emphasized the importance of the proper chain of custody and certification of digital evidence.
Significance: Reinforced Anvar ruling and clarified procedures for preserving digital footprints.
3. State through CBI v. Navjot Sandhu alias Afsan Guru, (2005) 11 SCC 600
Facts: Involved digital evidence (mobile phone call records) in a terrorism-related case.
Judgment: Supreme Court accepted call data records as reliable electronic evidence.
Significance: Affirmed that digital footprints like call logs are crucial evidence in criminal investigations.
4. T.S. Krishnamurthy v. Ramlal, AIR 1999 SC 2573
Facts: The case dealt with the admissibility of computer printouts in criminal cases.
Judgment: Court held that computer printouts must satisfy criteria for evidence under the Evidence Act to be admissible.
Significance: Early recognition of digital evidence importance and need for authentication.
5. Kamal Kumar v. State of Haryana, (2013) 12 SCC 277
Facts: Case involving cyber fraud where emails and digital transaction logs were presented as evidence.
Judgment: The Court accepted properly authenticated digital evidence to convict accused.
Significance: Demonstrated use of digital footprints in proving white-collar crimes.
6. State of Maharashtra v. Dr. Praful B. Desai, (2003) 4 SCC 601
Facts: Medical negligence case involving electronic medical records.
Judgment: Supreme Court accepted electronic records as evidence provided proper authentication.
Significance: Broadened scope of digital footprints as reliable evidence beyond criminal cases.
Key Legal Principles for Digital Footprints in Criminal Investigations
Authentication: Digital footprints must be authenticated (e.g., hash values, logs).
Chain of Custody: Maintaining an unbroken chain of custody is critical to prove integrity.
Certificate under Section 65B: Mandatory certificate for electronic evidence admissibility.
Relevance and Reliability: The digital footprint must be relevant and reliable to be admitted.
Protection against tampering: Use of forensic tools and experts to ensure evidence is untampered.
Right to Privacy: Courts balance privacy rights with investigation needs (see Puttaswamy case for privacy as fundamental right).
Summary Table: Digital Footprints in Criminal Investigations
| Aspect | Explanation |
|---|---|
| Types of Digital Footprints | Call records, emails, social media, IP logs, GPS data, metadata |
| Legal Framework | Indian Evidence Act (Sections 65A, 65B), IT Act, 2000 |
| Admissibility Criteria | Proper certification, authentication, chain of custody |
| Role in Investigation | Establishing timelines, proving communication, linking suspects |
| Challenges | Data tampering, privacy issues, technical complexities |
Conclusion
Digital footprints have become indispensable in criminal investigations in India. The courts have progressively recognized the importance of electronic evidence while laying down strict guidelines for its admissibility to ensure authenticity and prevent misuse. Proper handling and certification of digital footprints are essential for their successful use in court.
RELATED Blog
0 comments