Bafna Law Associates

What are cybercrimes?

Cybercrime investigation is an ambit in Indian law generalized as telephone fraud or scam. On the contrary, cybercrime and its impact can be enormous. With the growing influence of the digital economy, it becomes inevitable that we learn and become aware of cyber crimes and how they can be resolved in
the perimeter of Indian Law and what security measures to take.

Courtesy, Source : RBI

Points to remember before filing the cyber-crime case

● Gather ample evidence admissible in a court of laFulfilill the court’s financial, territorial, and subject matter jurisdiction criteria.
● Determine jurisdiction – case may be filed where the offence is committed or where the effect of the offence is felt ( S. 177 to 179, CrPc)
● The criminal prosecution pyramid Conviction /acquittal Trial Contents of charge Issue of the process –summons, warrant
● Examine the witnesses
● Examine the complainant on oath Initiation of criminal proceedings-cognizance of offences by magistrates.

 ● Collect all evidence available & save snapshots of evidence
● Seek a cyber-law expert‟s immediate assistance for advice on preparing for prosecution
● Prepare a background history of facts chronologically as per facts
● Pen down names and addresses of suspected accused.
● Form a draft of complaint and remedies a victim seeks
● Cyber-law experts & police could assist in gathering further evidence, ex .g., tracing the IP in case of emails, search & seizure, or arrest as appropriate to the situation
● A cyber forensic study of the hardware/equipment/ network services related to cyber-crime is generally essential

Preparation for prosecution

Government Initiatives for curbing cyber crime

● The CBI Cyber Crime Investigation Cell (CCIC), notified in September 1999, started functioning on 3 March 2000.It is located in New Delhi, Mumbai, Chennai, and Bangalore.
● It is located in New Delhi, Mumbai, Chennai, and Bangalore.
● Jurisdiction of the cell is all over India.
● Any incident of cyber-crime can be reported to a police station, irrespective of whether it maintains a separate cell or not.

  1. Section 156 Cr. P.C: Power to investigate cognizable offenses.
  2. Section 155 Cr.P.C.: Power to investigate non-cognizable crimes.
  3. Section 91 Cr.P.C.: Summon to produce documents.
  4. Section 160 Cr.P.C.: Summon to require the attendance of witnesses.
  5. Section 165 Cr.P.C.: Search by a police officer.
  6. Section 93 Cr. P.C: General provision as to search warrants.
  7. Section 47 Cr.P.C. Search to arrest the accused.
  8. Section 78 of IT Act, 2000: Power to investigate offenses-not below the rank
    of Inspector.
  9. Section 80 of IT Act, 2000: Power of police officers to enter any public place
    and search & arrest

Power of Police to Investigate

Computer Forensics and Cyber Forensics Computer forensics is considered to be the use of analytical and investigative techniques to identify, collect, examine, preserve and present evidence or information which is magnetically stored or encoded better definition for law enforcement would be the scientific method of studying and analysing data from computer storage media so that the data can be used as evidence in court. Media = computers, mobile phones, PDA, digital camera, etc.

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