CYBERCRIME EVIDENCE AND ROLE OF INVESTIGATING AGENCIES: DIGITAL EVIDENCE AN APT FRONT FOR INTRODUCTION AND DEVELOPMENT OF COMPUTER FORENSIC SCIENCE IN INDIA.

Computer Forensics- Law

In India, understanding of the term of ‘Cyber crime’ is restricted to certain kinds of the crime such as tampering with computer source code, hacking and cyber pornography. Despite a specific legislation in the form of Information Technology Act, 2000 provisions of the Criminal Procedure Code are followed in the process of investigation of the cyber crimes as any cognizable case falling within the jurisdiction of the investigating officer. The Investigating officer has the powers to initiate and proceed with the investigation without any judicial order to the same effect. The Information Technology Act, however, does not contain any specific provisions to define or classify the offences and the punishment-either cognizable or non cognizable or bail able or non bail able except for the indicators and provisions under Section 65 to 74 of the Act. But the opinion of the expert for authentication of the evidence is given equal importance and has recently been in vogue. Thus paving way for the development of forensics more specifically computer forensic science, which is a streamlined branch of the general forensic science, in India. This paper is an attempt to analyse the ground for development of computer forensic science in India and it can aid the investigating agencies to deal with the menace of cyber crimes in a more detailed and efficient manner as a prevalence in the developed countries.

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.