AUTHOR –SANIKA BHOITE
PES MODERN LAW COLLEGE
To the Point (Precise and Clear Discussion)
Crime is the basic element which is a threat to human society. When a criminal commits a crime, he leaves behind evidence at the crime spot.
“Courts must be technologically equipped and procedurally modernized to deal with the evidentiary value of electronic records in criminal trials.”
– Lecture at Indian Law Institute, 2020
In criminal investigation, from judges to forensic experts, all factors decide the direction of the case. With changing times, crime does not remain dependent on physical factors or criminal history; it now includes the use of technology. Today’s article is about cyber forensics and crime scene investigation.
Evidence is one important factor in crime investigation. The word ‘evidence’ has a specific meaning. In the context of electronic evidence, not all data is likely to be evidence. Only specific sections of the data that support or deny a hypothesis will be considered evidence. Electronic evidence can be direct or indirect. Direct evidence indicates data that describes actions related to the crime, such as log files showing user logins or sent emails, while indirect evidence implies activity through its effects.
A major mistake that a lot of people make is believing that all data copied from a computer, phone, or other device is evidence. It’s not necessarily true. Evidence is just what supports or denies some hypothesis that we’re testing. Only certain parts or certain pieces of that data will eventually be evidence that we submit to court or wherever it is required.
In crime investigation, the forensic report plays an important role, just like traditional investigation methods. Many of us believe that cybercrime happens only online, but that is not the full picture. It also involves offline elements. A significant portion of cybercrime involves offline elements. Just like physical crime scenes (e.g., a house), computers and digital devices can also be treated as crime scenes containing digital fingerprints. Investigators must have both technical knowledge and traditional police investigation skills. Knowing how to conduct interviews, interrogate suspects, and analyze witness statements is just as important as knowing how to examine hard drives and trace IP addresses.
Cybercrime investigations often start with a victim report or a witness complaint, such as someone claiming their bank account was hacked. From that point, digital evidence is gathered using both forensic tools and traditional investigative procedures. Most of the investigative techniques used in cyber forensics are actually adapted from traditional investigations — the only difference is the technical nature of the evidence.
With the global nature of internet access, cybercrimes often span multiple countries. Criminals involved in online fraud may steal credit card data, usernames, or passwords, and rather than using them directly (which could leave a trace), they often sell this information on illegal platforms for profit. This means that cyber forensics frequently involves international cooperation with banks, law enforcement, and cybersecurity agencies across borders.
The cloud forensic branch of forensics basically focuses on collection, preservation, and analysis of digital evidences. It faces challenges including jurisdiction issues, multi-tenant environments, and limited access to backend infrastructure.
Internet of Things (IoT) Forensics involves the investigation of data collected or transmitted by smart devices connected to the internet, such as smartwatches, security cameras, smart TVs, fitness trackers, and home assistants like Alexa. These devices collect huge volumes of personal data and have limited security.
Artificial Intelligence (AI) and Machine Learning (ML) in cyber forensics are used to automate, predict, and detect cyber threats, such as identifying unusual user behavior or data access patterns and detecting similarities between known attack methods and current activity.
The traditional and cyber investigations are the same in foundation but use different tools. In this, forensic investigators use techniques like interview and interrogation. In technical tools, it includes log analysis, email tracing, etc. But both investigations connect evidence to suspect using a systematic approach.
Use of Legal Jargon (wherever applicable)
In landmark case Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473, the Supreme Court held that Section 65B certificate is mandatory for the admissibility of electronic records.
In State of Punjab v. Amritsar Beverages Ltd. (2006) 7 SCC 296, the Court held that electronic evidence has the same status as any other documentary evidence when properly verified.
The Proof (relevant facts, references, or authorities)
India is witnessing a surge in cases related to phishing, online banking fraud, ransomware attacks, cyberstalking, and data breaches. As per the National Crime Records Bureau (NCRB) 2023, cybercrime cases have shown a 24% annual increase. The Information Technology Act, 2000 and the Indian Penal Code (IPC) together provide the statutory backbone for punishing cyber offenses. The Indian Evidence Act, 1872, especially Section 65B, provides the procedural legitimacy for digital records to be accepted as secondary evidence in court. Furthermore, reports from the Law Commission of India and MeitY (Ministry of Electronics and Information Technology) emphasize the need for capacity building in digital forensics at both central and state levels.
Abstract (a short summary)
The evolution of technology has significantly reshaped criminal investigation, giving rise to a new frontier in law enforcement — cyber forensics. In the digital age, crime scenes are no longer limited to physical spaces but extend into virtual realms, from smartphones to cloud databases. Cyber forensics plays a crucial role in preserving, extracting, analyzing, and presenting digital evidence that can stand scrutiny in the court of law. This article explores the growing relevance of cyber forensics in modern crime scene investigation, the legal framework supporting it in India, challenges faced in admissibility of digital evidence, and judicial perspectives that have reinforced its credibility.
Conclusion
As crimes evolve in the digital era, so must the tools of justice. Cyber forensics is no longer an auxiliary field but a core element of criminal investigation and legal procedure. However, the challenge lies in standardizing forensic practices, ensuring proper chain of custody, training law enforcement, and updating procedural laws to accommodate technological complexities. Courts have begun to appreciate the significance of digital evidence, but disparities remain in its admissibility and interpretation, especially in lower courts. There is a pressing need to develop pan-India cyber forensic labs, integrate AI-assisted investigation tools, and strengthen interagency coordination.
FAQS
What is cyber forensics in simple terms?
Cyber forensics is the science of collecting, preserving, and analyzing digital data (like files, emails, logs) to be used as evidence in legal investigations.
Is digital evidence admissible in Indian courts?
Yes, under Section 65B of the Indian Evidence Act, provided it fulfills certain procedural requirements including certification of authenticity.
Can deleted data be recovered and used as evidence?
Yes, forensic experts use tools like data carving, bitstream imaging, and hash verification to recover deleted or hidden files for investigation.
Which law in India governs cybercrimes?
The Information Technology Act, 2000 is the primary law governing cybercrimes in India, supported by provisions in the IPC for specific offenses.
What are common tools used in cyber forensic analysis?
Tools like FTK (Forensic Toolkit), EnCase, Autopsy, Wireshark, and X-Ways Forensics are commonly used by investigators.
How can one become a cyber forensic expert in India?
A degree in forensic science, computer science, or cybersecurity, along with specialized certification (like CHFI or CEH), is essential. Several government and private institutions offer such training.
