Digital Evidences in Investigation of Cyber Offences in India: An Analytical Study​​

Dr. Shiv Raman and Nidhi Sharma
Assistant Professor, Amity Law School Amity University Haryana, India.

Volume IV, Issue I, 2021

In the present Digital World, new technologies and new inventions are taking place and many more technological developments are under process. The Computer based technology is used for enhancing the modern life everywhere including education, commercial sectors and Govt. organizations etc. It ensures the efficiency and productivity. On the other side ‘the excessive dependence’ over the technology is the root cause of the Cyber Criminal for committing unlawful and unethical activities with the use of computer and Internet. The Collection and compilation of Digital evidence from the computer and IT based devices is the most challenging job for all investigating agencies in India. The investigation and collection of evidences from computer requires expertise, special knowledge and skill, which is lacking in most technical-personnel’s of our country. 

Nowadays India has developed as favorite nucleus for the Cyber Criminals, especially hackers and other malevolent users, which use the Internet as a tool for Cyber crimes. The rising trend of Cyber crimes includes Cyber-spamming, hacking, Cyber stacking including theft, phishing etc. Now the time has come for the Indian Police to overhaul and reform investigating methodology for a successful prosecution of Cyber cases in India. Indian traditional system of policing and criminal investigation, is still conducting in old ways of extracting, gathering information and obtaining confession by beating. The Police force is still untrained of modern methods of criminal investigation, which needs special skill for managing and operating highly sophisticated technologies.

Keywords: Forensic, Digital, Investigation, E- evidence etc.