Cyber crimes investigation is a new concept that is developing world over. India is also working in this regard but police officials in India, public prosecutors and judges are not very comfortable while dealing with cyber law related cases. Even the cyber crimes police stations in India are
not in good shape.
Judges, lawyers and police officers urgently need
cyber law and cyber forensics training in India. However, that is a time consuming exercise and till police, lawyers and judges are trained, we need qualitative research and training material in this regard. One such area that requires training material and a manual is cyber crime investigation mechanism.
Perry4Law Techno Legal Base (PTLB) and
Perry4Law are in the process of writing the first and exclusive techno legal
cyber crime investigation manual of India. The manual is in the final phase of preparation and it may be available to governmental departments and general public after few months.
The proposed manual would briefly cover areas like cyber law, cyber crimes,
e-discovery, cyber forensics, incidence response,
authorship attribution, anonymity, traceability, privacy issues,
cloud computing, etc.
It would also cover national and international best practices in this regard. The manual aims to bring a uniform and scientific approach in investigating cyber crimes and brining cyber criminals before courts of India and those engaging in cyber contraventions before competent authorities and tribunals.
The manual would prescribe standard procedures for pre-investigation, evidence collection, evidence handing, evidence preservation and evidence presentation before courts of India, competent authorities and tribunals like cyber appellate tribunal (
CAT). Even the CAT and other adjudicatory officers of India can use the manual for effective disposal of cyber contraventions adjudicated by them.
The manual provides clear guidance to investigating officers on the procedures to be followed at crime scenes where cyber crimes have been committed. Till now law enforcement machinery of India has no ready made reference guide that they can follow in this regard.
The manual can be effectively used not only by police officers, public prosecutors, judges etc but also by corporate executives. The
cyber due diligence requirements under the present cyber law of India has become very onerous. Corporates, companies and multi national companies are required to follow many due diligence requirements under the present cyber law of India (information technology act 2000) and other laws. The manual would help them in proper due diligence observation.
Further, even banks in India are now required to follow cyber due diligence in India after the directions of Reserve Bank of India. To ensure proper
cyber security of banking transactions and to comply with the information technology act, 2000 (IT Act 2000), all banks now would have to create a position of
chief information officers (CTOs) as well as
steering committees on information security at the board level at the earliest.
Banks operating in India can effective use the manual of Perry4Law and PTLB to meet the techno legal requirements of due diligence, cyber security and prevention of cyber crimes committed against banking institutions. The manual is also useful for conducting
e-discovery for due diligence by banks in India.
If you need a copy of the cyber crime investigation manual, you can
contact Perry4Law and PTLB and put your request in this regard.
Cyber crimes have increased significantly in India. This is partly due to the growing use of information technology in India and partly due to lack of cyber skills among our law enforcement agencies. Even today, police officers in India find it really difficult to understand and apply the cyber law of India.
