Cyber crimes investigation is a tedious task that requires both technical and legal knowledge. Further, since cyberspace is boundary less, a single instance may invoke the laws of different countries. This creates a situation of conflict of laws in cyberspace that makes the cyber crime investigation exercise cumbersome and complicated.
Take the example of cracking of e-mail account of Amrita Rai. Although Delhi Police got the IP address logs of Amrita Rai’s G-Mail account from Google yet the cyber crimes investigation problem of police will continue due to conflict of laws in cyberspace. Similarly, the Home Ministry of India intends to take legal action against person posting misleading news at Facebook regarding Rajnath Singh’s son. However, this task would not be easy and the efforts in this regard may even not be successful as well at the end of the investigation.
The importance of cyber crimes investigation training in India cannot be undermined in these circumstances. However, there is a policy paralysis in this regard. Whether it is modernisation of police force of India or formulation of regulations and guidelines for effective investigation of cyber crimes in India, Indian government has to cover a long road. Indian government has yet to formulate a cyber crimes prevention strategy of India.
Similarly, India has also to initiate policy and legal initiatives in the fields of e-discovery, digital evidence, cyber forensics, cyber security, etc. India is also following outdated laws like cyber law and telegraph law and is not investing effectively in the field of intelligence agencies and law enforcement technology for India. In the absence of scientific approach towards digital evidence and cyber crime investigation, there are very few cyber crimes convictions in India.
On the other hand, cyber crimes have significantly increased in India. The trends in this regard are not very promising. For instance, the cyber law (PDF), cyber security (PDF) and cyber forensics (PDF) trends in the year 2013 have showed poor performance of Indian government in these fields. This position has not changed in 2014 as well. For instance, the cyber forensics trends of India 2014 still show inability of India to deal with cyber forensics related issues.
We at Perry4Law Organisation and Perry4Law’s Techno Legal Base (PTLB) believe that cyber crimes investigation requires sound techno legal expertise. Skills development through online training and skills development courses in urgently required for Indian law enforcement agencies. Cyber crimes investigation training in India is one such skills development activity that must be imparted to make law enforcement agencies of India modern and upto date. Other stakeholders must also have basic level cyber law and cyber security awareness so that cyber crimes can be minimised in India.