Posted by: Editor LNAV | March 19, 2009

COMPUTER FORENSICS IN INDIA

Cyber forensics or computer forensics in India is a much needed expertise.  However, there is a lack of awareness as well as expertise in this regard. Its involvement in the day to day activities of citizens of India and others is going to increase. The Information and Communication Technology (ICT) is becoming an important part of personal as well as business activities of Indian citizens. This has mandated an increased use of cyber forensics for resolving both civil and criminal issues in India. While cyber forensics is the commonly used technique for solving cyber crimes yet its use cannot be confined to cyber crimes only. Of late its use has been proposed to be extended to safeguard the
”Revenue Interests” of India. Recently, a proposal has been given to use cyber forensics for investigating tax evasion by the accused. The proposal originally would cover the states of Mumbai and Delhi. Although the news sources are claiming that cyber forensics capabilities are in place to solve revenue related cyber forensics matters, yet we have not come across any such initiative in Delhi till the time of this article (19-03-09).

 

The fact remains that India does not have the cyber forensics capabilities and manpower to tackle the growing ICT related crimes and contraventions. This is the truth despite the claims made by the Government of India, Department of Information Technology (DIT), Centre for Development of Advanced Computing (CDAC), etc. The proposals mooted by the GOI and CDAC for using cyber forensics for resolving revenue related cases are simply beyond the capacity of India. Even the basic cyber law of India is deficient and weak and needs rejuvenation. The Information technology Act, 2000 (IT Act, 2000) is the cyber law of India that has been proposed to further weakened by the recent Information Technology (Amendment) Bill, 2008. Even in its present form, the law enforcement in India finds it really difficult to tackle issues of cyber crimes and contraventions. It is difficult to digest that they would be able to solve cases on such a large scale. However, the idea of using cyber forensics is praise worthy provided necessary expertise is acquired for the same. Let us hope that the new government would pay some attention to the crucial issue of legal enablement of ICT systems in India.

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