Computer forensics which is also called cyber forensics or digital forensics is the process of extracting information and data from computers to serve as digital evidence. Computer forensics integrates the fields of computer science and law to investigate crime. For digital evidence to be legally admissible in court, investigators should follow proper Legal procedures when recovering and analyzing data from computer systems. The laws written before the era of computer forensics are often outdated and cannot adequately assess the techniques used in a computer system search. The inability of the law to keep pace with technological advancements may ultimately limit the use of computer forensics evidence in court.
The legal issues relevant to computer forensics are vast, and range from the qualification of experts, the reliability and accuracy of the forensic evidence that is being proffered, to the scope and result of an expert’s testimony. Computer or Digital Forensic Investigation encounters various inconsistencies in its Indian system. The reasons mentioned are Ethical issues, Security issues, Lack of Standardization and Globalization, Evolution of new Technology, Increasing Use of Social Network & Lack of expertise.
Cyber law enforcement and regulation is passing through a bad phase in India. On one hand, India has bad and weak cyber law whereas on the other hand law enforcement is hardly aware about the basics of cyber law and cyber. forensics. India has become a safe heaven for cyber criminals.
The latest statistics show that cybercrime is actually on the rise. However, it is true that in India, cybercrime is not reported too much about. The fact is that people in our countries do not report cybercrimes for many reasons. Many do not want to face harassment by the police. There is also the fear of bad publicity in the media, which could hurt their reputation and standing in society. Also, it becomes extremely difficult to convince the police to register any cybercrime, because of lack of orientation and awareness about
cybercrimes and their registration and handling by the police.
As per the report of National Crime Records Bureau and survey conducted in 2005, a total 179 cases were registered under IT Act 2000, of which about 88 cases were related to Obscene Publications/Transmission in electronic form, normally known as cyber pornography in which 125 persons were arrested for committing such offences during 2005. There were 74 cases of Hacking of computer systems during the year wherein 41 persons were arrested. Out of the total 74 Hacking cases, those relating to Loss/Damage of computer resource/utility under Sec 66(1) of the IT Act were 33 cases whereas the cases related to Hacking under Section 66(2) of IT Act.
Moreover with the increase in the cybercrimes like hacking etc., the need of cyber forensics have felt , thus various tools and techniques have been developed for tracing the crime, making the exact report in order to make it admissible in the court of law. Existing legislations need to be updated regularly to cater for the emerging changes in new technology and ones enacted to address this gap as well as training judicial and law enforcement personnel who are charged with adjudicating cases in which digital evidence is involved. Our law enforcement agency needs to be more aware about the basics of Cyber Crime and they need to be oriented about the Cyber Laws in India. The judges also need to be aware about the cybercrimes as well as the conviction need to be faster.
