Digital Forensics in the Indian Criminal System

The legal field is developing day by day under the influence of digital technologies and devices in the contemporary world. The digital data are used for investigation in order to bring justice. As a result, in the criminal justice system, the digital forensics has played a crucial role. It allows for examination and protection of digital evidence. However, the increasing cybercrimes has brought number of issues and loopholes in the current legal system due to that there is a need of stringent legal framework for digital forensics in India.

| Digital Forensics in the Indian Criminal System |

The legal framework for digital forensics were based upon statutes which deals with admissibility and reliability of digital evidence. With the new types of cyber-crimes, the area of digital forensics has to support with criminal justice system accordingly. The statutes like Information Technology Act, 2000, further, the new amendment of criminal laws has introduced the cyber-crimes and its procedural aspects. Even in the Bhartiya Sakshya Adhiniyam, 2023 has given a new approach for the admissibility of digital evidence.

High Profile Cases in Digital Forensics

The "Mumbai Terror Attacks Case" is another landmark case where investigation reports and digital forensics helped convict Ajmal Kasab, the sole survivor of the 2008 attack. The digital forensic team found call detail records, emails, and movement data linking the attackers to Pakistani handlers. Communication devices prove terrorism, murder, and conspiracy in the investigation. Digital evidence demonstrates that there is direct participation in criminal acts and multiple organizational networks, making digital forensics essential in fighting terrorism.

The Nirbhaya Gang Rape Case required digital forensics to validate trial evidence. The gang rape and murder of a young woman in New Delhi has garnered national and international attention. Forensic experts found that the accused's mobile phone, CCTV, and calls confirmed his presence at the crime scene. In this case, digital forensics was used in atrocious crimes and advanced forensic technologies complicated complex criminal investigations.

Challenges to Digital Forensics in India

Digital forensics is increasingly utilized as an investigative tool in contemporary criminal prosecutions and cases. In India, the implementation of digital forensics inside the legal system faces numerous challenges. These problems encompass practical and impartial obstacles to the effectiveness and neutrality of the criminal justice system in the processing and analysis of digital evidence.

• Technological Obstacles

Technological advances and digital evidence characteristics are technical challenges. Because strong encryption standards make data practically unavailable, digital investigations are complicated by encryption. The consistency of rapidly changing data is another important technological factor.

• Legal and Procedural Challenges

The legal and procedural framework is intricately linked to the admissibility and credibility of digital evidence in India. The regulatory statutes, including the IT Act of 2000 and the Bharatiya Sakshya Adhiniyam of 2023. A significant issue is adherence to the stipulations outlined in “Section 63” of the “Bharatiya Sakshya Adhiniyam, 2023,” which mandates the provision of certificates for the acceptability of electronic documents.

Furthermore, India's current legal frameworks are inadequate for addressing in the digital realm. The commission of cybercrimes primarily involves offenders, victims, and evidence from multiple nations, creating challenges in the collecting and presentation of evidence within the established procedural regulations.

• Ethical Issues

The ethical issue in digital forensics is related to police and privacy, where privacy rights may be compromised in the pursuit of effective crime prevention. An investigator officer who is examining digital evidence may encounter to personal information which can be irrelevant to the crime, and this resulted as violation of privacy rights under Article 21 of the Indian Constitution.

Conclusion and Suggestions

Digital forensics has become an essential component of criminal investigations across India, due to the increase of cyber-crimes in India. But the existing legal framework still has loopholes to administer justice through digital forensics. Therefore, the admissibility and reliability of digital evidence in courts, which face challenges and need strong legal enforcement under Section 63, inconsistent processing of evidence, and lack of forensic uniformity. In conclusion, digital forensics is an essential instrument for contemporary Indian investigators. Thus, there must be uniform guidelines for forensic procedures, judicial awareness and implementing measures to strengthen the role of digital forensics in the Indian Criminal Justice System.

Vanshika Kapoor is an Assistant Professor of Law at ICFAI, Raipur, specializing in Digital and Technology Laws. She is deeply interested in research, SET qualified in Chhattisgarh, and currently pursuing a PhD from Amity University, Gurgaon.