Cyber forensics and e-discovery are two crucial areas that have gained tremendous importance in the modern day technology crimes investigations. It is difficult to imagine a cyber crime investigation without the use of e-discovery and cyber forensics.
Surprisingly, despite the importance of cyber forensics, the Indian approach towards the same has been of apathy. The same has been adequately covered by the cyber forensics trends and developments in India 2013 by Perry4Law and Perry4Law’s Techno Legal Base (PTLB). The cyber forensic investigation solutions in India need to be developed to better utilise cyber forensics methods.
Cyber forensics has been increasingly used for ascertaining the guilt or innocence of accused persons. Cyber forensics investigation covers various fields like cloud computing, network forensics, mobile forensics, memory forensics, audio forensics, video forensics, media forensics, etc.
Cyber forensics is also applied to areas like Internet Protocol (IP) address tracking, e-mail sender tracking, hidden Internet and deep web analysis, etc. However, an IP Address should not be sole criteria to arrest and punish an accused.
We have no cyber forensics best practices in India and cyber forensics is conducted in a casual manner. Recently the forensics analysis of Nokia’s computer was undertaken but till now it is not clear what its outcome was. Similarly, lack of use of cyber forensics best practices in IPL Match Fixing Case may jeoparadise it. Even the Central Bureau of Investigation (CBI) committed a Cyber Forensics Blunder in Aarushi murder case. Now the Enforcement Directorate (EC) is seized with investigation of violations of Indian laws by Bitcoins websites operating in India. The Enforcement Directorate must use e-discovery and cyber forensics methods to detect possible legal violations by Bitcoin websites.
These problems are further aggravated doe to absence of proper and systematic cyber crime investigations in India. So severe is the situation public interest litigation has been filed at the Supreme Court of India to direct the Indian government to ensure regulations and guidelines for effective investigation of cyber crimes in India.
Digital evidence and scientific approach is still missing from Indian legal and judicial system though some progress in the directions of computerisation of courts and use of video conferencing facilities has taken place. We still have to cover a long gap before we can ensure e-courts in India and use of e-discovery and cyber forensics for legal and judicial purposes. The sooner we take initiatives in these directions the better it would be for the larger interest of India.