1. INVESTIGATION IN CYBER CRIMES
Prof Rajesh G Patil
Associate Professor
Dr P.D College of Law
Amravati
2. Introduction
• Investigation means and includes all proceedings for the
collection of evidence
• The evidence is to be collected by police officer or any other
person authorised by magistrate in this behalf
• It generally starts with the filing of FIR and generally
concludes with filing Charge-sheets
• It varies in case of cognizable and non cognizable offences as
Cr P C lays down different provisions for it
3. Various Steps in Investigation
Investigation has the following steps to be followed
1. Proceeding to the spot
2. Ascertainment of the facts and circumstances of case
3. Discovery and arrest of arrested person
4. Collection of evidence which may consist of
-the examination of various persons and recording
their statements
-The search of the place and seizure of the things
-taking necessary steps for filing chargesheet
4. Investigation in cybercrimes
• Investigation in cyber crimes is much complex as the crimes
are committed with use of computer technology
• It involves collecting evidence available in the computer and
computer machines
• It is complex to collect the evidence using cyber forensics
used for that purpose
• The IO needs to be master of law and technology while
collecting evidence so it becomes a reliable evidence
5. Legal Provisions as to Investigation
• Code of Criminal Procedure lays down the procedure to be
followed in investigation of a criminal case by Police officer
• It act 2000 provides some additional rules in relation to
investigation of cyber crimes and related offences
• A combination of these two will form the investigation
process in collecting digital evidence
• So basically a PO has to follow all the procedures under
Cr.P.C. with special changes as suggested by IT Act 2000
6. Additional Provisions under IT ACT
• Section 77 B-Offences with three years punishment
to be bailable and cognizble
• Section 78- Power to investigate offences
• Section 80- Power of police officer to search
• Section 81- Act to have overriding effects
12. Special Provisions of IT ACT
• Makes offences with punishment for more than
three years cognizable .depending upon it
investigation procedure should followed
• Allows only the police officer of rank of Inspector to
make the investigation
• Allows search and arrest without warrant even in
the non cognizable cases
13. Special Provisions of IT ACT
• Allows any officer authorized by govt. to make
search seizure and arrest
• The section 80 has overriding effect over provisions
of Code Of Criminal Procedure in matters of search
seizure and arrest
• Section 81 says every provision of the Act shall have
overriding effect
