This document discusses the definition, purpose, procedures, and challenges of investigating cyber crimes. It defines investigation under the Code of Criminal Procedure and outlines the key purposes of investigation as ascertaining facts, identifying criminals, arresting suspects, securing evidence, and presenting evidence in court. The procedures of investigation, including filing an FIR, collecting evidence, and filing a charge sheet are also described. Finally, the document notes challenges such as jurisdiction issues and lack of skilled investigators for cyber crimes.

1. By A.S. Jaybhaye
B.A.,LL.M.,NET

2. Definition of Investigation
 Section 2(h): Cr.p.c.
“Investigation includes all the proceedings under this
Code for the collection of evidence conducted by a
police officer or by any person who is authorised by a
Magistrate in this behalf.”

3. Purpose of investigation
To ascertain and record the facts concerning the
commission of crime.
To identify criminal and his accomplices if any.
To arrest the criminals in cognizable offences.
To secure, preserve and evaluate the evidence
To put evidence in a court in a legal manner.

4. Procedure of investigation
 To lodge F.I.R. in cognizable cases.
 Duty of IO to prepare case diary.
 Duty to inspect crime scene properly.
 Search and seizure
 Need to seize CPU.
 In a counterfeiting case – computer, scanner and
colour printer.
 Hard disk, CD, DVD, modem etc.
 Hard copy print outs, hand written notes.

5. Procedure of investigation
 Interrogation of suspect persons.
 Arrest of suspect persons and bail, remand if any.
 Taking opinion from forensic expert.
 Collection of evidence.
 Filing the charge sheet before the court.
 Power of Police Inspector to investigate in cyber crime.
 Procedure given under Cr.p.c. has to be followed for
investigating a cyber crime.
 Need for a dedicated team of professionals.

6. Admissibility of e-records in courts
 Sec 65-B of evidence Act.
 E-records/ digital evidence is admissible in courts.
 Concept of primary and secondary evidence.
 Primary evidence – section 62 Evidence Act.
 secondary evidence- section 63 Evidence Act.
 Requirement of certificate in case secondary evidence
is produced before the court.
 Refer Anwar v. P.K. Basheer case.

7. Challenges involved
 Issues of jurisdiction of Internet.
 Difficult to determine where crime has been
committed- technical challenges.
 Difficulty in investigating in another countries due to
different laws, procedure.
 Lack of skilled, specialised investigators in cyber
crimes.
 Traditional method of investigation is different than
investigation of cyber crimes.

8. Precautions before investigation:
a. Do not disconnect the power supply to the computer.
b. Do not touch the keyboard as far as possible.
c. Do not disconnect the telephone.
d. Videotape the crime scene, condition of site on your
arrival and the conditions of equipments you see.
e. Photograph the equipment with its serial number.
f. Label all the evidence you see.

9. Role of computer forensic expert:
 He should be actively involved right from the stage of
search and seizure.
 He should advice IO regarding presentation of digital
evidence in a court.
 He should analyse and preserve digital evidence
properly.

10. Lacunas under IT Act
 Following offences have not been included under IT
Act:
Cyber defamation.
Cyber stalking.
Violation of domain name issues.
Violation of IP rights online.
Cyber security and data protection.
Jurisdiction issues not covered.