THE MISSING CASE OF CYBER FORENSICS

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THE MISSING CASE OF CYBER FORENSICS

Only last month the country saw the onset of the three criminal laws, all set to revolutionise criminal justice. It is touted as Indian laws for the Indian population. First of July can thus be heralded as the watershed moment in the history of criminal justice of this country. The Englishmen’s baggage has finally been dropped off our backs. Additionally, technology based investigation has been given the pride of place, with forensics becoming the core kernel of investigation. If we go by the media reports and maybe the budget allocations the change seems to be visible and palpable.

Do we have the wherewithal to do that? Has our physical and human resource capabilities been mapped? What has been the gap analysis in this regard, to deliver the new criminal justice, at least in a workable shape, if not better. Creation of capabilities to enforce a law should also be part of the statute. Otherwise, laws will keep hanging in mid-air, in what can at best be called a quasi-legal criminal justice system. Today’s headlines, *Bombay High Court to Maharashtra: Where are you cyber warriors?,*lifts off the veil of lip service to justice.

What the governments need to deliver has come up as a case before the High Court. Forensic Laboratory in Kalina has not been able to deliver a cyber forensic report based on a requisition dated October 6, 2023 to date. The Director of the Forensic Science Laboratories, representing the state, admitted that the delay was due to a significant lack of manpower. Now Maharashtra government has been asked to give a detailed response on steps taken to resolve staffing uses. What about the original case? It is destined to remain hanging for the lack of a cyber forensic report.

As per the petitioners the issue involved confidential data of the company and digital signatures of its owners, which was illegally transferred by an ex-employee. Anyone can understand the urgency involved in this case, yet the digital forensic department had not handed over the report for months together. In the digital age in a state like Maharashtra there were around 8778 cases pending as of May 2024. The delay is exacerbated by severe manpower shortage in the cyber forensic division. The petitioners had sought the transfer of the case from the Bandra Police Station to another agency because of the slow pace of investigation. Under the new laws, the forensic / cyber forensic load is bound to increase considerably. What do you deliver with the same infra but for delay?

THE SYSTEM ITSELF HAS BECOME A BOTTLENECK IN THE DELIVERY OF CRIMINAL JUSTICE.
Sanjay Sahay

Have a nice evening.

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