Top 5 Cyber Forensics Case Studies in India

Cyber forensic or computer forensic is important to find out of the cybercriminal. It plays a major
role nowadays. As compare with normal forensics we cannot find any blood splatters, cloths, hairs,
etc in cyber forensic cases. In cyber forensics we need to examine the computer or related things
and identify the evidence from it. So, I am taking you to the 5 cyber forensic case studies.

Case no:1 Hosting Obscene Profiles (Tamil Nadu)

Here I am starting with a case which happened in Tamil Nadu. The case is about the hosting obscene
profiles. This case has solved by the investigation team in Tamil Nadu. The complainant was a girl
and the suspect was her college mate. In this case the suspect will create some fake profile of the
complainant and put in some dating website. He did this as a revenge for not accepting his marriage
proposal. So this is the background of the case.

Investigation Process

Let’s get into the investigation process. As per the complaint of the girls the investigators started
investigation and analyze the webpage where her profile and details. And they log in to that fake
profile by determining its credentials, and they find out from where these profiles were created by
using access log. They identified 2 IP addresses, and also identified the ISP. From that ISP detail they
determine that those details are uploaded from a café. So the investigators went to that café and
from the register and determine suspect name. Then he got arrested and examining his SIM the
investigators found number of the complainant.

Conclusion

The suspect was convicted of the crime, and he sentenced to two years of imprisonment as well as
fine.

Case no:2 Illegal money transfer (Maharashtra)

The second case is about an illegal money transfer. This case is happened in Maharashtra. The
accused in this case is a person who is worked in a BPO. He is handling the business of a
multinational bank. So, he had used some confidential information of the banks customers and
transferred huge sum of money from the accounts.

Investigation Process
Let’s see the investigation process of the case. As per the complaint received from the frim they
analysed and studied the systems of the firm to determine the source of data theft. During the
investigation the system server logs of BPO were collected, and they find that the illegal transfer
were made by tracing the IP address to the internet service provider and it is ultimately through
cyber café and they also found that they made illegal transfer by using swift codes. Almost has been
The registers made in cyber café assisted in identifying the accused in the case. Almost 17 accused
were arrested.

Conclusion

Trail for this case is not completed, its pending trial in the court.

Case no:3 Creating Fake Profile (Andhra Pradesh)

The next case is of creating fake profile. This case is happened in Andhra Pradesh. The complainant
received obscene email from unknown email IDs. The suspect also noticed that obscene profiles and
pictures are posted in matrimonial sites.

Investigation Process

The investigators collect the original email of the suspect and determine its IP address. From the IP
address he could confirm the internet service provider, and its leads the investigating officer to the
accused house. Then they search the accused house and seized a desktop computer and a handicam.
By analysing and examining the desktop computer and handicam they find the obscene email and
they find an identical copy of the uploaded photos from the handicam. The accused was the
divorced husband of the suspect.

Conclusion

Based on the evidence collected from the handicam and desktop computer charge sheet has been
filed against accused and case is currently pending trial.

Case no:4 Intellectual property theft (Karnataka)

Let see an intellectual property theft happened in software based company situated in Bangalore.
The complainant complains that some of the company’s employs had used the company’s IT system
and destoryed with the source code of the software under development.
Investigation Process

As per the complaint received from the company the investigating team visit the company and
scanned the logs of email. They found the IP address and using tracing software trace out the ISP
and the address of the place where the email has been sent. This information leads the investigation
to the Hyderabad based company. The investigation team went to that company and found 13
computers and a server, using specialized tools the disk were imaged and analysed by the team. The
analysis revealed that the original source code and its tampered version had been stored from the
system.

Conclusion

Based on the collected evidence the investigation has completed and arrested the accused. Case is in
its final stage waiting for the opinion report from C-DAC.

Case no:5 Hacking (Karnataka)

Here is the fifth case which is a hacking case it happened in Bangalore Karnataka. In this case the
complainant receives the obscene pornographic material at her email address and mobile phone.
She also stated that she had a doubt somebody has hacked her accounts.

Investigation Process

The investigating team analyse the mail received by the suspect, and they sent message to different
email using complainant email address. Subsequently the investigating team was able to identify the
ISP address of the computer system and it was also tracked on an organisation in Delhi from its
server logs, through this log they get to know about the system from which the obscene material
was sent. Using disk imaging and analysing tool the email were retrieved from the system.

Conclusion:

On the basis of the collected evidence the accused was arrested. The case has been finalised and
currently pending administrative approval.

With the steady and constant developments in science and technology, there is an evident
transformation in the modus of conducting criminal investigations. The conventional techniques of
probing a crime have paved way for scientific forms of investigation. Narco-analysis, brain mapping,
polygraph, neuroimaging, etc. have changed the dynamics of criminal jurisprudence. The present
research article evaluates the evidentiary value of the diagnostic techniques of narco-analysis and
brain mapping, as well as its legality in India. It also discusses the landmark case in which the
Supreme Court of India has discussed its importance and laid down guidelines in that regard.

INTRODUCTION

The narco-analysis test uses a chemical substance known as sodium pentothal which is intravenously
injected into the body of the test-subject. The subject then enters into a state of hypnosis with all
inhibitions shed, and responds to all questions put to him, without knowing that such responses may
incriminate him. Since the subject remains in a semi-unconscious state, there are good chances that
he may reveal every such detail which he may not otherwise.

On the other hand, is the Brain Electrical Activation Profile (BEAP), commonly known as brain
mapping. It employs electrodes as a tool which is attached to the scalp of the subject, and records
the electrical waves emitting from the subject’s brain. A number of auditory and visual stimuli, ones
which are relevant to the facts being investigated (material probes) as well as those which are not
relevant (neutral probes) are placed before the subject, and inferences relating to subject’s
information of a crime are drawn thereof. The underlying principle is that when exposed to the
material probes, the subject will emit the P300 waves as a result of familiarity with those materials.
Therefore, this kind of diagnosis is also known as the P300 waves test.

Of the similar kind is the Polygraph Test or the Lie Detection Test. Instruments like the cardiograph,
pneumograph, cardio-cuffs, and electrodes are attached to the body of the test subject and
physiological reactions namely the pulse rate, blood pressure, respiration rate, etc. to the questions
put before him are examined. Fundamentally, the test rests on the theory that when a person gives
a false reply to a question put to him, his body produces a reaction different from replies given in a
normal circumstance.  

These investigative techniques, however humanitarian as an alternative to physical torture, still raise
serious questions of individual rights and liberties.[1] More so because the drugs used in these tests
have serious and negative effects on the human body, particularly the brain. A class of drugs, known
as the Barbiturates, are used to extract information and detect lie of the concerned person. Some of
the drugs under this heading are Scopolamine, Pentothal or sodium thiopental, Amytal, Seconal,
Butabarbital, Pentobarbital, Belladona and Phenobarbital. Commonly known as the “truth serum”,
the term is a misnomer… the drugs are not sera and they do not necessarily bring forth probative
truth.[2] Experts have recorded that the barbiturates generally affect the most advanced brain
centers. The cerebral cortex- that region where most complex mental activities occur- yields first to
the disturbance caused to the nerve-tissue function. Even the lowest of doses of barbiturates
weaken the functioning of the cerebral cortex; the drugs disable the sensory circuits of the human
nervous system. The larger doses of barbiturates may even cause death by stopping respiration. It
occurs because of the cortex no longer actively integrating information, and the cerebellum, the
“lesser brain” sometimes called the great modulator of nervous function, ceases to perform as a
control box.[3] Equivalently, some side effects of barbiturates include drowsiness, headache,
hypotension, nausea, skin rash, abnormally slow breathing, hallucination, coma, and temporary
breathing cessation.[4] More so, experts opine that there is evidence to suggest that individuals with
good defenses and emotional control cannot be manipulated or anyone who has who can withstand
the stress of competent interrogation in the waking state can do so in narcosis.[5]

THE LAW OF EVIDENCE IN INDIA

The Indian Law of Evidence has no express stand on the issue of admissibility of information
procured as a result of narco-analysis test. Although, there are some provisions which entails the
position of this law on the technique.

The definition of ‘evidence’ under the Indian Evidence Act, 1872 is as under:

“Evidence” means and includes

(1) All statements which the Court permits or requires to be made before it by witnesses, in relation
to matters of act under inquiry; such statements are called oral evidence;
(2) All statements including electronic records produced for the inspection of the Court; Such
statements are called documentary evidence.[6]

The question then arises, whether the results derived as a result of the narco-analysis test and the
brain mapping can and should be considered as evidence, or not. A combined reading of Ss. 24 to
27[7] of the Act suggest that such statements would be barred from being admissible as evidence
and be rendered meaningless in event of even a slimmest hint coercion, intimidation, or any other
kind of influence. Confessions caused by inducement, threat or promise are inadmissible under
Section 24[8] of the Indian Evidence Act. When an accused undergoes the narco-analysis test, he has
no control over his conscious and has to answers questions put to him against his will. Impliedly,
such confessions become inadmissible in Court of law. The confessions made in presence of the
agency conducting the procedure and the police are also hit by Section 25 of the Act.[9]

THE CASE OF SMT. SELVI V. STATE OF KARNATAKA[10]

The case pertains to the legality of three scientific tests, viz. the narco-analysis, polygraph test, and
the Brain Electrical Activation Profile (BEAP) on the touchstone of Arts. 20(3) and 21 of the
Constitution of India and under Ss. 161(2) of the Code of Criminal Procedure, 1973. The matter at
hand pointed out a need to strike a balance between the increasing need for efficient investigative
techniques and upholding the right to personal liberty.

The petition was a criminal appeal challenging the involuntary administration of techniques as
violative of the principle of right against self-incrimination as envisaged under Art. 20(3) of the
Indian Constitution. The appellant contended that subjecting accused or witnesses to such diagnostic
tests without their consent is completely violative of the fundamental rights. It was termed that
“these scientific techniques are a softer alternative to the …use of ‘third degree methods’ by
investigators.”[11]

The State contended that since it is their obligation to prevent crimes and criminal activities, these
tests aid in extracting information and collecting evidence where it is particularly challenging to do
so. Since procedural administration of substances into the body does not cause any physical harm, it
should not pose any issues whatsoever.

Thus, the issues framed by the Court were as follows:

I.                    Whether the involuntary administration of the impugned techniques violates the ‘right
against self-incrimination’ enumerated in Article 20(3) of the Constitution?

I-A. Whether the investigative use of the impugned techniques creates a likelihood of incrimination
for the subject?

I-B. Whether the results derived from the impugned techniques amount to ‘testimonial compulsion’
thereby attracting the bar of Article 20(3)?

II.                 Whether the involuntary administration of the impugned techniques is a reasonable

restriction on ‘personal liberty’ as understood in the context of Article 21 of the Constitution?

While dealing with the debate on the issue, the Court placed reliance on various authorities
including precedents from the United States and Canada. Also, it perused some of scholarly works on
these techniques. It was noted that, the impugned tests are used for various purposes in various
fields. Its use particularly in criminal justice system is dichotomous; the need of the hour is that we
keep up with the fast pace changes in technology but at the same time no individual can be deprived
of his liberty. Thus, the 3-judge Bench held that the involuntary administration of these diagnostic
techniques would lead to infringement of ‘right against self-incrimination’. It further elaborated that,

“The test results cannot be admitted in evidence if they have been obtained through the use of
compulsion. Article 20(3) protects an individual’s choice between speaking and remaining silent,
irrespective of whether the subsequent testimony proves to be inculpatory or exculpatory. Article
20(3) aims to prevent the forcible ‘conveyance of personal knowledge that is relevant to the facts in
issue’. The results obtained from each of the impugned tests bear a ‘testimonial’ character and they
cannot be categorized as material evidence.”[12]

Thus, an individual, whether an accused or a witness, cannot be made to forcefully undergo any of
the said techniques to expose him to any consequences either of penal nature or otherwise. No
technical justification can be legitimate that permits invasion into a person’s mental privacy. The
results inferred from the use of these techniques, due to their limitations, also are in conflict with
the principle of ‘right to fair trial’ which the Apex Court has upheld in several of its judgement.

Interestingly, it should be noted that the Court did leave some scope for voluntary administration of
the impugned techniques with regards to criminal investigation with proper safeguards in place.
Even in such instances, the test results by themselves cannot be admitted as standalone evidence,
reason being lack of control of the subject over his responses during the test. However, any
information or material that is subsequently discovered with the help of voluntary administered test
results can be admitted, in accordance with Section 27 of the Evidence Act, 1872.[13]

The Bench also reiterated the Guidelines for the Administration of Polygraph Test (Lie Detector Test)
on an Accused’ of 2000 as issued by the National Human Rights Commission and laid strict emphasis
for duly following them. Briefly, they are as follows:

1.      An option should be provided to the accused to avail the Lie Detector Tests. Such a test can be
administered only after such accused has consented to it.

2.      If the accused opts for the test after such option has been given to him, he should be given
access to a lawyer. The lawyer and the police should explain to him the physical, emotional and legal
implications of the test.

3.      The consent of the accused should be recorded before a Judicial Magistrate.

4.      The accused having agreed to undergo the lie detection test should be duly represented by a
lawyer at the time of hearing before the Magistrate.

5.      The accused person must be explained, at the hearing, in clear terms that statements by him
shall not be considered as ‘confessional statements’ made to the Magistrate and shall be regarded
as statement made to the Police.

6.      The duty is cast on the Magistrate to consider all the factors relating to the detention of the
accused, including the length of such detention and nature of interrogation.

7.      The actual procedure of Lie Detection Test shall be conducted by an independent agency, such
as a hospital and shall be duly recorded. The procedure must be carried out in the presence of the
lawyer.

8.      The information received, the full medical and factual narration of it must be taken on record.

CONCLUSION
The narco-analysis test, the brain mapping as well as the polygraph test hold a very high value in
criminal investigation process. Although the Indian Evidence Act, 1872 is silent on employing these
techniques, the constitutional courts have time and again touched upon the issue of whether such
methods should be employed or not through its judgments in a selected number of cases. The issue
of should these processes be permitted to be used in investigations and interrogations is still widely
debated among jurists, scholars and the commoners alike.

The technique of narco-analysis has proved to be valuable and profoundly effective in sensational
cases like the Aarushi Talwar murder case, the Nithari killings case, the Telgi scam, and the Mumbai
Bomb Blasts case. The powers of the police authorities have been curbed by the provisions of the
Constitution as well as other special and local legislations, and act as a bar on the way in which they
can be exercised. Though, through the significant judgment in Smt. Selvi, the Supreme Court has
cleared the air on when can these techniques are employed and when can they be not, the
authorities need to rethink upon the use of these scientific methods of investigation. The side effects
placed on record by experts should in no way hamper further investigation and controlled
experiments of the said drugs. The tests have the potential to essentially ensure fair and timely
justice.

References

[1] George Bimmerle, “Truth” Drugs in Interrogation, CENTRAL INTELLIGENCE AGENCY (Jul 01, 2008),
https://www.cia.gov/library/center-for-the-study-of-intelligence/kent-csi/vol5no2/html/
v05i2a09p_0001.htm.

[2] Id.

[3] Id.

[4] John P. Cunha, DO, FACOEP, Barbiturates, RxLIST,

https://www.rxlist.com/consumer_barbiturates/drugs-condition.htm.

[5] supra  note 1.

[6] Section 3, The Indian Evidence Act, 1872, No.1, Acts of Parliament, 1872.

[7] Section 24, The Indian Evidence Act, 1872: Confession caused by inducement, threat or promise
when irrelevant in criminal proceeding.

Section 25: Confession to police officer not be proved.

Section 26: Confession by accused while in custody of police not to be proved against him.

Section 27: How much of information received from accused may be proved.

[8] Section 24, The Indian Evidence Act, 1872: Confession caused by inducement, threat or promise,
when irrelevant in criminal proceeding.––A confession made by an accused person is irrelevant in a
criminal proceeding, if the making of the confession appears to the Court to have been caused by
any inducement, threat or 2 promise having reference to the charge against the accused person,
proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused
person grounds which would appear to him reasonable for supposing that by making it he would
gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against
him.
[9] Section 25 of Indian Evidence Act, 1872: Confession to police officer not to be proved.–– No
confession made to police officer, shall be proved as against a person accused of any offence.

[10] AIR 2010 SC 1974 (India).

[11] Id. at para 2.

[12] Id. at para 221.

[13] Id. at para 223

Supreme Court makes narco, lie detector, brain mapping tests illegal

Police cannot use the techniques or investigate leads arising thereof unless suspects volunteer.

Reported By: | Edited By: Rakesh Bhatnagar |Source: PTI |Updated: May 06, 2010,
01:45 AM IST

In a major setback to investigating agencies, the Supreme Court (SC) on Wednesday ruled
compulsory brain mapping, narco-analysis and lie detector tests unconstitutional as they violate
individual rights.

“We hold that no individual should be forcibly subjected to any of the techniques in question,
whether in the context of investigation in criminal cases or otherwise. Doing so would amount to an
unwarranted intrusion into personal liberty,” a bench of chief justice KG Balakrishnan, and justices
RV Raveendran and JM Panchal said.

Information gained through the tests is already inadmissible in the country’s courts, but the SC ruling
makes it clear that the police cannot use the tests or investigate any leads arising thereof unless
suspects volunteer.

“Compulsory administration of any of these techniques is an unjustified intrusion into the mental
privacy of an individual. It would also amount to ‘cruel, inhuman or degrading treatment’ with
regard to the language of evolving international human rights norms,” the bench said in a 251-page
judgment.
The judges said relying on reports gathered from these techniques conflicts with the “right to fair
trial”.     

They held that compelling public interest cannot justify the dilution of constitutional rights such as
the “right against self-incrimination”.

They said that as guardians of fundamental rights, they would be “failing in our duty” if any citizen is
permitted to be forcibly subjected to the questionable tests.

The bench described such tests as a form of third degree torture, which could not be permitted to
replace existing police behaviour. It discarded the pleas of the states and the Centre that the tests
were justified means to tackle terrorism, a crime where investigating agencies are not armed with
any tools to find out “ticking bombs”.
Disposing of petitions filed by accused in Maharashtra, Karnataka and Andhra Pradesh, the bench
said the tests can be administered to a person only with consent and even then National Human
Rights Commission guidelines must be adhered to. The person needs to be assisted by a lawyer, his
consent needs to be recorded before a magistrate, and he needs to be told about the implications of
his consent and the fact that the information thus collected would not be used against him as
evidence in court. But information or material collected with the help of a (voluntary) test can be
admitted in court under section 27 of the Evidence Act.

The bench refrained from categorically suggesting that the government could enact a law through
Parliament to make the tests valid in compelling public interest and exceptional circumstances. But it
said the argument merits consideration and it is “the task of legislature to arrive at a pragmatic
balance between the often competing interests of personal liberty and public safety”.

Being the constitutional court, the SC can only “seek to preserve the balance between these
competing interests and their interpretation’’, the bench said.
The bench expressed the SC’s dilemma in justifying the “use of torture or other improper means for
eliciting information which could help in saving the lives of ordinary citizens”, but termed the
government’s defence of making such means applicable to terror-related cases as “utilitarian
considerations”.

The government reacted carefully to the judgment, with a senior attorney welcoming the verdict but
saying “something extra is needed to deal with terrorists and militants”.