PROCEDURE TO DEAL WITH CYBER CRIMINALS

DR. JASMESSET EGAN

SUMITTED BY:
NEHA
NIDHI SIWACH
 ‘The primary function of the criminal investigator is to gather Information, determine
the validity of the information, identify and locate the perpetrator of the crime and
provide evidence of his guilt for a court of law. Inherent in this function is the
responsibility to protect the innocent.”

-Richard H. Ward
 Problems of investigating agency :-

 Hiding, spoofing, re-mailers and remote storage

 Lack of skilled investigators

 On-line investigations On-line investigations

 Liaisons with the Internet industry

 Forensic computing
 co-operation
Investigation of Cyber Crime
The means by which the Investigating Officer carries out this
function may be classified into two ways-

Internal External

 Internal refers to the process of logic, expertise, Intuition, experience

and knowledge that he brings to the investigation.

 External refers to the tools, scientific aids, additional personal

and other resources that he brings to bear on the investigation.
Method of investigation :

When to start Investigation?

Person duly authorised can start investigation into a cognizable offence
without order of the Magistrate after registration of the F.I.R. under
section 154. Criminal Procedure Code. In respect of non-cognizable
offence, the police officer has no power without an order from a
Magistrate to commence the investigation.
The provision of the Criminal Procedure shall apply in the case of
Investigation in respect of offences under the Information Technology Act,
except police officer not below the rank of Deputy Superintendent of
Police.

Clause (3) of Section 80 of the Information Technology Act clearly states

that the provisions of the Code of Criminal Procedure, 1973 shall, subject to
the provisions of this Section, apply, so far as may be, in relation to any
entry, search or arrest, made under this Section
 Pre-trial:

i. Information about incidence of crime

ii. Power of arrest
iii. Power to conduct search and seizure.

 Charge sheet:
i. Adducing prosecution evidence.

 Post-charge sheet
i. Section 173(8).

 Sentencing
i. Section 235(2).
  Power of Police to Initiate Investigation and Arrest
The CrPC empowers police officers who are in charge of a station, to investigate any crime
which has been reported to him or he has information about, if the offence therein is a
cognizable offence. If the offence is not a cognizable one, then he should record the complaint
and direct the informant to a magistrate. In such cases, he can initiate investigation only on
receipt of an order from a Magistrate having power to try such case or commit the case for trial.

The power to arrest under this section shall not be exercised arbitrarily violating dignity and the
liberty of an individual. These rights are inherent in Articles 21 and 22(1) of the Constitution and
require to be recognized and scrupulously protected.

 For effective enforcement of these fundamental rights, the Supreme Court has issued the
following instructions in the case of

D.K BASU V. STATE OF MAHARASHTRA

1. An arrested person being held in custody is entitled, if he so requests, to have

one friend, relative or other person who is known to him or likely to take an interest
in his welfare told, as far as is practicable, that he has been arrested and where he is
being detained.
 2. The Police Officer shall inform the arrested person when he is brought to the
police station, of this right.
3. An entry shall be required to be made in the Diary as to who was informed of
the arrest.
4. It shall be the duty of the Magistrate, before whom the arrestee person is
produced, to satisfy himself that these requirements have been complied with.’
“May .....arrest” - The words may arrest show that the power of arrest is
discretionary. A police officer is not always bound-to arrest for a cognizable
offence. The power of arrest under S.41 given to the police is not absolut e and is not
to be exercised in arbitrary manner, but judiciously.

Section 100 : Person in charge of closed place to allow search

Section 101 : Disposal of things found in search beyond jurisdiction
Section 102 : Power of police officer to seize certain property
Section 165 : Search by police officer

Preparation for the Seizure

Preparation for the Seizure
 To seize or not to seize

There are basically two ways of

dealing with computers when on
a search operation.

e
Seize th its
ter and
compu ated
associ the e
re and te
hardwa t to m pl on sit
e
forward abs
i Co ging ing e
a ta k th
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What to seize and where to look
Photographing and recording equipment layout

Bagging, tagging and removing equipment

Storage of seized equipment

 Common mistakes committed by the victim or the seizing

officer:

Operating the Computer System in Question

Getting help from the Computer Owner
Improper transportation of the Computer evidence

 Filing of Charge Sheet

 Additional Evidence during Trial

section 173(8).
 Evidence during sentence hearing

 INDIAN CASES
• Dr Nuker and Da Libran Arrested for Hacking Police Website

• Ex-Scientist from ISRO arrested for E-mail threats received by

Department of Atomic Energy and hacking of an ISP

•Indian Police Gets Software to ‘Fingerprint’ Computer

Contents

 GLOBAL CASE STUDIES

• United States v. Thomas

 Pornography in Corporate Computer

 Suggestions
 Education for Law Enforcement, Security Personnel, and
Management
THANX!!