Cyber Forensics is an area that has not aroused much
interest among the Governmental corridors of India. Even the
Parliament of India and Indian Judiciary are not very enthusiastic
about this much needed Science and Art.
Before I proceed further, it is pertinent to explain
the concepts like “Cyber” or “Cyberspace” and “Cyber
Forensics” as per my own understanding and with my own personal
definitions.
In my opinion the word “Cyber” or “Cyberspace”
signifies a “Combination of Information and Communication
Technologies (ICT) that includes both Hardware and Software.
Similarly, according to me the word “Cyber
Forensics” means “A Scientific and Forensics analysis of
“Cyberspace” that includes ICT Components, Hardware and Software
in such a manner that the end result is “Presentable and
Admissible” in a Court of Law”.
Another concept that I would like to discuss
pertains to Electronic
Discovery (E-Discovery). According to me there is a
difference between Cyber
Forensics and E-Discovery. I believe that Cyber Forensics
is a “Wider Concept” than E-Discovery. To put it on other words,
Cyber Forensics includes E-Discovery but not Vice Versa.
For instance, a properly conducted Cyber Forensics
Exercise is “Relevant and “Admissible” for all purposes
including Litigation purposes. But E-Discovery may not be “Relevant”
and “Admissible” while deciding a Criminal Litigation.
Now coming back to the Indian position, Cyber
Forensics has not found favour with the Executive, Judiciary,
Legislature and the Administrative Branches of India. We have no
dedicated Cyber
Forensics Laws in India. Even the Information Technology
Act 2000 (IT Act 2000), which is the Cyber Law of India, is not
covering Cyber Forensics. A going reference of Cyber Forensics may be
found in the IT Act 2000 but that is nothing more than a reference
with no actual “Utility” as on date.
This “Poor Condition” of Cyber Forensics in
India is attributable to many factors. Firstly, we have no Legal
Enablement of ICT Systems in India. Concepts like
E-Courts,
Online
Dispute Resolution (ODR), etc are still missing in India.
Secondly, the ICT
Policies and Strategies of India are “Defective” and
they do not cater the requirements of Cyber Law, Cyber Security,
Cyber Forensics, etc. Thirdly, the Parliament
of India is not “Comfortable” with ICT related issues.
If Parliament is itself not aware of the Techno Legal Concepts like
Cyber Law, Cyber Security, Cyber Forensics, etc not much development
can take place.
I personally believe that Cyber
Law of India should be repealed and a more comprehensive
Cyber Law must be enacted. Similarly we need “Dedicated Laws” for
Cyber Security and Cyber Forensics in India.
In my subsequent posts, I would try to cover every
possible aspect of Cyber Forensics that is applicable to India and
World Wide. Perry4Law
and Perry4Law
Techno Legal Base (PTLB) believe that this Blog would
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