The need of Cyber Forensics

The growing use of IT has posed certain challenges before the justice delivery system that have
to be met keeping in mind the contemporary IT revolution. The contemporary need of Cyber
Forensics is essential for the following reasons:

(a) The traditional methods are inadequate: The law may be categorised as substantive and
procedural. The substantive law fixes the liability whereas the procedural law provides the
means and methods by which the substantive liability has to contended, analysed and proved.
The procedural aspects providing for the guilt establishment provisions were always there but
their interface with the IT has almost created a deadlock in investigative and adjudicative
mechanisms. The challenges posed by IT are peculiar to contemporary society and so must be
their solution. The traditional procedural mechanisms, including forensic science methods, are
neither applicable nor appropriate for this situation. Thus, “cyber forensics” is the need of the
hour. India is the 12th country in the world that has its own “Cyber law” (IT Act, 2000). However,
most of the people of India, including lawyers, judges, professors, etc, are not aware about its
existence and use. The traditional forensic methods like finger impressions, DNA testing, blood
and other tests, etc play a limited role in this arena.

(b) The changing face of crimes and criminals: The use of Internet has changed the entire
platform of crime, criminal and their prosecution. This process involves crimes like hacking,
pornography, privacy violations, spamming, phishing, pharming, identity theft, cyber terrorisms,
etc. The modus operendi is different that makes it very difficult to trace the culprits. This is
because of the anonymous nature of Internet. Besides, certain sites are available that provides
sufficient technological measures to maintain secrecy. Similarly, various sites openly provide
hacking and other tools to assist commission of various cyber crimes. The Internet is boundary
less and that makes the investigation and punishment very difficult. These objects of criminal
law will become a distant reality till we have cyber forensics to tackle them.

(c) The need of comparison: There is a dire need to compare the traditional crimes and
criminals with the crimes and criminal in the IT environment. More specifically, the following
must be the parameters of this comparison:

(a) Nature of the crime

(b) Manner/Methods of commission of the crime,

(c) Purpose of the crime,

(d) Players involves in these crimes, etc.

Thus, Cyber Forensics is required to be used by the following players of criminal justice system:
(a) Investigation machinery- Statutory as well as non-statutory

(b) Prosecution machinery, and

(c) Adjudication machinery- Judicial, quasi-judicial or administrative.

(d) Jurisdictional dilemma: The Internet is not subject to any territorial limits and none can claim
any jurisdiction over a particular incidence. Thus, at times there is conflict of laws. The best way
is to use the tool of Cyber Forensics as a “preventive measure” rather than using it for “curative
purposes”.