Forensic hurdles in Investigating & prosecuting cyber-crime - An overview
- The Indian Police Journal
- 67(1), Jan-Mar, 2020: p.96-110
Forensic Hurdles in Investigating & Prosecuting Cyber-crime - An Overview Author’s Intro: 1 Assistant Professor, Department of Law, Sikkim University (A Central University), Gangtok, Sikkim. 2 Assistant Professor, Department of Law, Sikkim University (A Central University), Gangtok, Sikkim. Abstract: Technology in equal measures has facilitated and impeded the investigation of crimes, particularly crimes that pertain to information & communications technologies. The advancement brought about by information technology while on the one hand has brought ease in the life of the people, but on the other hand has also led to the development of crimes that were unheard of earlier. Further the ICT has also resulted in the increased complexity of crimes which challenge the traditional methods of crime investigation and prosecution. Information and communication technologies have enabled enormous data/information to be searched and analyzed quickly and also have such information transmitted anywhere in the world even to outer space to space crafts in a relatively very short time. The information and communications are not only advancing the knowledge of doer but the wrongdoer is also getting huge advantages out of that. A gigantic amount of information creates considerable problems for investigating agencies that sometimes they have to examine gigabytes of data and break encryption codes for getting the required information. Many investigations and prosecutions fail because of the trans-jurisdictional nature of the crime and the inability of investigating and prosecuting agencies in criminal justice systems to understand the peculiarity of technology-aided crime. The technicality of crime hinders not only the investigation but also thereby prosecution. On the other hand, the transjurisdictional nature of crime and laws creates a barrier to investigating & prosecuting agency to completing their task. Consequent upon this situation, the researcher analyses the existing legal approaches and policies on the issues pertaining to cyber-crime investigation and challenges in prosecution while focusing on the importance of cyber forensics. The researcher also tries to find impediments to the investigation of cyber-crime; legal and technical obstructions of prosecutions together with digital forensic investigation. The paper moves with the supposition of cooperation and coordination amongst nations to the investigation, prosecution of cyber-crime involving cross-border issue. – Reproduced
Electronic gadgets, Cyber forensic, Cyber-crime Investigation and prosecution and Information technology.