Case BriefsHigh Courts

Calcutta High Court: A Division Bench comprising of Manojit Mandal and Joymalya Bagchi, JJ., in the wake of rising cyber crimes in the present times, issued directions to ensure that the investigation of crimes involving electronic evidence is conducted in a fair, impartial and effective manner.

Allegations, as mentioned in the FIR, pertain to a matrimonial dispute between the petitioner and his wife. Further, it has been alleged that the petitioner with the object of defaming and denigrating the wife had posted objectionable pictures of wife on a social network platform and circulated such materials widely. Offences under Sections 66 E & 67A of IT Act were not added in the FIR, an investigation by Assistant Sub-Inspector of Police in violation of Section 78 of the IT Act was conducted.

Keeping in view the facts and circumstances of the present case and due to lack of materials on record that objectionable pictures were circulated without consent and knowledge of de-facto complainant, the Court was of the opinion that custodial interrogation of accused/petitioner may not be necessary and he may be granted anticipatory bail subject to the conditions as laid down under Section 438(2) of CrPC, 1973.

Further, the High Court felt that there is a crying need to train and familiarise members of the police force in the matter of collection, reception, storage, analysis, and production of electronic evidence. The bench also stated that:

“It is also relevant to note that electronic evidence by its very nature is susceptible to tampering and/or alteration and requires sensitive handling. A breach in the chain of custody or improper preservation of such evidence render it vitiated and such evidence cannot be relied in judicial proceedings. Necessary certification under Section 65D of the Information Technology Act is also a pre-requisite for admissibility of such evidence. Even if such certification is present, reliability of electronic evidence depends on proper collection, preservation and production in court. Any lacuna in that regard would render such evidence vulnerable with regard to its probative value. These factors have come to our notice not only in the present case but also in a number of cases argued before us in recent times.”

For the said purpose, certain directions were issued to ensure that investigation of crimes involving electronic evidence is conducted in a fair, impartial and effective manner.

Following are the directives:

  • Proper training of members of police force in reception, preservation and analysis of electronic evidence.
  • Only the officers who have been trained in accordance to the manner as stated above shall be involved in the investigation of crimes involving offences under IT Act and the offences in which electronic evidence plays a pre-dominant part.
  • Every district shall have a cyber cell comprising of officers with specialised knowledge in the matter of dealing with electronic evidence in order to render assistance to local police.
  • A standard operating procedure regarding preservation, collection, analysis and producing electronic evidence to be submitted by Director General of Police, West Bengal on the next date of hearing.
  • Specialised forensic units to be set up in the State in order to facilitate examination and/or analysis of electronic evidence.

The matter has been posted for further hearing on 11-03-2019. [Subhendu Nath v. State of W.B., 2019 SCC OnLine Cal 242, Order dated 18-02-2019]

Conference/Seminars/LecturesLaw School News

Cyber Crimes in India is one of the most challenging issues in contemporary times. It has posed several questions to our traditional legal jurisprudence. The issue has also received attention national and worldwide with emergence of newer technology. It has impetus and relevance in contemporary times because of the several initiatives made by government like ‘Make in India’, ‘Digital India’ where the companies across the world are invited to make their investment in India.
Indian law on the Information Technology by some amendments, appears to have made some headway in the direction but substantive gaps persist in definitions, conceptual comprehension and consistency of Rules read with the Act. Many may not know the exact implications and usages of the cyber law to internet crimes targeting individuals. The present seminar aims to create awareness about the cyber laws, issues and challenges of cybercrimes towards the society among the students, academicians, professionals and others.
Keeping in view the above, the deliberations need to be held so that a deep insight about the problems, perspective, issues and challenges about the topics need to be discussed and analysed. This seminar is intended to provide a platform to academicians, lawyers, corporate personalities and scholars all over the country and abroad to share their research work.
Objective of the Seminar

The objective of the seminar is to ease out, discuss, and make deliberations on the following areas.

  • Citizen friendly Safe and Secure internet
  • Legal Challenges in Cyber laws.
  • Relationship between internet rights and internet security
  • Freedom, Security and Growth in Cyberspace
  • Digital Democracy and Digital Diplomacy
Themes for participants: 
  1. Emerging Trends in Cyber World
  2. Role of UN for preserving Peace and Security in Cyber Space.
  3. Crime against Women in Cyber world
  4. Crime against Children in Cyber world
  5. Crime against Government in Cyber world
  6. Privacy, Defamation & Data Protection in Cyber space
  7. Fake ID’S in Online Social Networks (OSNs),
  8. Cyber Forensics & Electronic Evidence and Investigations
  9. Online-Consumers in Cyberspace
  10. Banking Financial Fraud, Scams in Cyber world
  11. Net Neutrality & Regulation of Internet
  12. Artificial Intelligence and Cloud Computing & New Challenges
  13. Internet of Things, Block Chains – Emerging Challenges
  14. Cyber Extremism & Radicalization
Note: -The above themes are indicative and the author can send the article on any topic related to the broad theme of the Seminar.
Registration Procedure

Registration fee can be made either through Demand Draft or cash on the spot. The Demand Draft is to be made in favour of The Registrar, Jamia Millia Islamia, New Delhi-25

Registration Fee
  • Indian Delegates: 1000 (INR)
  • Research Scholars/Students: 500 (INR)
  • Foreign Delegates: 2000 (INR)
Important Dates
  • Submission of Abstracts by: 25th January, 2019
  • Notification of selected Abstracts: 28th January, 2019
  • Submission of full papers by: 26th February, 2019
  • Notification of selected papers: 01st March, 2019
  • Last date for Registration via E-Mail: 04th March 2019
  • National Seminar Date: 09th March 2019
Contact

Convenors of the Seminar

  • Dr. Ghulam Yazdani, Associate professor: 9891989168
  • Dr. Qazi Mohammed Usman, Associate Professor: 9911273183, qusman@jmi.ac.in

Venue: 

Faculty of Law

Jamia Millia Islamia

Maulana Mohammad Ali Jauhar Marg; New Delhi-25

For more details, refer seminar_law_2019march9