CYBER SECURITY AND IMPORTANCE OF ELECTRONIC EVIDENCE

Category: Cyber Crime Law
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What is Cyber Security?

The term Cyber Security is a practice for defending or protecting the servers of any individual business or organization, any electronic device (mobile, computer) or any network and data from the various malicious attacks. 

Types of Cyber Threats-

  1. Cybercrime includes a single body or any groups targeting any system for their financial gain or benefit or to cause disruption.

  2. Cyberattack often involves gathering politically motivated information.

  3. Cyberterrorism is intended to undermine electronic systems by causing panic or fear to individuals or some organizations.

Threat of Ransomware

Ransomware is a type of malicious software designed to block access to a computer system or data until a ransom is paid. Attackers typically encrypt the victim’s data and demand payment in cryptocurrency to decrypt the file.

Electronic Evidence under Information Technology Act, 2000

The Information Technology Act, 2000

came into force on 17th October 2000. This act identifies and penalizes various cybercrimes such as hacking, spamming, identity theft, phishing and so on.

Electronic Form OF Evidence means any information of probative value that is either stored or transmitted in electronic form and includes evidence, digital data, digital video, cell phones, digital fax machine etc. 

The Indian Evidence Act, 1872 evolved to deal with the dynamic nature of evidence. It deals with electronic evidence also. 

Section 65A and Section 65B of The Indian Evidence Act,1872 deals with the Admissibility of Electronic Evidence in Court.

Section 65A of the Indian Evidence Act provides a special provision for electronic records to be considered as evidence, while Section 65B governs their admissibility through a deeming fiction.


The Importance of electronic evidence in cyber security can be explain by some referred cases with case laws below:

Shreya Singhal v. UOI

Two women were arrested under Section 66A of the IT Act after they published offensive and objectionable comments about the complete shutdown of Mumbai following the death of a political leader. Section 66A of the Information Technology Act provides a penalty for anyone using computer resources or communications to possess information that is offensive, false or inflammatory, harmful, dangerous, insulting, anger, injury or malice.


Learn more about -

Facebook Scam 

Telegram fraud

Bank transfer payment fraud

Debit Freeze or Account Freeze

Blockchain

Resolution of Cyber security Matters 

  • Filing a cybersecurity case involves several steps

  • Identify and Document the Incident

  • Contain and Mitigate the Threat

  • Report the Incident Internally

  • Report to Authorities ( CERT )

  • File a Formal Complaint

Conclusion

As a conclusion we see that the Electronic evidence is crucial in cyber security related cases . Because the Major fraud or scam cases happened by the misuse of the digital media and the scammer left the online footprint.



WRITTEN BY - SUVANKAR SUTRADHAR

GUIDED BY - ADVOCATE ANIK

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