Cyber Forensics In India Needs Rejuvenation

Cyber forensics has become an indispensable part of legal systems world wide. Naturally, countries across the world are trying to develop cyber forensics capabilities. Cyber forensics in India, on the other hand, is not in a good shape. In fact, cyber forensics and Indian approach in this regard are not conducive for the long term growth and development of cyber forensics in India.

According to Praveen Dalal, managing partner of ICT law firm Perry4Law and leading techno legal specialist of Asia, 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.

Thus, in India cyber forensics is not growing because of factors like lack of awareness, lack of political will, fear of unknown, apathy to the technology, etc. Our lawmakers are not aware of technological issues and our executive is least bothered. Naturally cyber forensics cannot grow in such an environment.

Agrees Andre Muscat, Director, Strategic Relationships at GFI Software Ltd. There is an under investment in laws, systems and platforms to enhance cyber forensics in various countries. It seems that there are countries who under invest in this area, and others who are on the front of investing and growing but with a problem in understanding how to actually invest in, opines Andre Muscat. There are so many tools and solutions which can help this situation and we frequently find that these tools are just not known to exist, says Andre Muscat.

It is high time that Indian government must ensure cyber forensics skills development in India. PTLB is managing the exclusive online cyber forensics training centre of India. PTLB is also providing online cyber forensics courses in India. More such initiatives must be undertaken in India to bridge the cyber forensics skills gap that is existing in India.

Exclusive Cyber Forensics Book For Government Departments Of India

Cyber forensics is receiving attention of Indian government these days. Whether it is Ministry of Home Affairs, Income Tax Department of India, Ministry of Communication and Information Technology (MCIT), etc, all of them are dealing with cyber forensics in one form or other.

However, of all Ministries/Departments, Ministry of Home Affairs is most interested in developing cyber forensics capabilities. This is so because the central Home Ministry is managing not only law enforcement issues but also issues pertaining to national security.

Further, very soon we may see a National Security Policy of India as well. Whenever such a Policy would be drafted, cyber security and cyber forensics would be essential part of the same.

Even cyber forensics has become very important for Indian legal and judicial system as well because cyber crimes and white color crimes convictions require effective use of cyber forensics to prove the guilt of the accused.

However, cyber forensics is a new field for India and there are very few research works in this regard. Even the Parliament of India has no ready made research material on the basis of which suitable cyber forensics and cyber security laws can be enacted in India.

Praveen Dalal, managing partner of Perry4Law and Supreme Court lawyer, believes that Cyber Forensics is a field that requires greater attention and support from Executive, Judiciary and Parliament of India. He maintains that there is an urgent need to “Sensitise” the three Constitutional Pillars of Indian Constitution and these Pillars must pay more attention to issues like Cyber Law, Cyber Security, Cyber Forensics, Cyber Warfare, Cyber Espionage, etc.

In this background, Praveen Dalal has taken a pro active step. He has released the first edition (September 2010) of his book on cyber forensics in India. He informs that presently, the Book is available under “Limited Circulation Only” and that also after receiving a “Written Request” in this regard from the Head of the Department (HOD) of the “Selective” Governmental Department alone.

Presently, the book is available for executive, legislature and judiciary of India alone. However, do not loose heart as very soon the “public version” of the same would be released after June 2011.

Hopefully, this book would provide meaningful insights of the field of cyber forensics to Indian government. It may also be helpful while drafting future technology related laws, especially techno legal laws, as it is providing many world class and international level “best practices” in the field of cyber forensics.

I am waiting for the “public version” of the same so that I can have one.