Division-B PRN - 16010323154 BA LLB (2016-2021)

TUTORIAL-I: INTERIM SUBMISSION
Information and Technology Law
“INVESTIGATION OF CYBER CRIMES- A BRIEF ANALYSIS FROM THE

PERSPECTIVE OF IT ACT, 2000”
Submitted by
SHREYA GHOSH DASTIDAR

Division- B
PRN- 16010323154
BA LLB (2016-2021)
Symbiosis Law School, Hyderabad
Symbiosis International Deemed University, Pune
In
January, 2020
Under the Guidance of
Prof. Amish Abdullah

Faculty-in-charge
Information and Technology Law
Symbiosis Law School, Hyderabad
ACKNOWLEDGEMENT
In performing my assignment, I had to take the help and guideline of some respected persons,
who deserve my greatest gratitude. The completion of this assignment gives me much
pleasure. I would like to show my gratitude towards SYMBIOSIS LAW SCHOOL
HYDERABAD for giving us a good guideline for assignment throughout numerous
consultations. I would also like to expand my deepest gratitude to all those who have directly
and indirectly guided me in writing this assignment.
In addition, a thank you to Professor Amish Abdullah, the Faculty-in-charge, Information

and Technology Law, who introduced me to the Methodology of work, and whose passion
for the “underlying structures” had lasting effect. He conducted many classes for us to
acknowledge and understand about the basic concepts of this subject by giving relevant
examples of recent incidents and also helped us to learn about the practical details.
Many people, especially our classmates and everyone who has directly or indirectly, have
made valuable comment suggestions on this proposal which gave me an inspiration to
improve my assignment. I thank all the people for their help to complete my assignment.
CERTIFICATE
This research project titled “INVESTIGATION OF CYBER CRIMES- A BRIEF

ANALYSIS FROM THE PERSPECTIVE OF IT ACT, 2000” is submitted to Symbiosis
Law School, Hyderabad as a part of our “Information and Technology Law” Tutorial I,
Interim assessment carried out under the guidance of Prof. Amish Abdullah, Faculty-in-
charge, Information and Technology Law, Symbiosis Law School, Hyderabad in January,
2020.
The material from other sources and incorporated in these has been duly acknowledged. I
understand that I myself can be held responsible and accountable for plagiarism, if any
detected later on.
SIGNATURE OF THE CANDIDATE:
DATE: 28/01/2020
TABLE OF CONTENTS
INTRODUCTION
RESEARCH OBJECTIVE
RESEARCH METHODOLOGY
RESEARCH QUESTIONS
LITERATURE REVIEW
CHAPTERIZATION
LIST OF CASES
INTRODUCTION
The Internet is one of the fastest-growing areas of technical infrastructure development. 1 In

the era of digital India, a lot of technology and many developments are taken place and many
new inventions are still under process. With this increasing technology, the crimes related to
technology are also increasing. Many cases are registered under IT Act 2008 and also got
amended in 2010. Some of the cases registered are data theft, hacking, unauthorized access,
pornography, intellectual property theft, cyber terrorism, viruses and many. Cyber-crime
becomes a large threat to the business, national security and for the common man. With these
emerging types of crimes, it is time for us to revamp and reform the investigation
methodology which will be useful for prosecution of cyber-crime cases. The police
department has lacuna in this field of investigation. There are several potholes are existing in
the system for investigation which includes the gap between the reporting of crimes, arresting
the criminals and finally producing the criminals for prosecution in cyber-crime cases.
Therefore, this research paper states that a legal and law manual should be framed to avoid
the lack of operational manual which describes the methods of managing and doing on
investigation related to cyber-crimes. A standard investigation procedure has to be framed in
order to investigate cybercrimes. The cyber-crime cells which are operating now should be
equipped with highly technical staff and also, they should have high technology crime and
investigation infrastructure.
RESEARCH OBJECTIVE
Any study is futile without a reasonable objective. The researcher believes that the
increasing dominance and widespread scope of cyberspace and cybercrimes represents a
major breakdown in the Legal system. The research paper will consist of creating a critical
analysis and a brief discussion on various aspects and challenges in investigation of cyber-
crimes. The basic aim of this paper is to acknowledge the people about the wide scope of
the provisions of IT Act and their usefulness towards providing justice in cases of cyber-
crime. Critical Analysis also includes the various pronouncements given by the judiciary to
give a better understanding to the litigants about their rights.
1
On the development of the Internet, see: Yang, Miao, ACM International Conference Proceeding Series; Vol.
113; Proceedings of the 7th International Conference on Electronic Commerce, page 52 – 56; The World
Information Society Report 2007, available at: www.itu.int/osg/spu/publications/worldinformationsociety/2007/.
RESEARCH METHODOLOGY
The research methodology that will be used in this article is doctrinal research and
researcher has mainly used secondary data sources for the preparation of this research
article. No primary data or first-hand information has been used in this research work. The
existing articles and books have been referred for preparing this article. The sources and
other references of the cases studies mentioned in this research project have been taken from
authentic legal databases.
RESEARCH QUESTIONS
The research questions involved in this paper, are-

 What are the different techniques and steps adopted by the investigation officers in cases
of investigation of cyber-crimes?
 What is the scope of IT Act, 2000 as a protection mechanism in cases of cyber-crimes?
To what extent, the provisions of IT Act, 2000 is applicable in investigation of cyber-
crimes?
 What are the limitations and challenges faced by the investigators in fighting cyber-
crimes? What measures can be taken to curb those challenges?
LITERATURE REVIEW
 Vanathi J, Jayaprasanna S: A study on cyber-crimes in digital world: International

Journal on Recent and Innovation Trends in Computing and Communication. 2014
Sep 2(9);
The research paper puts forward the collective knowledge of Cyber-crimes prevalent in
Digital world to create awareness in our younger generation. In an alarming trend many
young and un employed youth are turning into crime. This paper focuses on the various
crimes that take place in Cyberspace and the Laws pertaining to it. The cyber-crimes rate in
India and also the prevention measures to be implemented are discussed so that the young
generation will protect themselves from being a victim of cyber-crime. The inevitable uses of
Internet in day to day life have increased the Cyber-crimes.
 Prof. Dr. Marco Gercke: Understanding cybercrime: Phenomena, challenges and
legal response: available at www.itu.int/ITU-D/cyb/cybersecurity/legislation.html ;
This ITU report provides a comprehensive overview of the most relevant topics linked to the
legal aspects of cybercrime and focuses on the demands of developing countries. This report
provides an overview of the phenomena of cybercrime in its Chapter 2 including descriptions
of how crimes are committed and explanations of the most widespread cybercrime offences
such as hacking, identity theft and denial of service attacks. However, the references used
were selected for the benefit of developing countries, in addition to a broad selection of
resources provided for a more in-depth study of the different topics.
 M. Elavarasi, N. M. Elango: Analysis of Cybercrime Investigation Mechanism in

India: Indian Journal of Science and Technology, Vol 10(40);
This research paper contributes for an understanding of cyber-crime investigation

methodology and its prosecution in India as well as covering investigation mechanism and
various methodologies carried out by police department and Indian judicial system. It
provides a statistics of cyber-crime cases in India, indicating several factors like lack of
technical experts, technically trained police officers, lacuna in judicial department and
pointed a major issue of Judicial Jurisdiction in handling cyber-crime cases.
 Aparna Srivastava: Analysing cyber-crime and cyber laws in India: VSRD

International Journal for technical and non-technical research, Vol. VIII;
This research paper discusses ways to regulate the criminal activities in the cyber world and
to protect technological advancement system. It provides an in-depth definition of cyber-
crimes including various aspects of it like forgery, cyber defamation, cyber stalking,
unauthorized access etc with a statistical figure providing data for the rate of cyber-crimes in
India. This paper also provides an discussion on IT laws on how it prevent and provide
certain protection measures in such cases.
CHAPTERISATION
Chapter 1- Introduction
This chapter will introduce cyber-crimes and its importance in the present era of internet,
discussing the background and international dimensions of cyber-crimes.
Chapter 2- The phenomena of Cyber-crime

This chapter will elaborate the concepts of cyber-crime with defining certain aspects of cyber
crime under the provisions of IT Act, 2000. It will contain the definitions along with the
typology of cyber-crime discussing the development, extent and impact of such offences. In
this chapter, the author will discuss various aspects like offences against integrity,
confidentiality, availability of data and resources, content related crimes in purview of cyber-
crimes.
Chapter 3- Steps involved in Cyber-crime investigation

In this chapter, the researcher will discuss the process of cybercrime investigation
methodology, defining certain aspects like Questioning, Gathering Information, Computer
Forensics and it will further discuss what steps are involved in investigations of cyber-crimes
by the police department and the Indian judiciary system.
Chapter 4- Judicial reformation in Cyber-crime cases

This chapter will discuss the judicial reformation in such cases with a brief discussion on
relevant case laws. In India cyber-crime cases are registered under three broad categories they
are Information technology act, Indian penal code, and other State Level Legislations. This
chapter will discuss the applicability of those acts in judicial pronouncements.
Chapter 5- Challenges faced in fighting Cyber-crimes

In this chapter, the researcher discusses the challenges faced by the investigators in cases of
cyber-crimes as the recent developments in internet have not only resulted in new methods of
investigating cybercrime, but also new cybercrimes and new criminal methods as the
offenders may use new tools to prevent identification and hamper investigation. This chapter
focuses on the challenges of fighting cybercrime discussing general and legal challenges.
Chapter 6- Strategies adopted by the government to prevent Cyber-crimes

This chapter discusses about the strategies adopted by the government in order to prevent
cyber-crimes by enacting certain acts and regulations which provides protection frameworks,
preventive mechanisms and procedures for punishments for such offences with a special
mention to the enactment of IT Act, 2000 specially for such purpose.
Chapter 7- Protection mechanism scrutinizing certain provisions of IT Act, 2000
In this chapter, the researcher discusses certain provisions of IT Act, 2000 which provides
protection frameworks for proper and uninterrupted investigations for cyber-crimes and their
implementation and impact in practical cases.
Chapter 8- Conclusion
This chapter concludes by saying that the cyber-crime cases need to be handled very carefully
in order to cull out the truth. Giving training for the police and judicial officers is very
important. India has to develop a lot in handling cyber-crimes cases.
Chapter 9- Recommendations
This chapter will contain recommendations by the researcher to secure procedures connected
with manpower for prosecution of computer-based crime cases in order to improvise the
current scenario in cyber-crime.
LIST OF CASES
 Shreya Singhal v. Union of India, (2013) 12 SCC 73.

 Neelam Vishwakarma v. The State of Madhya Pradesh, Crim. Case No.11389/2015.
 K.R.Ravi Rathinam vs The Director General Of Police, W.P. (MD) No.18210 of 2014
 Company And Hence With The ... vs Who Was Ex-Employee Of Mid Day, CC
No.32444/2010
 Dr.K.A.Koshy vs State Of Kerala, B.A. NO. 1163 OF 2010.
 Smt. Amrita Choudhary v. The State of Madhya Pradesh, MCRC-2698-2015.
 Syed Asifuddin and Ors. v. The State of Andhra Pradesh, 2006 (1) ALD Cri 96.
 Kumar v. Whiteley, (2005) 2 SCC 235.
 Janhit Manch & Ors. v. The Union of India, (ST) NO.7994 OF 2018.
 Wasir Ahmed & Anr v. The State of West Bengal & Anr, C.R.R. 1504 of 2010.

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TUTORIAL-I: INTERIM SUBMISSION

Information and Technology Law

“INVESTIGATION OF CYBER CRIMES- A BRIEF ANALYSIS FROM THE

SHREYA GHOSH DASTIDAR

Symbiosis Law School, Hyderabad

Symbiosis International Deemed University, Pune

Under the Guidance of

Prof. Amish Abdullah

In addition, a thank you to Professor Amish Abdullah, the Faculty-in-charge, Information

This research project titled “INVESTIGATION OF CYBER CRIMES- A BRIEF

SIGNATURE OF THE CANDIDATE:

The Internet is one of the fastest-growing areas of technical infrastructure development. 1 In

The research questions involved in this paper, are-

 Vanathi J, Jayaprasanna S: A study on cyber-crimes in digital world: International

 M. Elavarasi, N. M. Elango: Analysis of Cybercrime Investigation Mechanism in

This research paper contributes for an understanding of cyber-crime investigation

 Aparna Srivastava: Analysing cyber-crime and cyber laws in India: VSRD

Chapter 2- The phenomena of Cyber-crime

Chapter 3- Steps involved in Cyber-crime investigation

Chapter 4- Judicial reformation in Cyber-crime cases

Chapter 5- Challenges faced in fighting Cyber-crimes

Chapter 6- Strategies adopted by the government to prevent Cyber-crimes

 Shreya Singhal v. Union of India, (2013) 12 SCC 73.

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