Electronic Evidence and Challenges
Electronic proof and challenges currently a days violation of proof in cyber crime is extremely simple as criminal will a criminal offense and his information processing address is noted and saved on the websites he visit, and with the assistance of the information processing address and Cyber cell will simply track the information processing of the criminal and to succeed in to him, however it’s not that simple as a result of currently a days criminals uses Proxies or VPNs.
VPN / Proxy: — VPN stands for virtual personal network, this can be a protocol that is especially wont to amendment you information processing address in addition your location, you'll amendment your location from Republic of India to the other country, perhaps it's America, Australia, China ,etc.
Cyber Forensics and challenges: — Cyber forensics could be a branch of forensics regarding computer-based evidence, their storage, assortment and acceptableness.
The explanations for using cyber forensic techniques are: —
1. Analysis of laptop systems happiness to defendant.
2. Recover information in event of hardware/software failure.
3. to collect evidence against the worker or any individual the organization attempting to terminate.
Law Enforcement: — The schedule of the data Technology Act 2000 is India’s solely act managing laptop crime, with AN import to introduce the thought of electronic proof has else to the provisions of Indian proof Act, 1872 that had been written earlier keeping in mind solely the physical world. These amendments are often summed up as following: one. In section three, —
(a) within the definition of “Evidence", for the words "all documents created for the examination of the Court", the words "all documents together with electronic records created for the examination of the Court" are substituted
(b) when the definition of "India", the subsequent are inserted, namely:— 'the expressions "Certifying Authority", "digital signature", "Digital Signature Certificate", "electronic form", "electronic records", "information", "secure electronic record", "secure digital signature" and "subscriber" with the meanings severally appointed to them within the data Technology Act, 2000.
2. In section seventeen, for the words "oral or documentary,", the words "oral or documentary or contained in electronic form" are substituted.
3. when section twenty-two, section 22A has been inserted that says that “Oral admissions on the contents of electronic records don't seem relevant, unless the genuineness of the electronic record created is in question.".
4. In section thirty-four, for the words "Entries within the books of account", the words "Entries within the books of account, together with those maintained in AN electronic form" are substituted.
5. In section thirty-five, for the word "record", in each the places wherever it happens, the words "record or AN electronic record" are substituted.
6. For section thirty-nine, the subsequent section has been substituted, namely: - What proof to be a once statement forms a part of a spoken language, document, electronic record, book or series of letters or papers. 39. once any statement of that proof is given forms a part of an extended statement, or of a spoken language or pan of AN isolated document, or is contained in an exceedingly document that forms a part of a book, or is contained partially of electronic record or of a connected series of letters or papers, proof shall be of such a lot and now a lot of the statement, spoken language, document, electronic record, book or series of letters or papers because the Court considers necessary in this explicit case to the complete understanding of the character and result of the statement, and of the circumstances underneath that it was created.
7. When section forty-seven, section 47A has been inserted, that talks regarding, Opinion on digital signature wherever relevant.
8. In section fifty-nine, for the words "contents of documents" the words "contents of documents or electronic records" are substituted.
9. when section sixty-five, section 65A and 65B are else giving birth down the provisions regarding acceptableness of electronic records.
10. when section sixty-seven, section 67A has been inserted, that talks regarding proof on digital signature.
11. when section seventy-three, section 73A has been else that talks regarding proof on verification of digital signature.
12. when section eighty-one, section 81A has been else that talks regarding Presumption on Gazettes in electronic forms.
13. when section eighty-five, the subsequent sections are inserted, namely: —
I )85A that talks regarding Presumption on electronic agreements
ii )85B that talks regarding Presumption on electronic records and digital signatures.
iii )85C that talks regarding Presumption on Digital Signature Certificates.
14. when section eighty-eight, section 88A has been inserted that talks regarding transgressing the boundaries on electronic messages.
15. when section ninety, section 90A has been else that talks regarding Presumption on electronic records 5 years previous.
16. For section 131, the subsequent section has been substituted, namely: - Production of documents electronic records that another person, having possession, might refuse to provide. 131. nobody shall be compelled to provide documents in his possession or electronic records underneath his management, that the other person would be entitled to refuse to provide if they were in his possession or management, unless such last-mentioned person consents to their production.
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