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What Is The Process Of Investigating International Cybercrime?

September 08, 2016
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In this blog post, Amala Haidar, a student pursuing a Diploma in Entrepreneurship Administration and Business Laws by NUJS, describes the process undertaken while investigating an International Cybercrime. 

 

There are 18 victims of cybercrime every second globally. The estimated annual cost of cyber security is 100 Billion Dollars. One in every ten people using Social Media have fallen victim to cyber attacks. If these statistics are not alarming enough to make us think and be aware of the processes of systematic investigation of Cybercrime then what is?

What is meant by International Cybercrime?

Though there is no universally accepted definition of International cyber crime, it is usually referred to illegal internet-mediated activities that often take place in global electronic networks. Cyber crimes are of various categories but there is one common feature between all these crimes, and that is they challenge the effectiveness of international law and the cooperation between nations.

What are the types of International Cybercrime?

International Cybercrimes are usually categorized into many broadheads. They are as follows:

 

Why do we need to think of the process of investigating International Cybercrime?

 

The need to introspect the approach to investigate cyber crimes is NOW. The rate at which cyber crimes are increasing is mentioned already and so have we discussed the facets of cyber crimes. Thus we see it is a phenomenon which is far more real than virtual and combating it would surely take a heavy toll on the nations.

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What is the process of investigation of International Cybercrime?

 

The process of international cyber crime investigation varies across countries. A better approach would be to see how state, national and international law enforcement agencies deal with cyber crimes.

Police Action 

As soon as an individual faces a case of a cyber crime he should refer or complain it to the nearest police station. It is immaterial whether it has a cyber cell or not. It is advisable that he must gather enough evidence to make his complaint look believable in the first place. The police on looking into the matter would categorize it into criminal or civil or in some cases both criminal and civil. On receiving the complaint, the police would:

Central Bureau of Investigation 

The CBI investigates a cybercrime through a specialized structure. It is as follows-

Interpol

Interpol is the world’s largest police organization. When it comes to investigating international cyber crime this agency can go a long way in ensuring full cooperation of the law enforcements agencies of various countries. Interpol helps to investigate the International Cybercrime investigation by:

 

Other Means

There are several other agencies and unions that cooperate to combat this global issue. This includes:

These were to name a few there are several other organizations that go a long way in ensuring international cooperation and thus better investigation of International Cybercrime.

 

What are the relevant cyber laws of India?

In the Indian context, the Information Technology Act 2000 and the Information Technology Amendment Act 2008 play a major role in cybercrime investigations.

Information Technology Act, 2000

Section 70A (1): An agency in case of emergency in matters related to cybercrime is created. This Act states that the Indian Computer Emergency Response Team serves as a nodal agency in respect of all Critical Information Infrastructure for coordinating all actions relating to information security practices, procedures, guidelines, response, and report.

Section 80: This section empowers the police officer to enter any public place to search and arrest.

Section 4: This section gives legal recognition is given to electronic records under this Section.

Section 79A: This section came into force after the amendment of 2008.

It stated that the Government is empowered to appoint any department, body or agency to investigate electronic records for proving electronic evidence in cyber crime cases.

 

Indian Evidence Act, 1872

Section 3: An amendment was made in the Act so as to make electronic records eligible to be produced in court for inspection. This went a long way in easing cyber crime investigation.

The Indian Penal Code, 1860

The world electronic records and documents were added in the IPC after the amendment after The IT Act came into effect.

The challenges faced in cases of International Cyber Crime 

When it comes to International Cybercrime, it is a venture full of challenges following are a few:

Way Forward

The means of overcoming the hindrances in the process of investigation is an extensive and wide subject. But following are a few basics that are needed to be followed:

The article highlights the bare essentials of investigating a case of cyber crime. But this is not all; cyber crime is ever expanding, and the number of victims is increasing every second. Following global trends in cyber crime is as important as staying vigilant because you never know who will be the next victim.

Because when it comes to WEB anybody can be trapped.

 

 


References:

The references for this article were derived from:

 

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