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India’s Cyber Forensics Push Since 2020
India’s Cyber Forensics Push Since 2020: Building National Capacity for Digital Investigations
Context: Since 2020, India has intensified its cyber forensics capabilities to combat rising cybercrimes, enhancing national security through advanced labs, specialised training, and legal reforms to ensure robust digital investigations.
What Prompted India’s Push for Cyber Forensics Since 2020?
- Surge in Cybercrime: India recorded 65,893 cybercrime cases in 2022 alone, marking a sharp 24.4% increase from the previous year, highlighting the urgent need for robust digital investigative infrastructure.
- Types of Cybercrimes: These include online financial fraud, identity theft, ransomware attacks, and distribution of child sexual abuse material (CSAM).
- Digital Transformation: With one of the world’s largest digital populations, the nature of crime itself has transformed, often originating in cyberspace.
What Are the Key Institutions and Initiatives Driving India’s Cyber Forensics?
- Indian Cyber Crime Coordination Centre (I4C): Operational since January 2020 under the Ministry of Home Affairs (MHA), I4C is the national nodal agency for cybercrime prevention and response.
- National Cyber Forensic Laboratory (NCFL): A core initiative under I4C, providing advanced forensic capabilities and divided into specialized divisions.
- Central Forensic Science Laboratories (CFSLs): Now equipped with mobile forensics, cryptocurrency tracking, and secure cloud data analysis, linked through a national e-Forensics IT platform.
- Cyber Crime Prevention against Women and Children (CCPWC) Scheme: Funds forensic labs and training across 33 States and Union Territories, with over 550 mobile forensic vans deployed for on-site investigations.
- National Forensic Sciences University (NFSU): Upgraded to national status in 2020, offering courses and research in digital forensics and cyber investigations.
What Legal and Policy Frameworks Support Cyber Forensics in India?
- Section 65B, Indian Evidence Act: Supreme Court clarified that digital records must be properly certified under Section 65B, providing legal clarity for digital evidence in courts.
- CERT-In Rules: Under Section 70B of the IT Act, service providers must retain user activity records for 180 days, and VPN/cloud providers must store subscriber details for five years, improving traceability.
- Content Takedown and Data Preservation: I4C, since 2024, is a notified agency under Section 79(3)(b) of the IT Act, allowing it to issue takedown and preservation notices.
- Sahyog Portal: Streamlines legal coordination among law enforcement, service providers, and digital platforms, reducing bureaucratic delays.
What are the main challenges facing India’s cyberforensics ecosystem?
- Uneven Development: Disparities exist in lab equipment, software, and skilled personnel across states, especially in rural and remote areas.
- Shortage of Qualified Professionals: Many labs face acute shortages of trained forensic examiners, with high attrition due to better private sector opportunities.
- Legal and Procedural Hurdles: Frequent technical objections in courts and challenges in procedural compliance for digital evidence admissibility, despite clarifying legal precedents.
- Cross-Border and Encrypted Data: Investigators often face difficulties accessing encrypted or cross-border data, with mutual legal assistance treaties (MLATs) involving bureaucratic delays.
- Conviction Rates: Despite rising cybercrime cases, enforcement outcomes remain low—for example, only 22.6% of Bengaluru’s cases resulted in a chargesheet in 2022.
What Are the Technology and Infrastructure Enhancements?
- National e-Forensics IT Platform: Integrates over 117 state and central forensic labs, enabling encrypted data transfer and real-time collaboration.
- Mobile Forensic Vans: Over 550 vans equipped for on-site data extraction, device cloning, and digital triage, especially useful in rural areas.
- High-End Tools and Software: States receive assistance to procure advanced forensic tools and software under various central schemes.
What Is the Strategic Direction and Outlook for India’s Cyber Forensics?
- Convergence of Standards and Skills: The focus is on standardising protocols, enhancing skilled human resources, and building secure digital infrastructure.
- Inter-Agency Coordination: Improved coordination among law enforcement, forensic labs, and judicial bodies is gradually creating a national ecosystem for cyber investigations.
- Sustained Investment and Oversight: Continued political will, funding, and rigorous oversight are essential for transitioning from fragmented readiness to a robust, harmonized cyber forensic regime.
