Courts to approach during Cybercrimes
According to Information Technology Act, a cybercrime has global jurisdiction and the complaint for the cybercrime can be file at any cyber cell.
At the initial level, the complainant can approach the cyber-crime police stations, or to a police station in its absence. Once the information reveals the commission of a cognizable offence under the IT (Amendment) Act, 2000, the details regarding the nature/modus operandi of the cyber- crime is recorded in the complaint, e.g., , profile name in case of social networking abuse, with the allied documents like, server logs, copy of defaced web page in soft copy and hard copy etc. Subsequent to this, a preliminary review of the entire scene of the offence is done to identify and evaluate the potential evidences. A pre-investigation technical assessment is also conducted to make the Investigating Officer fully aware about the scope of the crime, following which a preservation notice is sent to all the affected parties for preserving the evidence. To ensure the integrity of the evidence, containment steps are taken to block access to the affected machines. Affecting the evidentiary value of the digital evidence, maintaining the chain of custody and a documentation record of the same is in the nature of a mandate on the Investigating Officer, since its non-observance might expose the IO to criminal liability under Section 72 of the IT (Amendment) Act, 2008.
After filing the complaint the, the procedure will go according to the Criminal Procedure Code , the , the case will be brought to District and Session Court and then , the Court will do the further proceedings of the case .
The Jurisdiction of the Court cannot be challenged because there is no particular jurisdiction of cyber Crimes happening globally. Cybercrime by its very nature can be perpetrated in practically any location in the world. A cybercriminal can sit in one place and commit a crime the effect of which are felt elsewhere, or can malign the name or identity of another person located elsewhere, or even create the false impression that someone else has committed the crime. In such circumstances, it is very necessary that the investigating machinery should take care while investigating, particularly in light of the highly stringent provisions of the IT Act, which prescribe bailable but cognizable offences. The investigations are also dependent on intermediaries such as Internet service providers. There are no proper provisions to ensure accountability of intermediaries for their functions in aiding police investigations.
The procedure will be followed as mentioned in Criminal Procedure Code.
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