Hriday Sarma
(hridaysarma@yahoo.co.in)
The recent surrender of Assamese actress Sumi Borah and her husband Tarkik Borah, both implicated in a staggering Rs2,200 crore financial scam, has cast a fresh spotlight on the growing menace of cybercrime in India. This high-profile case, involving an elaborate online stock market investment fraud, was unravelled through digital forensics. The Assam Police, using specialized forensic techniques, tracked the couple’s online activities and financial transactions, leading to their arrest after weeks of evasion. The case underscores the critical role of computer forensics in addressing modern cybercrime and ensuring that offenders are brought to justice.
In today’s world, where technology permeates every aspect of life, the role of computer forensics has gained unprecedented importance. This specialized field helps investigators uncover and document digital evidence, ensuring that justice is served in an era plagued by cyber threats. In India, this field has become even more critical with the introduction of new legal frameworks, which are reshaping how cybercrimes are tackled and how evidence is collected and presented in court.
Computer forensics focuses on the recovery, investigation, and preservation of material found on digital devices, such as computers and smartphones. Unlike physical evidence, digital data is highly fragile and can be altered or deleted in an instant. This makes it crucial for investigators to employ sophisticated techniques to safeguard the integrity of the evidence. What was once limited to recovering lost or deleted files has now expanded into a wide-ranging process that involves tracking hackers, exposing cyber frauds, and predicting future attacks by analysing digital footprints.
India has recently undergone a significant transformation in its legal system with the introduction of new laws like the Bhartiya Nyaya Sanhita (BNS), Bhartiya Nagarik Suraksha Sanhita (BNSS), and Bhartiya Sakshya Adhiniyam (BSA). These laws have overhauled how the country deals with crime and justice, especially in the domain of cybercrime. For instance, Section 105 of the BNSS mandates that searches and seizures must now include audio and video recordings, increasing transparency and ensuring a clear trail of forensic operations. Furthermore, Section 176(3) requires forensic experts to collect evidence at crime scenes for offenses punishable by seven years or more, a provision designed to prevent tampering and ensure accuracy.
Assam, much like other parts of India, has witnessed a steady rise in cybercrime. With the state’s expanding IT infrastructure, it has become a prime target for digital criminals. The most recent case that has shaken Guwahati to its core is the Grihalakshmi Cooperative Society investment fraud in Azara. This scheme, which promised low-interest loans and lucrative returns through weekly and monthly instalments, defrauded thousands of people, siphoning off crores of rupees. The scam, which is still unfolding, came to light when depositors were left empty-handed after their policies matured, sparking widespread outrage and legal action.
Computer forensics is playing a pivotal role in the investigation, helping track the financial digital trail and uncover the fraudulent practices. The Azara police have seized records and digital evidence from the society’s offices, using this information to apprehend key figures, including Indrani Das, the director, and Jiten Deka, the founder. The electronic evidence gathered will be crucial in the prosecution, highlighting the indispensable role computer forensics plays in bringing perpetrators of financial cybercrimes to justice.
The new Indian criminal laws have reshaped the prosecution of cybercrime, treating it as an organized crime when committed by syndicates, with severe penalties in place. The recognition of digital evidence as primary, as outlined in Section 57 of the BSA, means that electronic records can now stand on their own in court, without the hurdles that previously complicated their admissibility. This is particularly relevant in Assam, where digital records are integral to businesses and educational institutions alike, facilitating faster investigations and delivering justice more efficiently.
However, while the legal framework has evolved, the challenge lies in ensuring that the authorities have the expertise and resources to enforce these laws effectively. Assam, like many other regions, is still building its capacity in the area of digital forensics. Investments in training law enforcement officers, setting up digital forensic labs, and holding workshops on the latest forensic technologies are essential to meet the growing demand for specialized skills.
Yet, these challenges also present opportunities. With the growing emphasis on digital forensics, Assam could potentially become a hub for cybersecurity and forensic technologies. Educational and vocational programs could be developed to focus on these fields, producing experts who not only bolster the capabilities of local law enforcement but also contribute to making the region a centre of innovation in this critical area.
Looking ahead, the future of computer forensics in India, alsoincluding in Assam, will be shaped by the integration of cutting-edge technologies such as artificial intelligence (AI) and machine learning (ML). These tools can help investigators sift through vast amounts of digital data to detect patterns and anomalies that may indicate illegal activities. However, as with any new technology, caution is necessary. Ensuring that AI systems are transparent and accountable is vital to protecting privacy and preventing wrongful accusations.
Multi-stakeholder and cross-sectoral collaborations will also be key to advancing this field. Partnerships between government agencies, the private sector, and academic institutions can lead to the development of new forensic tools tailored to the specific types of cybercrimes emerging in Assam and beyond. This collaboration can help create a system that not only solves crimes but prevents them, making cyberspace safer for everyone.
The recent overhaul of India’s legal framework, with its emphasis on digital forensics, marks a significant turning point in how cybercrime is addressed. For Assam, this shift presents both a challenge and an opportunity. By focusing on developing the necessary skills and infrastructure—such as the newly inaugurated cybercrime police stations, one at the CID headquarters with statewide jurisdiction and another at the Guwahati City Commissionerate with citywide jurisdiction, along with the Cyber Forensic Lab at CID headquarters—Assam is well-positioned to become a leader in digital justice, helping to shape the future of cybercrime investigation and prosecution in India.
As technology continues to advance, the role of computer forensics will only grow more significant. Assam is on its way to realizing the wherewithal to deal with emerging realities in the digital age. Embracing this opportunity will not only enhance the state’s capabilities but also position it as a beacon of innovation and effectiveness in the global fight against cybercrime. However, for these efforts to be fully effective, public cooperation and agility are crucial. The community must stay informed, vigilant, and responsive to evolving threats, working in tandem with law enforcement to ensure a safer digital environment for everyone.
Dr. Hriday Sarma is a Guwahati-based advocate.