Cybercrime in Assam: Law Enforcement and Collective Responsibility

Hriday Sharma

(bublu1253@gmail.com)

Cybercrime has become a pressing issue in Assam, reflecting a broader global trend of rising digital threats. As our daily lives become more entwined with advanced technology—from digital banking and online shopping to social media interactions—the risks associated with cybercrime grow significantly on an everyday basis. Globally, cybercriminals are using sophisticated tactics, exploiting the systems that we rely on for convenience and security. In India, this trend is equally concerning. With a rising number of cybercrime cases each year, it’s clear that both the public and the authorities need to work together more effectively to address and prevent these threats.

In Assam, despite ongoing efforts to tackle cybercrime by the Assam Police and the Indian Cyber Crime Coordination Centre (I4C), significant challenges remain. According to the National Crime Records Bureau (NCRB), cybercrime cases surged from 1,733 in 2022 to 7,621 in 2023. Despite this sharp increase, the state’s conviction rate remains alarmingly low at just over 4%. This highlights the scale of the problem and the urgent need for a more effective, coordinated response to combat this growing menace.

Recently, the Assam Police have taken substantial steps to combat cybercrime. In June 2024, they arrested two individuals in Karimganj for selling fake cryptocurrencies through the BitForex app. The police recovered Rs 50 lakh in cash and other incriminating materials, signalling a significant crackdown on financial fraud. This preceded a major breakthrough in May 2024, where 14 cybercriminals were apprehended in Morigaon and Guwahati. During this operation, the police seized 362 SIM cards, 11 PAN cards, 50 bank passbooks, 25 ATM cards, three laptops, and 34 mobile phones. These arrests disrupted a major cybercrime network and demonstrated the Assam Police’s commitment to addressing this growing threat.

The establishment of the Cyber Crime Cell at the CID Headquarters in Ulubari, Guwahati, represents a significant advancement in managing complex cybercrime cases. This unit is designed to tackle sophisticated crimes such as social media fraud, email hacking, and financial fraud—mainly in regions where district police and local law enforcement agencies may lack expertise. The creation of this cell reflects a strategic approach to modern cybercrime and strengthens the state’s ability to address these challenges. As noted by former Director General of Police Bhaskar Jyoti Mahanta, its creation is a crucial step toward enhancing the state’s capacity to combat digital crime effectively.

The Assam Police have made significant strides in enhancing their cybercrime response capabilities. In 2021, the launch of the Cyber Forensic Lab cum Training Centre marked a major advance, improving forensic capabilities and providing officer training with the latest tools. The introduction of Cybercrime First Responder Kits to police stations in high-cybercrime areas represents a substantial technological investment. The introduction of the responder kits, distributed to police stations in high-cybercrime areas, represents a substantial investment in technology. Each kit, costing Rs 13 lakh, includes advanced tools for digital evidence collection and analysis, crucial for investigating cybercrime and prosecuting criminals.

The launch of the Citizen Financial Cyber Fraud Reporting and Management System has been transformative. The 24/7 help desk, accessible through the helpline number 1930, offers immediate support to victims of financial fraud, enabling swift action to block fraudulent transactions. Since its launch, the system has prevented losses of over Rs 1,200 crore across more than 4.7 lakh complaints. This proactive measure has effectively protected many individuals from financial harm and underscores the state’s commitment to tackling cybercrime. These efforts reflect a forward-thinking strategy to enhance Assam’s capability to address evolving digital threats.

Despite these advancements, a robust legal framework remains essential for effectively addressing cybercrime. The Information Technology Act, 2000 (IT Act 2000) is a cornerstone of India’s legal system for combating cyber offenses. Section 43 of the IT Act imposes penalties for unauthorized access to computer systems, data theft, and introducing viruses, while Section 66 prescribes imprisonment and fines for dishonest cyber activities. Section 67 addresses the publication of obscene content online, and Sections 4 and 5 ensure the legal validity of electronic records and digital signatures, ensuring that such evidence is admissible in court. These provisions are vital for strengthening the legal framework for effective digital investigations in an era of increasingly sophisticated cybercrime.

In parallel, the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, which replaces the Code of Criminal Procedure, 1973, underscores the importance of thorough forensic evidence collection for serious offences, as outlined in Section 176. It recognizes the growing significance of digital evidence, with Section 63 allowing court summonses to be issued in either written or encrypted electronic form, making them vital in cybercrime cases. The Bharatiya Nyaya Sanhita (BNS) 2023, which replaces the Indian Penal Code, 1860, takes a firm stance on the integrity of electronic records. Section 210 penalizes individuals who intentionally withhold or fail to produce electronic records when legally required by a court, with penalties including simple imprisonment for up to six months or a fine of up to ten thousand rupees. Moreover, Section 201 ensures that public servants who knowingly falsify or incorrectly prepare electronic records, risking harm to others, face serious consequences, including up to three years in prison. These provisions highlight the crucial role of electronic evidence in modern legal and investigative processes, particularly in tackling cybercrimes.

In addition to these legal measures, tackling cybercrime is not solely the responsibility of the police. It requires a collective effort involving the legal community, the general public, and other government agencies. The legal fraternity must be adept at handling digital evidence and navigating the complexities of cyber law to ensure effective prosecution. Public awareness is crucial; individuals must be educated about online safety and encouraged to report suspicious activities promptly. Government investment in infrastructure, training, and technology is essential to keeping pace with evolving cyber threats and supporting law enforcement efforts.

The global and national nature of cybercrime adds another layer of complexity. Cybercriminals often operate across international borders, leveraging global connectivity to orchestrate attacks. This requires collaboration with international agencies and adaptation to global cybercrime trends. Similarly, within India, cybercriminal networks often span multiple states, necessitating coordination between state and central authorities. Local stakeholders must stay informed about both international and national cybercrime trends and technologies. This includes participating in national forums and sharing intelligence across state lines to effectively address and combat the evolving digital threats. By enhancing these collaborative efforts, Assam can strengthen its ability to tackle cybercrime and adapt to the rapidly changing digital landscape.

In essence, the escalating battle against cybercrime in Assam reveals a crucial truth: combating this menace requires more than just advanced technology and law enforcement. As digital threats become increasingly sophisticated and global in scope, Assam must foster a united front that includes not only the police and legal community but also the public and international partners. This collective effort—grounded in strong legal frameworks, proactive measures, and cross-border collaboration—will be essential to securing a safer digital future for Assam. The path forward demands vigilance, adaptability, and a shared commitment to outsmarting the evolving threats of the cyber world.

Author: Dr. Hriday Sarma is a Guwahati based advocate.