Digital evidence: A crucial pillar in Mumbai's criminal cases

A commonly shared sentiment among crime investigators is encapsulated in the phrases "every criminal leaves a trace" or "every criminal leaves a clue behind the crime." These expressions underscore the concept that, regardless of a criminal's level of caution, there is invariably some form of evidence or clue available that can aid in tracing their identity or unravelling the mystery of a crime.

According to recent National Crime Records Bureau (NCRB) data, a significant spike in cybercrime cases across Mumbai and the state of Maharashtra was witnessed in the year 2022.

Mumbai, the financial hub, and Maharashtra have witnessed a substantial surge in cybercrime cases, according to the NCRB report. In 2022, Mumbai recorded a staggering 64.5 per cent increase in cybercrime cases, with 4,724 cases reported compared to 2,883 in 2021. Maharashtra, as a whole, reported 8,249 cybercrime cases in 2022, reflecting a sharp rise from 5,562 cases in the preceding year. The report attributes the motive behind 64.8 per cent of these cases to fraud, with other motives including extortion (5.5 per cent) and sexual exploitation (5.2 per cent).

In a city like Mumbai, digital clues have been playing an important role in solving complicated cases including cyberstalking, cyberbullying, cybercrimes or murder conspiracies and financial frauds. From cybercrimes to traditional offences, the integration of digital evidence has proven to be a game-changer in ensuring the solidity of criminal cases.

Law enforcement agencies in Mumbai have embraced technological advancements to strengthen their investigative capabilities. Digital evidence, encompassing data from computers, mobile devices, and online platforms, has become an indispensable asset in building watertight cases against perpetrators.

An official said, "In criminal cases one of the primary advantages of digital evidence lies in its ability to provide a digital footprint, offering investigators a comprehensive timeline of events. In cases ranging from financial fraud to cyberbullying, digital trails often serve as irrefutable proof, leaving little room for doubt in the court of law."

He emphasised the transformative impact of digital evidence and further said, "In the digital age which is mostly dominated by technology, we must adapt our investigative methods. Digital evidence not only expedites the investigation process but also adds a layer of objectivity that is unparalleled. Tracing criminals becomes easier once digital clues are in place. In case of cybercrime, the IP address, mobile phone numbers, email addresses and even social media accounts are important to trace the culprits."

He said, much has changed in recent times, street crimes have dropped significantly as compared to the previous years when Mumbai did not have CCTV surveillance system in place, today monitoring of sensitive areas, important events, festivals, gatherings and criminal tracing is done through CCTV surveillance system which helps in curbing crimes and immediately responding to a given situation.

Moreover, the prevalence of social media in Mumbai's digital landscape has further amplified the significance of digital evidence. Posts, messages, and multimedia shared on platforms like Facebook, Instagram, and WhatsApp often provide critical insights into the motives and activities of a person involved in criminal acts thereby helping in curbing criminal intentions.

However, the use of digital evidence comes with its own set of challenges. Ensuring the integrity and admissibility of electronic data in court requires meticulous handling and adherence to stringent protocols. The Mumbai Police have invested in training their personnel to effectively collect, preserve, and present digital evidence, ensuring that it withstands the scrutiny of legal proceedings.

Advocate (Dr.) Prashant Mali, Cyber Law & Data Protection Lawyer said, "Digital or electronic evidence as mentioned in the law is the most volatile form of evidence. India needs Digital evidence collection, storage, management and production rules which can be framed under The IT Act, 2000 or The Indian Evidence Act. Workflow software to handle Electronic evidence in all police stations is required."

As Mumbai continues to embrace technological advancements, the collaboration between law enforcement and digital experts becomes increasingly vital. Cyber forensic teams, equipped with the latest tools and expertise also play an extremely important role in extracting and analysing digital evidence, thereby contributing to the success of criminal investigations and eventually convictions.

Cyber expert and cybercrime investigator Ritesh Bhatia, said, "Fear-driven deletion by victims and improper handling by law enforcement create vulnerabilities. Accessing devices without preserving images compromises integrity. Courts, often unfamiliar with intricate internet technology, face hurdles in interpretation. The imperative lies in sensitising all stakeholders about the meticulous handling of digital artefacts. Establishing specialised cyber courts, led by judges well-versed in technology, becomes the need of the hour. Only through awareness, proper procedures, and expertise can we ensure the watertight integrity of digital evidence, safeguarding justice in the evolving landscape of crime."