4-Digital Evidences
Digital Evidence: Digital evidence is any information or data that can be confident or trusted and can prove something related to a case trial, that is, indicating that a certain substance or condition is present.
some of the popular electronic devices which are potential digital evidence are: HDD,CD/DVD media, backup tapes, USB drive, biometric scanner, digital camera, smart phone, smart card, PDA etc.
Forms of digital evidence:
Text messages, emails, pictures, videos and internet searches are most common types of digital evidences.
Digital evidence are used to establish a credible link between the attacker, victim, and the crime scene. Digital evidences may be in the form :
Forms of digital evidence:
5. Compressed files
6. Temp files
7. Recycle bin
8. Web history
9. Cache files
10. Cookies
13. Registry
14. Unallocated space
15. Slack space
16. Web/email server access logs
17. Domain access logs
Best Evidence Rule
Original copy of the document is considered as superior evidence.(such as any printout, data stored in a computer or similar devices or any other output)
Best evidence, complete copy or a copy which includes all necessary parts of evidence.
Rules of Digital evidence(Law of Evidence)
These are legal principles that govern all the proof of facts. This rule helps us to determine what evidence must or must not be considered by a trier of fact.
The rules must be:
Types of Digital evidence
Types of Digital evidence
4. Explainable evidence : It is used in criminal cases in which it supports the dependent.
5. Substantial evidence: A proof that is introduced in the form of a physical object, whether whole or in part is referred to as substantial evidence. Also called physical evidence.
6. Testimonial(declaration) : It is the kind of evidence spoken by the spectator(viewer, watcher, observer) under the oath, or written evidence given under the oath by an official declaration that ia affidavit.
Characteristics of Digital evidence
2. Digital stream of bits
cohen refers to digital evidence as a bag of bits, which in turn can be arranged in arrays to display the information.
Challenges in evidence handling
2. Chain of custody :
Importance to the court
It is possible to have the evidence presented in court dismissed if there is a missing link in the chain of custody. It is therefore important to ensure that a wholesome and meaningful chain of custody is presented along with the evidence at the court.
Following procedure is followed to establish the chain of custody.
Consideration are involved with digital evidence
4. Consider safety of personnel at the scene.
3. Interview the system administrator and users.
4. Identify and document the types and volume of media, including removable media.
5. Document the location from which the media was removed.
6. Identify offsite storage area and/or remote computing locations.
7. Identify proprietary software.
8. Determine the operating system .
Volatile evidence
Order of volatility :
Case Studies
Case 1 : Credit card fraud
State : Tamil Nadu
City : chennai
Section of Law : Section of Law:66 of Information Technology Act 2000 & 120(B), 420,467,468,471 IPC
Background
The assistant manager ( the complainant) with the fraud control unit of a large business process outsourcing(BPO) organization filed a complaint alleging that two of its employees had conspired with a credit card holder to manipulate the credit limit and a s a result cheated the company of INR 0.72 million.
Case 2:Hosting obscene profiles
Stae: tamil nadu
City: chennai
Sections of law : 67 of information technology
Act 2000 469, 509 of the Indian
Panel code
Background
The complainant stated that some unknown person had created an email ID using her name and had used this ID to post message on five web pages describing her as a call-girl along with her contact numbers
As a result she started receiving a lot of offending calls from men
Case 3: illegal money transfer
State : maharashtra
City : pune
Sections of law : 467,468,471,379,419,420,34 of IPC & 66 of IT ACT
BACKGROUND:
The accused in this case were working in a BPO, that was handling the business of a multinational bank. The accused, during the course of their work had obtained the personal identification numbers (PIN) and other confidential information of the bank’s customers. Using these the accused and their accomplices, through different cyber cafes, transferred huge sums of money from the accounts of different customers to fake accounts.
CASe- 4 : Take Travel Agent
State: Maharashtra
City : Mumbai
Sections of Law: 420,465,467,468,471,34 of IPC 143 of Indian railway Act 1989.
Background
The accused in this case was posing to be a genuine railway ticket agent and had been purchasing ticket online by using stolen credit cards of non residents. The accused created fraudulent records/profiles, which he used to carry out the transactions. The tickets so purchased were sold for cash to other passengers. Such event occurred for aperiod of about four months.
The online ticket booking service provider took notice of this and lodged a complaint with cyber crime investigation cell.
CASe- 5 : Creating fake profile
State: Andhra pradesh
City : Hydrabad
Sections of Law: 67 Information Technology Act 2000 507,509 of the Indian panel code
Background
The complainant received an obscence e-mail from an unknown e-mail ID. The complainant also notice that obscene profile along with photographs of his daughter had been uploaded on matrimonial sites.
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