Cyber Forensic Crime Against Children Case Study

 Problem Statement: 

We have observed that the crimes against children and women are increasing across the globe. One such case came to your light when lady was mentally harassed with morphed pictures of her. Later intimidated for ransom. The incident has mentally tortured the lady. List down the help you would offer as forensics expert to the lady.

 1) for her (victim’s) safety against further crime  

2) for finding the perpetrator and tracking them down

 3) the laws that support the lady (In India) that she can use for punishing the offenders.  

Case Study Detailed Ananlysis 

a)

·       Keep a record of conversation as evidence

Person blackmailing you might have sent you the morphed image or had a conversation in the context of threat. These images or conversations will be supported as evidence. Record the conversation rather than just taking screenshots. In case the offender is blackmailing on a video call, screen record it. For applications like Snapchat, record it using an appropriate recording application or capture a picture of it.

In case an anonymous person is trying to blackmail you, keep conversations online. Internal data attached to the online message will help find the message’s location more quickly. Additionally, try to make conversation on messaging apps based in India. As per the police authority of the cyber cell police station, they find themselves incapable of resolving the case when the servers of social media sites are based outside India as they are out of the ambit of Indian law. This is to note that it is difficult to track the originator of the message in the case of WhatsApp.

·       Do not be an easy victim

Do not engage with the blackmailers as it will backfire all the solutions. The blackmailer may sense himself/herself/themself more potent in the situation, possibly resulting in incensed demands. The blackmailer may also come up with a claim that the accuser was also active in this act and that it was consensual.

No engagement with the blackmailer also means ‘no negotiation’. Negotiating or giving in to their demands just gives offenders more power – and they are likely to use this power to make even more threats.

·       File a complaint

Cybercrimes come under global jurisdiction; it means that one can file a complaint anywhere in India irrespective of your exact location. Reach out to your nearest cyber cell and report information of the blackmail to the authority present there.

One can also file an FIR in a local police station with a separate cyber cell office. If your application gets rejected, proceed to the Judicial Magistrate in the area where the application is filed.

·       Online medium to file a complaint

The Ministry of Home Affairs has launched an online National Cyber Crime Reporting Portal to file a report and track all cybercrime convenience. There are two types of cases filed in the said portal: women-related cases and other crimes (related cybercrimes). The victim will have to submit information such as name, state, platform where the incident occurred, an attached document of evidence to support the allegations, information related to the suspect, etc.

Even though the portal provides the option ‘reason for the delay in reporting’ if the victim delays in reporting, it’s appropriate if the report is filed in the initial stage of blackmailing.

·       Involve a lawyer expert in a cyber domain

One of the primary reasons for involving a cyber lawyer is to prevent morphed images/videos from being published. They can also put a short end to blackmail and threats.

b) Stegnography, geo location finding, Phone number and email address tracking,

using help from NIXI and ISP.

c) Legal provisions that safeguard you

Section 67 of the Information Technology Act, 2000

Section 67 of the Information Technology Act, 2000 imposes criminal liability on release or disclosure of any material which is inter alia lascivious or engages to the prurient interests. The punishment on the first sentence is imprisonment up to three years and with a fine of rupees five lakhs, and subsequent convictions to be punished with imprisonment up to five years and fine which may extend up to ten lakh rupees.

If the offender is a habitual offender, i.e., if the offender tries to morph and harasses again despite action against him/her, the punishment will be doubled.

Section 292 of the Indian Penal Code, 1860

According to Section 292 of the Indian Penal Code, 1860, a book, pamphlet, paper, writing, drawing, painting, representation, figure, or any other object shall be deemed obscene if it is lascivious or appeals to the prurient interest or its effect (is) such as to tend to degrade and corrupt a person.

Section 509 of IPC (Insult to the modesty of a woman)

Section 509 penalizes abusing the dignity of a woman. This Section is frequently used in consonance with other sections of IPC involving sexual assault. As per this Section, whoever intends to insult the modesty of any woman by using any word, sound, gesture, or exhibit any object, intentionally that intrudes upon the privacy of such woman is punishable.

In the case State of Punjab v. Major Singh (1996), it was held that any act done in the presence of a woman that is indicative of sex according to the common notion of mankind is covered under this Section. To be more precise in the context of the topic, any message that conveys lascivious or lustful comments upon the body of a girl and circulating the image is covered in the said Section. The punishment for the act of damaging the dignity of a woman under this Section is imprisonment up to one year, or fine, or both.

Section 499 and 500 IPC (defamation)

Defamation is one recourse a victim can take in such a situation. According to Section 499 of IPC, either creating or publishing ostensibly defamatory remarks about a person in the form of words or writing or visible representations that potentially harm a person’s reputation is culpable or punishable. Therefore, if a person is trying to harm someone’s image or reputation, it will be considered an offence and will come under this section.

The victims can also choose to take support under Section 500 of the Indian Penal Code. Section 500 of IPC provides the penalty for defamation, which can be simple imprisonment for up to two years with or without a fine.