CHALLENGES FOR CYBER CASES IN PRESENT LEGAL SYSTEM AND NEED FOR CYBER COURTS
The system of cyber crime investigations suffers from various issues. The evidence in cyber crimes cases differ in nature and structure as compared to other conventional crimes, even the preservation techniques of both the pieces of evidence are different. Police officials at lower ranks are not well aware of Cybercrime facts. For example, mobile loss/theft case should be registered as cyber crime case because maximum mobile handsets are internet enabled and a lot of netizens are always logged on to social networking websites. In fact, these handsets are handy options to commit Cyber related Crimes. Every cybercriminal uses his unique style or logic to commit crimes hence; every case is a new challenge for the investigator. Use of techniques like Proxy servers, IP masking make tracing the IP address a challenge. In large corporate the numbers of PC’s are more, hence to identify the exact system used to commit the crime is time-consuming at the same time it gives ample time to the culprit to hide or destroy shreds of evidence.
Cybercrimes can be operated and manipulated remotely with the help of wireless dongles and communicating devices from an anonymous location, and in no time the Cybercriminal can change his location, hence tracking the location of cyber-criminal becomes difficult.
The courts which are presently trying cyber crimes are the same courts which are meant for traditional crimes. The judges and the trial lawyers are trained only for traditional crimes though there are few exceptions. Hence we need proper trial courts in Cybercrime specifically in order to render justice in cybercrime trial and criminal. The Courts have been playing a crucial role by playing legislators in absence of settled law on this point. The absence of a single determinant, harmonized & dominating the set of international rules for ascertaining jurisdiction over cyber space make it bit confusing and lacking area. One needs to realize the fact that laws are there for the society, so with the changing time & technology, the law needs to catch up with that. But judicial approach adopted by the developed countries poses an uphill task for our judiciary. However competitive legislation and suitable administration ensuring content filtration and strict surveillance are prototypical for building confidence and instilling faith in the system.
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