The worldwide usage of mobile and smart devices like computers and laptops has been on the upheaval for the past sometime and have been the major component when it comes to transformation of all the traditional data forms to digital forms. These smart devices come with large space faction with minimal cost and store within them a large chunk of data which is majorly individual centric. Because of this change from the traditional mode, we have also become quite prone to and vulnerable to cyber attacks and computer related offences as defined under the Information Technology Act, 2000. So, a parallel is drawn between the increase in new digital devices or technologies with offenders finding new ways to counter all of them and commit unique cyber-crimes. As a result, it is very clear that though we are growing in terms of new technologies, we are also equally putting ourselves at immense cyber risk at each point of time when we are using such technologies. We have seen that trial and criminal investigations have been through a surreal change in recent years. Technology plays a major role when it comes to cyber-crime forensic investigations, while on one hand we can say that the offenders exploit all technological barriers to commit a particular crime in the online world, similarly the investigators cater such advanced techniques to uncover the chain of evidences that led to the commission of such computer-related crime.7 As far as the objective of cyber forensic investigation is concerned, it is mainly on the similar lines like the traditional method i.e., the identification of such digital evidence, its preservation and analysis and thereafter its presentation before the court. This presentation highlights some of the crucial outline of the AI-based cyber forensic tools used for collection of digital evidences. Thereafter, how far Indian courts have been at the forefront of finding such evidences relevant and admissible.

1. ARTIFICIAL INTELLIGENCE BASED
CYBER FORENSICS TOOLS: RELEVANCY
AND ADMISSIBILITY
Submitted to: Prof. (Dr) Yogendra Kumar Srivastava
CYBER FORENSICS AND CYBER CRIME
Submitted by: Anadi Tewari
Master of Laws-LLM (Technology and Law)
Hidayatullah National Law University, Raipur

2. INTRODUCTION
‘Digital Forensics’ is referred to as “the use of scientifically derived
and proven methods toward the preservation, collection,
validation, identification, analysis, interpretation, documentation
and presentation of digital evidence derived from digital sources
for the purpose of facilitating or furthering the reconstruction of
events found to be criminal, or helping to anticipate unauthorized
actions shown to be disruptive to planned operations.
o M/s PPK NewsClick Private Limited v. UOI & Others (2023)
o Foundation for Media Professionals v. Union of India &
Others
o Technology plays a major role: its usage by offenders &
investigators [identification of digital evidence, preservation
and analysis and presentation before the court
o History & Advancement of Digital Forensic: India & Global level
CYBER FORENSICS AND CYBER CRIME

3. METHODOLOGY OF DIGITAL FORENSICS
CYBER FORENSICS AND CYBER CRIME

4. o Information Technology Act, 2000 (incl. 2008 amendment), Evidence Act, EUGDPR, Electronic
Communications and Privacy Act, 1986 and Federal Rules of Civil Procedure of USA. Bhartiya
Nagrika Suraksha Sanhita, 2023 and Bhartiya Sakshya Adhiniyam, 2023.
o Lack of any standardization in the data collected also creates a nuisance when it comes to drawing
an analysis, which seems very complex for human beings but is equally on the same footing for the
digital forensic tools as well.
o When advanced tools are being used for extraction of digital evidence, emphasis must also be put
that individual rights are not compromised; focus should remain on the justice delivery and
ensuring realization of rights.
ADVANCEMENT OF DIGITAL FORENSICS: INDIA & GLOBAL
CYBER FORENSICS AND CYBER CRIME

5. o Enactment of new forensic technologies vis-à-vis Rule of Law.
o AI and Machine Learning based techniques: advanced and faster than
traditional means; creating another human to assist human in a more
accurate way [ISRAEL COLLECTING DIGITAL EVIDENCE FOR WAR
CRIMES CASES AGAINST HAMAS]
o Faster and quick-paced investigations; machine learning helps in automatic
analysis of data without requirement of any additional programming. (easy
analysis of Big data)
o Traditional method of forensic investigation majorly emphasises on search
and analysis of digital devices which is also manually and could be prone to
certain errors. However, with AI-based tools, results are seen in terms of
how automation process of collecting evidence is there by mitigating the
time and effort that was originally being put.
o DEEP LEARNING: Combination of neural networks for probable pattern
detection and could be regarded as the advanced version of segregating the
important pieces of evidence that is needed by the investigator to reach to a
probable conclusion.
TOOLS OF DIGITAL FORENSICS: AI & MACHINE LEARNING

6. SAFE STORAGE TECHNOLOGIES FOR DIGITAL EVIDENCE
HASHING TECHNIQUE (DIGITAL
FOOTPRINT)
LONG TERM STORAGE (DISTRIBUTED
LEDGER)
CYBER FORENSICS AND CYBER CRIME

7. o Australia: Uniform Evidence Acts, 1985; United Kingdom: United
Kingdom Police and Criminal Evidence Act, 1984; Section 20 and
Section 69; USA: The wiretap act, the pen registers and trap an trace
devices statute, and the stored wired and telecommunication act and
4th amendment.
o Shreya Singhal v. UOI (2015): SC called for cyber-crime’s systematic
regulation and has also emphasised on the lack of procedural checks
that persists.
o Information Technology Act, 2000 (incl. 2008 amendment), SECTION
65B(4) of Evidence Act, EUGDPR, Electronic Communications and
Privacy Act, 1986 and Federal Rules of Civil Procedure of USA.
Bhartiya Nagrika Suraksha Sanhita, 2023 and Bhartiya Sakshya
Adhiniyam, 2023.
o BSA 2023: Section 61: electronic evidence is being treated at par with
the primary evidence; Section 63(4)(c): introduces Format of creation of
Certificate for creation of electronic or digital records.
DIGITAL EVIDENCE: RELEVANCY AND ADMISSIBILITY

8. ADMISSIBILITY OF ELECTRONIC EVIDENCE: JUDICIARY AT
FOREFRONT
Requirement of Certificate under Section 65B:
o NCT of Delhi v. Navjot Sandhu (2005)
o Anwar PV v. PK Basheer (2014): Can be produced at any stage if trial is not over.
o Tomaso Bruno v. State of UP (2015): requirement of certificate not mandatory.
o Shafhi Mohammed v. State of Himachal Pradesh (2018): requirement of certificate could be
relaxed by courts.
o Arjun Khotkar v. KK Gorantyal and Others (2020): View in Anwar upheld.
o State of Karnataka v. T Naseer (2023): Certificate can be produced at any stage of trial.
o Virendra Khanna v. State of Karnataka (2021; KHC): Guidelines issued for search of
smartphones, laptops, electronic gadgets, email accounts etc.
o Rakesh Shetty v. State of Karnataka (2020; KHC): Investigating agency cannot retain
username/password of accused person’s social media platform.
o XXX v. State of Kerala (2023; KeHC): Guidelines issued on handling of digital evidences
containing sexually explicit materials.

9. KEY FINDINGS AND FUTURE SUGGESTIVE DIRECTIONS
Effectiveness; improvement in comparison to traditional tools; challenges arising in
admissibility of electronic evidences; ethical and legal concerns to privacy.
KEY FINDINGS
Future Suggestions
Establishing industry-wide norms and guidelines for the usage of AI-powered
cyber forensics technologies; Ethical guidelines should be developed to govern
the use of AI in cyber forensics, ensuring that investigations prioritize privacy
and adhere to ethical standards while effectively combating cybercrime [Refer
to SC and KHC and KeHC guidelines]

10. CREDITS: This presentation template was created by Slidesgo, including icons by
Flaticon, and infographics & images by Freepik
THANKS!
Do you have any questions?
anadi.23727@hnlu.ac.in
+91 8299338062
CYBER FORENSICS AND CYBER CRIME