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KERALA POLICE

STANDARD OPERATING PROCEDURE

DIGITAL EVIDENCE
RELATED TO CRIMES AGAINST
WOMEN AND CHILDREN
PREFACE
Justice C.N. Ramachandran Nair
Commission on Police and Prisons Reforms has
recommended that the digital evidence,
especially that which related to crimes against
women and children, are to be collected
immediately (or as early as possible) and then,
preserved scientifically because any delay or
lapse in the collection and preservation of
these digital materials can result in the
unavailability of some valuable digital
evidence of the perpetrator’s criminal activities
and so, can be ultimately unhelpful to the victims.
In this connection we have issued, time and again, various
instructions and those have to be complied with. However, we don’t have
a consolidated SOP.
Therefore, I directed to prepare a Standard Operating Procedure
(SOP) which will help the investigators to follow proper procedure in
collection of digital evidence, to collate them and present them before
Courts. Sri. S.Sreejith IPS, ADGP Crimes; Sri. Kori Sanjaykumar Gurudin
IPS, DIG TVPM Range and Sri. E.S.Bijumon, Addl. SP, Hi-Tech Cell, PHQ
have done excellent work in comprehensively preparing the SOP.
I compliment the Officers for their work of diligence, sincerity, skill and
knowledge.
I am sure this SOP will be very useful to one and all and these
procedures are to be followed by the concerned Police Officer. As the
technology is changing, there will be a requirement to change the SOP
over the period of time. Therefore, the Nodal Officer of the Cyberdome,
ADGP of the Crime Branch and the Chief of the Kerala Police Hi-Tech
Cell, PHQ must issue timely amendments and make necessary changes as
per requirement.

LOKNATH BEHERA IPS


DGP & State Police Chief
Kerala
Thiruvananthapuram
29-04-2021
STANDARD OPERATING PROCEDURE FOR
DIGITAL EVIDENCE RELATED TO
CRIMES AGAINST WOMEN AND CHILDREN

GENERAL CONTENT

Sl. Page
TITLE
No. No.
1 Introduction 1-5
Conventional crimes against women and children
Cyber harassment against women and children
What are digital evidence & the nature of digital evidence?
Advantages of digital evidence

Digital devices – sources for digital evidences

2 Standard Operating Procedure (SOP) 6-23


Importance of SOP in the investigation
Digital evidence collection workflow

3 24-27
Collection of digital evidence
Procedure for gathering evidences from switched-off
systems
Procedure for gathering evidences from live systems
(Switched- on Systems)
Procedure for gathering evidences from Mobile Phones

4 Seizing Closed Circuit Television (CCTV) 28-30

5 Collection of evidence from third party 31-34

Analyzing External / Third-party information


Gathering Information From External Agencies/Companies

6 Guidelines to prepare charge sheet 35

5 Guidelines to preserve the seized digital media 36


CHAPTER 1
INTRODUCTION

Section 79A Information Technology (Amendment) Act 2008 defines


electronic form of evidence as “any information of probative value that is
either stored or transmitted in electronic form and includes computer
evidence, digital audio, digital video, cellphones and digital fax
machines”.
The main feature of digital evidence is that it can be transmitted beyond
borders with ease and speed, highly fragile and can be easily altered, damaged,
destroyed and also time sensitive. Owing to this reason special precaution should
be taken while documenting, collecting, preserving and examining digital
evidence.
Digital evidence especially that which related to crime against women
and children are to be collected immediately as early as possible and should be
preserved scientifically because digital evidence are highly volatile. Any delay or
laps in collection and preservation of digital evidence will result in unavailability or
deterioration of valuable evidences. So ultimate care and diligence should be
used for collection of digital evidences so that all available evidences are collected
and the victim does not suffer any miscarriage of justice.
Conventional crimes against women and children
• Rape (sexual assault)
• Kidnapping/abduction
• Molestation
• Eve teasing
• Dowry homicide
• Dowry suicide
• Acid attack
Cyber harassment against women and children
• Cyber Bullying
• Cyber Teasing
• Cyber Stalking

Digital Evidence Related to Crimes against Women and Children – SOP 1


• Cyber Defamation
• Identity Theft
• Catfishing
• Doxing
• Swatting
• Trolling
• Revenge Porn

WHAT ARE DIGITAL EVIDENCE & THE NATURE OF DIGITAL EVIDENCE?


Digital evidence or electronic evidence is “any probative information stored or
transmitted in digital form that a party to a court case may use at trial”.
Section 79A of IT (Amendment) Act, 2008 defines electronic form evidence as
“any information of probative value that is either stored or transmitted in
electronic form and includes computer evidence, digital audio, digital video, cell
phones, and digital fax machines”.
The main characteristics of digital evidence are, it is latent as
fingerprints and DNA, can transcend national borders with ease and speed,
highly fragile and can be easily altered, damaged, or destroyed and also time
sensitive. For this reason,special precautions should be taken to document,
collect, preserve, and examine this type of evidence. When dealing with digital
evidence, the principles that should be applied are, actions taken to secure and
collect digital evidence should not change that evidence; persons conducting
the examination of digital evidence should be trained for this purpose and
activity relating to the seizure, examination, storage, or transfer of digital
evidence should be fully documented, preserved, and available for review.
ADVANTAGES OF DIGITAL EVIDENCE
In addition to the advantages of recovering deleted files, digital evidence
contains a wealth of critical data and “embedded” information for both intact
files as well as deleted files. For example, forensic software can view the
contents of a Excel file to reveal, (depending on how it was configured by the
user), information such as: the creation date and original author; dates the file
was last accessed, modified and printed; when the file was last saved and by

Digital Evidence Related to Crimes against Women and Children – SOP 2


whom; the number of times the file was edited, for how long and by whom;
the number of revisions; client name, ID and reference number; hidden key
words and comments that identify who edited or collaborated on the file; and
the original file location.

DIGITAL DEVICES – SOURCES FOR DIGITAL EVIDENCES


Throughout this SOP is an attempt has been made to provide the investigators
an understanding of the investigation of cybercrimes or crimes involving
computer resources. Towards this primary understanding and knowledge of the
digital devices and their uses is assumed.
Sl.
Digital Device Potential Evidence
No.
The device itself may be
evidence of component theft,
counterfeiting etc. The device
contains digital devices with all
the files and folders stored
1 CPU
including deleted files and
information, which may not be
seen normally. Cyber Forensic is
used to image, retrieve and
analyze the data.
All the graphics and files that are
open and visible on the screen in
Display Monitor
switched on systems can be
(CRT/LCD/TFT
noted as electronic evidence.
2 etc.) screens of
This evidence can be captured
Mobile Phones, if
only in video, photographs and
switched on
through description in seizure
memo.

The device itself, along with the


Smart Cards,
identification/authentication
Dongles and
3 information of the card and the
biometric
user, level of access,
scanners etc.
configurations and permissions.

The device can store voice


messages and sometimes, the
time and date information about
when the message was left. It
Answering
4 may have details such as last
Machines
number called, memos, phone
numbers & names, caller
identification information,
deleted messages.

Digital Evidence Related to Crimes against Women and Children – SOP 3


The device can be looked for
images, videos, sounds,
5 Digital Cameras
removable cartridges, time&
date stamps.

Handled Devices Much information can be


(Personal Digital obtained from these devices like
Assistants address book, appointment
6 [PDAs], calendars/information,
Electronic documents, emails, phone book,
Organizers, messages (text & voice), emails
Smart Phones) passwords etc.

The device in itself, as it stores


7 Hard Drives
all the information.

Local Area
Network (LAN) The device itself and also MAC
8 Card or Network (Media Access Control) address
Interface Card can be obtained.
(NIC)

The device itself. In routers,


Modems, Routers, configuration files contain
9
Hubs and Switches information related to IP
addresses etc.

Information like last logins, mails


exchanged, contents
10 Servers
downloaded, pages accessed
etc. can be obtained.

Network cables are used to trace


back to their respective
Network cables computers. Connectors help in
11
and connectors identifying the types of devices
that are connected to the
computers.

The device can be looked for


12 Pagers address information, text
messages and phone numbers.
The device has data like number
of prints last printed and some
maintain usage logs, time & date
information. If attached to a
13 Printers
network, they may store
network identity information. In
addition, it can also be examined
for figure prints

Digital Evidence Related to Crimes against Women and Children – SOP 4


All New generation mobile
Removable
phones, cameras etc., use these.
14 storage media
These devices store files, in
and devices
which evidence can be found.

The device itself, having the


15 Scanners capability to scan may help
prove illegal activity.
Many telephones can store
names, messages (text, voice),
memos, passwords, phone
numbers, and caller
16 Telephones identification information.
Additionally, some cellular
telephones can store
appointment information, and
may act as a voice recorder.

Copies may contain some


documents both physical and
17 Copiers
electronic, user usage logos,
time and data stamps.

These devices store files/data in


18 CD & DVD Drives
which evidence can be found.

Tracks of magnetic stripe


contain Cardholders information
Credit Card which may include:
19
Skimmers Card expiration date, User’s
address, Credit card numbers,
and User’s name.

Some latest digital watches


contain information like address
20 Digital Watches book, notes, appointment
calendars, phone numbers,
emails etc.

These devices contain some


documents, phone numbers,
21 Fax machine
send/receive logs, film cartridges
that can be considered.

The device may provide travel


Global logs, home location, previous
22 Positioning destinations, way point
System (GPS) coordinators, way point name
etc.

Keyboard & These devices can be examined


23
Mouse for fingerprints.

Digital Evidence Related to Crimes against Women and Children – SOP 5


CHAPTER 2
STANDARD OPERATING PROCEDURE (SOP)
IMPORTANCE OF SOP IN THE INVESTIGATION
Standard Operating Procedures (SOPs) are agency unique documents
describing themethods and procedures to be followed in performing routine
operations. SOPs areessential to improve the quality and to implement uniform
processes for conductingdigital & multimedia evidence forensic tasks in a
precise, accurate manner. SOPsshould be task-based and written for each
procedure conducted. They should bereviewed at least annually. The previously
approved versions of an SOP should beretained for reference.
The SOPs guide us to develop every process in the investigation right
from securing the scene and identifying media to be collected, etc., till the time
charge sheet is filed and evidence is adduced in the court of law. Due to the
nature and legality of digital evidence, it is clear that an investigation in an
automated environment requires standard methods and procedures for the
following main reasons:
Evidence has to be gathered in a way that will be accepted by a court of
law. This will be easier if standard procedures are formulated and followed.
This will also facilitate the exchange of evidences in cases having
interdepartmental and international ramifications, especially, if investigators
from all departments and countries collect evidence in a similar manner.
Every care must be taken to avoid anything which might corrupt the
data or cause any other form of damage, even accidentally. The use of
standard methods and procedures minimizes this risk of damage. In some
cases, it is inevitable that some data will be changed or over written during the
examination process. Thus there is a need for a thorough understanding of
technology, which is being used for examination and also need for its
documentation so that it would be possible to explain the causes/ effects later
on in a court of law.

Digital Evidence Related to Crimes against Women and Children – SOP 6


Some of the most important reasons for improper evidence collection
are poorly written policies, lack of an established incident response plan,
incident response training. This may result in a broken chain of custody.
DIGITAL EVIDENCE COLLECTION WORKFLOW

• Interview
• Identify
• Document
1. IDENTIFICATION • Revise If Necessary
• Measure twice, Cut Plan the CSI
once

Prepare document
Prepare

Prepare

Secure premise

Identify evidence

Conduct Document premise


2. COLLECTION
Conduct short

Discuss strategy

Collect evidence

Collect Label evidence

3. ANALYSIS Photograph

Package evidence
Transport
Transport

Drive Imaging

4. PRESERVATION Hash Values

Chain of Custody

5. PRESENTATION

Digital Evidence Related to Crimes against Women and Children – SOP 7


The methodology involves with 5 basic phases; Identification, Collection,
Analysis, Presentation and Preservation. Most of the time, Police Officer shall
involve with only three (3) phases of the Digital Forensics Methodology;
which are the Identification, Collection and Preservation phase. The next
topic shall describe the process involves in handling the digital evidence.
Step No. 1.
IDENTIFICATION
Before any digital forensic examination begins, the scope of actions must be
identified. Who are the key players and custodians? What are the best
sources of potential electronic evidence that will need to be accessed for
collection? This information is needed for many reasons, including:
• So that no essential evidence is missed that might affect a case
• So costs can be estimated in advance and the scope of the case can be
adjusted to fit actual needs
• So potential sources of evidence identified later will have smaller impact
in cost increases
a. Interview
Conducting interviews is a very important early step in a successful
digital forensic examination. When determining relevant devices from
which to collect data for a case, these individuals must be interviewed at
a minimum:
• Custodians
• Site administrators
• Users-when available
b. Identify
• Look at the range of variables and determine what factors are at play
in the case, including:
• To what extent does legal authority exist to make a search?
• Is there an administrator who can identify devices and custodians?
• How many and what type of devices may be involved?

Digital Evidence Related to Crimes against Women and Children – SOP 8


• Are any peripheral devices involved, such as flash drives, printers,
scanners or memory cards?
• What types of electronically stored information (ESI) are potentially
involved? It could be photographs, documents, spreadsheets, emails,
text messages, databases and many other types of ESI.
• How was ESI communicated and who was communicating? We may
be looking for email addresses, text numbers, IP addresses and other
similar information.
• Has information been stored in an offsite location? On backup media?
In the cloud? In remote locations?
• Are there devices involved that have potential remote login
capabilities?
• What different operating systems may be involved?
• Do any devices require continuous electric power to operate?
• Other variables?
c. Document
• Interviews, including:
• Names and titles of interviewees
• The number and types of primary and peripheral devices to be
included in the collection and search
• Any locations from which peripheral devices may have been removed
or where they were found
• Whether or not any kind of network is present
• File types involved
• Any off-site storage that is used
• What different types of software are present, including any
proprietary software
d. Revise If Necessary
If it is determined that additional electronic evidence (not included in the
original plan) needs to be gathered, it’s important to determine if there
is a need for a legal warrant, amended consent form or any other
changes to the original scope of work.

Digital Evidence Related to Crimes against Women and Children – SOP 9


e. Measure Twice, Cut Once
Digital evidence needs to be thoroughly assessed with respect to the
scope of the case. The scope of a forensic examination cannot include
“everything.” At least, not unless there is unlimited time and budget
involved.
It is important to spend time at the very beginning to more
accurately determine the true scope of the examination, narrow down
what digital evidence is needed for a case and where to find it.
Otherwise, costs will grow and grow as the investigation moves forward,
as will the amount of time required for the investigation.
Taking the extra time and attention to accurately determine
necessary devices and custodians prior to proceeding with the next
steps in the forensic process will dramatically impact the investigation as
a whole and, therefore the outcome of the case.
This phase, the Identification, is a phase where Police Officer
collects some preliminary information prior to collecting the evidence.
Preliminary information may help Police Officer to strategize the process
of collecting the evidence, especially if the incidents happen at several
locations.In most cases; evidence that need to be collected varies from
one case to another. For example, a web related case may involve with
collection of the web server and the database server, whereas a
document counterfeiting case may involve with the collection of a
personal computer.
The following lists some of the questions that may guide Police Officer in
establishing the facts of the case:
Sample of Questions for Preliminary Information Gathering

Digital Evidence Related to Crimes against Women and Children – SOP 10


• What types of crime is it? (Financial fraud, harassment, cyber
terrorism, bribery)
• What are the resources needed? (People, equipment, budget)
WHAT • What are the needed documents? (Warrant, Seizure list, Chain
of custody form)
• What is the IP address?
• Who owns the IP address?

• Who are the people involve?


WHO • Who are the IT personnel of the premise?
• Who are the top management of the company?

• Where is the location of the crime? India or cross border?


WHERE
• Where is the database server?

• When did the crime happen?


WHEN
• When did the investigating team first detect the crime?

HOW • How did the crime happen?

The following flow chart detailed out the process involves in


Identification phase.

Interview

Identify

Step No.1
Document
IDENTIFICATION

Revise If

Measure twice,
Cut once

Digital Evidence Related to Crimes against Women and Children – SOP 11


Police Officer must be aware that some of the information gathered during this
phase might be tendered into court. Thus, it is necessary that all information
gathered during this phase be documented or preserved. Preserving the
information is also important in order to conduct a smooth storyline to
stakeholders. The preserved information or the written document is best to be
printed out, signed and dated by the person who produces it.
Step No. 2
COLLECTION
The next phase is to set off to the premise to collect the evidence. During
collection phase, there are several steps that a Police Officer may follow. The
process of collection is summarized in the following flow chart:

Plan the CSI

Prepare
PREPARE
Prepare

Secure premise

Identify evidence

CONDUCT Document

Conduct short
Step No.2
COLLECTION Discuss strategy
among team

Collect Evidence
COLLECT
Label Evidence

Photograph

Package

TRANSPORT
Transport

 Steps in Prepare phase are


1. Plan the CSI (Crime scene investigation)

Digital Evidence Related to Crimes against Women and Children – SOP 12


1. During this phase, Team Leader shall conduct a briefing session and
brainstorming session.
2. Items to be briefed:
• Introduce team members;
• Purpose of raid;
• Explain the committed offense, the related Act, the location of
the premise, the expected total numbers of occupier and IT
literacy of the suspect;
• The strategy of the Crime Scene Investigation (CSI);
• Evidence transportation & lodging;
• Team member’s transportation & lodging.
3. Ensure competent personnel are available during the CSI.
2. Prepare document
• Ensure that related documents are readily available.
• Example: Investigation Diary or journal, seizure list, and chain of
custody form.
3. Prepare equipment
List of possible equipment’s to be brought:
• Camera
• Evidence labeling tool (markers, stickers, tie-on tagging)
• Evidence packaging (anti-static bag, aluminum foil, bubble wrapper,
cardboard box)
• Imaging tool
• Pre-Analysis tool (Encase, FTK)
• Storage device to store acquired data
• Power bank for your mobile phone
• Tools, small pliers, wire cutters
• Torch
Synchronize your watch/computer/mobile phone with atomic clock.
 Steps in Conduct phase are
1. Secure premise

Digital Evidence Related to Crimes against Women and Children – SOP 13


• Once you have arrived at the premise, identify wireless connections
around the premise and the security features.
• Identify yourself and the purpose of the raid.
• Identify person-in-charge of the premise and everyone else in the
premise.
• Check all rooms in the premise and identify available digital devices.
• Check as well the occupier’s vehicles.
• Move people away from the digital devices and power source.
2. Identify evidence
• Identify technical person and interview him.
• Identify potential evidence based on the facts of the case.
3. Document premise
• Sketch these items in diary/journal for the purpose
recreating/conveying details of the scene to stakeholders:
o The plan of the premise.
o Location of the evidence
4. Conduct short interview
• The purpose is to gather and verify information.
• Information to be gathered:
o Purpose of evidence
o Users of the evidence
o Type of internet access & ISP
o Any offsite storage
o Username & password of the digital device, email, webmail,
blogs, social media or instant messaging.
5. Discuss strategy among team members
• Police Officer may then need to make decision of these matters:
o Do we need to collect all digital evidence?
o Do we need to collect; or just forensically copy them?
o Do we need to forensically copy them bit by bit, or just copy the
related folder/file?
o Is our storage media able to store all acquired data?

Digital Evidence Related to Crimes against Women and Children – SOP 14


o Ensure that each decision is justifiable.
 Steps in Collect phase are
1. Collect Evidence
The ‘Collect’ process depends on types of digital evidence.
2. Label Evidence
• Label must be UNIQUE.
• Label at appropriate place.
• Label parent device together with its sub devices.
• If you decide to seize the cables, ensure that the cables are properly
labeled for future reconstruction.
• Write down complete serial number OR unique identification of the
evidence in diary.
3. Photograph Evidence
• While documenting the evidence’s details are important, Police Officer
can always choose the option of photographing the evidence.
• Take photograph of the device and its labeling, overall view and close
up view.
• Items to be captured; device setting, serial number, manufacturer,
model, any unique features, etc.
• Photos can facilitate understanding in court, especially when
presenting information of items that was not seized at the premise.
 Steps in Transport phase are
1. Package
• This process takes place after the evidence has been properly labeled.
• The evidence must then be packaged with anti- static bag, or other
materials such as bubble wrapper or plastic bag.
• Police Officer must ensure that the packaging:
o Able to detect any attempt to gain access to the evidence.
o Does not damage the evidence; ie. Water resistant
• Both party, Police Officer and the occupier, sign the Seizure List.
• The chain of custody now starts here.

Digital Evidence Related to Crimes against Women and Children – SOP 15


• Any transfer from one officer to another shall be recorded in Chain of
Custody Form.
2. Transport
• During transportation, the evidence in the vehicle must not be left
unattended.
• At least one personnel must be in the vehicle at all time
Critical Steps in Preserving Digital Evidence while collecting digital
evidence
o As a general rule, make sure you do not turn ON a device if it is turned
OFF. For computers, make sure you do not change the current status of
the device at all. If the device is OFF, it must be kept OFF. If the device is
ON, call a forensics expert before turning it off or doing anything.
o If it is not charged, do not charge it; for mobile phones, if the device is
ON, power it down to prevent remote wiping or data from being
overwritten.
o Ensure that you do not leave the device in an open area or other
unsecured space. Document where the device is, who has access, and
when it is moved.
o Do not plug anything to the device, such as memory cards, USB thumb
drives, or any other storage media that you have, as the data could be
easily lost.
o Do not open any applications, files, or pictures on the device. You could
accidentally lose data or overwrite it.
o Do not copy anything to or from the device.
o Preserve any and all digital evidence that you think could be useful for
your case.
o Take a picture of the piece of evidence (front, back, etc.) to prove its
condition.
o Make sure you know the PIN/Password pattern of the device.

Digital Evidence Related to Crimes against Women and Children – SOP 16


o Last but not least, do not trust anybody without forensics training to
investigate or view files on the original device. They might cause the
deletion of data or the corruption of important information.
Step No. 3
ANALYSIS
In the analysis phase, examiners connect all the dots and paint a complete
picture for the requester. For every item on the Relevant Data List, examiners
answer questions like who, what, when, where, and how. They try to explain
which user or application created, edited, received, or sent each item, and how
it originally came into existence. Examiners also explain where they found it.
Most importantly, they explain why all this information is significant and what it
means to the case.
Often examiners can produce the most valuable analysis by looking at
when things happened and producing a timeline that tells a coherent story. For
each relevant item, examiners try to explain when it was created, accessed,
modified, received, sent, viewed, deleted, and launched. They observe and
explain a sequence of events and note which events happened at the same
time.
Examiners document all their analysis, and other information relevant
to the forensic request, and add it all to a fifth and final list, the "Analysis
Results List." This is a list of all the meaningful data that answers who, what,
when, where, how, and other questions. The information on this list satisfies
the forensic request. Even at this late stage of the process, something might
generate new data search leads or a source of data leads. If this happens,
examiners add them to the appropriate lists and consider going back to
examine them fully.
Finally, after examiners cycle through these steps enough times, they
can respond to the forensic request. They move to the Forensic Reporting
phase. This is the step where examiners document findings so that the
requester can understand them and use them in the case. Forensic reporting is
outside the scope of this article, but its importance cannot be overemphasized.

Digital Evidence Related to Crimes against Women and Children – SOP 17


The final report is the best way for examiners to communicate findings to the
requester. Forensic reporting is important because the entire forensic process
is only worth as much as the information examiners convey to the requester.
After the reporting, the requester does case-level analysis where he or she
(possibly with examiners) interprets the findings in the context of the whole
case.

Where
• Where was it found? Where did

When
• When was it created, accessed, modified, received, sent, viewed,
deleted and launched?
• Does it show when relevant events took place?
ANALYSI

How
• How did it originate on the media?
• How was it created, transmitted,

Associated Artifacts and Metadata


• Registry entries.

Other connections
• Do the above artifacts and metadata suggest links to any
other items or events?

• Identify any other information that is relevant to the forensic


request.
• Use timeline and/or other methods to document findings on “
Analysis Results List”
Step No. 4
PRESERVATION
Preservation is process where evidence is taken care to ensure that it is not
tampered, chain of custody is not broken and integrity is intact. Police Officer
must ensure that evidence is properly preserved from the point of taken, to the
point of it is handed over to other authorized personnel. Police Officer must

Digital Evidence Related to Crimes against Women and Children – SOP 18


also be able to demonstrate that evidence is properly preserved to
stakeholders.
The methods of Evidence Preservation are:
a. Document evidence’s variables
• Items to be documented:
o Evidence’s Serial number
o Manufacturer & Model
o Storage size (if applicable)
o Any defects from normal condition, example: keyboard missing ‘k’
letter
o MAC address (if applicable)
o Hash value (if applicable)
o This can all be written down in the Seizure List, which is signed by
the occupier and the Police Officer.
b. Label and seal
• Label or tag the evidence. It must be unique.
• Label must be able to stay throughout the lifetime of the evidence.
• Label sub device as well, for example, memory card of a mobile
phone.
• Label of sub device must be able to be tracked to parent device.
• Label at appropriate place. (Not on the display screen or at the
opening of battery).
• Seal properly (anti-shock, water-resistant, anti-static charge). Seal
must be able to detect any attempt to gain access to the evidence.

c. Document the chain of custody


As investigators collect media from their client and transfer it when
needed, they should document all transfers of media and evidence on
Chain of Custody (CoC) forms and capture signatures and dates upon
media handoff.
It is essential to remember chain-of-custody paperwork. This artifact
demonstrates that the image has been under known possession since

Digital Evidence Related to Crimes against Women and Children – SOP 19


the time the image was created. Any lapse in chain of custody nullifies
the legal value of the image, and thus the analysis.
Chain of custody refers to the documentation that shows the
people who have been entrusted with the evidence. These would be
people who have seized the equipment, people who are in charge of
transferring the evidence from the crime scene to the forensic labs,
people in charge of analyzing the evidence, and so on. As electronic
evidence is easy to tamper or to get damaged, it is necessary for us to
know exactly who, when, what, where, and why was the evidence
transferred to the concerned person. It is possible that defense may
level charges of tampering and fabrication of evidence and, it would be
difficult to prove the integrity of the evidence, if the chain of custody is
not properly maintained. Lack of integrity in the process of custody
and, absence of appropriate documentation in this regard, will not only
be detrimental to the cyber-crime investigation, during trial but also,
expose the IOs to criminal liability under Section 72 of the ITAA2008.
Important Points to remember for Foolproof Chain of Custody:
• Physically inspect the storage medium-take photographs and
systematically record observations.
• Guard against hazards like theft and mechanical failure. Use good
physical security and data encryption. House multiple copies in
different locations.
• Protect digital magnetic media from external electric and magnetic
fields. Ensure protection of digital media particularly optical media
from scratches.
• Account for all people with physical or electronic access to the data.
• Keep the number of people involved in collecting and handling the
devices and data to a minimum.
• Always accompany evidence with their chain-of-custody forms.
• Give the evidence positive identification at all times that is legible
and written with permanent ink.

Digital Evidence Related to Crimes against Women and Children – SOP 20


• Establishing the integrity of the seized evidence through forensically
proven procedure by a technically trained investigating officer or
with the help of a technical expert will enhance the quality of the
evidence when the case is taken forward for prosecution. The
integrity of the evidence available on a digital media can be
established by using a process called as “Hashing”.
• Establish a baseline of contents for authentication and proof of
integrity by calculating hash value for the contents. An identical
hash value of the original evidence seized under panchanama
(Seizure Memo) and, the forensically imaged copy, helps the IO to
prove the integrity of the evidence. Similarly, the seized original
evidence can be continued to be checked for its integrity by
comparing its hash value, to identify any changes to it.
d. Drive Imaging
Before investigators can begin analyzing evidence from a source, they
need to image it first. Imaging a drive is a forensic process in which an
analyst creates a bit-for-bit duplicate of a drive. This forensic image of
all digital media helps retain evidence for the investigation. When
analyzing the image, investigators should keep in mind that even wiped
drives can retain important recoverable data to identify and catalogue.
In the best cases, they can recover all deleted files using forensic
techniques.
As a rule, investigators should exclusively operate on the duplicate
image and never perform forensic analysis on the original media. In fact,
once a system has been compromised, it is important to do as little as
possible – and ideally nothing-to the system itself other than isolating it
to prevent connections into or out of the system and capturing the
contents of live memory (RAM), if needed. Limiting actions on the
original computer is important, especially if evidence needs to be taken
to court, because forensic investigators must be able to demonstrate
that they have not altered the evidence whatsoever by presenting
cryptographic hash values, digital time stamps, and legal procedures

Digital Evidence Related to Crimes against Women and Children – SOP 21


followed, etc. A piece of hardware that helps facilitate the legal
defensibility of a forensic image is a “write blocker”, which investigators
should use to create the image for analysis whenever one is available.
e. Hash Values
When an investigator images a machine for analysis, the process
generates cryptographic hash values (MD5, SHA-1). The purpose of a
hash value is to verify the authenticity and integrity of the image as an
exact duplicate of the original media.
Hash values are critical, especially when admitting evidence into court,
because altering even the smallest bit of data will generate a completely
new hash value. When you create a new file or edit an existing file on
your computer, it generates a new hash value for that file. This hash
value and other file metadata are not visible in a normal file explorer
window but analysts can access it using special software. If the hash
values do not match the expected values, it may raise concerns in court
that the evidence has been tampered with.

Step No. 5
PRESENTATION
Tips To Prepare For Deposition of Evidence in Court
The Investigating Officer should prepare well to depose the evidence in
the court of law like any other case. All the digital evidences will be
presented as exhibits and introduced as evidence to establish the process
used to identify, collect, preserve, transport, store, analyze, interpret,
attribute, and/or reconstruct the information.
Re-constructing the scene of offence and the cyber-crime with the
sequence of actions by each system and user is very important in the
deposition.
To depose the evidence, Investigating Officers are requested to
prepare their notes in the below order.
• Complaint received
• Collected relevant information

Digital Evidence Related to Crimes against Women and Children – SOP 22


• Crime Scene visit
• Evidence Identification
• Collection
• Preservation
• Transport to FSL
• Request for Analysis
• Interpret the reports received from FSL
• Reconstruct the case
• Prepared the charge sheet

Digital Evidence Related to Crimes against Women and Children – SOP 23


CHAPTER 3
COLLECTION OF DIGITAL EVIDENCE
A. Procedure for gathering evidences from switched-off systems
• Secure and take control the scene of crime both physically and
electronically. Physically means sending away all persons from scene of
crime and electronically means, disabling the modems, network
connections etc.
• Make sure that the computer is switched OFF- some screen savers may
give the appearance that the computer is switched OFF, but hard drive
and monitor activity lights may indicate that the machine is switched ON.
Be aware that some laptop computers may power ON by opening the lid.
Remove the battery from laptop computers.
• Unplug the power and other devices from sockets.
• Never switch ON the computer, in any circumstances.
• Label and photograph (or video) all the components in-situ and if no
camera is available, draw a sketch plan of the sys- tem.
• Label the ports and (in and out) cables so that the computer may be
reconstructed at a later date, if necessary.
• Carefully open the side casing of CPU or laptop and identify the Hard disk.
Detach the hard disk from mother board by disconnecting the data
transfer cable and power cable.
• Take out the storage device (Hard disk) carefully and record unique
identifiers like make, model, and serial number. If, entire CPU is seized,
also note down the any unique identifiers.
• Get the signature of the accused and witness on Hard disk, by using
permanent marker. Ensure that all items have signed and completed
exhibit labels.
• Search scene of crime for Non-electronic evidences like diaries, notebooks
or pieces of paper with passwords on which are often stuck to or close to
the computer. Ask the user if there are any passwords and if any off-site

Digital Evidence Related to Crimes against Women and Children – SOP 24


data storage. Also ask, for the operating system in the suspected system,
the application packages, the various users of the computer etc.,
• After the Hard disk is removed from the suspected system. Switch on the
system and go to BIOS. Note down the date and time shown in BIOS.
• Prepare detailed notes giving “when, where, what, why & who” and overall
actions taken in relation to the computer equipment.
• Allow any printers to finish printing.
• Connect the suspected hard drive to the investigator computer through
write-block device for forensically previewing/ copying/ printing or for
duplication. Never Connect Directly Without The Blocker Device.
(Make detailed notes of all actions taken in relation to the computer
equipment)

B. Procedure for gathering evidences from live systems (Switched-On


Systems)
• Secure the area containing the equipment.
• Move people away from computer and power supply.
• Disconnect the modem if attached.
• If the computer is believed to be networked, seek advice from the
technically trained officer, in-house forensic analyst or external specialist.
• Do not take advice from the owner / user of the computer.
• Label and photograph or video all the components including the leads in-
situ. If no camera is available, draw a sketch plan of the system and label
the ports and cables so that the computer may be reconstructed at a later
date.
• Remove all other connection cables leading from the computer to other
wall or floor sockets or devices.
• Carefully remove the equipment and record the unique identifiers – the
main unit, screen, keyboards and other equipment will have different
numbers.

Digital Evidence Related to Crimes against Women and Children – SOP 25


• Ensure that all items have signed exhibit labels attached to them as failure
to do so may cause difficulty with continuity and cause the equipment to
be rejected by the forensic examiners
• Allow the equipment to cool down before removal
• Search area for diaries, notebooks or pieces of paper with passwords on
which are often stuck to or close to the computer.
• Consider asking the user if there are any passwords and if these are given,
record them accurately.
• Make detailed notes of all actions taken in relation to the computer
equipment
• Record what is on the screen by photograph and by making a written note
of the content of the screen?
• Do not touch the keyboard or click the mouse and if the screen is blank or
a screen saver is present, the case officer should be asked to decide if
they wish to restore the screen. If so, a short movement of the mouse will
restore the screen or reveal that the screen saver is password protected. If
the screen restores, photograph / video and note its content. If password
protected is shown, continue as below without any further disturbing the
mouse. Record the time and the activity of the use of the mouse in these
circumstances.
• Take the help of technical expert to use live forensics tool to extract the
information that is present in the temporary storage memory like RAM.
• If no specialist advice is available, remove the power supply from the back
of the computer without closing down any programs. When removing the
power supply cable, always remove the end attached to the computer and
not that attached to the socket, this will avoid any data being written to
the hard drive if an uninterruptible power protection device is fitted.
C. Procedure for gathering evidences from Mobile Phones
• If the device is “OFF”, do not turn “ON”.
• With PDAs or cell phones, if device is ON, leave ON. Powering down device
could enable password, thus preventing access to evidence.
• Photograph device and screen display (if available).

Digital Evidence Related to Crimes against Women and Children – SOP 26


• Label and collect all cables (including power supply) and transport with
device.
• Keep the device charged.
• If device cannot be kept charged, analysis by a specialist must be
completed prior to battery discharge or data may be lost.
• Seize additional storage media (memory sticks, compact flash, etc).
• Document all steps involved in seizure of device and components.

Digital Evidence Related to Crimes against Women and Children – SOP 27


CHAPTER 4

SEIZING CLOSED CIRCUIT TELEVISION (CCTV)

Digital CCTV installations vary greatly in terms of the recording methods


used and picture export facilities provided. There are many manufacturers
operating in the CCTV marketplace and each offers a slightly different solution
with different capabilities and functionality. This makes the task of retrieving and
replaying data increasingly complex for police technical staff, who have to
develop a familiarity with a broad range of systems and export technologies.

Checklist:

The list of actions below should be followed when retrieving video data
to ensure that all relevant video and information about the system is gathered.
This is essential to permit future viewing and maintain evidential integrity, whilst
minimising any potential disruption to the premises where the CCTV system is
installed.

1. Timely notes should be kept, detailing the course of action taken, to


provide an audit trail.

2. Note the make and model of the CCTV system, and the number of
cameras. Take photographs of the system if possible, particularly if the
recorder is unfamiliar or the manufacturer uncertain.

3. Note the basic system settings (e.g. current record settings and display
settings), so that if changes have to be made to facilitate the retrieval,
it is then possible to return the system to its original state. (Taking
photographs of the system can assist, particularly if cable connections
are changed during retrieval).

Digital Evidence Related to Crimes against Women and Children – SOP 28


4. Time check – compare the time displayed by the CCTV system with
that given by the speaking clock. Any error between the system time
and real time should be recorded in the audit trail and compensated
for when conducting the retrieval. This will ensure that the correct
section of data is copied.

5. Determine time period required in conjunction with IO.

6. Determine which camera views are required, and whether they can be
retrieved separately. It is good practice to draw a plan of the camera
views to facilitate further decision making processes. Depending on the
nature of the incident, there might, for example, be a requirement to
retrieve all cameras with external views. Some systems permit video
from individual cameras to be downloaded, but some do not, in which
case data from all cameras will need to be taken. The decision taken
and the reasons for it should be documented in the audit trail.

7. Replay Data. Check that the requested video exists on the system.

8. Check storage / overwrite time – to determine how long the relevant


data will be retained on the system. This is particularly important if the
retrieval cannot be carried out immediately, or needs to be prioritised
against other tasks. A maximum time period can then be determined
within which the retrieval must be carried out before data is lost.

9. Obtain system password, if necessary. Be aware that the standard


user password may provide only limited functionality and an
administrator password may be necessary in order to enable data
retrieval.

10. The recording should not be stopped during the retrieval process
unless

Digital Evidence Related to Crimes against Women and Children – SOP 29


a. this is an unavoidable feature of the system or

b. there is an immediate risk that important data will be


overwritten before it can be retrieved.

11. Protect data. Some systems allow write-protecting a selected video


sequence to prevent it from being overwritten before it can be
retrieved; however, it should not be assumed that this facility will be
present.

12. It is preferable to extract the CCTV sequence in its native format in


order to maintain image quality and provide best evidence, even
where this file format is proprietary to the CCTV manufacturer. Some
systems may provide an option to write the sequence to AVI file,
which may seem to be an advantage in that the video will be
replayable using standard software; however the generation of the
AVI file often requires the video to be recompressed, resulting in a
loss of quality, and so this method should be avoided. Metadata such
as time and date information may also be lost, along with any stored
bookmarks. (Note that when copying data files manually via
Windows Explorer, the metadata and index files may be stored in a
separate directory to the video files.)

13. The IO can seize the entire DVR/NVR (preferable due to propriety
software), or can collect the relevant part of recording from the
owner/operator/ technicianalong with a 65 B(4) Certificate.

NB: The person issuing the 65 B(4) Certificate must be aware of the
details, file formats, installation details and specifications of the
device.

Digital Evidence Related to Crimes against Women and Children – SOP 30


CHAPTER 5
COLLECTION OF EVIDENCE FROM THIRD PARTY
A. Analyzing External / Third-party information
• Time Zone Conversion
Time Zones and their conversions play a very important role in attributing
acts / incidents to the accused. A time zone is a region of the earth that
has uniform standard time, usually referred to as the local time. By
convention, time zones compute their local time as an offset from UTC
(Greenwich Mean Time). Local time is UTC, plus the current time zone
offset for the considered location.
For each computer system/server time zone set to its current
location/local time. It is very important to know the time zone of that
system to establish the exact time of offence and subsequent actions of
the crime as supportive evidence.
Since the time zone/difference may vary more than 12 hours for
few locations for example United States of America, date of the occurrence
of the crime may also change. This is very critical and important especially
in crimes involved in sending e-mails from servers out of India. Time zone
Conversion plays an important role in converting all the acts and incidents
to one common time (usually the local time), so that the offences and the
offender can be clearly linked. There are number of online Web
sites/applications that are available to convert the time to Indian standard
time (IST) and vice-versa.
• E-mail Headers
In most of the cybercrime where e-mails are involved, analysis of e-mail
headers plays a very important role. Each e-mail whether it is a company
e-mail or Web-based e-mail like hotmail, yahoo, etc., carries lot of
information about that e-mail. Information like sender IP address, e-mail
address, time and date when the e-mail sent, through which server it
passed, etc.
E-mail header analysis can help an investigator to find out the IP
address of the e-mail sender. E-mail message headers are digital histories

Digital Evidence Related to Crimes against Women and Children – SOP 31


that are attached to every e-mail message that are sent and received.
Headers record important information, including servers that the e-mail
has traveled through, and the date and time that the message was
received or forwarded.
E-mail messages
• Are attached automatically to every e-mail message that’s sent and
received.
• Comprise of 2 sections.
• Message Description: Contains details of the sender and recipients,
subject line, and sending date.
• Message Path:
o Contains the server name and timestamp for every server the
message travelled through.
o Displays entries in the message path in reverse chronological order.
o The header details can be copied and pasted into ‘notepad’ or similar
program and, then the information is analyzed.
o Some free and popular tools on the internet, offer e-mail header
analysis on-line.
B. Gathering Information From External Agencies/Companies
Various companies/Internet service providers (ISPs) are liable under various
laws and regulations including ITAA 2008 to preserve and provide
information to the law enforcement. The Investigating Officer can send
Letter of Request to get this information from these agencies/providers.
i. Availability of information and format from ISPs:
It is very important for Investigating Officer to understand what
information/evidence relevant to the investigation is avail- able with
third-party companies/providers, which can be very useful and
relevant to reconstruct the crime. All the service providers enable
queries by e-mail from pre-registered e-mail ids of the IOs and, such
e-mail have to be from their official e-mail id.

Digital Evidence Related to Crimes against Women and Children – SOP 32


Information from ISP (Internet Service Provider): ISP will typically
provide the following information, based on a law enforcement
request.
o User name
o Telephone number in case of DSL/CDMA/3G, and Dial up
o Personal details like name, e-mail ID, address, etc., mentioned in
the CAF form
o Day-wise activity i.e., when and how long used, etc.
o Physical address of the IP address
ii. Information from e-mail service
o User name
o Details of all incoming and outgoing e-mails along with mails stored
in Draft folder
o The IP address from where the e-mail ID is accessed.
o Registration details like IP address, date and time, other services
availed, secondary e-mail ID etc
o User activity, i.e., date and time of logged in and time it is active,
etc.
The e-mail and other service providers have law enforcement
designated nodal officers, who coordinate the requests from Police.
Service providers do have laid down policies, in compliance with local
laws and, laws of the country in which they are registered.
iii. Information from Mobile service providers
o Customer Acquisition Forms (CAF) Forms-Personal details like name,
address etc.
o Calling number, called number, time, type of call
(ISD/STD/Local/SMS, etc.)
o Roaming to other cities, etc.
o Tower locations - Latitude and Longitude of the tower
o Tower data
iv. Information from Social networking sites like facebook,
Orkutetc

Digital Evidence Related to Crimes against Women and Children – SOP 33


o User name
o Personal details updated in the profile
o The IP address from where the profile is accessed
o User activity i.e. date, time of logged in and duration of the active
sessions, etc.
o Friends and groups with which the user is associated, etc.
o E-mail IDs updated in the personal information.
v. Information from Financial institutions/Internet banking
institutions
o Personal details updated in the profile of the account holder
o Transactional details
o CAF and other supporting documents submitted by the customer
along with the introducer details
o IP address from where the transaction happened in case of Internet
banking

Digital Evidence Related to Crimes against Women and Children – SOP 34


CHAPTER 6
GUIDELINES TO PREPARE CHARGE SHEET
Inadequate skill in drafting the charge-sheet is one of the reasons which help the
accused to get away with cybercrime committed by them. Many cases fail before
the Courts of Law just because of the defective framing of charge-sheets. There
are a number of incidents, where the Investigation Officer (IO) has failed to file
the charge sheet with all required information/documentation in cyber-crimes and
cases acquitted by courts of law.
Below are few guidelines for IO to include in the charge sheet.
o All the relevant information shared by the complainants during registering
the FIR/course of investigation should be included in the charge sheet.
o Please make sure the sections mentioned in FIR are still applicable for the
case OR it is advised to file a requisition to change of sections before the
case including appropriate ITAA 2008 and other supportive IPC, special and
local laws. (there are number of incidents, IO filing the charge sheet under
wrong sections of IT Act)
o Make sure the search and seizure procedure along with Chain of custody and
DEC form are included in the charge sheet.
o Make sure the nature of cybercrime and the necessary information / analysis
requested from FSL or forensic examiner are incorporated properly in the
charge sheet.
o Please provide the detailed information about the crime scene and the
process IO followed to identify the systems used / affected in the crime.
o Please include all the technical persons who identified, produced and
analyzed the digital in the case as witness.
o Please include the incidents occurred in the chronological order of time to
establish the crime along with the findings.
o Time plays a very critical evidence in proving cyber-crimes, please mention
the time stamps in a chronological order
• System Time: BIOS Time, Access Time, Log times, Physical Access Time etc.

Digital Evidence Related to Crimes against Women and Children – SOP 35


CHAPTER 7

GUIDELINES TO PRESERVE THE SEIZED DIGITAL MEDIA


• After filing the charge sheet another important task for IO is to preserve the
digital media till the end of the case.
• Please follow the below guidelines to preserve the digital evidence:
• Please keep the digital media always in an anti-static cover with all details and
tag / barcode.
• Please create a separate inventory list for all the media seized with case
number and other reference numbers (barcode)
• Please store in a dry and cool place.
• If possible, store in a good storage device which is fire proof and tamper proof.
• Please keep update the chain of custody, if the media is taken out for any
reason.
• Last but not the least, the digital evidence may look simple to acquire or keep,
but maintaining its legal relevance is not an easy task; professionalism has to
take charge. Though digital evidence is more involving compared to real or
‘hard’ evidence, the point remains that both have to be reliable and accurate
for them to be legally relevant.

Digital Evidence Related to Crimes against Women and Children – SOP 36

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