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In a first, CERT-In can now give expert opinion on evidence from drones, CCTVs

Dec 06, 2024 06:28 AM IST

The IT Ministry expanded the scope of the Cert-In’s CFL to computer (media) forensics including drone storage media and excluding floppy disk drive; mobile device forensics

New Delhi The Cyber Forensic Laboratory of the Indian Computer Emergency Response Team (Cert-In) became the first agency to be notified by the government as an “examiner of electronic evidence” for drone storage media, CCTV forensics media recovery and cloud forensics under Section 79A of the Information Technology Act. This means that officials from Cert-In’s CFL can provide expert opinion on any electronic evidence obtained from drones, CCTVs and cloud in addition to computers and mobiles, in accordance with section 79A. All other notified agencies can act as experts only for evidence taken from computers and mobiles.

The IT Ministry expanded the scope of the Cert-In’s CFL to computer (media) forensics including drone storage media and excluding floppy disk drive; mobile device forensics. (HT PHOTO)
The IT Ministry expanded the scope of the Cert-In’s CFL to computer (media) forensics including drone storage media and excluding floppy disk drive; mobile device forensics. (HT PHOTO)

Through a gazette notification dated November 27 and published on December 2, the IT Ministry expanded the scope of the Cert-In’s CFL to computer (media) forensics including drone storage media and excluding floppy disk drive; mobile device forensics; CCTV forensics media recovery (excluding video authentication and enhancement); and cloud forensics. Cloud forensics must be carried out from the CGO Complex premises of the Cert-In CFL in New Delhi “using access authentication tokens and credentials recovered from seized exhibits”.

Through an October 2020 gazette notification, which has now been rescinded, its scope was limited to computer (media) forensics excluding floppy disk drive and mobile device forensics.

According to MeitY’s “Scheme for Notifying Examiner of Electronic Evidence”, the department, body or agency of the central or state government first has to apply to MeitY for notification. The ministry then evaluates the applicant by taking into account its technical and skilled professional manpower in digital forensics, licensed tools and equipment, availability of suitable environment to carry out such evaluation, availability of a proper quality management system, and reasonable experience to demonstrate overall competence in the area. Notified labs are required to submit annual reports by January 15 under this scheme with details including number of cases handled and reports filed before different courts, number of times the agency appeared before the court as an expert, details of licensed tools and software, and changes in staff amongst other details.

Three other agencies were notified in the same gazette but their scope is limited to computer (media) forensics excluding floppy disk drive and mobile device forensics.

First, the Cyber Forensic Laboratory of the Army Cyber Group in the DGIS (Directorate General of Information Systems) Enclave, Shankar Vihar was notified to replace the September 4, 2018 gazette notification that had notified the Cyber Forensic Laboratory, under Army Cyber Group, Directorate General of Military Operations, Signals Enclave, Rao Tula Ram Marg, New Delhi.

Second, the Cyber Forensics Laboratory of the Navy Cyber Group in the Naval Headquarters, Ministry of Defence (Navy), 4th Floor Chanakya Bhawan, Chanakyapuri, New Delhi was notified to replace the August 29, 2022 notification that had notified Cyber Forensics Laboratory of the Navy Cyber Group in Talkatora Annex, New Delhi.

Third, the Forensics Science Department at 30A, Kamarajar Salai, Maylapre Chennai has been notified.

Apart from these, at least 12 other agencies have been notified as “examiner of electronic evidence” by the IT Ministry under Section 79A since 2018. In eleven of these notifications, the scope is limited to computer (media) forensics excluding floppy disk drive and mobile device forensics. In case of Computer Forensic and Data Mining Laboratory under Serious Fraud Investigation Office, Ministry of Corporate Affairs, which was notified in March 2018, the scope if further limited to only computer (media) forensics excluding floppy disk drive.

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