What would be the role and responsibilities of Special IG-Cyber, Mr. Brijesh Singh, IPS in the State of Maharashtra ? My Views
Let me first congratulate the Government of Maharashtra for creating and appointment of IG Cyber Crime and will also applaud for creating and appointing the post of DCP-Cyber Crime in the city of Mumbai. This definitely shows the approach and seriousness towards the menace of cyber crime.
With the intention to curb women atrocities and implementation of child prostitution and unethical business restriction Act effectively there was a state level Women Atrocities Prevention Cell and department. This department along with Cyber crime would be headed by, the newly created Special Inspector General of Police (Women Atrocities Prevention & Cyber Crime). Thus the newly formed department would also look after all the work previously looked after by cyber crime cell of CID, Maharashtra state
working as a State Nodal Agency. This post was created vide Government Resolution dated 5th January 2016. The work of the "Special IG (Women Atrocity Prevention & Cyber Crime)" office would do is as follows:
1.1. Compiling data about FIR either registered only under The IT Act,2000 or where sections of The IT Act,2000 are applied in other crimes.
1.2. Compiling detected crimes and information about various accused people.
1.3. Compiling & studying data about various cases pending in courts and about decided cases.
1.4. To study techniques used in crime and decode its modus operandi
1.5. As required to gather other information and decimate the same
1.6. To represent Maharashtra State police in state and central level conferences.
2.1. Wherever State Government orders to investigate crimes which are sensitive and important matters.
2.2. Helping technically and with directions other Investigating Station House Officers present in various cyber cells across the state.
2.3. Will have right to contact and ask any important information from Mobile companies, IT Companies, ISP for investigation of cyber crime.
2.4. To coordinate between investigating agencies of other states and central Government.
3. About Training
3.1. To prepare human resource by training officers and staff in the state
3.2. To coordinate with other institutions about training, exchanging information and try and get relevant training for staff and officers of the state.
3.3. To compile information about new technology & to be in contact with experts. With the help of experts include this technology in the training and keep the training syllabus updated. Coordinating with CDAC- Pune, MITCON-Pune, CBI Academy- Ghaziabad and also to keep coordination with CDTS which is a central Governments organisation in the field of computers providing advanced training.
3.4. To train other staff and officers of criminal justice system about investigation of computer crimes & Evidence.
3.5. In association with experts and institutions associated with software, film and music industry, organising various discussions, conferences and workshops about crimes of cyber/computer & piracy.
3.6. To organize meets with NASSCOM, DSCI, Forensic Lab (Kalina, Mumbai) who are working in the cyber areas and give them deeper information about cyber crime investigation.
b) What are the challenges facing Maharashtra cybercrime
Ans: Less technically qualified man power, Cyber police station seen as side posting, central coordination of cyber crimes happening across the state is poor, dedicated contact points with NGO working in the field of cyber is absent. The most important is trust in the citizens that police will first understand and then solve the crime which is involving technology is very less and Government need to brand building exercise that the police force is a technologically advanced force.
How can he plan to build skills and capacity of Maharashtra cyber crime department
This can happen by compulsory cyber crime investigation & Electronic evidence handling training with exams at the end linked to their promotion or transfers. My observation has remained that though the lower rung officers are keen to learn and are found sincere, the officers of Police Inspector rank who are designated IO are often not sincere towards there training. He should also lobby with central Government to nominate API(Assistant Inspector of Police) as Investigating Officer or IO in all cyber crime related matters as it is a Police Inspector as of now.
What are the key initiatives the state should take to tackle the cybercrime.
Ans: What i want to advice all state’s and not only state of Maharashtra is to come out Standard operating procedures for proactive policing as it is done for traditional policing. even thou training remains the part of proactive policing but other measures like raids and detention of know cyber perpetrators , known hackers and online abusers has become must to create deterrence in the society. Raiding mobile shops which supply spy and malware is the need of the hour. Visiting mobile shops during patrolling across the state and country should be made compulsory. Police department having its own cyber war games is now the need of the hour as civilian cyber infrastructure is counted within the jurisdiction of the police.
What can be the immediate action needed to curb cyber crimes
We need 2 cyber police stations in the city of Mumbai and at least 4 cyber cells. Today tag of being only cyber police is a bygone; we need further bifurcation of cyber police in teams so they develop specializations like
A. Cyber financial crimes team (involving ransomware, online banking/credit card & other online scams/frauds) team,
B. Cyber Abuse(Defamation & religious abuse) team,
C. Cyber Corporate(Data Theft, Source code theft, hacking & Espionage) team.
D. Cyber Grievous Crimes (Cyber terrorism, online radicalization, civil cyber warfare, Death due to cyber crime etc.) team.
Mumbai being financial capital. i feel and suggest the state Government to have 2 special cyber crime courts in Mumbai and at least one in all leading districts of Maharashtra to begin with. State Government also should bring in the bench of Cyber Appellate tribunal and make the Adjudication officers office fully functional with dedicated staff and regular hearings for disposing civil actions under the IT Act,2000 in the set period of six moths as mentioned in the Law.
Advocate Prashant Mali is Noted International Cyber Law & Cyber Security Expert and a High Court Lawyer from Mumbai. He is also a famous cyber-thought leader and accomplished author, his thoughts & speeches are well applauded internationally.