Gathering information from various agencies:
The Internet service providers (ISPs) and other firms are liable to preserve certain information and provide them to the LEAs, if requisitioned under the law. Normally, they have ‘Nodal officers’ who functions as per the guidelines of the ministry concerned. The E.O. may acquire such information as given below. Standard formats for such correspondences are appended in schedule- II.
- Telecom Service Providers (TSP)/ Internet Service Providers (ISPs)-
- Username
- Telephone number in case of DSL/CDMA/3G,4G and Dial up
- Personal details like name, e-mail ID, address, etc., mentioned in the CAF form
- Day-wise activity i.e., when and how long used, etc
- Physical address of the IP address
- E-mail service providers-
- Username; User activity, i.e., date and time of logged in and time it is active, etc
- Details of all incoming and outgoing e-mails along with mails stored in Draft folder
- The IP address from where the e-mail ID is accessed.
- Reg. details (IP address, date and time, other services availed, secondary mailed) etc.
- Mobile service providers-
- Customer Acquisition Forms (CAF) forms— Personal details like name, address, etc.
- Calling number, called number, time, type of call (ISD/STD/Local/SMS, etc.)
- Roaming to other cities, Tower locations and Tower data
- Social networking sites-
- User name
- Personal details updated in the profile
- The IP address from where the profile is accessed
- User activity, i.e., date and time of logged in and duration of the active sessions, etc
- Friends and groups with which the user is associated
- E-mail IDs updated in the personal information
- Financial institutions/Internet banking institutions
- Personal details updated in the profile of the account holder
- Transnational details
- CAF and other supporting documents submitted by the customer along with the introducer details
- IP address from where the transaction happened in case of Internet banking
- Web site domain/hosting providers-
- Registration details, Access details, FTP logs
- Payment details
- Technical/administrative/owner of the domain
- Details of website developer
- VoIP service providers-
- Registration details, Access details
- IP address, Payment details,
- Calling/Called numbers
The above information has to be certified by the third party company/providers under the Indian Evidence Act, 1872.
- Interception of calls/messages- In the interest of the inquiry, for a limited period, the E.O may request for interception of the calls/messages of the suspects/other person related to the case through a Central/State Nodal Officer as provided in Schedule- III. However, it should be limited strictly as per the provisions and pressing requirements of the inquiry.
- Deposition in the court- The E.O may have to depose/testify the evidences in the court of law. He should carefully go through the facts of the case, digital and other evidences and prepare his notes in the following manner-
- Details of the information/complaint received by him,
- Collection of relevant information for pre-investigation assessment,
- Visit and evaluation of the scene of crime
- Identification and collection of the evidences,
- The care and procedures followed during collection of digital evidence,
- Steps taken to maintain integrity of the evidences,
- The labeling, sealing and other documentation (like-entries into case diary) done,
- Request for expert opinion or forensic analysis,
- Analysis & Interpretation of the evidences and reconstruction of the case before the court.