Technological advancement in India is majority dependent on mobile phone usage. Mobile phones are used for various purposes and its importance in our daily lives cannot be ignored. Mobile phone has increased the efficiency of the people in every task breaking the territory barriers, physical presence, time constraints, cost efficiency, etc.
As per the data issued by statistical research department, it was declared that the number of smartphone users in India is estimated to be around 760 million by 2021, and are estimated to grow even faster.
There is hardly any crime that is committed with the usage of mobile phones, may it be for communication for conspiracy purpose, using digital technology to commit financial frauds tracking and locating the suspect and many other things.
It cannot be denied that technology has its pros and cons, so as the mobile technology.
A lot of personal information are stored in the smartphones in the form of images, videos, notes, documents, chat history, surfing history, banking account details, et cetera which can be ill used by anyone who gets access to one's mobile phone.
The interlink between mobile technology and crimes gives rise to the concept of mobile forensic, which is the type of Digital forensic. Mobile forensics implies recovery of Digital evidence or data from a mobile phone which was used in the crime.
Mobile forensic includes the methods and techniques opted by the investigation authorities to acquire all the information from the mobile phones of the criminal or any other suspect in order to collect information which can be used as evidence against the accused.
Mobile is used by the criminals for sending and receiving messages for planning and conspiring of the crime. Smartphones contain vast information which may help in tracking the criminal and other people involved in the crime.
Uses of Mobile device in the Criminal activities:
1.Store personal information
2.Transmitting information
3.Communication purpose
4.Downloading information
5.Surfing internet
6.Clicking pictures & Making audios and videos
7.Tracking location
Section 2 (1) (i) of the Information technology act,2000 define the term ' Computer'.
Mobile phone clients is a part of Cyber crime which deals with crimes particularly committed through a mobile device. Maximum crimes through mobile phones are financial frauds.
Kinds of crimes committed through mobile phones:
1.Blue Jacking
2.Blue Snarfing
3.Vishing
4.Smishing/ SMS spoofing
5.Spyware
6.Malware
7.Mobile Cyber Defamation
8.Mobile Pornography
9. Mobile Stalking
The case of state of Tamil Nadu versus Suhas Katti,2004 was the first case related to section 67 of the Information Technology act,2000 in which Falls e -mail accounts were created through which the accused sent defamatory and offensive messages to the victim,
Publishing or transmitting option material in electronic form is an offence for which an imprisonment of two years is prescribed.
In the Ritu Kohli Case,2003 which was the first ever case of Cyber stalking in which the victim was getting constant sexually exploiting phone calls during odd hours of the day. This continued for three or more days. The case is lodged under section 509 of the IPC and section 67 of the information technology act,2000.
Section 66A of the information technology act,2008 was introduced to deal with cyberstalking but later through the section is now been struck down by Shreya Singhal versus Union of India (2013 )12 SCC73.
Steps involved in collection of evidences from mobile devices:
- Seizure of the mobile device
- Faraday bag
In words of Doherty" A Faraday bag resembles an anti-static bag, with a major difference that Faraday bag can protect a device from external connectivity but anti static bag can only prevent it from electrical charges. The best way to make sure that all these precautions can be effective you to keep the device in the Faraday bag.
3. SIM card examination is extremely significant as it reproduces useful information.
- The forensic tools that are used for mobile examination are - m o b i l e d i t lite, iXAM,MS AB XRY,CellDEK TEK,Oxygen Forensic, Paraben DDS,Cellebrite UFED,Mobiledit Lite,Bitpim,Autopsy.
Important Sections related to the Crimes :
Section 499, The Indian Penal Code,1860
Section 67B, The Information Technology Act,2000
Section 354 D, Indian Penal Code, 1860
Section 65B, Indian Evidence Act, 1872
List of cases :
Anvar P.V v P.K.Basheer – (2014) 10 SCC 473
Shafi Mohammad v State of Himachal Pradesh (2018) 2 SCC 801
Arjun pandit rao khotkar v Kailash Kushanrao Gorantyal & Ors –(2020) 3 SCC 216
Shafi Mohammad Case-Id at 26
Sanjaysinh Ramrao Chavan v Dattatray
Gulabrao Phalke – (2015) 3 SCC 123
Abdul Rahaman Kunji v State of West Bengal (2015) 1 Cal LT318
Jagdeo Singh v State & Ors ,2015 III AD (Delhi) 268
Therefore, comprehensive study of the mobile device is required as being a small size device, there are high chances of skipping the minute details. The whole process of the collection of evidence from mobile device is based on examination and analysis.
