Cyber crime conviction rate in Maharashtra touches alarming level

In a bid to increase detection and conviction rate of cyber crimes in the state and the city, the Mumbai police have organised five days cyber crime training workshop for policemen and have setup a specialsed cyber crime investigation units at each police station in Mumbai. 

According to the statistics provided by Maharashtra Police, the state Police has an extremely poor conviction as well as detection rate in Cyber-Crime cases. Statistics shows that since 2012, on an average, almost 80 % of the cases results in acquittal of accused. The poor conviction rate only raises questions over the investigation techniques adopted and evidences gathered by the police department in probing Cyber-Crime cases.

From 2012 till June 2017, trial in 184 cyber-crime cases got completed, of which there were convictions in 34 cases and acquittals in 150 cases, statistics revealed.

According to the statistics, the detection rate of Cyber Crime cases is only 31% in last five-and-a-half years. Out of 10,419 cases registered under Information Technology Act along with Indian Penal Code and Special law cases, since year 2012 till June 2017, only 3167 cases have been detected.

While registration of Cyber-Crime cases have increased from 900 cases in 2012 to 2417 in year 2016, the detection rate has fallen from 33.3 percent in 2012 to 23.07 in the year 2016.

Also the pendency of Cyber-Crime cases in court is on the higher side. As per the statistics, 10,235 Cyber-Crime cases are still pending in the court. 

Cyber experts and cyber criminal lawyers said that lack of proper training and poor investigation skills leads to poor conviction rate and detection rate. "Electronic evidence requires to be collected and processed expeditiously and in a manner which stands the test of trial. Inordinate delay in either collection or forensic analyses will adversely affect the legality and proving of such evidence. The forensic cyber lab in Mumbai is grossly over worked and hence forensic analysis and reports are much delayed in many cases. In addition, delays in registration of cases and in investigations by the police irreparably harm effective decisions in cases," said N. S. Nappinai, advocate and author specialising in cyber laws.

"Sometimes complainants also delay filing of complaints - this may be due to either confusion with respect to rights available with them or lack of confidence in the system. That the number of cases filed does not reflect the actual cyber-crimes committed is probably a reflection of this! Each of the above may be contributory factors resulting in the abysmally low convictions," Nappinai added. 

"Since police is unable to gather sufficient evidences in such cases, it results in poor conviction. There is a need for special cyber-crime courts to fast track the cases. Also the quality of training should be upgraded. There is load on forensic lab too and report is delayed there. Even citizens should be aware and beware from being a cyber crime victim,” said Ritesh Bhatia, cyber security expert.

"We conduct regular training sessions for police on cyber-crimes. The reason behind the less detection is that most of the crimes occur overseas or from the other cities and states due to which it becomes difficult to trace the culprits. Other technical factors too results in delayed probe," said a senior IPS officer.

Following the low rates the city police has setup the cyber crime investigation unit has been established at each police station in #Mumbai. Will consist of a seven member team. Five day training session started from Monday.

"One inspector, two assistant inspectors.or sub inspectors and three to four constables selected for forming cyber crime units at each police station.we are also appealing citizens to come to police stations and register their complaints if they have become a victim of cyber crime," said Deepak Devraj, Mumbai police spokesperson and Deputy Commissioner of Police.