Court Directs Immediate Preservation of Digital Evidence and Removal of Obscene Content in Ramesh Kumar's Writ Petition
In a significant ruling, the Madras High Court has directed law enforcement authorities to act promptly in a cybercrime case involving the morphing of photographs and extortion. The case, titled "R. Ramesh Kumar v. Superintendent of Police, Dindigul District," highlights the critical role of timely intervention in preserving digital evidence and protecting victims' rights.
The petitioner, R. Ramesh Kumar, approached the court with a writ petition concerning the morphing of his sister's photographs, resulting in obscene content being circulated online. The petitioner further alleged extortion demands for the removal of such content. Despite lodging complaints with the police, no effective action was taken, prompting the court to intervene.
Justice L. Victoria Gowri, presiding over the case, underscored the responsibility of law enforcement agencies to register a First Information Report (FIR) when cognizable offences are reported. The court emphasized the necessity for the police to preserve digital evidence swiftly, considering the fragile nature of digital footprints that can easily disappear.
The court directed the police to secure all available digital materials, including screenshots, URLs, and account details, from the petitioner. Furthermore, the police were instructed to preserve electronic evidence and take steps to remove the offensive content from social media platforms.
Significantly, the ruling affirms the duty of Indian authorities to act within their jurisdiction, even when the victim resides abroad, as in this case where the victim is employed in Singapore. The court highlighted the importance of protecting the dignity, privacy, and emotional security of women against cyber offences.
The court's order mandates the police to complete their investigation and take necessary actions within four weeks, monitored by senior officers to ensure transparency and efficiency. The judgment reiterates the need for law enforcement to act with the same urgency as the speed of digital content circulation, emphasizing the protection of victims' rights in the digital age.
Bottom line:-
Cyber offences involving morphing, obscene content creation, online sexual harassment, extortion, and violation of privacy require prompt action by law enforcement authorities, including registration of FIR, preservation of digital evidence, and removal of offending content.
Statutory provision(s): Article 226 of the Constitution of India, Information Technology Act, 2000 (Sections 66C, 66D, 66E, 67, 67A), Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023
