In India, human-driven technical development has the power to genuinely change
people's attitudes and viewpoints. employing a human method can make you
reasonably secure, but employing software and apps on mobile devices creates new
issues. Gadgetry is one of the most widely used and circulated technologies in
society. These tools, which were initially created to protect data, are helpful
for labour-intensive jobs and may be applied to a variety of creative endeavours.
Numerous features on computers and smartphones are user-friendly and attractive
to students. The amended of '
evidence' in section 3 of the Evidence act, 1872
read with the "electronic record" in section 2(t) of the Information
Technology act 2000 included and explained. IPC Sections 504, 506, 120B etc.
included on relevant technical fraud that can be punished by courts.
For justice
to win in situations using digital evidence, a balance between technological
improvements and legal safeguards will be crucial as awareness increases and
regulatory frameworks become more stringent. Awareness-raising campaigns and
digital literacy training are crucial for helping people spot signs of
deception. By teaching experts and the public about the warning indications of
tampering, malicious targeting and the spread of misleading information can be
prevented.
Without appropriate physical and experimental evidence to provide in
court, no proposal or proceedings may be made that could result in unfair
treatment of innocent people. Examine the facts properly and provide proof to
answer the jury's inquiries. As result, mobile application and software
programmed for good to product more innovations only.
Introduction
Human-driven technological advancement in India has the potential to practically
alter people's perspectives and mindsets. It is possible to be somewhat secure
using human approach, but using software and applications on mobile devices
raises new concerns. One of the technologies that society uses and circulates
the most is gadgetry. Originally designed to secure data, these devices are
useful for hard labor and can be used for a number of creative tasks. Computers
and smartphones have several capabilities that are easy to use and appealing to
learners. As long as no one abuses it, it is going well (Sundari Sundari et al.,
2023).
Many people misuse their mobile phones these days by taking pointless audio and
video recordings without knowing who they are. Celebrities are typically
involved in this situation, but some are prepared for viral engagement. Common
folks have issues like baiting and blaming. Without knowing them, the average
individual might quickly become embroiled in political disputes. This could lead
to jealousy, ditching, and the adoption of crime-based tactics.
People use a variety of applications on their mobile phones on a regular basis
for imaging, video editing, and presentations, and vice versa. Recorders are
used to record spoken messages and move data to other platforms, whereas cameras
are mostly utilized to capture moments. With permission, a third party may be
able to access that. The majority of consumers are unaware of data security,
third-party connection problems, emailing, and interacting with unknown parties.
They can simply exploit your valuable information and are prepared to share it
for credit. Trimming is one of the features that audio recording overcomes. To
create a different finished product, the trimming capability is used to cut or
trim the audio or video. However, in the past, people have trimmed words to
create new sentences that accuse innocent people.
Two ways are possible to understand the actual things are:
- Negative:
- Technology of information: The status of a person's cell phone addiction relies on how they utilize their phone.
- The result of psychological harm reliance is that objects can be ruthlessly altered with destructive intent.
- One of the factors that leads to addiction or abuse is harder to explain and promotes criminal activity.
- Crimes have become more inventive as a result of the internet.
- Because the internet has such a wide reach, it is challenging to quantify the direct impact of the extent of crimes committed online.
- Identity theft and fraud crimes are either secured or not. Sharing a Wi-Fi address might be hazardous.
- That may have a more detrimental effect on the individual searching and their personal belongings.
- According to estimates, it is impossible to determine who is using the data and observing your device usage. Another based crime is this one.
- Since offenders and victims do not have to be in the same location at the same time, there are many incentives for someone to conduct crimes online.
- Pornography is making it easier for acts of action porn to spread at an increasing rate.
- A person can blame victims by taking pictures or videos.
- While ethics and standards are meant to be upheld, technology has caused a detachment from social life and human etiquette.
- These inventions could have a detrimental effect on society and cause environmental distractions.
- Positive:
- Video recording may be useful for documenting a crime or a national event that adds to the nation's values.
- Making videos without authorization or viewing them on mobile devices or other devices with cameras is the issue.
- The purpose depends on the intentions: why is it being captured and whether value will be created or not.
- All members ought to benefit from that value as well.
Technical things
There are numerous examples to show in mobile application to easily to modify
and execute crime by trimming or priming. AudioDirector, MyEdit, OceanAudio,
Audacity, Audiotool, AudioMass, Auphonic and some inbuild features in mobile
phone app to cut the audio and change variable frequencies of that audio. The
criminal can do to incite trouble behind someone's back based on fake sentences.
That either misuse or manipulate the victims. This awareness should now to open
all that they can prepare for that things can be happen without waiting for
legal judgement.
In India, If Somone is inciting trouble or spreading malicious rumours behind
someone's back, it may fall under several sections of the Indian Penal Code (IPC),
depending on the intent and the nature of the actions. Here are some relevant
IPC sections that could be considered.
- Section 499: Defamation – If a person is spreading false statements that harm another person's reputation, it can be considered defamation. Section 499 deals with defamatory statements made with the intent to harm the reputation of an individual.
- Section 500: Punishment for Defamation, with imprisonment of up to two years, a fine, or both.
- Section 504: Intentional insult with intent to provoke breach of the peace – If someone insults or provokes another person in a way likely to disturb public peace or cause an altercation, they may be charged under this section. This is applicable if the act is intended to cause disturbance or lead to violence.
- Section 506: Criminal intimidation – If a person is threatening harm or instilling fear through intimidation, it could be covered under Section 506. This section deals with threats to cause injury or harm, either to the person or their reputation, with the intent to incite fear.
- Section 153: Provocation with Intent to Cause riot – If the incitement is severe enough to provoke people to cause enmity, hatred, or disrupt public peace. It's particularly relevant if the incitement is meant to create discord in a way that could lead to public unrest.
- Section 120B: Criminal Conspiracy – If multiple people are involved in inciting trouble behind someone's back, it may be considered a criminal conspiracy. Section 120B applies to any coordinated efforts to commit an illegal act, especially if there is intent to harm someone through deceptive or covert means.
Audio and Video manipulation:
Audio editing software can splice and alter recordings to change the context of
conversions, selectively amplifying or deleting sections. Fake recordings, for
instance, have been used in political smear campaigns and legal battles, as
noted in cases such as R.M. Malkani vs. state of Maharashtra and more recently
in the mahant prasad ram Tripathi case, where the authenticity of recordings
became to the legal outcome.
Video manipulations, especially with deepfake technology, can digitally place a
person's face onto someone's else body or alter their actions and expression.
Deepfakes have been used to crate fake scenarios implicating individuals in
crimes or inappropriate activities, often as part of revenge or harassment
campaigns.
Photographs can be altered by adding or removing components using image editing
software like Photoshop, creating "evidence" that may suggest guilt or be
connected to particular actions. For instance, changing someone's background to
put them in a precarious situation has been used as a strategy in both personal
and professional disputes.
Screenshots, doctored messages, and fake accounts have been used to attribute
false statements or actions to people, fueling personal vendettas or corporate
rivalries. In high-profile cases, fake social media messages have been
introduced as evidence, misleading investigations until experts detect
tampering.
In this review we all shown about Digital arrest. Digital arrest has become the
newest form of cyber scam in which victims are made to stay on video call for
hours till they transfer all their money to the fraudsters. However, so far,
there has been nothing called 'digital arrests' in law. This is usually
involving common reaching calls to potential victims through phone calls or
digital means, falsely claiming that there is a warrant for their arrest or that
they are under investigation.
Literature review
A case study reported In Parumaan village, Alok Timur Sub-district, sikka
regency, teenagers in the village use gadgets excessively resulting in death by
addiction of gadgets (Benedetto & Ingrassia, 2021). According to cybercrime rate
in India complaints in NCRP/lakh population in 2023 leading to misuse of
gadgets. State wise data evaluation and published on India Times published
Cyber crime complaints in NCRP as Delhi with a rate of 755, Haryana of 381,
Telangana of 261. Customer care refund-based and KYC frauds mostly reported,
eventually job seekers who is targeted. 22% online booking Android malware 8%,
Indian Cyber Co-ordination Center (I4C) CEO Rajesh Kumar Said.
In light of the telephonic conversion recordings, the matter of call recordings
was examined, and it was determined that a disc containing telephonic conversion
recordings might be admissible evidence under section 3 of the Evidence Act and
section 2(t) of the IT Act. If the voice is recognized, the conversion is
relevant to the subject at hand, and the correctness of the recorded conversion
is demonstrated by ruling out the possibility of erasure, addition, or
modification, then the electronically recorded conversion can be used as
evidence.
The amended of 'evidence' in section 3 of the Evidence act, 1872 read
with the "electronic record" in section 2(t) of the Information Technology act
2000, includes a compact disc containing an electronic record of a conversion (Mihna et al., 2024). Section 8 of evidence act provides that the
conducts of any party, or of any agent to any party, to any suit, in reference
to such suit, or in reference to any fact in issue therein or relevant thereto,
is relevant, if such conduct influences or is influenced by any fact in issue or
relevant fact, and whether it was previous or subsequent thereto.
According to the ruling in
R.M. Malkani v. State of Maharashtra, AIR 1973 SC
157, an electronically recorded conversion is admissible in evidence if it is
pertinent to the case at hand, the voice can be identified, and the accuracy of
the conversion can be demonstrated by removing any chance of erasure, addition,
or manipulation.
Under section 2(t) of this act “electronic record” means data, record or
generated, image or sound stored, received or sent in an electronic form or
microfilm or computer-generated microfiche. Section 92 of IT Act read with
Schedule (2) amended the definition of evidence' as contained in section 3 of
the Indian Evidence Act.
The amended definition runs as under evidence means:
- All statements which the courts permit or require to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence.
- All documents, including electronic records produced for the inspection of the court; such documents are called documentary evidence.
From the aforesaid provisions, it becomes amply clear that the law, as it exists today, takes care of information stored on magnetic or electronic devices and treats it as documentary evidence within the meaning of Section 3 of the Indian Evidence Act.
- AIR 1973 SC 157: Tape-recorded conversation is relevant to the matters in issue; however, it should be verified for frequency, identification of the voice, and accuracy by eliminating the possibility of tampering. A contemporaneous tape record of a relevant conversation is a relevant fact and admissible under Section 8 of the Evidence Act. The Hon'ble Punjab and Haryana High Court in Laddi v. State of Haryana also discussed whether electronic evidence is primary or secondary. Reiterating AIR 1971 SC 1162, the Hon'ble Supreme Court held that like any document, the tape record itself is primary and direct evidence admissible of what has been said and picked up by the receiver (R M Malkani vs State Of Maharashtra, 22 September 1972).
- R.K. Malkani vs. State of Maharashtra AIR 1973 SC 157: The Supreme Court reaffirmed that if the tone of recordings is considered authentic and pertinent, playing the tape recording acts as actual evidence. The court noted that in cases of disputed speech content, the legal proposition allows the tape-recorded conversation as primary and direct evidence to establish statements made at a relevant time.
- Ziauddin Burhanuddin Bukhari vs. Brijmohan Ramdas Mehta AIR 1975 SC 1788: The Supreme Court observed that a witness may use a tape-recorded conversation transcript to jog memory under Section 159 of the Evidence Act, and the contents can be introduced into evidence through direct oral testimony in accordance with Section 160.
- Mahant Prasad Ram Tripathi vs. State of Uttar Pradesh (2024): In this recent case, the Allahabad High Court addressed the admissibility of audio recordings obtained without proper authentication. The court ruled that the evidence could be considered even if obtained illegally, emphasizing content importance over recording methods.
- R.M. Malkani vs. State of Maharashtra (1973): The Supreme Court held that even a tape recording made without party approval may be admissible if pertinent. This decision established that content authenticity and intent are key to admissibility.
- Rayala M. Bhuvaneshwari vs. Nagaphamender Rayala (2008): Addressing privacy in matrimonial disputes, the courts deemed unauthorized recordings inadmissible, although they allowed them if essential for proving abuse or threats.
- Anvar P.V. vs. P.K. Basheer (2014): According to Section 65B of the Indian Evidence Act, this judgment mandates certification for digital evidence, eliminating the risk of tampered evidence being accepted as genuine.
- Justice K.S. Puttaswamy (Retd.) vs. Union of India (2017): This historic case upheld the right to privacy, stressing the need for strict laws on unlawful recordings and carefully handling evidence gathered through privacy invasions to protect individuals from unauthorized surveillance.
In 2024, a digital arrest crime was reported in New Delhi, where a 67-year-old
woman from Mumbai fell victim to an online scam where she was coerced into
paying Rs 14 Lakh to clear her name in a fictitious money laundering case,
according to the Delhi telecom department's cybercrime branch.
Discussion
For electronic records, including audio recordings, to be admitted, courts
typically demand that they fulfil certain requirements, such as voice
identification, certification under section 65B of the Indian Evidence Act, and
authenticity verification. In the digital era, the changing landscape indicates
a growing acceptance of audio evidence in criminal trials as long as it is
authenticated and unaltered, striking a balance between privacy and evidential
requirements. Because manipulated recordings lose their admissibility due to
questions about their validity and intent, this method emphasizes how crucial it
is to handle them securely to prevent tampering.
These rulings highlight how accuracy, legal authority, and preservation
techniques are essential to preserving integrity and safeguarding privacy in
court processes, demonstrating a trend toward the cautious but practical use of
electronic evidence.
The improper use of digital devices to create evidence of manipulation has grown
to be a major global problem, posing moral, legal, and societal questions. As
technology has advanced, devices such as cell phones, surveillance equipment,
and software tools have made it simpler for someone to fabricate or modify audio
and video evidence, frequently with the intention of falsely accusing or
defaming someone.
Fake evidence can have a significant psychological impact on victims, frequently
resulting in social isolation, career failures, and mental health problems. As
evidenced by several cases where fake news and online abuse cause people to
experience severe mental suffering, victims of such attacks may experience
stigmatization or reputational damage. Doctored texts or recordings are
occasionally used as proof in cases of digital harassment, particularly in
intimate relationships or marital conflicts, to accuse one side of abuse or
adultery. Courts are now paying more attention to cases and acknowledging the
anguish that such false allegations create.
The latest worry about artificial intelligence (AI)-based technology utilizing
as deepfakes, which create synthetic material including photos, videos, and
audio by using machine learning algorithms, especially generative adversarial
networks (GANs). Deepfake technology aims to produce incredibly lifelike
synthetic media that mimics actual people, but with some content altered.
Deepfakes are manipulated using totally synthetic materials, face swapping,
attribute manipulation, and face reenactment. The final image is completely
fictional, even though the actual components appear to be the same. Only visual
artifacts, audio-video discrepancies, forensic detection tools, and multi-model
ensembles—which are logical reasoning-based and can be detected by a single
model depending on the authenticity of an image or video—can be used to analyse
these hints.
- Deepfakes
- Disclose someone's privacy
- Government rules or reputation misleading
- Identity theft
- Digital frauds
- Can spread fake news
- Online frauds by image or videos
Figure 1: An example of the potential for crime using deepfakes technology
Our ongoing review of the literature included current crimes involving digital
arrests. This type of cybercrime involves forcing victims to spend hours on
video call until they send money to the scammers. CERT, the cyber security
agency,"The scammers threaten the victims with arrest or legal consequences
unless he takes immediate actions," the advice states. They frequently induce
panic and obstruct logical thought. Using false pretenses such as "clerin their
name," "helping with the investigation," or "refundable security deposit
account."
Conclusion
As technology progresses, the creation of fake evidence will likely become more
sophisticated, demanding continuous upgrades in forensics capabilities. The need
of Al-driven tools, strict legal frameworks, and public education will be key in
maintaining the integrity of digital evidence and safeguarding individuals from
the misuse of gadgets in producing fake evidence. As awareness grows and legal
frameworks tighten, a balance between technological advancements and legal
safeguards will be essential for justice to prevail in cases involving digital
evidence.
When discussing deepfakes utilizing sophisticated tools and technology
designed for editing, filmmaking, etc., if someone abuses that technology to
place blame or disparage others, it falls under section 66-F of the
Cyberterrorism IT Amendment Act of 2022-2000. Online defamation and hate speech
under sections 153-A and 153-B, 499. It falls under 292,294 (Punishment of
obscene materials), 13,14,15, and the Protection of Children from Sexual
Offenses Act, 2022, which addresses privacy violations, obscenity, and
pornography.
Therefore, it is crucial to create global awareness campaigns and
programs, and it will probably need international cooperation and coordination
to successfully police these crimes if they are seen and prevent infractions.
Indian Prime Minister (PM) warns against "digital arrest" fraud in cases
involving it. He stated that Mann Ki Baat sent a strong warning to the country
about the growing threat of "digital arrest" fraud. He explained how con artists
pose as representatives of agencies such as the police, CBI, and RBI.
Suggestions
To confirm authenticity, forensic specialists examine voice patterns, audio
waveforms, and file metadata. For instance, irregular background noise, sudden
pitch shifts, or strange pauses in manipulated audio recordings could indicate
tampering.
Meta data analysis, pixel clustering and error-level analysis can identify
alterations in images. Forensics tools can detect inconsistencies such as
lighting discrepancies or altered file histories which are often indicative of
edited photographs. By spotting anomalies in eye blinking, facial movements, or
unusual body language, advances in AI are also being utilized to spot deepfakes.
Before accepting contentious digital evidence, courts are increasingly requiring
this kind of forensic testing. Campaigns for awareness and instruction in
digital literacy are essential for assisting individuals in identifying evidence
of manipulation. Malicious targeting and the propagation of false information
can be stopped by educating the public and professionals about the warning signs
of tampering.
By grabbing screenshots as proof and continuously recording calls, observers can
stop digital arrest acts in real time. No government agency makes such threats
or demands money over the phone.
Conflict of Interest
No recommendation from Institute or university. Publishing by myself for more
awareness in criminology and to stop fraud and fakes manipulation by using
advance technologies.
References:
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- R M Malkani vs State Of Maharashtra on 22 September 1972. (n.d.).
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