Allahabad HC Raises Concerns Over Poor Quality Of Cyber Crime Investigation

The Allahabad High Court voiced serious apprehensions regarding the deteriorating quality of investigations into cyber crimes, citing it as a significant flaw in the judicial process.

The Court was hearing a bail application in a rape case where the accused had allegedly recorded a video of the crime.

The Bench of Justice Ajay Bhanot said, "The said videos have been recovered from the applicant. Storing and circulating indecent videos of ladies is becoming a serious menace in the society."

Noting that the investigation into indecent videos is still on foot, the Court opined, "The victim is vulnerable.Enlarging the applicant on bail at this stage will not be conducive to a fair trial or investigation. The offence is grave. There is likelihood that the applicant committed the offence. At this stage, no case for bail is made out."

The court noted that despite the recovery of incriminating evidence, such as the video recording, the investigation conducted by the Senior Superintendent of Police, Bulandshahar, exhibited various deficiencies, albeit later rectified. This incident prompted the Court to reiterate its longstanding concerns regarding the investigation of cyber crimes, emphasizing systemic inadequacies and the lack of proper supervision by police authorities.

"Poor quality of investigation in I.T. related offences/cyber offences is becoming a major fault line in the functioning of the investigations. The Court has voiced its concern time and again. The Court had also issued directions to ensure that both the systemic inadequacies are addressed by the police authorities, namely, the failure to proper investigate the cyber crimes and poor supervision over the investigations," the Bench said.

While emphasizing that Trial Court shall make all endeavours to conclude the trial preferably within a period of one year from the date of receipt of a certified copy of this order the Bench said, "Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel....The learned trial court shall promptly take out all strict coercive measures against all the witnesses in accordance with law who fail to appear in the trial proceeding. Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel."

The Bail plea in question was filed by Mange @ Ravindra, accused under Sections 376D and 506 of the IPC, and Sections 5G/6 of the POCSO Act, who was identified as the principal offender in the rape case. Despite ongoing investigations into the circulation of indecent videos and the vulnerability of the victim, the Court deemed it inappropriate to grant bail, citing the seriousness of the offence and the likelihood of the applicant's involvement.

The Court, while dismissing the Bail plea, directed the Trial Court to expedite proceedings, urging a swift conclusion preferably within one year. Additionally, the Court mandated the Trial Court to enforce strict coercive measures against witnesses failing to appear, with the police authorities tasked to ensure prompt execution of warrants issued by the Trial Court. "Registry is directed to send a copy of this order to the learned Government Advocate for placing the same to the Director General of Police, Lucknow, Uttar Pradesh," the Court further ordered.

Cause Title: Mange @ Ravindra v. State Of Up And 3 Others [Neutral Citation No. 2024:AHC:83907]

Appearance:-

Applicant: Advocates Rajeev Kumar Singh Parmar, Sunil Kumar Dwivedi

Opposite Party: Advocate Ashish Srivastava (G.A.)

Click here to read/download the Order