I want to preserve digital evidence of a fraud before the Darjeeling suspect deletes his posts. How do I legally do it?
AN Asked by Anita Desai from India
Quick Answer
File an FIR at the cyber crime police station in Darjeeling and request the police to issue a preservation request to the intermediary under Section 67C IT Act, 2000 and IT Rules, 2021, which requires platforms to preserve records for 180 days.
Detailed Legal Analysis
File an FIR at the cyber crime police station in Darjeeling and request the police to issue a preservation request to the intermediary under Section 67C IT Act, 2000 and IT Rules, 2021, which requires platforms to preserve records for 180 days. Personally preserve screenshots with timestamps, URLs, and metadata as electronic evidence under Section 63B BSA, 2023, ensuring Section 63(2) BSA conditions (device in ordinary use, certified by the person) are met.
File on the National Cyber Crime Reporting Portal for an expedited preservation direction. Engage a forensic expert if the evidence is on a device you control.
For a court-ordered preservation, approach Calcutta High Court under Article 226 for a writ of mandamus. Refer to West Bengal Premises Tenancy Act 1997 for any state-level electronic evidence procedural rules.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.