Digital forensics: India's opportunity

Now is the time for digital forensics to rise from obscurity and claim its place of prominence in the digital domain

The Ministry of Defence, located in the historic South Block, enforces a regulation allowing only feature phones within its premises, as smartphones pose a potential risk of sensitive information leakage. Security is a concern for many organisations. While the gates of such sensitive premises have scanning systems for bags and conduct body searches, they lack the ability to inspect the digital devices that people carry. What is lacking is a real-time forensic scan of the digital devices. However, significant developments are underway in the emerging domain of digital forensics, and one can expect that such machines will be available soon. 

Digital forensics is a branch of forensic science that deals with the recovery and investigation of materials found in digital devices and preserving the evidence in its original form so that it can be used in a court of law. The notion that digital forensics is only to solve cybercrime has long been transcended. In our digitally driven world, every human action leaves a trace, a digital footprint, which investigators seek. The capacity of new digital forensic tools to conduct scans across a constantly expanding array of digital devices, operating systems, novel application software, advanced encryption methods, and proprietary interfaces has spurred a growing need for digital forensic services.

These tools can now efficiently handle vast volumes of data, possessing the ability to unearth critical information, much like finding a needle in a haystack. Advanced digital forensic tools use advanced data analytics and artificial intelligence (AI) and large language models to identify the proverbial “smoking gun” from thousands of WhatsApp messages or long email exchanges sitting in the “cloud” linked with the device. Modern digital forensics is about continually reducing analysis time, enabling the availability of evidence in near real-time, thwarting suspects’ attempts to destroy or conceal crucial evidence. With expanding capabilities, the digital forensics market is growing at a healthy pace of nearly 16.3 per cent per annum, and is expected to reach $30.78 billion by 2030, up from $7.9 billion in 2021.

Digital forensics is now being used beyond crime investigation. It has become integral to a company’s threat protection and evaluation strategy. For instance, banks use it to plug security gaps, while R&D labs, say in pharmaceutical companies, employ it to safeguard their designs and patents or contest patent disputes. Arbitrators are increasingly using digital forensics, especially in the context of digital end-to-end arbitration. In India, the demand for digital forensics is expected to see a quantum jump, with the notification of the Digital Personal Data Protection (DPDP) Act, 2023, which imposes legal obligation on all data fiduciaries handling personal data. Non-compliance carries severe penalties, with fines up to Rs 250 crore. In essence, in the coming days, every business or organisation will find some form of digital forensics indispensable.

Despite being renowned for its world-class information technology (IT) capabilities, India’s proficiency in digital forensics lags. We rely heavily on imported tools, with Israel and the US being the leading sources. There is a dearth of post-graduate level courses, and often these programmes do not teach the latest techniques. Only a small fraction of our police force and investigation agencies are trained in digital forensics. The situation is mirrored in businesses as well. Only government labs can be notified as “Examiner of Electronic Evidence” under the IT Act, 2008. Given the extensive reach of Digital India into the villages and towns, the limited adoption of digital forensics may be disappointing at one level. However, the relatively low base presents a golden opportunity for the growth of this industry.

Glimpses of change are becoming visible. Gujarat had the foresight to set up India’s first and only forensic science university way back in 2008. This has since grown into the National Forensic Sciences University, recognised as an Institution of National Importance, and it is producing postgraduates in the field. Centre for Development of Advanced Computing in  Thiruvananthapuram has developed India’s first tool for digital forensics in computers, which is now available in the market. An Ahmedabad-based startup, Forensics Cybertech Machines, is currently working on creating India’s first digital forensics tool for smartphones. Previously, all such tools were imported.

The DPDP Act, 2023, has injected a sense of urgency into advancing the sector by universalising the need for digital forensics. The government could step in to accelerate the growth of this industry. Firstly, notify more labs under Section 79A of the IT Act as examiners of electronic evidence, including private labs, with requisite infrastructure.

Secondly, implement a standardised graded awareness-cum-training programme, depending on functional needs, for the police, prosecution, and judiciary in a time-bound manner. Considering the large number of personnel to be trained, this could be done online or in hybrid mode. Experienced private forensics companies could be roped in for training.

Thirdly, ensure that the Bhartiya Nyay Sanhita Bill, the Bhartiya Nagrik Suraksha Sanhita Bill, and the Bharatiya Sakshya Bill remove limitations of the IPC, CrPC, and Evidence Act to accommodate digital forensics evidence.

Fourthly, colleges offering digital forensics degrees should collaborate with practitioners so that the latest advancements in digital forensics are incorporated in the syllabus. Fifthly, the Ministry of Electronics and IT (MeitY)/Innovation for Defence Excellence (iDEX) could launch targeted startup challenges for creating homegrown forensic tools. Sixthly, MeitY should enable development of Indian standards based on homegrown products and services and facilitate their adoption by international standards bodies. Lastly, the Data Protection Board could lay down the standard operating procedures for internal digital forensics for vulnerable industry segments like banks and critical infrastructure. 

The moment has arrived for digital forensics to emerge from obscurity and occupy a seat of prominence among various disciplines in the digital domain. As demand grows, the moderately competitive market of the digital forensics industry, with low entry barriers, could witness many new players, creating additional employment. With its strengths in data analytics and AI, India has the potential to lead the digital forensics industry into the limelight during its growth phase with the right enabling environment.

The writer is a former defence secretary of India, and distinguished visiting professor, IIT Kanpur