UP Police doing a poor job in probing cyber crimes, misuse of non-consensual images: Allahabad High Court

The Allahabad High Court recently expressed concern over the poor quality of investigation by the Uttar Pradesh police into cases of sharing and circulating non-consensual images, particularly of women. .Justice Ajay Bhanot said that the circulation or transmission of “indecent videos” is an emerging menace to the society and that women are the most vulnerable targets.The Court said it has been repeatedly expressing its concern at the poor quality of police investigation into cyber crimes but without much success. “Cyber offences are becoming a menace for the society. In particular indecent photographs of persons being captured, stored or transmitted through digital devices is tearing apart the social fabric of the country. Women victims are more vulnerable to such offences. These offences may have lifelong traumatic consequences for the victim,” the Court said.Therefore, it urged the Uttar Pradesh Police to gear up to face the challenge of the emerging menace..The Court added that such offences may leave lifelong traumatic consequences for the victims and that it is the responsibility of the police to investigate cyber crimes in a professional manner.“The police authorities have to gear up their investigations skills and proficiency to meet the challenge,” the single-judge said.Besides highlighting the poor investigation, the Court also noted that there was lack of supervision in such matters.“These are two fault lines. The Court has been noticing and red flagging for the police authorities but with little success,” the single-judge said. .Justice Bhanot made the remarks in at least three cases while hearing the bail petitions moved by the accused. The Court in one of the cases on April 30 had summoned the Senior Superintendent of Police of Bulandshahr after noting the “unprofessional approach” of the police in investigating the cyber crimes.The police in the case had failed to seize or send a mobile phone to a forensic science laboratory for analysis. The SSP Shlok Kumar later conceded that there was deficiency and informed the Court that disciplinary action was taken against the officials..While highlighting the responsibility of police in such cases, the Court in an order dated May 16 also said that it was obligatory on the trial courts to ensure that further investigations are permitted when lapses are noticed. “Need for further investigation may arise for various reasons including unintentional oversight during the investigation. Further investigation will help to ensure that full evidence is produced before the court to arrive at the truth of the matter. The court should not adopt a pedantic view and block further investigation by rejecting such applications without due cause. To the contrary the court should ensure that appropriate investigation unearth all relevant evidences for consideration by the court,” it said..The Court further observed that the offenders cannot go scot-free on account of inadequacy in investigations or pedantic view adopted by the trial court. The single-judge also emphasised that it is responsibility of the trial court to examine any deficiency in the investigation at the stage of taking cognisance of the offence.The legislative intent is to enable the investigating agencies to cure such deficiency in investigations and tender all relevant facts and evidences in the trial, the Court said..Considering the state of affairs, the Court directed the State to ensure that existing infrastructure in forensic science laboratories is regularly upgraded to keep pace with the rapid advancements in technology.It also forwarded a copy of its order to the Director General of Police, Uttar Pradesh..Advocates Hemant Sharma, Saurabh Kumar, Mayank Yadav and Vivek Singh represented the accused.[Read Orders]