[Cyber Crimes] Investigators Not Well Skilled, Delay In Investigation Can't Be Held Against Them: Punjab & Haryana High Court

The Punjab & Haryana High Court has observed that cybercrime is an emerging field, and even investigators lack the necessary skills and educational qualifications. Therefore, if an investigation takes longer than usual, it cannot be considered a" deliberate attempt" to delay the investigation.

A pre-arrest bail was filed in a cyber crime case wherein the petitioner was accused of providing a software link which produced fake tax receipts.

While stating that petitioner is not entitled to bail for the delay in investigation, Justice Anoop Chitkara said, "simply because the petitioner was initially not arrested and not named in the FIR does not mean that the crime which he committed, also eclipsed. It needs no saying that cyber law is an emerging field and even the investigators are neither well skilled nor possess the requisite educational qualifications required to tackle cyber crimes:thus. it they take more than usual time to complete the investigation, it cannot be taken against the investigator as a deliberate attempt to delay the investigation."

The Court was hearing an anticipatory bail petition of Satpal Chaudhary, who was booked under Sections 420, 465, 467, 471, 120-B IPC and Sections 7, 7A, 13(1)(a) r/w 13(2) of Prevention of Corruption Act 1988.

It was alleged that Chaudhary had provided link of a software to a co-accused, who produced fake tax receipts. The co-accused of the petitioner were posted at the tax collection centre, and have been instrumental in the preparation and issuance of forged and fabricated receipts of the tax pertaining to the vehicles entering Punjab from other states.

The counsel for the petitioner argued that the investigation was completed qua co-accused, and the challan was presented way back in November 2022. After that, the investigator wants to arrest the petitioner without any explanation to justify the delay.

After hearing the submissions, the court opined that the petitioner cannot be entitled to bail for the delay in investigation as in cyber crimes, investigators are not well equipped and hence it takes time to conclude.

The Court noted that the contention that the petitioner is illiterate and does not know how to use software is contradicted by the State counsel.

It was submitted by the State counsel that during the investigation it was found that the petitioner knows how to use computers and mobile phones.

A co-accused Sandeep Kumar disclosed that Chaudhary provided him with a fake software link. After that, it was found that the petitioner was running a Khokha on rent to issue tax receipts at Haryana's Kurukshetra, noted the Court.

The judge also took note of the submission that after the arrest of the co-accused, a chargesheet U/s 173 Cr.P.C. was filed before the competent court, and accused Chaudhary joined the investigation but he has not cooperated in the investigation, and was not ready to disclose about the leading supplier of the software link.

Consequently, Justice Chitkara opined that given the nature of allegations, custodial interrogation is required. "An analysis of the allegations and evidence collected does not warrant the grant of bail to the petitioner," added the judge.

Balvinder Sangwan, Advocate for the petitioner.

Kanav Bansal, DAG, Punjab.

Title: Satpal Chaudhary v. State of Punjab

Citation: 2024 LiveLaw (PH) 122

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