Allahabad High Court Seeks DGP's Affidavit On 'Institutional Capacity' Of UP Police To Tackle Cyber Crime Menace

Expressing dissatisfaction with 'institutional preparedness' on part of the U.P. Police to curb the menace of cyber-related crimes, the Allahabad High Court recently sought the reply of the state Director-General of Police over an array of issues.

Significantly, the Bench of Justice Ajay Bhanot also stressed that the pervasive and fast-evolving nature of cybercrime requires the U.P. Police as an institution to think ahead, plan conceptual responses, and execute a well-thought-out strategic response.

Essentially, an affidavit was filed by the Director-General of Police, in compliance with the Court's January 2022 order seeking details of the steps taken by the UP Police to upgrade its training and other details to curb this menace.

Perusing the affidavit, the Court opined that the institutional capacity of the U.P. Police to give an adequate response to the challenge of cyber-related crimes was not in evidence and it did not reflect sufficient institutional preparedness on part of the U.P. Police to curb the menace of IT-related cybercrimes.

In view of this, the Court, at the outset, stressed the need to build institutional capacity, develop and upgrade technical and investigative skills of investigators, and to nurture professionalism and further, the Court sought a detailed affidavit from the DGP on the following issues:

1. Whether the police has a research department which monitors the existing crimes as well as evolving the pattern of cyber crimes and also proposes the methodology to deal with such crimes. The credentials and qualifications of the staff in aforesaid agency, if any.
2. Details of study programmes and structured courses organized for the investigation officers as well as the police officers in the U.P. Police to deal with the menace of cyber crimes.
3. Whether there is a programme for evaluation of the professional competency for investigating the cyber related crimes. (This may be part of the courses of the institution).
4. Training of officers in regard to gathering and packaging of evidence for presentation in court in accord with the various provisions of the Information Technology Act, Evidence Act and other relevant provisions of law.
5. Technical institutions/organisations from where expert technical opinion is taken for furtherance of investigation or production in court. The procedure and time period in which such expert opinion/evidence is given after demand is made shall be stated.
6. The training of other stake holders like public prosecutors and AGAs.

The Court had sought a 'proper' affidavit on the next date of listing and it posted the matter in the list of fresh cases on March 16, 2022.

Case title - Shabbu v. State Of U.P. And 2 Others

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