UP Police Doing A Poor Job In Probing Cyber Crimes, Misuse Of Non-Consensual Images: Allahabad HC

It definitely cannot be ever taken for granted or be dismissed lightly when none other than Allahabad High Court which is one of the oldest High Court and biggest High Court in the whole world in a most learned, laudable, logical, landmark and latest judgment titled Dharmendra vs State of UP in Criminal Misc. Bail Application No. – 56170 of 2023 that was pronounced just recently on 16.5.2024 expressed its utmost concern and deepest dismay over the pathetic and poor quality of shoddy investigation by the Uttar Pradesh police into cases of sharing and circulating non-consensual images, particularly of women. We must note here that the Single Judge Bench comprising of Hon’ble Mr Justice Ajay Bhanot minced just no words to state in no uncertain terms most unequivocally observing very sagaciously that the circulation or transmission of “indecent videos” is an emerging menace to the society and that women are the most vulnerable targets. It is definitely a cause of greatest worry that the Single Judge Bench comprising of Hon’ble Mr Justice Ajay Bhanot also lamented that it has been repeatedly expressing its concern at the poor quality of police investigation into cyber crimes but without much success. It is high time and what the Allahabad High Court has pointed out must be taken most seriously and cyber crimes must be made more strictly punishable and all uncertainties looming over it must be eliminated by plugging all the loopholes and ushering in more certainty and this must be done on a war footing and no more dilly-dallying on it should be permitted any longer!

It merits mentioning that considering the pathetic state of affairs, the Allahabad High Court very rightly 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 must be taken most seriously that the Single Judge Bench further minced absolutely just no words to hold unambiguously that the offenders cannot go scot-free on account of inadequacy in investigations or pedantic view adopted by the Trial Court. It also forwarded rightly a copy of its order to the Director General of Police, Uttar Pradesh.

At the very outset, this brief, brilliant, bold and balanced judgment authored by the Single Judge Bench comprising of Hon’ble Mr Justice Ajay Bhanot of Allahabad High Court sets the ball in motion by first and foremost putting forth in the opening para that, “Shri Shlok Kumar, Senior Superintendent of Police, Bulandshahar is present in Court and filed his personal affidavit which is taken in the record. Affidavit filed on behalf of Forensic Science Laboratory, Ghaziabad is also taken in the record.”

To put things in perspective, the Bench while elaborating on the facts of the case envisages in the next para of this notable judgment that, “As per the prosecution case indecent photographs of the victim were captured, stored and transmitted by the applicant from his mobile device to the mobile device of one Dharmendra. The mobile device of the said Dharmendra was not seized or sent to the forensic science laboratory for analysis during the course of investigations. This deficiency in the investigation came to light during the bail hearing. The said deficiency has also been acknowledged in the affidavit filed by the Senior Superintendent of Police, Bulandshahar. Disciplinary action for such lapses has been initiated against the responsible officials. But that will not suffice.”

Most significantly, the Bench while taking potshots at the pathetic manner in which cyber crime investigation is carried out by the police minced just no words to postulate in the next para of this noteworthy judgment that, “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. It is the responsibility of the police to investigate cyber crimes in professional manner and obligation of the courts to ensure that further investigations are permitted in case any lapses are noticed at the appropriate stage as per law.”

Most forthrightly, the Bench also mandates further in the next para of this robust judgment that, “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.”

Do note, the Bench notes in the next para of this remarkable judgment that, “It is submitted on behalf of the learned AGA that the Senior Superintendent of Police, Bulandshahar will file an application for taking out further investigations under Section 173(8) Cr.P.C. before the learned Sessions Court. The mobile device of said Dharmendra (receiver of the indecent photographs) has to be seized and sent for authentication and forensic analysis.”

It is worth noting that the Bench minces just no words to note in the next para of this commendable judgment that, “In the instant case indecent photographs of the victim have been circulated on social media. The offenders cannot go scot-free on account of inadequacy in investigations or pedantic view adopted by the trial court. Infact it is the responsibility of the trial court as well to examine any deficiency in the investigation at the stage of taking cognizance 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.”

It cannot be just glossed over and has to be taken most seriously that the Bench underscores in the next para of this cogent judgment that, “Considering the facts of this case further investigation is an imperative requirement in the facts of this case to arrive at the truth of the matter and to uphold the law and bring the offenders to justice. This becomes all the more necessary since the Forensic Science Laboratory, Ghaziabad in its affidavit has admitted to its inability to extract the entire data from the mobile device of the applicant.”

Be it noted, the Bench mandates in the next para of this refreshing judgment that, “In the meantime the Home Secretary, Government of U.P., Lucknow and Additional Director General of Police (Technical Services), Government of U.P. are directed to ensure that the existing technology/know how in the Forensic Science Laboratories is regularly upgraded to keep pace with the rapid advances in technology.”

Further, we must note that the Bench directs in the next para of this rational judgment that, “A copy of this order be placed before the trial court for deciding the application for further investigations in light of the facts of this case.”

Furthermore, we need to note that the Bench then hastens to add in the next para of this precise judgment directing that, “On the next date of listing a fresh affidavit shall be filed by the SSP Bulandshahr bringing the application as well as the order passed by the trial court thereon before this Court.”

On a sober note, the Bench then notes with satisfaction in the next para of this credible judgment that, “This Court finds that submissions on behalf of the State reflect an honest desire to professionally investigate the case and gather all evidences which were left out due to lack of proficiency in the investigation as culprit of such offences cannot go scot free.”

What’s more, the Bench then goes on to add further in the next para of this recent judgment stipulating that, “In case the police is able to access the mobile device of said Dharmendra during the course of further investigation the FSL report as regards the same shall also be placed before this Court.”

Not stopping here, the Bench then further for sake of clarity clarifies in the next para of this courageous judgment directing that, “Personal appearance of Shri Shlok Kumar, Senior Superintendent of Police, Bulandshahar is exempted.”

Finally, we see that the Bench then concludes by holding and directing in the last para of this praiseworthy judgment that, “Put up this case on 10.07.2024 in the list of fresh cases.”

All said and done, we need to certainly acknowledge and applaud that the Single Judge Bench comprising of Hon’ble Mr Justice Ajay Bhanot of Allahabad High Court has done a yeoman’s job in bringing it to the spotlight that UP police is definitely doing a poor job in probing the cyber crimes into heinous cases of sharing and circulating non-consensual images and particularly of women which cannot be just brushed aside or taken for granted. It is very rightly pointed out by the Bench in this learned judgment that, “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.” It thus definitely merits no reiteration whatsoever and is also a no-brainer that such cyber crimes have to be definitely taken most seriously and combated on a war footing most urgently! No denying or disputing it!

Sanjeev Sirohi, Advocate,

s/o Col (Retd) BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.