IR.B.6 English
IR.B.6 English
Table of Contents
1. Incident Response Procedures & Crime Scene Management ..................................... 4
1.1. Defining Incident Response (IR)........................................................................... 4
2. Steps to Follow by the First Responder at the Scene of Crime .................................... 4
2.1. Steps to follow ........................................................................................................ 4
2.2. Planning and Organization .................................................................................... 4
2.3. Preservation of the Scene and Evidence ............................................................... 6
2.4. Documenting and Recording Crime Scene ........................................................... 7
2.5. Identifying Potential Evidence .............................................................................. 9
2.6. Labeling and Seizing Evidence ............................................................................. 11
2.7. Acquisition and Authorization ............................................................................ 14
2.8. Packing of Evidence ............................................................................................. 14
2.9. Transporting and Storing Evidence .................................................................... 15
3. Important Documents for First Responder ................................................................17
3.1. Chain of Custody Form .........................................................................................17
3.2. Registering an FIR at the Police Station ............................................................. 18
3.3. Drafting an FIR .................................................................................................... 19
3.4. Documents to be sent with FIR ........................................................................... 23
4. SOP for Handling the Digital Crime Scene/Digital Evidence.................................... 27
4.1. Consequences of Tampering Digital Evidence .................................................... 27
5. Reference: ................................................................................................................... 30
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After collecting this information, you need to ensure that you carry the required
toolkit.
When you go to a crime scene, you should carry a toolkit that is relevant to the
crime. Special tools and equipment are required to collect electronic evidence.
The investigating officer should have access to the tools and equipment
necessary to document, seize, disconnect, remove, package and transport
digital evidence from the scene of crime.
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Besides the digital crime scene toolkit, the investigating officer should also
carry general crime scene tools which are as follows:
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• Another key point when preserving evidence is ensuring that any individual
present at the crime scene does not destroy the evidence owing to their own
selfish reasons.
While securing the crime scene, the first responders should separate and identify
all adult persons of interest at the crime scene and record their location at the time
of entry into the scene. No one should be allowed access to any computer or
electronic device. Within the parameters of the applicable State and local laws, first
responders should obtain as much information as possible from these individuals
through preliminary interviews, including:
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custody. The initial documentation of the scene should include a detailed record
using video, photography, notes and sketches to help recreate or convey the details
of the scene later. The Investigating officer should also document observations of
the crime scene including the location of persons and items within the crime scene
and the appearance and condition of the scene upon arrival. The officer should also
record statements of all those present at the crime scene including suspect. Use
voice recorder to record statements, if possible.
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• Record any network and wireless access points that may be present and
capable of linking computers and other devices to each other and the
Internet. The existence of network and wireless access points may
indicate that additional evidence exists beyond the initial scene.
Physical Evidence includes any material object, such as blood stains, knife, and
hair samples, which are used to establish that a crime has been committed. The
recognition and recovery of physical evidence aims at locating and identifying a
maximum number of potentially relevant evidence, and selecting appropriate
recovery methods.
In addition to physical evidence, the first responder should also look for Digital
Evidences. Digital evidence refers to data and information that is used to establish
a crime has been committed and is stored on any electronic device, such as
desktops, mobile phones, and laptops.
Digital evidence can be volatile and non-volatile. So, in case of volatile evidence
you must collect it as soon as possible from the crime scene as it will be available
only till the system is running.
Digital evidence that you can collect from the scene of crime can be volatile
evidence, non-volatile evidence, and other peripheral devices.
Volatile digital evidence, includes data in RAM and mounted virtual drives.
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The next step that you need to follow as a first responder is labeling and seizing
the evidence.
As part of seizure and labeling, you must label all the evidence properly and
photograph the evidence with labels. You must also note the serial number, make,
model, item description and purpose of seizure in the seizure note. Let us first look
at the steps that you need to follow when seizing different digital devices.
1. If the computer is powered-on, you need to perform the given steps during
seizure.
2. As the first step, you need to photograph the screen.
3. In powered-on stage, the computer would contain evidence in the volatile
memory i.e. RAM and Cache of the computer. So, you need to collect the
data present in the RAM.
4. Then, you need to check the display screen for signs that digital evidence is
being destroyed. Some of the words to look out for include “delete,”
“format,” “remove,” “copy,” “move,” “cut,” or “wipe.”
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5. After this, look for indications that the computer is being accessed from a
remote computer or device.
6. Look for signs of active or ongoing communications with other computers
or users such as instant messaging windows or chat rooms.
7. Take note of all cameras or Web cameras or Web cams and determine if they
are active.
8. Check for virtual drives. If found, collect logical copies of mounted data.
9. Then, you need to label and photograph all connections and ports.
10. Disable network connectivity to prevent remote access.
11. Disconnect the power/shutdown the computer.
12. Then, open CPU chassis to locate Hard Disk and disconnect it.
13. Finally, you need to Seize and package all evidence in bags.
14. At the end, tag or label each bag.
1. The first step that you need to perform is to search and identify the mobile
device that you think needs to be seized.
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2. Then, check if the mobile phone is on. If the mobile phone is on, achieve
isolation by switching the mobile to flight mode.
3. Then, you should photograph and document what is in the mobile phone.
4. Always remember not to insert any SIM card or replace SIM in the mobile
phone as it may risk losing the data/evidence contained in the mobile
phone.
5. Next, you should disable Pattern lock, pin from the phone.
6. Then, complete the evidence seizing procedure.
Section 165 Cr PC and Section 80 of the ITAA 2008 provides the legal provisions
empowering the Investigating Officers to conduct search and seizure.
1. Ensure that one of the technical people from the responder side along with
two independent witnesses is part of the search and seizure proceedings.
This is required to identify the equipment correctly and to guide the
Investigating Officer and witnesses.
2. Refer to the notes made during the pre-investigation assessment for cross
verifying and correctly documenting the technical information regarding
equipment, networks and other communication equipment at the scene of
crime.
3. Note down accurate Time Zone and System. Time play a very critical role in
the entire investigation. So, you should ensure that this information is noted
carefully in the Panchnama, from the systems that are in switched on
condition.
4. Always remember, DON’T switch ON any device.
5. Make sure a serial number is allotted for each device and the same should
be noted not only in the Panchnama but also in the Chain of Custody and
Digital Evidence Collection forms.
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The investigation officer or first responder must take the hash value of both suspect
and forensic image. This will ensure that any tampering of the digital evidence post
seizure is detected.
1. You should use antistatic aerated cover to place the seized hard disk
2. You must pack mobile phones in a Faraday bag, so that it does not receive
any signals.
3. You should leave mobile phones in the same state, power -on or –off mode,
in which they were found.
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While sending the evidence to forensics lab, a fresh hard disk of approximately
same capacity should also be sent for forensic imaging along with the suspected
storage media.
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As per the Guidelines Mentioned by NICFS for Chain of Custody, the chain of
custody is established whenever an investigator takes custody of the evidence at a
crime scene. This chain is maintained when the evidence is received from another
officer.
Some of the key points that you need to keep in mind when creating a chain of
custody document are:
1. The chain-of-custody record for all the items collected from the crime
scene must be documented. Each evidence collected should be tagged and
must include the following details:
a. Case reference number FIR, dated and Police Station.
b. Exhibit number.
c. Date and time of collection.
d. Item description.
e. Identity of the person who collected the evidence.
f. Location where the item was found.
g. Name and signature of the person who collected the evidence.
2. In case of digital evidence, the hash value of each digital evidence must be
computed and recorded individually on every transfer in order to maintain
the authenticity and integrity of digital evidence records. Individuals
assuming custody of such digital evidence must sign a chain-of-custody
document mentioning the respective hash values.
3. A clear, well-documented chain of custody should be established through
the following:
a. Notes, including information recorded above and any unusual
markings on or alterations to the item.
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First Information Report (FIR) is a written document prepared by the police when
they receive information about the commission of an offence/crime. It is generally
a complaint lodged with the police by the victim of an offence or by someone on
his/her behalf. Anyone can report the commission of an offence/crime either orally
or in writing to the police. Even a telephonic message can be treated as an FIR.
• Well, it is the earliest record made of an alleged offence before there is time
for its particulars to be forgotten or embellished.
• It can be used to corroborate or impeach the testimony of the person filing
it under sections 145,157 and 158 of the Indian Evidence Act.
• It can also be used under clause(1) of section 32and illustrations (j) &(k)
under section 8 of the Indian Evidence Act.
• It is necessary that the drawing up of this document is done with utmost
care and accuracy and with all available details.
Anyone who knows about the commission of an offence can file an FIR. It is not
necessary that only the victim of the crime should file an FIR. A police officer who
comes to know about an offence can file an FIR himself/herself.
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As per the Police Manual Vol 2. by Sikkim Police, salient points to be remembered
when registering and dispatching an FIR are:
1. Write the FIR immediately with all available details, mentioning the name
of the complainant or informant, father’s or husband's name, age,
occupation and residence, the time of reporting at the police station and
brief particulars of the report, including the crime number and section of
law and indicating the action taken. Substance thereof shall be entered in
the GD.
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While drafting an FIR, you need to fill in the following columns of the FIR
correctly:
a. Date and hour of occurrence. If you don’t know the correct time of
occurrence, give the approximate time and, if you don’t know the
exact date of occurrence, place it between two dates.
b. Date and hour when reported.
c. Place of occurrence and distance and direction from police station.
d. Date of dispatch from the police station.
e. Name and residence of informant or complainant. The complainant's
or informant’s full name with aliases, if any, address and father's
name.
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f. Name and residence of the accused. The full name of each of the
accused with aliases, if any, address and father's name.
g. Brief description of the offence, with section and details of property
stolen/taken away, if any. Note the section of law and modus
operandi classification, and the details and value of stolen property.
If the list of stolen property is lengthy, it must be made on a separate
sheet of paper and attached to the FIR and the fact mentioned in this
column. In such a case, the list should bear the signatures of both the
complainant and the SHO.
h. Reason for any delay in recording information or lodging of the
complaint.
i. Signature and designation of the recording officer should be on all
the pages.
j. Use only the prescribed form and fill up all the columns accurately
based on available information using words and symbols prescribed,
correctly in brief language, which brings out essential features of the
crime. It is not advisable to use words such as “Nil” when information
in particular column is not available at that moment.
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2. Attach the original written complaint to the original copy of the FIR to be sent
to the Magistrate
3. Dispatch the copies of the FIR to the Magistrate (in original) and other officers
without any delay and enter the manner, the date and hour of dispatch in the
concerned records
4. Satisfy yourself that the copies of the FIR are delivered promptly under proper
acknowledgment, if sent through messenger. If sent by post, obtain a
certificate of posting
5. In special report cases, send copies of FIR through courier or speed post or by
express messengers, if delivery is local, or by fax or e-mail.
There is a process flow that you must adhere to while drafting an FIR. These
include the following:
1. FIR must be filed immediately. If there is any delay, mention it in the form.
2. If given orally, the FIR MUST be taken down in writing and explained to you
by the officer in charge, at a Police Station within the jurisdiction of which the
offence has taken place.
3. Four copies of FIR must be recorded simultaneously, with carbon sheets in
place.
4. The FIR must be recorded in first person. Do check in which language this
needs to be done.
5. Make sure the officials’ attitude towards victim/complainant is sympathetic
and towards him/her is respectful.
6. Avoid complicated, technical words, terminologies and unnecessary details.
7. Try not to overwrite or score out words.
8. Ensure that the arrival/departure time is mentioned in the FIR and in the Daily
Diary Register at the Police Station.
An FIR must contain authentic information. It should answer all of these questions
with the necessary bits of information:
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All of the given information must be recorded by the officer in the book maintained
for this purpose by the State Government.
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hard disk should be used for making the image. You should always use
higher capacity hard disk for forensic imaging purpose.
2. Forwarding to Forensic Science Laboratory (FSL) Form:
According to the NICFS guidelines on how to handle digital evidence by the
Investigating Officer from the scene of Crime to FSL, when handling digital
evidence the Investigating Officer must follow the given steps:
1 The Investigation Officer must provide physical storage media, e.g. USB,
CD, DVD and hard disk. The new physical storage media may be a
permanent sterile storage media. In case a used hard disk is taken as
physical media for storage of alleged information, it is necessary to wipe off
the previous data from this hard disk.Remember that if you open any file
without using a write blocker, time stamping will change and that would
amount to tampering of the evidence contents hence strictly avoid it.
2 Immediately after transfer of data image to the new physical media as per
the flowchart of data acquisition and imaging that is shown in the Next
Slide, the first thing is to give an evidence or exhibit number to this new
physical media.
3 Then, the Investigating Officer must give a ‘unique number’ to the contents
of the physical storage media in terms of hash value. Unique identification
number or hash value to the contents of the physical media can be given by
use of a software called Hash Algorithm. Unique identification number is
software generated fixed length number. Though it is a randomly generated
number but it does not change if read in any computer.
4 In order to give a ‘unique number’ to the contents of the physical media,
the Investigating Officer should transfer the alleged data to a new sterile
permanent storage media as soon as possible as per the flowchart of data
acquisition and imaging discussed in the next slide.
5 The unique number should be mentioned in panchnama to authenticate the
evidence subsequently.
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When forwarding to Forensic Science Laboratory Form, here are the steps that you
need to perform for evidence suspect and acquisition of evidence.
1. Write Blocker
2. Read bit by bit by using software, such as FTK, Encase and C-
DAC.
3. ‘Generate Unique Identification Number’ to the contents of the
evidence media using Hash Algorithm. You also need to write bit
by bit and make three copies of evidence contents, that is for
Police/court, FSL and Defence Council of new sterile non volatile
storage media such as new USB hard disk, CD and DVD.
4. Mark the Hash Value of Original Contents as N1 and Mark the
Hash Value of Imaged contents as N2, N3 & N4
5. ‘Generate Unique Identification Number’ to all three copies of the
evidence contents using Hash Algorithm.
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For the process of collecting the evidence, here are the standard operating procedure
for its preparation, search, prioritization, and collection. These are as follows:
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Under IPC section 204, if anyone tries to destroy or temper document or electronic
record which he may be lawfully compelled to produce as evidence in a Court of
Justice, or in any proceeding lawfully held before a public servant, as such, or
obliterates or renders illegible the whole or any part of such document or electronic
record with the intention of preventing the same from being produced or used as
evidence before such Court or public servant as aforesaid, or after he shall have
been lawfully summoned or required to produce the same for that purpose, shall
be punished with imprisonment of either description for a term which may extend
to two years, or with fine, or with both.
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5. Reference:
1.
http://sikkimpolice.nic.in/e_library/Sikkim_Police_Manual/Sikkim_Police_Ma
nual_Vol_2.pdf
2. https://www.ojp.gov/pdffiles1/nij/187736.pdf
3. https://www.ojp.gov/pdffiles1/nij/199408.pdf
4. https://www.ojp.gov/pdffiles1/nij/219941.pdf
5. https://www.ojp.gov/pdffiles1/nij/178280.pdf
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