INVESTIGATION INTO FACEBOOK RELATED CRIME



INVESTIGATION INTO FACEBOOK RELATED CRIME








Formal Complaint
• A complaint was lodged by ABC alleging to the effect that about creation of a fake face book account in his name having profile name:- ABC and URL:- https://www.facebook.com/profile.php? id=1000065571XXXXX&fref=ts. He came to know about opening of the said fake face book account on 11/09/2019,and his wife has visited the fake face book account and informed him over phone. In the said fake face book account, the accused person has posted his photographs along with his morphed photograph having pornographic content. In that fake face book account, the accused person has also posted false and baseless information in respect of his character.

The accused person has posted /published a number of photographs containing obscenity,vulgarity, nudity, sexual explicitly act and conduct in that fake face book account with an intention to defame him in the society. Due to the said postings and creation of fake facebook account, he is suffering mentally & harassed. He is submitting the screenshots of the fake facebook account & the nude photographs posted in that fake facebook account. He is also informing that, he has no facebook account in the facebook website.

URL
{UNIFORM RESOURCE LOCATOR}

URL of alleged Facebook account
https://www.facebook.com/profile.php?id=1000065571XXXXX&fref=ts

Sections of Law
•IPC:- 292/465/469/506 and I.T Act:- 66-C/67/67-A of Information Technology Act- 2008. 

 Sec. 292 of IPC:- Sale etc., of obscene books etc.,Whoever: sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation,
or for purposes of sale, hire, distribution, public exhibition or circulation, makes, reduces or has in his possession any obscene book, pamphlet,paper, drawing, painting, representation or
figure or any other obscene object whatsoever,

Sec. 500 of IPC:- Punishment for defamation.Whoever defames another shall be punished with simple for a term which may extend to two years, or with fine, or with both.

Sec. 465 of IPC:- Punishment for Forgery
Whoever commits forgery {making false document or false electronic record} shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Sec.469 of IPC:- Forgery for purpose of harming reputationWhoever commits forgery, intending that the document forged shall harm the reputation of any
party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of
either description for a term which may extend to three years, and shall also be liable to fine.

Sec. 66C: Punishment for identity theft
Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person. Punishable with imprisonment of either description for a term which may extend to three years and shall also be liable to fine with may extend to rupees one lakh.

Sec. 67: Publishing of information, which is obscene in electronic form
Whoever publishes or transmits or causes to be published in the electronic form any material which is lascivious or appeals to the prurient interest if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances to read, see or hear the matter contained or embodied in it.Punishable on first conviction with imprisonment of either description
for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.

Sec. 67 A: Punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic form
Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct.Punishable on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend
to ten lakh rupees. Cognizable & Non-bailable

Procedures:

Section:- 161 of Cr.P.CProvided further that the statement of a woman against whom an offence under section 354,
section 354A, section 354B, section 354C,section 354D, section 376, section 376A, section
376B, section 376C, section376D, section 376E or section 509 of The Indian Penal Code is alleged to have been committed or attempted, shall be recorded, by a woman police officer or any woman officer

Section:- 164 of Cr.P.C
“(5A) (a) In cases punishable under section 354,section 354A, section 354B, section 354C, section
354D, sub-section (I) or sub-section (2) of section 376, section 376 A, section 376B, section 376C,
section 376D, section 376E or section 509 of the 45 of 1860. Indian Penal Code, the Judicial Magistrate shall record the statement of the person against whom such offence has been Committed in the manner prescribed in sub-section (5), as soon as the commission of the offence is brought to the notice of the police.

Evidence From the complainant
The Investigating Officer has to seize the following articles:-

  • Screenshot of the fake Facebook account.
  • Specifically those screenshots containing postings /photographs posted by the accused.
  • ID proof document of the complainant and after seizure the ID Proof document left in zima of the complainant.
  • Computer system (Desktop or Laptop) in which the postings made in the fake Facebook account were visited by the complainant / Printer (if any) be seized and after seizure the computer system left in zima of the complainant.
  • Seizure of Mobile Phone Handset of the complainant along with SIM Card & Memory Card
    Seizure of Messages sent by the accused to the complainant {printed form or handwritten by the complainant}.
  • The seized Mobile Phone Handset along with SIM Card & Memory Card should be sent to CFSL for forensic examination and opinion. 
From Social Networking Site(hacking)
The Investigating Officer has to collect the information given by the accused in respect of the fake Facebook profiles created in Facebook webpage in the name of the complainant:-
  • Profile name
  • URL
  • Profile picture
  • Date of creation of the account 
  • Basic Information
  • Address
  • Work & Education
  • Family
  • Status
  • List of Friends
Correspondence to be made by Police
To Facebook Law Enforcement Response Team, USA :-
Summon u/s 91 of Cr.P.C. (Summon to produce documents) submitted to the Facebook Law Enforcement Response Team,USA to furnish the account registration details along with log details in respect of fake Facebook account.

Queries to be made to Facebook Law Enforcement Response team as under:
  • The user registration detailsof the fake Facebook account in respect of the aforementioned User Name and URL.
  • Date of Creation:- The date of creation of the Facebook account along with IP details.
  • Browsing Log:- The browsing log details in respect the aforesaid Facebook account from the date of registration to till date.
  • Emails: - Email addresses added to the Facebook account (even those removed by the user).
  • IP Addresses: - A list of IP addresses where the user logged into Facebook account.
  • Phone Numbers: - Mobile phone numbers added to the Facebook account, including verified mobile numbers added for security purposes.
  • Deleted Messages/ Photos:-If the user deleted the messages or photos posted in the said Facebook account, may be retrieved.
  • Address: - The current address or any past addresses the user had on Facebook account.
  • Alternate Name: - Any alternate names the user has on the Facebook account (ex: a maiden name or a nickname).
  • Linked Accounts:- A list of the accounts the user has linked to Facebook account.
  • Messages:- Messages the user sent and received on Facebook.
  • Chat:- A history of the conversations the user had made on Facebook Chat.
Facebook Information :-IP details.
•••••••••••••••••••••••
Service Facebook
Target 1000065571XXXXX (Generated 2013-11-06 07:51:07 UTC)
Date Range 2001-01-01 08:00:00 UTC to 2013-11-05 08:00:00 UTC
Name First ABC
Middle
Last
Registered
Email
Addresses
dasashisxxx@gmail.com
Vanity Name
Registration
Date
2019-09-07 05:10:01 UTC
Account
Closure Date
Account Still
Active
false
Time 2019-10-04 07:20:23 UTC
Phone
Numbers
Credit Cards
Recent Session
Activities
IP Address 115.240.154.78
Time 2019-10-04 05:30:13 UTC
IP Address 115.240.154.78
Time 2019-10-04 05:29:16 UTC
IP Address 115.240.154.78
Time 2019-10-04 05:29:06 UTC
IP Address 115.184.181.131
Time 2019-09-29 06:05:24 UTC
IP Address 14.142.140.47
Time 2019-09-26 02:59:31 UTC
IP Address 101.62.70.169
Time 2019-09-23 14:09:15 UTC
IP Address 115.253.34.2
Time 2019-09-22 15:06:49 UTC
IP Address 115.243.34.154
Time 2019-09-19 05:12:43 UTC
IP Address 115.253.105.8
Time 2019-09-17 06:43:43 UTC
IP Address 115.243.94.57
Time 2019-09-15 11:48:14 UTC
IP Address 115.184.185.218
Time 2019-09-14 06:49:30 UTC
IP Address 115.250.4.226
Time 2019-09-10 13:29:23 UTC
IP Address 115.253.52.29
Time 2019-09-08 13:38:12 UTC
IP Address 122.50.134.251
Time 2019-09-07 06:47:45 UTC
IP Address 122.50.134.251
Time 2019-09-07 06:45:05 UTC
IP Address 115.253.120.167
Time 2019-09-07 05:10:03 UTC

From the report of Facebook:-
Target:- 100006557XXXXX
Registration Date:- 2019-09-07 05:10:01 UTC , 10:40:01 IST}
Vanity:-
Emails:- dasashisxxx@gmail.com
Name First :- Ashis
Last:- Das
Phone Numbers:-

 Correspondence to be made to E-mail Service Provider:-
Summon u/s 91 of Cr.P.C. submitted to the Nodal Officer of E-mail Service Provider to furnish the account registration details along with log details in respect of E-mail account.

Information in respect of e-mail ID:-
  • Account Registration Details
  • Date & time of creation of the e-mail account
  • IP log at the time of creation of the account
  • Physical address if any of the computer
  • system used by the fraudster
  • Browser information
  • Mobile Phone Number used at the time of registration and updation of the e-mail account {registered mobile phone number}
  • Secondary e-mail account
  • Log details of the e-mail account
Reports From the E-mail Service Provider
Name:-
E-mail:-
Status:-
Services:-
Secondary E-mail:-
Created on (with date & time):-
IP Address:-
SMS:-
Log details:-

Analysis of IP
  • After obtaining the IP from Facebook,analyze the IP through Utrace website (free tool available in Google) to ascertain the ISP of the user.
  • Convert UTC format to IST by adding (+)05.30 hours
  • Ascertain the identity of ISP from IP such as (BSNL, VODA, Airtel, Aircel, Relance,IDEA etc.) from the IP.
Reports
From the report of Facebook Law Enforcement Response Team & Legal Investigation Supports, Google, Inc., it is found that the accused had accessed the internet by using Reliance Communication
Ltd. (ISP) to commit crime.

Correspondence to be made to Internet Service Provider:-
  • User Subscriber Details of the IP address
  • Telephone number in case of DSL/CDMA/3G, and Dial up
  • Other relevant information in respect of the User Subscriber, address of correspondence, contact number,e-mail IDs,billing details.
  • MAC ID of the alleged computer system or IMEI Address of the computer resources with respect of the relevant IP address
  • CAF / NTC in respect of the User Subscriber in respect of the alleged IP address.
Correspondence to be made to Mobile Service Provider:-
  • Subscriber Details
  • Date of Activation (DOA)
  • Customer Acquisition /Application Form (CAF) {in original}
  • CDR for the alleged period
  • Certificate u/s 65-B of the Indian Evidence Act 
Investigating Officer will seize From the possession of accused:-
  • Laptop with charging adapter
  • Computer system, its other components (Monitor, CPU,UPS, Keyboard, Mouse)
  • Hard Disk from the seized CPU
  • Modem
  • Pen Drive /USB Drives /CDs/ DVDs
  • Mobile Handsets
  • SIM Cards
  • Memory SD Card
  • Dongles
  • Cables
  • Telephone Bills 
  • ID Proof documents
  • Documents of the house
  • If any company, then its details 
  • If employed, then documents of the office like Identity card etc.,
  • Computer (Desktop / Laptop)
  • Mobile Phone Number along with SIM Card / Memory Card/USB Drive / Flash Drive / Pen Drive
  • External Hard Disk if any
  • CD / DVD
The Police Officer will Write down each computer resource's like:
  • Make
  • Model
  • Colour
  • Sl. No.
  • Capacity
  • Service Tag No. (if any) and the Seized Exhibits be sent to CFSL for examination and opinion
Finally after getting all the Evidences and Reports, the Police Officer will file the Chargesheet before the Concerned Hon'ble J.M.F.C. or Metropolitan Court.

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