THE ROLE OF THE LAW ENFORCEMENT AGENCY IN THE
CRIMINAL JUSTICE ADMINISTRATION SYSTEM
ABSTRACT
The three organ dichotomy of the democratic system is what incontrovertibly represents the ethos of
democracy. In that respect, it is imperative to acknowledge that in spite of theoretical notions of strict
separation of powers among these organs, commingling of purpose and its implementation (with regard to
law enforcement) remains one of the most important functions of the whole system, without functional
extrications based on organ divisions. Law enforcement agencies as integral parts of one these organs are
constitutionally imbued with the task of implementation of the law prevailing at the time. Considering
this, it must be noted that the deplorable state of Indian law enforcement agencies in terms of
aggrandizing rates of human rights violations and increasing institutional tempests has inexorably had
egregious effects on the ability of the country’s legal justice system to dispense justice efficaciously. The
thorny embrace of law enforcement agencies like the police perturbs the democratic calculus on a regular
basis by poorly conducting social intercourse with the common citizenry. The current paper aims at
achieving this very research objective by drawing linkages between accessible statistics regarding the
performance of Indian law enforcement agencies and ideal notions of how they ought to work, so as to
identify a middle ground that may be workable in the present system to transmogrify debilitated
government institutions into relevant bodies for dispensing justice. The paper’s contribution rests in the
unique picture it provides to the reader about both contemporary verities of law enforcement and about
the myriad ways that agencies handling the task can better contribute to embodying values of institutional
cooperation in becoming ‘real’ and not ‘figurative’ portals to access legal justice.
KEYWORDS: Cyber crimes, police attitude, lack of resources, public policy.
INTRODUCTION
Investigation has been defined in law as all the proceedings under the Code of Criminal
Procedure (CrPC) for the collection of evidence conducted by a police officer or by any other
person (other than a magistrate) who is authorised by a magistrate in this behalf. Thus any step
taken by a police officer or a person authorised by a magistrate towards the collection of
evidence in regard to an offence would fall within the ambit of the word "investigation" as
defined in the Code. In keeping with this definition, the apex court has held that investigation
consists generally of these steps : (/) proceeding to the spot; (ii) ascertainment of the facts and
circumstances of the case; (iii) discovery and arrest of the suspected offender; (iv) collection of
evidence relating to the commission of the offence which may consist of, (a) the examination of
the various persons (including the accused) and the reduction of their statements into writing, if
the officer thinks fit, ( b ) the search of places or seizure of things considered necessary for the
investigation and to be produced at the trial; and (v) formation of the opinion as to whether on
the materials there is a case to place the accused before a magistrate for trial and if so, taking the
necessary steps for the same by the filing of a charge- sheet under section 173, CrPC 1. The words
"facts and circumstances of the case" and collection of evidence relating to the commission of
the offence" are significant. They undoubtedly go to show that the investigating officer must
study facts and collect evidence as they exist irrespective of the fact whether they go for or
against the prosecution. The fundamental functional basis for the Criminal Justice System is the
‘law of the land’. The very process of law in a democratic society ensures a measure of public
sanction for law through the consent expressed by their elected representatives. Now the status
quo is that because of the faulty investigation, there could be seen a large number of acquittals,
which is not only detrimental to the society but also exacerbates the erosion of a victim’s faith in
the criminal justice administration system of the country.
WHAT ARE THE LACUNAS IN THE FUNCTIONING OF THE POLICE?
1. At least 40 % of the cases are lost because of the faulty investigation.
2. Legal advisor is needed to be appointed in all police stations to help the investigating officers. This
helps the Police in collection of correct evidence and to not to waste the time in collecting unwanted
evidence or inadmissible evidence.
3. Most important cause for the delay is non cooperation of the public in general.
4. To collect the evidence, the ‘clues’ teams are working only in city limits. The number of Clues Teams
has to be raised so that investigation is improved in districts also.
6. The delay in filing of charge sheet is one of the reasons for the wrong acquittals.
7. The case diaries are not maintained properly for lack of time and it is also affecting the outcome of a
criminal case.
1
H.N. Rishbud v. State of Delhi, 1965 Cri LJ
8. Some formalities mentioned in CrPC such as getting independent and respectable witnesses is difficult
and because of not getting them the genuine cases are also lost.
9. The crime scene is disturbed by the people generally by the time police reaches the crime scene
because of which crucial evidences like finger prints, hair follicles and other things are lost.
10. Delay in forensic experts in sending the medical reports to the police leads to delay in the submission
of charge sheet.
11. Witnesses turn hostile and don’t cooperate with police during the trial.
12. Judges felt that interference of media in matters of investigation should be restricted otherwise it
would hamper the investigation.
13. Judges opined that in cases of damage to public property no charge sheet is being filed.
14. Scientific investigation has to be developed and used in all cases.
On the basis of the entire study the following suggestions could be given
1. Appointment of a legal officer to assist the Investigation: A legal officer may be appointed
for all levels of the police to render advice and guidance on the legal aspects of investigation to
strengthen the utility of the documents collected by the Investigating Officer.
2. Alternative to the appointment of Legal Officers: as an alternative to the appointment of legal
officers the state can allow the Investigating officer to consult the prosecutor during the
investigation and take advice, which will help to improve the legal quality of investigation. This
is suggested in spite of the SC’s declaration that prosecutor shall not interfere with the
investigation. In our research it is found that the police officers don’t know the nuances of the
law of evidence and the case can’t stand the vigorous cross examination of the defence counsel.
3. Setting up of prosecution houses: Special provisions shall be made to protect the witnesses in
the Courts of Justice. There shall be a provision for a “Prosecution house” in the court complex
with police protection, so that the complainant/victim is not left at the mercy of the perpetrator of
crime or exposed to their threats and terror for lodging of a complaint or deposing against. This
move might help to minimize the hostile witnesses’ problem.
4. Networking the Police Stations with the Criminal Courts: Networking all the police stations
and linking with trial courts will improve the situation a lot as there will be immediate
transmission of documents, by which possibility of manipulating or changing the documents
would drastically reduce.
5. Verification of the truth of FIR: At the outset the police officers present at the police station
should immediately register the complaint without probing into the falsity or otherwise of the
complaint. Suspecting the complainant should not become a stumbling block in discovering
reality. The falsity of the complaint is not to be tested or verified by the police officers at the
threshold of FIR lodging.
6. Recording Reasons for delay by IO: If the IO records the reasons for the delay in lodging of
FIR if any, that might help the prosecution in getting the delay condoned. While conducting the
survey of cases in number of cases we have observed that the defence counsel raised an objection
whenever there is a slightest delay in lodging of FIR and in some cases the cases were quashed
on this ground. By observing the above precaution this problem could be solved to some extent.
7. Protection of the crime scene: Besides reaching the scene of crime, the Investigators also
should see that the crime scene is not disturbed by the people generally before police reached so
that the crucial evidences like finger prints, hair follicles and other things are properly secured
and documented. While conducting the survey of cases in the nampally criminal courts we found
that very often the crime scene is disturbed and crucial evidence is lost.
8. Hostile Witnesses: To avoid the problem of witnesses turning hostile and frustrating entire
criminal justice system including the efforts of the police, every effort should be made to support
the witnesses, secure their morale, provide safety to their physical being and make it easy and
respectful for them to depose truth in court hall. Witness support systems, honouring their needs
and respecting their time is needed.
9. Witnesses shall not be summoned by courts: According to sec 100 (5) panch witnesses should
not be summoned to the court and shall not put to unnecessary harassment. Awareness about this
provision shall be given to the public to encourage them to come forward for being a witness.
10. Mandatory recording of statements of witnesses in the presence of the Magistrate: All
important witnesses to grave offences such as murder, rape, dacoity etc shall be immediately and
mandatory taken to the nearest magistrate to record their statements before magistrate. This
might help the prosecution in preventing the witnesses from turning hostile.
11. Prompt filing of Charge-sheet: There should be a very comprehensive and cohesive effort
by all means to drastically reduce the delay in filing of charge sheet. The research team found
that this is one important reason for the wrong acquittal.
12. Case Diary: Every arrangement should be made to see that the case diaries are maintained
properly for any reason such as lack of time as that affects the outcome of a criminal case.
HOW THE POLICE DEALS WITH CYBER CRIMINALS AND
WHETHER THEIR POICY IS FULL EQUIPPED TO DEAL WITH ANY
ADVERSARY?
With rising instances of cybercrime being noted across the country, the need for vigilance in the
cyber sphere has been highlighted by a number of commentators. These crimes have gained
attention subsequent to the notification of demonetization, with rising online banking
transactions and a governmental push towards a digital economy.
Several new issues stemming from the distrust in digital payment systems have been
reported. For example, the cybercrime cell of the Mumbai Police has received several reports of
a scam characterized by persons receiving fraudulent calls allegedly from banks, discussing a
new RBI policy. These calls informed consumers that credit and debit cards were soon to be
deactivated, but if they released their card details, they would be permitted to continue usage.
Once released, these details were misused. While issues such as these do not require extensive
cyber expertise to resolve, their incidence is on the rise. Countering them requires banks as well
as law enforcement agencies to increase their efforts towards educating new adopters.
More concern may be caused by technology-intensive hacking attacks, both from within the
country and outside. Recent instances include the hostilities faced by several Telangana-area
software companies by alleged Pakistani attackers, as well as attacks by the group known as
Legion. Their actions allegedly include the hacking of the twitter and email accounts of Rahul
Gandhi, Vijay Mallya and Barkha Dutt, among others. There has also been an upswing
in ransomware attacks recently, with over 11,000 attacks being reported in just three months.
Reports of India’s first online Ponzi scheme are also now coming to light. This is despite the fact
that 80% of cybercrimes remain unreported according to recent news reports. This post will
review some initiatives taken towards the more efficient investigation of cybercrime by law
enforcement across the country.
CYBER POLICING IN INDIA
Crime and Criminal Tracking Network and Systems (CCTNS)
Approved by the Cabinet Committee on Economic Affairs in 2009, with an allocation of INR 2
billion, the CCTNS is a project under the National e-Governance Plan. It aims at creating a
nationwide networking infrastructure for an IT-enabled criminal tracking and crime detection
system. The integration of about 15,000 police stations, district and state police headquarters and
automated services was originally scheduled to be completed by 2012. However, this
still remains incomplete.
Apart from the slow pace of implementation and budgetary problems, on-the-ground hurdles to
fully operationalizing CCTNS include unreliable Internet connectivity and under-trained
personnel at police stations. Other issues include unavailability of facilities for cyber forensic
analysis in most locations, and lack of awareness regarding online citizens’ services such as
verification of tenants and employees and clearance for processions and events.
Online Complaints
The Central Government, in response to queries by the Supreme Court regarding measures taken
to tackle cybercrime, recently announced that they would be setting up a ‘Centre Citizen Portal’.
This portal will allow citizens to file complaints online with respect to cybercrimes, including
cyber stalking, online financial fraud and others, suffered or observed by them.
The governmental response also details the proposed process, stating that any such complaint on
the portal will trigger an alert at the relevant police station and allow the police department to
track and update its status, while the complainant too would be able to view updates and escalate
the complaint to higher officials.
Cyber Police Stations
Cyber police stations generally include trained personnel as well as the appropriate equipment to
analyse and track digital crimes. Maharashtra, where cybercrime has risen over 140% in recent
times, and which had the dismal distinction of only recording a single conviction related to
cybercrime last year, is converting its existing cybercrime labs into cyber police stations. This
will mean there is a cyber police station in each district of the state. The initiative in Maharashtra
is useful especially because of the rise in online transactions in Tier II and Tier III cities and the
rising cybercrime related thereto. However, despite the rise in cybercrime, complaints remain of
low reportage and low success rates in solving crime. Police officers point to problems
processing evidence, with complex procedures being required to retrieve data on servers stored
abroad.
Cyber forensics firms, such as Volon and AVS Labs, are increasingly being asked to crack cases
of cybercrime, even as law enforcers build their own teams of cyber intelligence experts. Current
laws do not define, and by extension, do not restrict law enforcement agencies from using private
consultants or cyber security researchers to assist them in solving cases. But, filing reports,
procuring evidence and presenting that in court should only be done by the police.
Assigning private agencies to law enforcement can be challenging unless a trustworthy
relationship is built. A clear, defined framework on engaging experts in evolving technology
domains (like cryptocurrency fraud) is lacking, and police are reluctant to do so despite the
growing digital footprint of most crimes. The problem with the cyber crime policy of the police
could be given a thought in the following manner.
The only sizeable source of statistical data on computer crime is provided by surveys of
organizations or private companies that are requested to provide confidential information on their
experiences of computer crime. The results however, are extremely variable and suffer from the
following problems: (i) the organisation may not appreciate that an offence committed is a
computer crime and consider the offence straightforward theft or no offence at all. (ii) the
organisation may deliberately suppress the incident to avoid adverse publicity, the disruption and
costs of a prosecution or because dismissal is deemed sufficient punishment. (iii) the
management may believe that the police or other official bodies are at best ineffective and at
worst, that their use is counter-productive in prosecuting or restricting computer crime. (iv) the
victim may be unaware that a computer crime has been committed. In many computer frauds
amounts too small to alert management are stolen on a repeated basis and (v) the motives of
those carrying out surveys may be questioned. The divide between police and victim is widened
by the police perception that organisations will only seek police assistance in cases where they
cannot conclude a successful investigation themselves or protect their interess. Hence,
organisations are seen as having a commercial attitude to computer crime, the police consider
that a crime should be pursued if there is evidence of commission, tempered naturally by an
evaluation of its seriousness. The cynicism is compounded by the perception that the user rarely
loses as the costs are covered by insurance and increased charges passed on to customers. The
police also intimated that their interest focused on large and complex cases, especially where the
fraudsters are involved in other criminal activities. More routine cases are not only seen as
uninteresting to investigate because of their lack of demand for traditional investigative skills,
but also because they carry very minor penalties when a conviction is obtained. Hence computer
fraud is not a very rewarding crime for police to pursue. For the police, with uniform standards
required to prosecute cases, it would be most desirable to have common systems and procedures
in place among users. The Met., in response to the large increase in mortgage fraud cases, is
preparing guidelines for lenders establishing minimum standards of self protection from fraud.
THE PROBLEM OF UNDERTRIAL PRISONERS IN INDIA
Under-trial prisoners constitute a significant majority of the prison population (65.7%). All the
2,45,244 persons who are within prisons as under-trials are deemed to be innocent in the eyes of
the law. How can a system that calls itself just and fair, justify depriving 2,45,244 “innocent”
people of their liberty? “The consequences of pre-trial detention are grave. Defendants presumed
innocent are subjected to the psychological and physical deprivations of jail life, usually under
more onerous conditions than are imposed on convicted defendants. The jailed defendant loses
his job if he has one and is prevented from contributing to the preparation of his defence. Equally
important, the burden of his detention frequently falls heavily on the innocent members of his
family.” An effective criminal justice system inevitably needs to ensure that accused stands trial
for the crimes they are alleged to have committed. Therein lie the historical roots of incarcerating
people accused of committing crimes. Depending on the gravity of the offence, the police are
empowered to keep a person in their custody for 24 hours, after which any further detention must
be authorized by the judiciary. Save a few exceptions, all are entitled to be released on bail. The
Code of Criminal Procedure 1973 (Cr.P.C.) does not define the term “bail” although offences are
classified as bailable and non-bailable. The former are less serious offences and any person
accused of committing these is entitled to be released on bail as soon as s/he is willing to furnish
bail. When accused of committing non-bailable offences, a person can only be released on bail
by the court if it is satisfied that the person shall attend the court to stand trial; will not tamper
with evidence or influence witnesses or obstruct police investigation in any manner; will not
commit any other offence or hinder the interest of justice.8 Despite sounding fair, the bail
provisions and their implementation is highly discriminatory. As far back as 1971, the Legal Aid
Committee appointed by the Government of Gujarat noted: The bail system causes
discrimination against the poor since the poor would not be able to furnish bail on account of
their poverty while the wealthier persons otherwise similarly situated would be able to secure
their freedom because they can afford to furnish bail. This discrimination arises even if the
amount of the bail fixed by the Magistrate is not high, for a large majority of those who are
brought before the Courts in criminal cases are so poor that they would find it difficult to furnish
bail even in a small amount.
UNDERTRAILS AND THEIR RELEASE: A LEGAL DISPENSATION
An under-trial prisoner’s right against unnecessary detention and the procedure to secure his/her
release is given under the Cr.P.C.
A. Problem: Indiscriminate arrests The power of the police to arrest people is very wide and
they arrest people even when they cooperate with the investigation and are not likely to evade
trial. This results in unnecessary detentions.
Solution: Limiting the powers of arrest as proposed by the Code of Criminal Procedure
(Amendment) Bill 2006 passed by both the Houses of the Parliament in December 2008 and
awaiting the Presidential assent. The Code of Criminal Procedure (Amendment) Bill 2006
amends the existing provisions for arrest, i.e. section 41 (and also inserts section 41A into the
Cr.P.C). Section 41 limits the indiscriminate powers of arrest of police officers. A person cannot
be arrested merely because there is a complaint against her/him. It must a “credible”
complaint/information and the police officer must “have reason to believe” that “such person has
committed the said offence”. In cases involving an offence punishable with imprisonment up to a
maximum of seven years, the police officer can arrest a person only under certain specified
condition laid down in the law. The officer must record her/his reasons for arresting in writing.
In cases, where the specified conditions are not met, the police officer may, instead of arresting a
person, issue to her/him a notice of appearance. This requires the accused to appear before the
police officer when required and to cooperate with the police officer in the investigation of the
offence. This provision, if properly implemented, will lead to a vast reduction in the number of
persons – accused for offences punishable up to 7 years – who would have otherwise ended up
being detained in prison during the period of investigation, inquiry or trial of their offence.
B. Problem: Detention in bailable cases owing to poverty Many poor people are detained in
prisons for alleged involvement in bailable offences primarily because they are unable to furnish
surety. This is a serious concern because in such cases bail is a matter of right and people end up
spending long periods in jail merely because they are poor.
Solution: Amended section 436 Section 436 Cr.P.C., which deals with the right to bail in
bailable offences was amended in 2005. It mandates the police or court to release an indigent
person on personal bond without asking for any surety. The amendment allows an indigent
person to execute a bond that s/he shall appear before the court and stand trial. The section states
tha her/his arrest as indigent. Therefore, a person accused for a bailable offence can be detained
in prison for a maximum the court shall consider any person who is unable to furnish bail within
7 days from the date of his arrest.
C. Problem: Delay in investigation Many prisoners languish in prisons because the police do
not finish investigation, and file the chargesheet in time. This is a very serious matter because
such people remain in prisons without any inkling of a police case against them.
Solution: Section 167 Section 167 Cr.P.C. lays down the maximum period within which the
police investigation must be completed and a chargesheet filed before the court. This period is 90
days for offences punishable with death, life imprisonment or imprisonment for a term of not less
than ten years, and 60 days for all other offences. Where the investigation has not been
completed within the stipulated timeframe, it is mandatory upon the Magistrate to release the
accused on bail, provided he is ready to furnish bail. This provision shields the accused from
suffering incarceration on account of the inability of the investigating agency to wind up its
investigation.
D. Problem: Delay in trial in certain cases Many prisoners are charged with a non-bailable
offence which is not very serious and is triable by a Magistrate. They remain in prisons for long
period because of the delay in trial.
Solution: Use section 437(6) In a case triable by a Magistrate, section 437(6) makes it
mandatory for a person to be released on bail where the trial has not concluded within 60 days
from the first date fixed for taking evidence. The magistrate may refuse such release, but only
after recording the reasons in writing.
E. Problem: Prolonged detention Many under-trial prisoners are detained in prisons for long
periods, which in some cases extend beyond the maximum period of imprisonment prescribed
for the offence with which they are charged
Solution: Use section 436 A Section 436A Cr.P.C.20 lays down the right of an undertrial to
apply for bail once s/he has served one half of the maximum term of sentence s/he would have
served had s/he been convicted. On a bail application filed under this section, the court shall hear
the public prosecutor and may order the1) Release of such person on a personal bond with or
without surety; or 2) Release of such person on bail instead of personal bond.
COMPARATIVE ANALYSIS OF THE INVESTGATIONG AUTHORITY WITH THAT
OF USA’s IN TACKLING CYBER CRIME
An Overview of Some of the Status of Convictions in India
The first conviction came in through the Sony India Private limited case. The complaint was
filed by Sony India Private Limited which used to run a website sony-sambandh.com which
enabled NRIs to send Sony products to India. On this site a colour television was ordered and the
payment was made through a credit card. The product was to be delivered to Noida and all
procedures had been followed. However two months later the credit card said that this was an
unauthorized transaction following which a case of cheating was filed with the CBI. On
investigation it was that the person who received the television set had gained access. Before
court the crime was admitted and the accused was convicted. However the court released the
accused on probation for a year since he was only 24 years old
An on Look of Conviction Rate in the USA
A total of 145 cases against 243 defendants were also terminated during the year, representing an
eight percent decrease in cases terminated and 19 percent increase in defendants terminated
when compared to the prior year. Eighty-six percent of all terminated defendants were convicted,
with 61 percent of the convicted defendants sentenced to prison.
Legislations in other nations as against the lone legislation ITA and ITAA in India, in USA there
are many legislations governing e-commerce and cyber crimes going into all the facets of cyber
crimes. Data Communication, storage, child pornography, electronic records and data privacy
have all been addressed in separate Acts and Rules giving thrust in the particular area focused in
the Act. In the US, they have the Health Insurance Portability and Accountability Act popularly
known as HIPAA which inter alia, regulates all health and insurance related records, their
upkeep and maintenance and the issues of privacy and confidentiality involved in such records.
Companies dealing with US firms ensure HIPAA compliance insofar as the data relating to such
corporate are handled. The Sarbanes-Oxley Act (SOX) signed into law in 2002 and named after
its authors Senator Paul Sarbanes and Representative Paul Oxley, mandated a number of reforms
to enhance corporate responsibility, enhance financial disclosures, and combat corporate and
accounting fraud. Besides, there are a number of laws in the US both at the federal level and at
different states level like the Cable Communications Policy Act, Children’s Internet Protection
Act, Children’s Online Privacy Protection Act etc. In the UK, the Data Protection Act and the
Privacy and Electronic Communications Regulations etc are all regulatory legislations already
existing in the area of information security and cyber crime prevention, besides cyber crime law
passed recently in August 2011. In India the government has taken steps in the framing of The
National Cyber Security Policy. This policy proposes to a) Facilitate collaboration between
government agencies and private cyber security solutions developers in order to optimize and
protect critical government initiatives b) The policy is a road map for strengthening cyber
security as it will secure a computing framework that will inspire consumer confidence for
electronic transaction. c) At the macro level the policy will facilitate cyber security intelligence
that will form an integral component to anticipate attacks and quickly adopt counter measures.
The Central and the State Government have been authorized to issue directions for interception
or monitoring or decryption of any information through any computer resource. Both the
governments, in the interest of sovereignty or integrity of India, defense of India, security of the
state, friendly relations with foreign states or public order or for preventing incitement to the
commission of any cognizable offence relating to above or for investigation of any offence, may
intercept, monitor or decrypt or cause to intercepted, monitored or decrypted any information
generated, transmitted received or stored in any computer resource. They can block public access
to any information through any computer resource. Dream to keep the society crime-fee will
remain a dream in India as there should be constant endeavor for the legislation to keep in pace
with the fast pace in crimes. Especially in a society that is dependent more and more on
technology, crime based and electronic offences are bound to increase and the law makers have
to go the extra mile keeping in pace to the fraudsters as technology is always a double-edged
sword and can be used for both the purposes – good or bad. We can conclude that though the
cyber police have become proactive but the rise in the number of instances in India may be due
to weak law and to have appropriate legislations for the fast track crime. To suggest Fast Track
courts to be set up to keep in pace with the giga second of commission of cyber crime.
HOW IS THE SYSTEM DIFFERENT IN SCOTLAND WHEN IT COMES TO CYBER
CRIMES
Cyber security has been a regulatory priority in the Scotland for much longer than in India, and
consequently, the Scotland has a much better defined policy and framework for cyber security.
Interestingly, however, India shared the 5th rank on the ITU’s Global Cyber Security Index for
2014, which measures and ranks countries based on internal commitment to cyber security. Both
countries have struggled to adapt existing law to rapid technological developments, opting
instead to develop new legislation or new institutions to focus specifically on cyber security. A
major focus of cyber security in both countries has been on national security in light of the
growing threat of organized actors, including foreign actors and terrorist organizations. Both
nations have therefore attempted to expand the influence of cyber security through security
legislation. The Scotland’s international sphere of influence has also been exercised through its
expanded cyber security capabilities, being part of the ‘five eyes’ surveillance alliance, in stark
contrast to India, which is only inching towards being a major player in cyber diplomacy. India
and the Scotland both identify cyber security as a national priority. Both countries have a
forward-looking road map to address cyber security holistically, through their national cyber
security policies. However, there are significant gaps in actualising cyber security measures. In
India, for instance, cyber security initiatives are hobbled by the lack of a fixed and recurring
budgetary allocation. Both jurisdictions primarily assess cyber security from a national security
perspective, although Scotland has a larger emphasis on multi-stakeholderism and is more
collaborative in its approach. Threats to cyber security are more clearly identified in Scotland’s
policy, which identifies various actors/circumstances which could pose a threat. The
development of a threat typology is not as apparent in India. Scotland prioritises government
data protection in its policies, while this emphasis is missing specific mention in India.
