Crimes By Play Of Keystrokes: Karnataka High Court Directs State To Constitute A Separate Cyber Wing To Tackle New Age Cyber Crimes

The Court directed the constitution of a Special Investigation Team (SIT) to investigate a case of alleged data theft from NewSpace Research and Technologies Private Limited (Petitioner), a drone manufacturing company. The Writ Petition is filed under Article 226 of the Constitution praying for directions regarding the constitution of an SIT headed by a senior IPS officer of “unimpeachable integrity” and comprising digital forensic experts, to conduct, supervise and monitor the investigation of offences under Sections 66, 66(B), 66(C) of the Information Technology Act (IT Act) and Sections 318(2), 318(3), and 318(4) of the Bharatiya Nyaya Sanhita (BNS) against the former employees of the Petitioner.

A Single Bench of Justice M Nagaprasanna remarked, “The subject crime has the colour of a cyber espionage. It is a multi-layered crime involving nuances of defence technology and concerns of national defence. Investigations into such crimes demand not merely procedural competence, but an amalgamation of technical expertise and forensic acumen…Investigation of crimes of such magnitude cannot be done by the Investigating Officer who is now appointed, due to lack of technical expertise. I have no manner of doubt that an ordinary investigation would amount to miscarriage of justice. Therefore, this Court, not only finds it appropriate but imperative to constitute a Special Investigation Team, as scales of justice must not tilt due to incompetence of Investigating Officers. If the crimes are sophisticated, the Investigating Officers too shall be.”

Advocate Angad Kamath appeared for the Petitioner, while Additional Government Advocate Rahul Cariappa KS represented the Respondents.

Brief Facts

A Writ Petition was filed by the Petitioner alleging the theft of sensitive proprietary information by its former employees. The stolen information allegedly includes UAV source codes, CAD designs, and confidential defense technologies. The Petitioner expressed concerns that this data could be misused, potentially compromising national security, as their clientele included the Indian Army, Air Force, Navy, BEL, HAL, and DRDO.

Court’s Reasoning

The High Court noted concerns about the integrity of the initial investigation, including the fact that the initial Investigating Officer was allegedly caught red-handed receiving a bribe and was suspended.

“The crimes over the years have emerged in different hues and forms. In this digital age where crime knows no borders and malfeasance is coded with keystrokes, the tools of conduct of investigation of such emerging crimes must evolve. An ordinary Investigating Officer or a conventional Investigating Officer would not be so equipped with such emerging crimes to decode the labyrinth of cyber crimes. Therefore, the Investigating Officers who are also acquainted with technology or trained in digital forensics, those who can trace the invisible and pierce encryption and unearth the data buried or data theft, would be required to deal with the emerging crimes,” the Bench explained.

“In this digital age, crime transcends frontiers with the click of a mouse. Information which is the life blood of modern civilization can be weaponized by a few keystrokes,” the Bench remarked.

The Court stated, “The State thus must recognize the existential threat and evolve, failing which, justice to those victims will become a mirage. It is again in public domain that the State of Karnataka recognizing the huge problem of cyber crime, has in fact come up with a novel idea of a cyber command centre, to be headed by an officer of the rank of the Director General of Police.”

Consequently, the Court ordered, “If a cyber command centre is established to combat cyber crimes and strengthen cyber security, it would usher a new beginning of tackling the new age crime with new age investigating centres. This is the paradigm shift that is imperative. Such cyber command centres should be made meaningfully functional by appropriate officers manning such cyber command centres. It is only then the State will leap forward to tackle the emergence and growth of cyber crime, failing which, the citizen who has been a victim of cyber crime or cyber frauds will never get justice. Therefore, the State shall endeavour to give life to the cyber command centres or constitute a separate wing to tackle cyber crime like the CCB, which could be a cyber crime investigation bureau. The aforesaid direction has become imperative for the reasons indicated hereinabove.”

Accordingly, the High Court allowed the Petition.

Cause Title: Newspace Research And Technologies Private Limited v. The State Of Karnataka & Ors. (WRIT PETITION No.8403 OF 2025)

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