A Faraday bag is a specialized container used by criminal investigators to protect electronic evidence. It’s designed to block all wireless signals, like Wi-Fi, cellular, and Bluetooth, from reaching a seized device such as a phone or laptop. By immediately placing a device inside a Faraday bag, investigators prevent remote wiping, incoming messages, and other data alterations that could compromise the evidence, ensuring its integrity and legal admissibility in court.
Legislative Mandate for Electronic Data Protection:
India’s new laws, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and the Bharatiya Sakshya Adhiniyam (BSA), 2023, have introduced robust safeguards for handling electronic evidence to ensure its integrity and admissibility in court.
- BNSS Section 105: Mandatory Audio-Video Recording. To ensure transparency and proper procedure during criminal investigations, Section 105 of the BNSS mandates that all searches and seizures must be recorded using audio-video electronic means. This recording must be forwarded to a magistrate, serving as a critical step toward police accountability.
- BSA Section 63: Admissibility of Electronic Records. The BSA, which governs evidence, deals directly with the acceptance of digital evidence. Instead of requiring the original device, Section 63 allows for a copy to be submitted in court, provided it is accompanied by a certificate from a person in charge of the device. This certificate verifies that the electronic record was produced in a manner that ensures its integrity, which is essential for its admissibility.
- Protecting Digital Integrity. The principles of protecting metadata and cryptographic hash values are crucial for proving that electronic evidence has not been tampered with. These unique digital identifiers, often referred to as “digital fingerprints,” are a fundamental part of establishing the authenticity of electronic records under the new laws, as any alteration to the data would change these values.
Essential Characteristics of Effective Faraday Enclosures:
For optimal performance in both field operations and subsequent forensic examinations, these signal-blocking pouches should possess:
- Multi-layered RF Shielding: Comprised of multiple layers of conductive membranes designed to obstruct radio frequency signals across the entire spectrum.
- Tamper-Evident Security: Features a sealing mechanism that clearly indicates any attempts at illicit opening, ensuring chain of custody.
- Designated Writable Surface: Offers an external area suitable for immediate inscription of vital seizure data, such as the First Information Report (FIR) number, precise date and time, and the identifying details of the seizing officer.
- Unique Identifier: Integrated with a distinct serial number or scannable barcode to facilitate accurate traceability and systematic inventory management throughout the evidence locker (Malkhana) and subsequent forensic analytical processes.
Common Errors to Circumvent
To maintain evidentiary standards, practitioners must avoid several critical missteps:
- Delayed Isolation: Procrastinating the encapsulation of devices in Faraday pouches immediately after confiscation heightens the danger of remote data eradication or illicit modification.
- Inappropriate Container Selection: Utilizing ordinary plastic or fabric containers for electronic devices provides zero signal protection and deviates significantly from established best practices.
- Over-Cramming Devices: Stuffing several devices into one Faraday bag risks physical harm to the items and complicates the meticulous documentation required for chain of custody.
Forward-Thinking Guidelines
To enhance operational effectiveness and legal compliance:
- Standardized Equipment: Furnish frontline personnel with standardized digital evidence collection kits, incorporating Faraday bags of diverse dimensions.
- Focused Training: Educate law enforcement officials on the prompt isolation of electronic gadgets and the accurate recording of cryptographic hash values.
- Protocol Integration: Incorporate the protocol for employing Faraday bags into Standard Operating Procedures (SOPs) across investigations involving cyber-offences, drug trafficking, economic deceit, and surveillance operations.
Cryptographic Hash Value and Metadata
Cryptographic Hash Values
In the legal context, particularly with electronic evidence, cryptographic hash values are used to prove the integrity of data. When a digital file is seized, a hash value is calculated and recorded. Later, if there’s any doubt about the file being altered, a new hash value is calculated. If the two hash values match, it proves the file is identical to the one that was originally seized. This ensures that the evidence hasn’t been tampered with.
Metadata
Metadata is simply “data about data.” It’s the information that describes and gives context to a piece of digital content. While the main content might be a photo, a document, or a video, the metadata is the descriptive information attached to it, such as the creation date, author’s name, file size, or even the camera model used to take a picture.
This background information is crucial because it helps organize, search for, and prove the authenticity and integrity of digital files, especially in legal and forensic contexts where verifying when and by whom a file was created or modified is essential.
Conclusion
Faraday bags are not just technical tools but vital safeguards that bridge investigative needs with legislative mandates, ensuring that electronic evidence remains untampered, transparent, and admissible in court. By preventing remote interference and preserving metadata (data about data), they uphold the integrity of digital data in line with the BNSS and BSA requirements.
However, their effectiveness depends on timely use, proper training, and integration into standardized protocols. As crimes increasingly rely on digital footprints, embedding Faraday bag protocols within routine policing and forensic practice is essential to strengthening both justice delivery and public trust.
