Where Evidence Decides the Case
Cyber crime cases are won or lost on the strength of the digital evidence behind them. Tabish Sarosh & Associates combines criminal litigation practice with a genuine forensic science background to handle both sides of that equation — the law, and the evidence itself.
Why This Is Different at Tabish Sarosh & Associates
Most firms handling cyber crime matters approach them as a subset of general criminal litigation, the law is applied, but the underlying digital evidence is taken largely at face value. Our practice is built the other way round. With a founding grounding in forensic science, we treat the electronic record itself — its chain of custody, its hash value, the certificate that accompanies it — as the first thing to examine, not the last.
Whether we're representing a complainant seeking justice after a cyber fraud, or defending a client against an overreaching cyber crime allegation, our approach is the same: test the evidence rigorously, because in these matters, that's usually where cases are actually decided.
Our Cyber Crime & Forensic Litigation Services
- Representation in cyber fraud, hacking, identity theft, and online impersonation matters
- Defence in cyber crime prosecutions, including bail and anticipatory bail applications
- Complainant-side representation for victims of financial fraud, cyberstalking, and online harassment
- Forensic examination and authentication of digital evidence — devices, call data records, chat logs, emails, server logs
- Support in obtaining and contesting Section 63 BSA electronic evidence certificates
- Cyber defamation and online reputation-related litigation
- Data breach and privacy violation matters
- Assistance with complaints before the Cyber Crime Cell, National Cyber Crime Reporting Portal, and police authorities
- Litigation support involving deepfakes, morphed images, and synthetic media
- Expert coordination for forensic reports used in court proceedings
Types of Matters We Handle
Financial cyber fraud
UPI fraud, phishing, unauthorised transactions, and online banking fraud.
Identity theft & impersonation
Fake profiles, email spoofing, unauthorised use of personal data.
Hacking & access
Unauthorised access to devices, accounts, or networks.
Cyberstalking
Monitoring, threats, and unwanted contact through digital means.
Obscene content
Non-consensual content including morphed images and deepfakes.
Cyber defamation
Reputational harm caused through digital publication.
Data breach & privacy
Unauthorised disclosure or misuse of personal data.
Cyber extortion
Ransomware, digital blackmail and related offences.
Why the Forensic Layer Matters
Digital evidence is fragile in ways physical evidence isn't. A chat log without a proper certificate, a hash value that doesn't match, a device examined without documented chain of custody — any of these can make evidence inadmissible, regardless of what it shows. We approach every matter with that reality in mind, working to ensure the evidentiary foundation is sound from the outset, whether we're building a case or challenging one.
The Legal Framework We Work Within
Cyber crime in India isn't governed by a single statute — it sits at the intersection of several, and knowing how they interact is often what determines the outcome of a case.
- Information Technology Act, 2000 (as amended): The primary special legislation for offences committed through computers and communication devices covering unauthorised access, data theft, identity theft, cheating by personation, violation of privacy, publication of obscene or sexually explicit material, and cyber terrorism, among others.
- Bharatiya Nyaya Sanhita, 2023 (BNS): Since replacing the Indian Penal Code on 1 July 2024, the BNS has no standalone "cyber crime" chapter — instead, it extends traditional offences like cheating, forgery, criminal intimidation, and impersonation to acts committed through electronic means, including fake profiles, phishing, and deepfakes. Cyber offences are frequently prosecuted under both the BNS and the IT Act simultaneously.
- Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Governs the procedural side of investigation, including forensic examination requirements for serious offences.
- Bharatiya Sakshya Adhiniyam, 2023 (BSA): Section 63 of the BSA (replacing the earlier Section 65B of the Evidence Act) governs how electronic records are admitted as evidence — requiring a certificate identifying the record, the device used to produce it, and, notably, a hash value, signed by both the person in charge of the device and an independent expert. Getting this certification right, or successfully contesting it when it's flawed, is often the single most consequential step in a cyber crime matter.
Why Organisations & Individuals Choose Tabish Sarosh & Associates
- Forensic Science Grounding, Not Just Legal Theory: Our practice draws directly on formal forensic science training, not generalist familiarity with digital evidence.
- Litigation-Tested Approach: We handle these matters as litigators first — building a record that holds up under cross-examination and appellate scrutiny.
- Current on the New Criminal Codes: Fluent in how the BNS, BNSS, and BSA interact with the IT Act — a combination many practitioners are still catching up on.
- Delhi-Based, Court-Facing: Based at Tis Hazari Court and in Rohini, with direct familiarity with how these matters are handled before the Delhi courts.
Frequently Asked Questions
What should I do immediately after a cyber crime incident?
Preserve all evidence — screenshots, messages, transaction records — without altering the original files. Report promptly through the National Cyber Crime Reporting Portal (cybercrime.gov.in) or the helpline (1930) for financial fraud, and consult a lawyer before deleting or modifying anything on the affected device or account.
Is IT Act, 2000 or BNS, 2023 applied in cyber crime cases?
Often both. The IT Act remains the primary special law for computer-related offences, while the BNS extends general offences like cheating and impersonation to acts committed electronically. Police frequently register cases under provisions of both statutes.
What makes electronic evidence admissible in court?
Under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, an electronic record generally requires an accompanying certificate identifying the record, the device used, and its hash value, signed by the person in charge of the device and an independent expert.
Can I be granted bail in a cyber crime case?
It depends on the specific offence, its severity, and the facts — some cyber offences are bailable, others aren't. Bail and anticipatory bail applications are assessed case by case.
How long do cyber crime investigations typically take?
This varies considerably based on the complexity of the digital evidence involved, cooperation from intermediaries and service providers, and the forensic examination required.
Do you handle both complainant and defence-side matters?
Yes, we represent victims seeking redress as well as individuals defending against cyber crime allegations.