ABSTRACT
Modern court proceedings now rely mostly on digital evidence, especially in cases involving financial fraud, cybercrime, and intellectual property infringement. Now Courts must adjust to the Evidentiary issues presented by electronic data as the traditional forms of engagement are increasingly replaced by digital transactions and interactions.However, Compliance to legal frameworks controlling chain of custody, authenticity, and forensic investigation is necessary for its admissibility and dependability.Legal institutions must improve their methods for digital forensics as technology develops further to guarantee that justice is not only carried out but also adapted to the intricacies of the digital age. Though digital evidence has emerged as an Important tool in the battle against cybercrime cases ensuring its integrity, authenticity, and veracity presents unique challenges.
This Research Paper highlights the comparative study highlighting the similarities and differences in the Evidentiary principles that the US, UK, and India have embraced. The report also makes suggestions for improving procedural safeguards, making sure that digital evidence satisfies the requirements of judicial review while respecting the values of justice and equity.
Keywords: Digital Evidence Admissibility Standards, Cyber Crime Cases Jurisdictional Issue, Data Integrity, Chain of Custody,Comparative Study,
INTRODUCTION
Digital evidence, also referred to as electronic evidence, encompasses any data or information stored or transmitted in a digital format that may be presented in a court of law. With the advent of the digital era, individuals, corporations, and even state entities increasingly rely on digital communication and data storage systems. Consequently, legal systems across the world have had to adapt to the growing importance of digital data in investigative and judicial processes.
Evidence Act defines Evidence wherein Electronic Evidence was only categorized as Documentary Evidence read with Information Technology which provided definition of Electronic Record . However the major changes in Criminal Act was introduced in 2023 which replaced the Indian Evidence Act with Bhartiya Sakshya Adhiniyam 2023 which categorized Evidence into both Oral Evidence and Documentary Evidence.
This category of evidence includes a wide range of digital artifacts such as emails, digital photographs, documents created in word processing software, social media activity logs, internet browsing histories, instant message conversations, audio and video files, GPS data, cloud storage logs, mobile phone records, and more. These digital traces often provide critical insights into an individual’s actions, location, intent, or state of mind and can either support or rebut claims made in litigation or criminal prosecution.
NATURE AND CHARACTERISTICS OF DIGITAL EVIDENCE
- The inherent nature of digital evidence significantly differs from that of traditional forms of evidence. Unlike physical evidence such as weapons, documents, or tangible items, digital evidence is intangible—it exists in binary form and is dependent on devices for access and interpretation. This distinct nature gives rise to several key characteristics:
- Volatility: Digital evidence is fragile by design. A simple reboot or system update can overwrite essential data. Therefore, it must be preserved as close to its original state as possible through techniques such as forensic imaging.
- Latent: Much like forensic fingerprints or DNA samples, digital evidence is not always visible or immediately apparent. It often resides in caches, logs, or metadata, requiring expert tools and knowledge to extract and interpret.
- Reproducibility: Unlike conventional evidence, which is often unique and singular in existence, digital evidence can be copied identically and infinitely without any loss of quality. While this helps in creating backups, it also raises concerns regarding the originality and integrity of the evidence presented in court.
- Cross-Jurisdiction: The global nature of digital communication means that digital evidence often traverses national and legal boundaries. For instance, data relevant to a crime in India might be stored on servers located in the United States, governed by U.S. laws on data access and privacy.
- Dependence on Technology: Accessing, preserving, and analyzing digital evidence requires specialized hardware, software, and expertise. This technical dependency makes digital forensics a critical field in modern law enforcement.
- Rapidly Evolving: With constant advancements in digital technology, new forms of digital evidence are continually emerging—from block chain records to data stored on Internet of Things (IoT) devices. Legal frameworks and investigative methodologies must keep pace with these developments.
TYPES OF DIGITAL EVIDENCE
Evidence is only categorized in two category, that is, Oral Evidence and Documentary Evidence. Digital evidence can be classified based on its origin, format, and the device or platform it originates from. The following are the principal categories of digital evidence. However the classification of Digital Evidence is of following types:-
- Computer-Based Evidence :-This category refers to evidence retrieved from desktop computers, laptops, servers, and similar computing devices. Examples include Text files, spreadsheets, Pdf’s, and presentations can reveal key information, including drafts that show intent or progression in thought. The other category of Computer based evidence is System Logs, that is, records of user activity, including log-in times, system errors, and user behavior patterns, which are useful in attributing actions to specific individuals.Relational or non-relational databases often store structured data that may be relevant in cases involving financial transactions, business records, or customer interactions.
- Mobile Device Evidence :-With smartphones becoming integral to daily life, they hold a treasure trove of information. Call Logs and Contacts reveal communication patterns and personal relationships.Text Messages and Multimedia: SMS, MMS, and app-based chats often contain unguarded statements and timestamps critical to cases.App Data: Applications like Whats App, Facebook Messenger, Signal, and Telegram store user messages, call histories, and sometimes even deleted content or metadata.GPS and Location Data: Smartphones frequently log location data, which can be crucial in placing an individual at a crime scene or proving an alibi.
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