ADMISSIBILITY AND PRESERVATION OF DIGITAL EVIDENCE

AUTHOR – POKALA NEHA, STUDENT AT DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

Best Citation – POKALA NEHA, ADMISSIBILITY AND PRESERVATION OF DIGITAL EVIDENCE, ILE JOURNAL OF EVIDENCE AND JURISPRUDENCE (ILE JEVJ), 1 (1) of 2023, Pg. 1-7, APIS – 3920 – 0049 | ISBN – 978-81-964391-3-2.

Abstract

Digital evidence plays an important role in today’s world. Everything is related to technology, this helps us to complete our work smartly and in less time. After covid, the use of digital devices has taken a rise. However, the technology is being misused and many crimes such as credit card crime, cybercrimes, hacking, etc are increasing. All these crimes are often committed with the help of systems or digital devices, due to which the judiciary has also identified the need for accepting the digital device as admissible evidence. One must remember that digital evidences can easily be tampered, so they require special care in preserving and collection of digital evidences. This article contains the steps taken by the judiciary to make the digital evidence admissible in court of law, importance of digital evidence, need for preservation of digital evidence, types of digital evidence, changes brought in Indian Evidence Act and Information Technology Act and landmark judgments relating to admissibility of digital evidence. Section 65B of Evidence Act deals with the admissibility of evidence. Now a days, almost every public place has Camera’s and even in residential areas also people are fixing cameras for safety purposes. Mobile phones are one of the important evidence to know the details about the individual, details of those persons whom the individual is meeting, talking, chatting. Mails, messages, CC Tv footage, DVD, CD, etc are important digital evidences. Admissibility of digital evidence will helps the police to fasten the process of investigation and courts to deliver the justice quickly. Preservation of digital evidence plays an important role in making the evidence admissible in court. The article mentions the steps which are required to preserve the digital evidences.

KEYWORDS – Digital Evidence, Admissibility, Preservation, Indian Evidence Act, Information Technology Act