Challenges Of Growing Role Of Digital Evidence In The Administration Of Justice In India.
Category:
Technology
Abstract:
This paper addresses challenges posed by growing use of digital evidence in the administration of justice in India. Though use of Information Technology has been creating a great comfort and luxury to human life, it also has been used to innovate highly sophisticated ways of committing crimes which are not easy to identify, investigate and prove. Hence the legal systems around globe have to conceive tools to tackle with such misuse of information technology. For that purpose in most of the countries ‘the jurisprudence of cyber forensic’ is evolved and now it is developed to such extent that, in most of the countries, digital evidence is accepted in criminal cases as well as in civil and matrimonial disputes.
But Indian legal system is still in very initial phase of Cyber Forensic. Against this backdrop, the author has studied legislative policy and judicial trends evolved in UK, USA and India while interpreting digital evidence. The object of study is to find out challenges of digital evidence, to analyze the legislative and judicial policy in this regard and to provide measures to tackle with challenges. To achieve above objectives the author has confined scope of his research to the legal aspects of the digital evidence and tried to avoid technical aspects. The methodology of the study is analytical and doctrinal. The data is not collected from fieldwork, survey or observation as required for empirical or clinical methodology. The paper is concluded with some recommendations to tackle challenges posed by digital evidence.
ISSN No.: 2278-7518
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