Author: Shagun Kothari, Maharashtra National Law University, Nagpur
TO THE POINT
Digital evidence has revolutionized the criminal justice system by providing reliable proof in cases where there is a lack of physical evidence. With increasing dependency on digital interactions and online platforms, criminal investigations heavily rely on digital evidence to monitor cyber activities, prove facts, and verify the credibility of witnesses. However, issues regarding authenticity, legality, and admissibility continue to arise, necessitating reforms in Indian laws and judicial practices to ensure fair play.
LEGAL JARGONS: –
To understand how much digital evidence plays a role in criminal cases, it is fundamental to know some of the terms used-such as digital forensics, electronic records, chain of custody, admissibility, and authentication. This refers to the procedure involved in gathering, analysing, and maintaining electronic evidence for legal use. Chain of Custody this ensures that digital evidence is handled properly from collection to presentation in court, thereby preventing tampering. Admissibility a judicial requirement that determines the relevance, reliability, and lawfulness of the procurement of digital evidence submitted. Authentication assuring electronic data is original and not altered. For instance, chain of custody prevents tampering while authenticating the reliability of data.
THE PROOF: –
Digital evidence in India is governed by the Information Technology Act, 2000, and Indian Evidence Act, 1872 (amended). Article 21 of the Constitution guarantees privacy, but gaps still exist as far as the data protection laws are concerned.
1. Information Technology Act of 2000
Section 65: Punishes intentional tampering, concealment, or destruction of computer source documents with imprisonment up to three years or fines up to two lakh rupees.
Section 66 (read with Section 43): Punishment for access or downloading, or extraction of, computer resource punishable up to three years imprisonment together with a fine which may extend to Five Lakhs rupees.
2. Indian Evidence Act of 1872
Section 65B: Holds electronic records as evidence if certified. A Section 65B certificate authenticates the record, thus confirming the data’s reliability.
Landmark cases have interpreted Section 65B, thereby greatly influencing the admissibility of digital evidence in Indian courts.
CASE LAWS: –
1. Tomaso Bruno & Another v. State of Uttar Pradesh (2015)
The Supreme Court upheld the relevance of electronic evidence, emphasizing that computer-generated records are admissible if proven under Section 65B. The Court acknowledged the importance of electronic evidence in modern investigations.
2. Anvar P.V. v. P.K. Basheer (2014)
The Court held that electronic records are documentary evidence under Section 3. However, admissibility demands Section 65B (4), which includes a certificate validating the content of the record. This ruling makes digital evidence reliable.
3. Shafi Mohammad v. State of Himachal Pradesh (2018)
The Court recognized the difficulties involved in obtaining Section 65B certificates and decided that digital evidence could be admissible without such certification in exceptional cases, subject to proving authenticity.
4. P. Gopalakrishnan v. State of Kerala (2020)
The Court held that the classification of memory cards and pen drives as documents depends on the content and not on the form that they take. Digital audio or video files are found to be admissible as documents.
Advantages of Digital Evidence in Criminal Investigations
Digital evidence enhances the accuracy and efficiency of investigation, offering new tools for solving crimes. Key benefits include:
1. Surveillance Mechanism: – GPS technology aids in locating suspects and tracking devices during operations. Drones allow for aerial observation and, therefore, distant views of criminal incidents. License plate scanners identify stolen vehicles and trace people with warrants.
2. Surveillance Cameras: – CCTV footage records crucial events, offering critical proof in investigations.
3. Comprehensive Databases: – The fingerprint, DNA records, and criminal histories are stored in centralized databases. Thus, evidence can be quickly cross-referenced. Rapid identification systems increase the speed of the suspect identification process.
4. Facial Recognition Software: – Facilitates the rapid identification of suspects by comparing information with existing facial databases.
5. Forensics and Biometrics: – Digital forensics analyses electronic records, while biometric tools like fingerprint and iris recognition ensure precise identification.
6. Electronic Identification: – The police identify the people by their mobile numbers, bank accounts, and PAN cards issued by the government.
7. Governance Initiatives: – For example, the Staqu app in Uttar Pradesh is used with facial recognition, machine learning, and data analytics to sort out cases. More than 400 cases have been cleared with this technology.
Challenges in Using Digital Evidence
Despite the various benefits, there are numerous challenges in effectively using digital evidence:
1. Data Security and Privacy: The storage, preservation, and analysis of massive amounts of digital data evoke concerns about unauthorized access and possible misuse. Article 21 and the technological advancement cannot be in tandem easily.
2. Digital Divide: Advanced tools are inaccessible to many, and proper training is lacking, making effective digital evidence management difficult, especially for underfunded law enforcement agencies.
3. Rapid Technological Advancements – Criminals exploit emerging technologies to commit sophisticated cybercrimes. Technological misappropriation calls for the update of the law enforcement tools and expertise continuously.
4. Administration of Digital Evidence: – The sheer volume of data, including social media and smartphone content, can overwhelm investigators. Evidence must be gathered, analysed, and stored in a way that is tamper-proof and safe from loss.
Conclusion
This gives modern criminal investigations an almost basic transformation by providing police officers with strong tools in evidence gathering, analysis, and presentation. While technological advancements mean improving efficiencies alongside precise results, concerns around the privacy of data collected; unequal access to available technological tools; and control measures about evidence still arise. Implementations of legislation change will increase protection, with comprehensive and adequate training. This enables the effective use of digital evidence in justice administration.
FAQS
Q1: What is digital evidence in criminal cases?
A: Digital evidence includes data created, stored, or transmitted using computers or other electronic devices, whether as e-mail; message in a short text-messaging service; video; audio; global positioning; content from social networking or blog sites; or other sources involving an online transaction.
Q2: Is it mandatory to have a Section 65B certificate for digital evidence in India?
A: Normally, a Section 65B certificate is required to produce electronic evidence before the court. Exceptions are provided in Shafi Mohammad v. State of Himachal Pradesh wherein it is held that if obtaining such a certificate becomes practically impossible, then the same is not required.
Q3: What is ‘chain of custody’ and why is it important?
A: Chain of custody refers to the official process followed to document how evidence will be handled from its point of collection to the date it is presented in the court. This ensures that it does not get tampered and therefore remains intact, which helps prove authenticity and reliability.
Q4: How do digital evidences help combat cybercrime?
A: Digital evidence makes it easier for law enforcement agencies to track and analyse the associated online activities in hacking, fraud, and identity theft. The digital forensic methods allow investigators to recover the electronic data, examine, and make a solid case against the culprits.
Q5: Does this infringe on privacy rights using digital evidence?
A: There is a breach of privacy rights. If digital evidence is collected or handled without legal procedures, then a breach occurs. The courts have also urged that evidence should be made lawfully and according to constitution safeguards in order to secure the privacy of people.
