Sudhir Dwivedi | Jaipur National University, Jaipur (original) (raw)
Papers by Sudhir Dwivedi
INROADS- An International Journal of Jaipur National University
INROADS- An International Journal of Jaipur National University
Abstract Today is the age of information technology. The focus of country is on agenda – ‘Digita... more Abstract
Today is the age of information technology. The focus of country is on agenda – ‘Digital India’. The legal field is also moving towards the digitalization of legal work. E-courts are being established. When the court is moving towards digitalization the pertinent question arises as to how much weightage should be given to such digital evidence in court. The relevancy and admissibility of digital evidence is no more controversial after amendment of IT Act, 2000 along with amendment in Indian Evidence Act, 1872. However admissibility of such digital evidence is subject to some condition laid down in Indian evidence act. Digital evidence so called electronic records has been admitted as documentary evidence under Section 3 of the Act, which speaks “all documents including electronic records produced for the inspection of the court are called documentary evidence”. The point of difference is that the verbal statement produced in evidence is called oral evidence contrary to electronic records. Appreciation of digital evidence relating to crime is significantly different from the appreciation of traditional evidence, as for digital forensics there is no established standards, procedure and methods to which the law courts could refer. The author has not only dealt with problem in regard to admissibility of such various types of digital evidences (Tape recorded conversation, E-mail conversation, CD, Mobile communication, Mobile, Facebook and Whatsapp messages, Sting operation, Video conferencing Etc.) but also procedures and Conditions for the admissibility of digital evidence. This paper has also explored the role of cyber forensics and Expert’s opinion in this regard. Since admissibility of digital evidence is one thing and reliability on these types of evidences is another thing, the effort has been made out here to critically examine the reliability of digital evidence, separately to evaluate its evidentiary value. The extent to which these types of digital evidences are appreciated by the courts to treat them conclusive proof of any fact in issue, is going to be examined in this work. Digital evidence acquisition is not just systematic inspection of computer or mobile etc, it is more complex and important task as it is going to decide the civil or criminal liability. Since there is no specific test laid down that can be used to determine whether digital evidence possesses the requisite scientific validity or not, the author wishes to suggest some factors to be considered in this regard.
Key words: Digital evidence, electronic records, cyber forensic, relevancy, admissibility, appreciation, reliability.
INROADS- An International Journal of Jaipur National University
INROADS- An International Journal of Jaipur National University
Abstract Today is the age of information technology. The focus of country is on agenda – ‘Digita... more Abstract
Today is the age of information technology. The focus of country is on agenda – ‘Digital India’. The legal field is also moving towards the digitalization of legal work. E-courts are being established. When the court is moving towards digitalization the pertinent question arises as to how much weightage should be given to such digital evidence in court. The relevancy and admissibility of digital evidence is no more controversial after amendment of IT Act, 2000 along with amendment in Indian Evidence Act, 1872. However admissibility of such digital evidence is subject to some condition laid down in Indian evidence act. Digital evidence so called electronic records has been admitted as documentary evidence under Section 3 of the Act, which speaks “all documents including electronic records produced for the inspection of the court are called documentary evidence”. The point of difference is that the verbal statement produced in evidence is called oral evidence contrary to electronic records. Appreciation of digital evidence relating to crime is significantly different from the appreciation of traditional evidence, as for digital forensics there is no established standards, procedure and methods to which the law courts could refer. The author has not only dealt with problem in regard to admissibility of such various types of digital evidences (Tape recorded conversation, E-mail conversation, CD, Mobile communication, Mobile, Facebook and Whatsapp messages, Sting operation, Video conferencing Etc.) but also procedures and Conditions for the admissibility of digital evidence. This paper has also explored the role of cyber forensics and Expert’s opinion in this regard. Since admissibility of digital evidence is one thing and reliability on these types of evidences is another thing, the effort has been made out here to critically examine the reliability of digital evidence, separately to evaluate its evidentiary value. The extent to which these types of digital evidences are appreciated by the courts to treat them conclusive proof of any fact in issue, is going to be examined in this work. Digital evidence acquisition is not just systematic inspection of computer or mobile etc, it is more complex and important task as it is going to decide the civil or criminal liability. Since there is no specific test laid down that can be used to determine whether digital evidence possesses the requisite scientific validity or not, the author wishes to suggest some factors to be considered in this regard.
Key words: Digital evidence, electronic records, cyber forensic, relevancy, admissibility, appreciation, reliability.