LEGAL PERSPECTIVE OF DIGITAL EVIDENCES IN THE MODERN JUDICIAL PROCESS: OPPORTUNITIES AND HURDLES

Abstract

Evidence, whether digital or otherwise, plays a remarkable role in the judicial process for proving any crime. Now it is a pressing need for synchronization between new technology, the legal framework, the judicial process and digital evidence. In this paper attempt is made to probe and scrutinize the urgent need for strong legislative and legal framework to address and resolve the intricacies resulting from the technological development. Breach of right to Privacy (privacy) has the effect of jeopardizing judicial process. The Criminal Procedure (Identification) Act 2022 (TCPIA) is in violation of the law set by the Apex Court. Privacy violations could potentially undermine trust in law enforcement and legal processes. How the veracity and applicability of the digital evidence is examined and tested in court and how the police collect the digital evidences during investigation is the core area for the consideration. There is always a risk of tampering, data fabrication and manipulation, hacking with the digital evidences. The paper aims to propose pragmatic recommendations for bridging these gaps.