A techno legal analysis of admissibility of digital photographs as evidence & challenges
Aratrika Chakraborty, Anuradha Parihar
With the advent of technology, Digital photographs have been able to replace the analog photographs. The concept of photographs was they were captured and required representation on a film or paper. But now the traditional photographs have been replaced with new digital photography where the whole concept of concept of capturing or storing of images is different from the traditional one.
Keeping in view the technology employed in capturing and storing of these digital photographs with the traditional analog images, the rules of admissibility in a court if law differ. Thus, it has to be studied how digital photographs can be made admissible in the court as evidence and the rules corresponding to the same. Time and again photographs have been taken as evidence in the justice delivery system but the question which needs to be addressed is how photographs are made admissible as evidence in the court. In order to answer these questions the provisions of Indian Evidence Act, 1872 in consonance with the Information Technology Act 2000 needs to be studied.
This paper attempts to analyze the principles and some important cases with regard to the authenticity of digital photographs as evidence.