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VOL. 10, ISSUE 2 (2024)
Analysis on admissibility of digital evidence in present era in the context of Bangladesh
Authors
Roshna Zahan Badhon
Abstract
As the world has turned up into its new frontier of digitalization,
laws are also be innovated according to the modern changes. Digital crime has
been increased in recent time. To prove digital crime we need to place digital
records as evidence in judicial body otherwise justice cannot be secured. In
past it was very unfortunate that no country had any clear concept of
considering digital records as evidence, even though there was no treaty or
agreement regarding this concept. The Scientific Working Group on Digital
Evidence (SWGDE) published the first book about digital forensics called ‘Best
practices for Computer Forensics’ in 2002. Moreover the ICC has developed
digital evidence standards to meet up the needs. Many countries (i.e. India,
Pakistan, UK, USA) have already introduced it in their judicial system based on
some fruitful research. In Bangladesh the most leading case named Biswajit
Murder Case is the case where digital evidence is admitted for the first time
in the history of judicial system in Bangladesh when no other evidence was
existed and from then we have found some more cases like this. Recently the
Evidence Act, 1872 has been amended for the sake of giving admissibility of
digital records in 2022. But the main challenge in this regard is to prove the
authenticity of digital evidence. Moreover, it can be manipulated, erased and
moved easily. Our courts should be reformed to consider digital records.
Judges, experts should be trained properly, public awareness should be
increased for using digital records as evidence.
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Pages:18-22
How to cite this article:
Roshna Zahan Badhon "Analysis on admissibility of digital evidence in present era in the context of Bangladesh". International Journal of Law, Vol 10, Issue 2, 2024, Pages 18-22
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