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VOL. 10, ISSUE 3 (2024)
Legal challenges and lacunas in the digital forensics jurisprudence in India
Authors
Srinivas Katkuri
Abstract
A strong legislative framework for digital forensics has to be put in
place in India due to the expansion of digital devices and a significant rise
in cyber-crimes. Many problems and gaps exist in the current jurisprudence and
legislation pertaining to digital evidence. The Indian Evidence Act, the
Information Technology Act, and pertinent court decisions are all examined in
this review paper along with the important legal problems and shortcomings in
the field of digital forensics. Digital evidence's admissibility, authenticity,
and evidential value were examined in depth via a thorough examination of
statutes, case laws, and academic literature. Digital evidence is defined
vaguely, there are no established standards for its preservation or analysis,
and no set protocols for its presentation in court. These issues are brought to
light in the article. In addition, it examines into the difficulties brought
about by new technology that put a strain on the current legal system, like
blockchain, encrypted communication, and cloud computing. Additionally, the
paper explores the topics of privacy, the need of specialised training for
judicial and law enforcement officials, and the question of jurisdiction. To
better combat cyber-crimes and ensure fair and reliable adjudication of cases
involving digital evidence, the article seeks to add to the continuing
discourse on reforming and strengthening the legal framework for digital
forensics in India by identifying these gaps.
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Pages:23-29
How to cite this article:
Srinivas Katkuri "Legal challenges and lacunas in the digital forensics jurisprudence in India". International Journal of Law, Vol 10, Issue 3, 2024, Pages 23-29
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