The Critical Analysis of Recent Amendments in Laws of Evidence in Bangladesh: Amendments in 2022

Abstract

31, 2022, the Evidence (Amendment) Bill was introduced before the parliament. This Bill will be an Act only after completing some legislative procedures. Under the Bill, any digital record has been included in the definition of 'document' in section 3. The definition of 'digital record' has been added in the same section which implies that any data or information generated, prepared, sent, received, or stored in magnetic or electro-magnetic, optical, computer memory, micro film, computer generated microfiche including audio, video, DVD and all records of CCTV, Drone, Cell phone, hardware, software, and all other digital devices, are to be considered as digital record. At present, we are completely dependent on digital devices. So, it is usual that in many, if not all, cases, evidences are digital or electronic. For instance, video recording or CCTV footage can play a vital role in criminal cases. In this regard, it has been essential to make digital records admissible as evidence. The term 'digital record' has been added to sections 17, 34, 35, 36, and 39 in the Bill. Besides, section 22A says that the oral admission of digital evidence would be inadmissible unless the genuineness of the digital record is in question. For example, if the opposing party raises any question regarding the authenticity of the video footage, only then the oral admission of the witness regarding the video footage can be admissible in the court.