| dc.description.abstract | The rapid proliferation of information technology has fundamentally transformed
human communication, financial transactions, and criminal enterprises, shifting the
locus of evidence from tangible paper to intangible digital bits. For one and a half
centuries, the judicial framework of Bangladesh relied exclusively on the colonial-era
Evidence Act, 1872, which was conceptually unequipped to address the volatility,
mutability, and non-linear nature of electronic records. This structural vulnerability
routinely compelled courts to adopt strained, ad-hoc judicial interpretations, thereby
triggering systemic inconsistency.
The enactment of The Evidence (Amendment) Act, 2022 represents a monumental
paradigm shift, formally introducing legislative mechanisms for the admissibility of
digital and electronic evidence through the insertion of groundbreaking provisions,
most notably Sections 65A and 65B. This thesis provides a comprehensive doctrinal
and analytical critique of this legislative overhaul. It dissects the strict procedural
prerequisites mandated under Section 65B, specifically the compulsory requirement of
a certificate of authenticity to validate electronic data.
Furthermore, this study examines the contemporary obstacles confronting the
Bangladeshi criminal justice delivery system, including the fragile "chain of custody,"
the vulnerabilities of digital forensic laboratories, and the persistent technological
capacity deficit among judges, prosecutors, and defense counsels. By executing a
meticulous comparative analysis with advanced evidentiary frameworks in India and
the United Kingdom, this research identifies critical loopholes within the domestic
framework. Ultimately, this thesis prescribes actionable institutional, procedural, and
legislative reforms necessary to harmonize the rule of law with the imperatives of the
digital age, ensuring that electronic evidence serves as an uncompromised instrument of
justice rather than a source of procedural bottlenecks. | en_US |
