Admissibility and reliability of digital evidence in criminal trails: Challenges in the modern criminal procedure system

Abstract

The way people interact with each other has changed a lot because of technology. This has really changed how crimes are prosecuted in Bangladesh. We used to rely on things we could see and touch and what people said but now we are looking more at digital information like text messages phone call records things people say on social media and secret online logs. This project takes a look at the rules and laws that decide if digital information can be used in court in Bangladesh. For a time more than a hundred years we had a big problem with using electronic information in court because of old laws from the time when Bangladesh was a colony the Evidence Act from 1872 which did not say anything about information that is not physical. This problem was finally fixed with the Evidence Amendment Act in 2022 which added some new sections, 65A and 65B to make it clear how digital information can be used in court. By looking at what the courts have said in cases in reports like the Dhaka Law Reports, Bangladesh Law Reports, Criminal Law Reports and All India Reporter this study found a big problem with the system: people are getting mixed up about what makes digital information acceptable in court and what makes it reliable. The new laws from 2022 helped with the part making it clear what digital information can be used in court but the system is still not good at making sure the information is correct and has not been changed. There are problems like software that only the people who made it can understand, fake videos and pictures made by artificial intelligence police officers not following the right steps when they collect information and information being stored in many different places online. All these things make it hard to make sure everyone’s rights are protected. The project ends with some suggestions, for how to make sure digital information's good and reliable while also making sure people who are accused of crimes are treated fairly.