Admissibility and Reliability of Digital Evidence in Criminal Trails: Challenges in the Modern Criminal Procedure System.

Abstract

The mass explosion of information and communication technology and the growing digitization of human activity has made digital evidence a fundamental part of the contemporary criminal justice system. This thesis aims to explore the admissibility and reliability of digital evidence in the criminal trial in the modern criminal procedure system and its applicability in Bangladesh with comparison of some selected countries. The study presents an overview of the concept of digital evidence, the relevant legal and theoretical concepts and a discussion of the changing judicial interpretations in criminal trials regarding digital evidence. The research reveals that Bangladesh has made remarkable progress with the Evidence (Amendment) Act 2022 that established a statutory definition of electronic records under sections 65A and 65B of the Evidence Act 1872. While this is a legal advancement, there are still practical issues to be addressed to ensure the authenticity, integrity and reliability of digital evidence. A lack of strong chain of custody, forensic infrastructure, technical knowledge, and uniformity in procedures remain challenges to the admissibility of electronic records in criminal cases. The study also reveals that there are numerous opportunities for digital evidence to be manipulated and tampered with, and that new technologies such as artificial intelligence and deepfakes exist that can interfere with the integrity of digital evidence. The use of expert evidence and forensic analysis in the admissibility and evidentiary weight of the evidence has therefore become a major issue before the court. The practice of other jurisdictions, like India, United Kingdom, and the United States, underscores the significance of established legal norms, evidence collection procedures, and judicial uniformity when dealing with e-evidence. International instruments, especially the Convention on Cybercrime, stress the need for a harmonization of legal standards and cooperation among jurisdictions for the fight against digital crime and electronic evidence issues. The thesis posits that digital evidence can enhance criminal investigations and prosecutions, but can only do so if there is a strong legal reform, developing forensic infrastructure, training judges, and ensuring that procedures are followed correctly in order to make criminal trials fair and reliable.