Introduction: Learn about the role of digital evidence in Cyber Crime investigations in this article. So, if you want to learn more about the importance of Digital Evidence, this is a great place to start.
The growth of computers and digitalization has been one of mankind’s greatest and most transformative inventions. Cyberspace, like other areas of human existence, has not been free of hazards and crimes. This is due to the enormous variety of content and information available. As well as the ease of access and global reach.
However, as the internet has grown in popularity, so has the number of people abusing it. Because of their vulnerability to alteration, the veracity of electronic documents has long been called into question. The admissibility of digital information is also becoming a problem for law enforcement agencies.
Electronic evidence, unlike traditional evidence, requires specialized and specialist expertise in cyberspace, thus the method used to examine and analyze data stored on or recovered from electronic media is of primary importance.
Electronic evidence is examined in this article based on judicial declarations and legislative purpose. And the article concludes that it is admissible.
Laws relating to information technology and the evidence act of 1872 (Digital Evidence in Cyber Crime Investigation)
The Information Technology Act of 2000 (“IT Act”) and the Evidence Act of 1872 (“Evidence Act”), as well as the Indian Penal Code of 1860, established the idea of “electronic evidence” (“IPC”). The United Nations Commission on International Trade Rules (UNCITRAL) model Law on Electronic Commerce is the basis of the IT Act and its amendments. ‘Electronic record,’ as defined in the IT Act’s Section 2(1)(t), refers to a digital file, microfilm or computer-generated microfiche containing information in the form of data, images, or sounds. When it comes to electronic records, Section 4 explicitly acknowledges their legal validity.
“Evidence” was changed to include “electronic record,. So, enabling for digital evidence to be admissible in court under the Evidence Act. Sections 63 and 65 of the Evidence Act primarily dealt with. And allowed for the admission of digital information prior to the legal recognition afforded to electronic evidence. Electronic evidence collected through various ways by using cyber-forensics is termed “document” and printed copies require certification of authenticity from a qualified signatory who is subject to cross-examination about the certified document, as stated in these regulations.
Even though “Electronic Records” was omitted from Section 61 to 65 and exclusion from Section 59 clearly indicates that Section 65B, which deals only with the admissibility of such electronic records, is overriding Section 65A of Evidence Act, which deals only with the admissibility of such electronic records, clearly indicates that Sections 59 and 61 to 65 do not apply to electronic records.
Copy-writing and its importance in digital media
What is the Main Role of Digital Evidence?
Digital forensics’ primary objective is to collect data from electronic evidence, convert it into actionable information, and provide the results to the prosecutor. Each method makes use of good forensic techniques to ensure that the results are acceptable in court.
Ensuring that electronic records are admissible
According to Section 65A of the Evidence Act, the contents of electronic records might well be establish in line with the provisions of Section 65B of the Evidence Act. Thus, any document evidence available in the form of an electronic record may be establish solely in line with the method specify in Section 65B of the Evidence Act.
No matter what else is said in the Evidence Act about electronic records. They are admissible as evidence without further proof of the original’s existence. Subject to the conditions set forth in Section 65B.
Both technical and non-technical factors come into play
Section 65B of the Evidence Act allows for the admission of electronic evidence on the basis of both technical and non-technical considerations, respectively. Section 65B of the Evidence Act, subsection (2), states the technological circumstances under which a duplicate copy (including a printout) of an original electronic document may be use in a legal proceeding. These are the ones:
- The computer that generate digital evidence, it must’ve been in regular use at the time.
- The type of information include in digital record must have been input into the computer on a regular and routine basis; otherwise, the record would be useless.
- The computer seemed to be in perfect working order. And the duplicate copy must be an exact replica of the original electronic record.
As may be gather from the foregoing, the requirements pertaining to the authenticity of the data are meet. This has a double effect: first, it ensures that the data has not been misuse; second, it ensures that the device was in full working order, assuring the correctness and validity of the replicated information.
All linked devices will be deemed a single device under Section 65B of Evidence Act Section 65B(3). Which is self-explanatory and verifies that the customer has been using a networked device either to store or process information
Authenticity Certificate
Section 65B(4) of a Evidence Act specifies the non-technical requirements, one of which is the necessity of an authentication certificate. The certificate’s aim is to demonstrate compliance with the criteria set out in the previous sub-section (2) of Section 65B of the Evidence Act. The certificate must be execute/sign by a person who holds a responsible position. With respect to the equipment that generated the data.
The certificate must identify the electronic record containing the statement. It describe how it was create. And include any information about the device use to create the electronic record that is necessary to demonstrate that it was create by a computer. Additionally, the certificate must address any of the issues covered under the requirements of admission. The entire purpose of the certificate is to confirm the source’s integrity and the data’s validity. So, that the Court may rely on it. This is crucial because electronic data is more easily tamper with and alter.
In other court procedures, the use of electronic media is becoming more common
Along with the introduction of electronic records as evidence. There has been a growth in the use of electronic media for additional reasons during court proceedings. While acknowledging the benefits of electronic media such as emails, WhatsApp messages, and so on. The Supreme Court has encouraged parties/their counsel to serve the opposing party via e-mail in addition to the more traditional modes of service25 in commercial litigation and litigation involving a request for interim relief. The Hon’ble Bombay High Court had a similar view26. Recently, the Hon’ble Delhi High Court27 and the Hon’ble Bombay High Court28 acknowledged service via WhatsApp.
The Conclusion
The use of digital evidence in cybercrime in court proceedings has come a long way since the introduction of the IT Act and later amendments to the Evidence Act. A certificate is no longer consider necessary, despite several court decisions highlighting its significance. It would be fascinating to watch how the Supreme Court clarifies the necessity for a certificate under Section 65B of the Evidence Act following the Supreme Court Shafhi Mohammed’s judgement. To maintain a level of confidence in the use of electronic records, courts should keep up with the ever-changing technological landscape of the Internet, while taking into account all practical considerations.
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