'Digital evidence plays big role in judicial cases'
LUCKNOW, Aug. 20 -- Digital evidence plays a crucial role in judicial cases, especially when there are no witnesses. In the 26/11 Mumbai attacks case, internet transcripts were pivotal in securing Pakistani terrorist Kasab's conviction, said Justice Talwant Singh, the retired judge of the Delhi high court.
Justice Singh was speaking at a seminar on "Importance of Digital Evidence in Judicial Cases" on Tuesday organised by the UP State Institute of Forensic Sciences where experts discussed the significance of digital evidence in judicial proceedings.
Addressing the gathering, Justice Singh also said the judiciary is being strengthened with technology and digital evidence is being given due recognition.
"Video conferencing facilities have been expanded to enhance transparency and efficiency in court proceedings. Necessary framework is being prepared in the state to grant recognition to digital evidence," he added.
Defining digital evidence, Justice Singh said, "All data that is born in digital form and collected in one place."
He described it as essential to deal with the challenges of increasing cybercrime, noting that it has now become an integral part of almost every investigation, whether the matter relates to theft, robbery or cybercrime.
"In my view, scientific and digital evidence play a crucial role in strengthening the prosecution's case and thereby aid in conviction," he said.
The retired justice referred to the new provisions of the Bharatiya Sakshya Adhiniyam (BSA), explaining that the Act facilitates the acceptance of digital evidence, which includes oral statements recorded through video calling and video recordings.
Citing Section 273 of the Code of Criminal Procedure (CrPC), he explained that video conferencing has now become a valid method for recording witness statements.
Clarifying the difference between digital and electronic records, he said that digital records, such as scanned PDFs, CCTV footage and electronic records, such as emails, SMS, and server logs, are two distinct types.
Referring to Section 63 of the Bharatiya Sakshya Adhiniyam, he explained that for digital records to be authentic, the device must be regularly used, data is normally recorded, and the functionality of the device is proper....
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