Admissibility of Digital Evidence in Court: In Light of Changes in Bangladesh Evidence Law

Tania Sheikh, Sumaya Afroj and Farah Iqbal
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Tania Sheikh: Law Department, Gono Bishwabidyalay, Narayanganj, Bangladesh
Sumaya Afroj: Department of Law, Gono Bishwabidyalay, Manikganj, Bangladesh
Farah Iqbal: Law Department, Gono Bishwabidyalay, Savar, Bangladesh

International Journal of Research and Scientific Innovation, 2024, vol. 11, issue 8, 1617-1627

Abstract: The advent of the digital era has brought great changes in the legal field, particularly concerning the gathering, presentation, and admissibility of evidence in courtrooms. Digital evidence, encompassing everything from emails and social media posts to data stored on cloud servers, is increasingly pivotal in both civil and criminal cases. However, the admissibility of such evidence poses unique challenges, including issues of authenticity, integrity, and reliability. This paper explores the legal framework governing the admissibility of digital evidence, with a focus on the standards and procedures established by courts to ensure its reliability. It critically examines the role of evidence Regulatory protocols, the application of reliability criteria, and the implications of data tampering and cybercrime on the evidentiary process. It also explores loopholes by government officials such as the preservation of digital evidence and the potential for data manipulation. As well, by evaluating case studies and legal structures in Bangladesh, and comparing them with international practices, this study sheds light on the present state of digital evidence admissibility and suggests improvements to legal procedures to more effectively address the complexities associated with digital evidence.

Date: 2024
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