Relevancy and Admissibility of Digital Evidence: A Comparative Study

Abstract

There has been a massive change in everyday life due to growth and technological development. Communication through technologies that increase reliance on digital means of communication, e-commerce, and storing of data in electronic form is extremely easy. This rise and development of technology has an extreme impact on legal standards, especially in the field of proof, in the legal system. This modern technology has created and manufactured materials that are considered proof in the courts. This prompted a need to reform the legislation on information technology and the standards of digital proof admissibility, both in criminal and civil matters. This paper is an effort to reconsider electronic evidence law and its own admissibility and meaning, thus discussing a number of concerns in India, the United States and the United Kingdom in accordance with the assistance of case laws and interpretations. I. INTRODUCTION Digital devices of the modern world are used everywhere. This allows people to connect locally and globally without difficulty. Because of that, the emphasis on digital communication, e-commerce and data storage in digital form is increasing rapidly. This created a need to reform the law on information technology and the standards of digital proof admissibility in both criminal and civil matters. Digital evidence is defined as useful data and data for an examination that is stored, distributed or obtained through an electronic device. It is any probative material that a party to a court situation may use at trial that is transmitted or stored in electronic form. "It is" probative meaning information that is stored or transmitted in binary form. It is not only limited to computer locations, but may also extend to include data on mobile devices such as telecommunications or interactive multimedia devices. E- evidence is contained in e-mails, electronic images, ATM transaction records, word processing, reports, instant message histories, accounting programme documents , spreadsheets, databases of web browser history, and PC memory material, computer backups, 1 Author is a student at Manipal University, Jaipur, India 2020. International Journal of Integrated Law Review