No Definitive Judgement on Secure Seizure of Electronic Evidence

Indira Jaising argues  that the provisions of the CrPC did not visualise the search and seizure of Electronic Evidence. The provisions of the CrPC did not visualise the search and seizure of electronic evidence as it is a subsequent technological innovation. There is no definitive judgement on what is considered legal electronic evidence. Two main issues are if the evidence collected is legal and if someone has tampered with computer/device.

 

https://www.livelaw.in/news-updates/bhima-koregaon-violence-caused-by-another-group-jaising-argues-relying-on-ex-cms-statements-pune-police-affidavit-178184

Comment: The presence of a "string" of data in a computer cannot be criminally attributed to the user of the device.

 

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