Computer forensics in criminal investigation and admissibility electronic evidence in India

Abstract

newline Computers have become an integral part of every facet of human lives in the present era of newlineinformation and communication technology. At the same time, this tremendously high newlinetechnical capacity of modern computers provides avenues for misuse as well as opportunities newlinefor committing crime. In a crime involving the use of technology, the evidence furnished is newlinealso in electronic or digital form. The most challenging aspect is that electronic or digital newlineevidence, by its very nature is invisible to the eye. Therefore, the evidence must be newlineinterpreted using tools and techniques other than the human eye. Increasing reliance on newlineevidence extracted from computer systems to bring about convictions has led to emergence of newlinea new means of scientific investigation i.e. computer forensics. Computer forensics is a newlinebranch of forensic science pertaining to legal evidence found in computers and digital storage newlinemedia. While a relatively new science, computer forensics has gained a reputation for being newlineable to uncover evidence that would not have been recoverable otherwise, such as e-mails, newlinetext messages etc. newlineThe law enforcement agencies may be considered to be the nodal point of the entire criminal newlineinvestigation process right from collection of data till they are produced before the court. newlineTheir role becomes more crucial when the evidence to be collected is intangible and involves newlinetechnical knowledge such as dealing with electronic records. In this regard, the forensic newlineexperts also play a crucial role in examining electronic evidence. During trial proceedings, newlinethe court has to confront with this new form of evidence, as the ease with which such newlineevidence can be manipulated, creates hurdle to admissibility unlike other forms of evidence.