What Is Digital Evidence?
Digital evidence includes all forms of electronic information storage or transmission. It includes:
● Emails, chats, or text messages
● Social media posts or accounts
● Call records and mobile data
● Computer files, documents, and images
● CCTV footage or voice recordings
Kolkata cyber crimes Lawyers often use this type of evidence to support or defend their client’s case.
How Indian Law Treats Digital Evidence
Digital records obtained their legal evidence status through the Information Technology Act, 2000 and Bhartiya Sakshya Adhiniyam, 2023. According to Section 63 of the Bharatiya Sakshya Adhiniyam, 2023:
● Electronic records are admissible as evidence without original evidence if conditions are met.
● The device must be regularly used and properly functioning.
● Data must be fed in the normal course of activity.
● A certificate must accompany the record, signed by a responsible person.
Steps to Collect Digital Evidence
1. Identify the Source.
The initial step requires determining the location of data storage which could be on a phone, a laptop or a web-based platform.
2. Secure the Data
The data requires protection to prevent any form of modification. Legal experts guarantee safe storage of devices or data.
3. Extract the Data
The process of extracting information requires officials who have proper training along with cyber experts to follow correct procedures.
4. Submit the Evidence
The digital record together with the required certificate must be submitted to the court.
Role of Cyber Crime Lawyers
Clients receive guidance from Kolkata High Court cyber crimes Lawyers about digital evidence protection and presentation. They:
● Help in filing a proper complaint
● Assist in getting expert support
● Ensure digital data is not lost or misused
● Argue in court for the evidence to be accepted
Conclusion
Digital evidence stands essential for resolving cyber crime cases in India but requires correct collection methods and presentation to achieve judicial acceptance. The legal process becomes simpler for victims and accused individuals to achieve justice through digital evidence proof when they seek assistance from Kolkata cyber crimes Lawyers.
FAQs
1. Can digital evidence be used in Indian courts?
It is acceptable as evidence under Section 63 of BSA..
2. Who can collect digital evidence?
The police along with certified cyber professionals can gather digital evidence through standard procedures.
3. Is WhatsApp chat valid as evidence?
WhatsApp chat evidence receives acceptance through proper certification procedures.
4. What happens if evidence is deleted?
The evidence becomes recoverable through forensic tools by specialists.
5. Can someone refuse to provide digital data?
No, the court may order the person to produce the data if needed.
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