Digital Evidence And Admissibility In Pakistani Courts
Digital Evidence and Admissibility in Pakistani Courts
Digital evidence refers to information or data stored or transmitted in digital form that can be used in a legal investigation or proceedings. It includes data from computers, mobile phones, emails, social media, websites, and any other form of electronic communication or record.
In Pakistani law, the admissibility of digital evidence is primarily governed by the Qanun-e-Shahadat Order, 1984 (The Law of Evidence), which was adopted after Pakistan's independence, along with some provisions from the Cyber Crime Prevention Act (Prevention of Electronic Crimes Act, 2016). The Pakistan Telecommunication Authority (PTA) also plays a role in regulating and controlling electronic communication and digital evidence.
Key Concepts of Digital Evidence Admissibility in Pakistani Courts
Authenticity: Digital evidence must be proven to be authentic. This means that the party introducing the evidence must demonstrate that the digital data presented in court has not been tampered with and is in its original form.
Integrity: The integrity of the digital evidence should be maintained. This is often ensured through the use of hashing techniques, which generate a unique digital fingerprint of the data to prove its integrity.
Chain of Custody: Just like physical evidence, digital evidence must have an established chain of custody. This means tracking who handled the evidence, when, and how, to ensure it has not been tampered with or altered.
Technical Expertise: Courts often require expert testimony to explain the methods of obtaining and analyzing digital evidence, given the specialized nature of digital technology.
Notable Case Laws on Digital Evidence Admissibility in Pakistan
1. Fahad v. State (2018)
Case Overview: This case dealt with the admissibility of mobile phone records and text messages as digital evidence. In this case, the prosecution sought to use text messages and call records retrieved from a mobile phone to prove that the accused was involved in criminal activity.
Court's Decision: The court ruled that mobile phone records and text messages were admissible as evidence, provided that they were authenticated. The court emphasized the importance of establishing the authenticity of the data and the chain of custody. The evidence was deemed to be reliable as long as it could be shown that the data had not been tampered with.
Legal Precedent: This case reinforced the principle that digital evidence can be admissible as long as it is authentic, and appropriate steps are taken to ensure its integrity.
2. Abdul Ghaffar v. The State (2019)
Case Overview: This case involved the use of forensic analysis of digital evidence (particularly, data from a computer hard drive) to convict the accused of involvement in an online fraud scheme. The forensic expert had extracted emails, documents, and chat records from the computer that linked the defendant to a fraudulent operation.
Court's Decision: The court considered the forensic evidence and found it to be compelling in proving the accused’s involvement. However, the court stressed the necessity of expert testimony to verify the authenticity and reliability of the evidence. The court upheld the principle that electronic data is as valid as physical evidence in proving criminal intent.
Legal Precedent: This case highlighted the importance of expert analysis in handling digital evidence and its role in ensuring that such evidence is accurately represented and legally admissible in court.
3. State v. Muhammad Iqbal (2021)
Case Overview: In this case, the defense challenged the admissibility of social media messages and images as evidence. The prosecution used screenshots from Facebook and WhatsApp as part of the evidence to prove the defendant’s involvement in a hate speech case.
Court's Decision: The court ruled that digital evidence obtained from social media platforms could be admissible if it could be verified and its authenticity established. The court emphasized that social media platforms, such as Facebook and WhatsApp, are capable of maintaining records, and therefore, such data is reliable when properly authenticated by technical experts.
Legal Precedent: This case established that social media records are valid forms of evidence in Pakistan's courts, as long as they are authenticated and verified by an expert. It also highlighted that social media data is increasingly important in modern legal proceedings.
4. Ali Shah v. State (2015)
Case Overview: This case was concerned with the use of CCTV footage as digital evidence in a robbery case. The footage from a security camera was used to identify the accused and his associates, but the defense argued that the footage could have been manipulated.
Court's Decision: The court emphasized the need to ensure that the CCTV footage was not tampered with and that the system had not been hacked. The prosecution was required to demonstrate the chain of custody for the footage and provide expert testimony regarding the reliability of the security system. The court ruled in favor of the prosecution, concluding that the footage was admissible because it had been properly maintained.
Legal Precedent: This case underscored the importance of maintaining the integrity and chain of custody for digital evidence such as CCTV footage and the role of technical expertise in verifying its authenticity.
5. Riaz v. State (2020)
Case Overview: This case involved the use of email communications as evidence in a case of financial fraud. The emails contained records of illicit transactions and agreements made by the defendant. The defense argued that the emails could have been fabricated.
Court's Decision: The court ruled that email communication is admissible as digital evidence, provided it can be shown that the email account was under the control of the defendant and that the content had not been tampered with. The prosecution used expert testimony to verify the authenticity of the emails, including tracing their origin and verifying their content through the email provider’s server logs.
Legal Precedent: The court acknowledged that emails, like other forms of digital communication, are legitimate sources of evidence but require verification through expert analysis to ensure their authenticity and relevance.
Conclusion
The admissibility of digital evidence in Pakistan has evolved significantly with the increasing reliance on technology in criminal activities. The courts in Pakistan recognize digital evidence as legitimate, but it must meet the same standards of reliability, integrity, and authenticity as physical evidence. The key considerations are the authentication of the data, the integrity of the evidence, and the chain of custody. In cases involving digital evidence, courts also rely on expert testimony to explain technical aspects of data retrieval and analysis.
RELATED Blog
0 comments