DIGITAL EVIDENCE

Abstract

Human civilization has, with the passage of time, made tremendous progress and
consequently resulted in numerous inventions and discoveries. Development of personal computers
and internet is considered as one of the greatest inventions of mankind.This has also led to the
development of cyberspace. Like any other development in the field of science and
technology, the developments in computers and internets are also not free from dangers.
This is because internet cyberspace being one of the easiest and fastest media to spread
information, there is a likelihood of its misuse by unscrupulous individuals. The
cyberspace because of its diversity of contents, information, posts, pictures, opinions,
ease accessibility and wide reach, pose several dangers to the society.
During the last few years, investigation agency in different parts of the Country have
been exposed various Cyber Crimes and more and more cases are being registered for
investigation. For an effective investigation of these cyber-crimes and its prosecution
requires evidences derived from computers, Internet and other devices. Such evidences
derived from computers, Internet and other devices are generally termed as digital
evidence. The identification and collection of digital evidence is a herculean task as it
requires expertise in cyber technology.In this context Cyber forensics, the art and science of
applying computer science to collect digital evidence has emerged as an
important aid to criminal prosecution of cyber-crimes. However, this new method of
investigation has raised several significant legal issues. It is against this backdrop that this paper
seeks to examine important legal issues in cyber forensics, i.e. the aquisition, authentication and
admissibility of digital evidences in India.This paper scrutinise the current cyber laws in India and
put forward suggestions for improvement taking into consideration the recent developments and
trends in cyber space.