Bangabandhu Sheikh Mujibur Rahman

Maritime University, Bangladesh

Course Title : Law Of Evidence

Course Code : LL.B 2207

Assignment

Topic On
Digital Evidence : A study in Bangladesh
Context

Submitted by, Submitted to,

Rafia Tabassum Md Ikra
ID : 21111034 Department Of Maritime
LL.B ( 3rd Batch) Law and Policy
2nd Year ( 4th Semester)
Department Of Maritime
Law and Policy
 Digital Evidence : A study in Bangladesh Context

Introduction:

Bangladesh has traveled to a long way from the British colonial period to present days
of digitalization. It has adopted a lot of necessary measures for the necessity of the time and
society. Though those colonial periods are over but some provisions of that colonial period are
there. The Evidence Act 1872 is an example of that. Though it was enacted in British period but
today at 2023 in this modern time it is incorporated in our judicial system. We now live in a digital
country, that means a country which is advanced in technology. But in this digital country digital
evidence is not admissible in court. Because of this modernized technology its related crimes are
also increasing. If digital evidence is not admissible in court then crimes cannot be proved.

But at last to keep pace with the necessity at time, digital evidence is incorporated in the
Evidence Act 1872 on the date of 20th November 2022. Also, forensic evidences are also made
admissible in this amendment.

What Is Digital Evidence?

To understand digital evidence first we have to know about evidence. In Evidence Act
1872, Section 3 has given the meaning of evidence. It says that evidence means all the statements
that a court permits a witness to be made before a court for further investigation. So, evidence
means some material things and statements of facts which is used for asserting the fact.

So, Digital Evidence means any information or data that is used, stored or transmitted by
electronic device to ascertain the facts. Evidence Act has also defined digital evidence as digital
record or electronic record which are prepared, stored, sent or received in any magnetic or electro-
magnetic Way.
Sources of Digital Evidence:

To categories any information or material facts as digital evidence, we have to know if those
evidences can be marked as digital evidence.
By amendment of the Evidence Act 1872, in Section 3 has included the sources of
digital evidence. It is written there –

“Digital record" or “electronic record” means any record, data or information generated,
prepared, sent, received or stored in magnetic or electro-magnetic, optical, computer memory,
micro film, computer generated micro fiche including audio, video, Digital Versatile Disc or
Digital Video Disc (DVD), records of Closed Circuit Television (CCTV), drone data, records
from cell phone, hardware, software or any other digital device . It is defined in Digital Security
Act, 2018.
So, all photos, videos captured in camera, mobile, CCTV footage, pdf, presentation files,
text messages, e- mails, anyone’s logging record, social media, internet browsing history all will
come in the category of digital evidence. These evidences can be used to prove any legal
proceeding against any person.

Importance of Digital Evidence:

This present world, science and technology is growing rapidly. These technologies, one side is
a blessing for us also another side these has a lot of drawbacks. Because of technology the rate
of cybercrimes, online bullying, harassment, stealing data, online threat etc. are increasing. Not
only that sometimes happening of a crime is captured by cameras, or may be recorded in a CCTV.
Legal professionals, like – lawyers, judges and experts have to prove or disprove any case on the
basis of the Evidence Act 1872. To the disposition these crimes digital evidences are necessary to
be placed before a court. If they are not admissible to the court, it will not be possible to get a
proper remedy.
For Example: A woman is harassed by a man for a long time in her social media. Also, a man
is spreading false news about religion in the social media. In both the case to get proper remedy
or give the accused punishment all the messages by the man to harass the woman must be placed
to the court as evidence. Same for the second scenario hi posts must be placed to the court. But
if digital evidences are inadmissible to the court and there is no other way to prove them guilty.
As a result, the criminal cannot be punished and may repeat his work.

The Scenario Before the Admission of Digital Evidence:

Before 20th November 2022, there was no specific regulations of the admission of digital
evidence as a result Information and Communication Technology Act 2006 and Digital Security
Act 2018 these special laws were there. As they are special law they were also enacted into special
cases. As digital evidence was not admissible, as a result our judicial system has to face
problems. Because of digital evidence a crucial case cannot be proved, that used to lead unfair
decisions. As a result, a person can be convicted illegally that can make people to question on the
judicial system and they may lose their trust. Disputes over the admissibility of digital evidence
may lead to prolonged cases and also the right to have speedy trial. It will lead to uncertain and
inconsistent rulings.
Some Cases are now discussed below which faces these problems because those had digital
evidence to prove the cases.

In Mrs. Khaleda Akhter vs State (1985), it was held by the court that recording of certain
matter on magnetic tape and showing it on television by using technology will be admissible to
court. So, a video cassette or tape, should come with in the definition of the document of the
evidence act and be admissible to any court without corroboration by authors.
In Biswajit Murder Case (2018), the court made the video that video footage, photographs
and paper clippings are also admissible as evidence under document of Section 3 of the Evidence
Act 1872.

In Major Bazlul Huda vs Another (2010) , the A ppellate division justice Md . Tafazzul Islam
remarked , digital evidence to be asmissible in the court , a party must produce the
compact disk(CD) or video cassette, also the authors or makers certificate or signature , the date
and the place of record must be there.
In State vs Qamrul Islam and others (2017) where the defense in their part said that
digital evidence is not admissible in court. So, the video recordings or footage cannot be served
as evidence. But the justice mentioned the Mrs. Khaleda Akhter vs State (1985) case about the
admission of video footage.

Though these cases are solved , but the all the persons related to these cases has to face difficulty to
define those digital evidence , as they will be admissible or inadmissible. If digital evidence
is defined in the evidence act then these cases can be solved very rapidly without any hindrance.

The Scenario After the Admission of Digital Evidence:

After the admission of digital evidence fast trial of case is now possible. Those case which were not
possible to solve is now solved fast. Also, people trust to law is increasing. The number of digital
security cases are increasing. There are almost 1000 cases are filed last year related to
digital security, where digital evidences are must to prove cases.

Also, if we observe in SP Babul Akhter case, his wife was killed by some persons on the road
while by some unknown persons. The murder was recorded in the CCTV footage. By that
footage the murderer was identified and got punished.

If the CCTV cannot be used as evidence of their murdering then the case cannot be proved and the
main culprit would not be able to come out behind the murder planning. Because of Digital
evidence the judiciary can solve cases fast and in a fair way.

Conclusion:
In conclusion, these can be said that be that because of digital evidence made admissible
to evidence act our judiciary has got new life. It plays a crucial role in the modern investigation.
The effective utilization can significantly impact in decreasing crime rate in Bangladesh. Because
of digital evidence those cases were not possible to solve can be solved in a smooth way. It is a
new door for our judiciary to solve cases fairly.
 Reference
The Evidence Act 1872 (3)

Mrs. Khaleda Akhter vs State [1985] DLR 37, 275

Biswajit Murder Case [2018] DLR70,HCD 26

Major Bazlul Huda vs Another [2010] BLT18

State vs Qamrul Islam and others [2017] LNJ(2)(HCD)303