Navigating the legal and technical challenges of Admitting Electronic records as Evidence: An analytical study
DOI:
https://doi.org/10.29070/cn5t8v45Keywords:
Electronic Records, Legal and Technical, Challenges of AdmittingAbstract
On the internet, nothing is immune. There is usually some element of surprise in cybercrime. Every person who uses the internet leaves traces of their online activity behind. The user can be located using these footprints. All of these might be gathered and utilized as digital evidence. Electronic evidence is a topic that is frequently discussed in India. However, Indian courts have always made an effort to make the legal situation clear, including the gathering procedure, admissibility, veracity, and relevance of electronic evidence. Few parts were still unclear, though. The purpose of this study is to describe the import of electronic evidence's admissibility and veracity from an Indian legal standpoint.
Additionally, to examine the legislative actions made by the Indian Parliament and the rulings issued about electronic evidence by the Hon'ble Supreme Court of India. This essay examines the issue of when an electronic evidence certificate is necessary, what information should be included in such a certificate, which is qualified to provide such a certificate, and at what point it is needed. This study also tries to determine whether or not spoken testimony regarding the content of electronic evidence can be provided.
References
Casey, E. (2009). Handbook of digital forensics and investigation. Academic Press.
Manderson, B., Mcmurray, J., Piraino, E., & Stolee, P. (2012). Navigation roles support chronically ill older adults through healthcare transitions: a systematic review of the literature. Health & social care in the community, 20(2), 113-127.
Schlosser, J. A. (2008). Issues in interviewing inmates: Navigating the methodological landmines of prison research. Qualitative inquiry, 14(8), 1500-1525.
Duranti, L. (2009). From digital diplomatics to digital records forensics. Archivaria, 39-66.
Greenhalgh, T., Stramer, K., Bratan, T., Byrne, E., Mohammad, Y., & Russell, J. (2008). Introduction of shared electronic records: multi-site case study using diffusion of innovation theory. Bmj, 337.
Risinger, D. M. (2000). Navigating expert reliability: Are criminal standards of certainty being left on the dock. Alb. L. Rev., 64, 99.
Greenhalgh, T., Stramer, K., Bratan, T., Byrne, E., Russell, J., & Potts, H. W. (2010). Adoption and non-adoption of a shared electronic summary record in England: a mixed-method case study. Bmj, 340.
Longley, P. A., Goodchild, M. F., Maguire, D. J., & Rhind, D. W. (2005). Geographic information systems and science. John Wiley & Sons.
Longley, P. A., Goodchild, M. F., Maguire, D. J., & Rhind, D. W. (2005). Geographic information systems and science. John Wiley & Sons.
Ash, J. S., Berg, M., & Coiera, E. (2004). Some unintended consequences of information technology in health care: the nature of patient care information system-related errors. Journal of the American Medical Informatics Association, 11(2), 104-112.
Rogers, M. K., Goldman, J., Mislan, R., Wedge, T., & Debrota, S. (2006). Computer forensics field triage process model. Journal of Digital Forensics, Security and Law, 1(2), 2.
Center, F. J., & National Research Council. (2011). Reference manual on scientific evidence. National Academies Press.
Rice, R. E., McCreadie, M., & Chang, S. J. L. (2001). Accessing and browsing information and communication. Mit Press.
Cook, T. (1994). Electronic records, paper minds: the revolution in information management and archives in the post/custodial and post/modernist era.[Based on a presentation delivered by the author during his November 1993 Australian tour.]. Archives and Manuscripts, 22(2), 300-328.
Bozkurt, A., Jung, I., Xiao, J., Vladimirschi, V., Schuwer, R., Egorov, G., ... & Paskevicius, M. (2020). A global outlook to the interruption of education due to COVID-19 pandemic: Navigating in a time of uncertainty and crisis. Asian Journal of Distance Education, 15(1), 1-126.
This work is licensed under a 