DIGITAL EVIDENCE: TESTIMONY OF EXPERT WITNESS in Pakistani Law

Abstract

The world is rapidly producing electronic gadgets which are capable of digitally connecting with other devices and leaving traces which can be used as substantiation. Information technology is moving too fast to an extent that prediction of future technology is not imaginable. Hence, the legislative bodies are unable to predict the technological developments and make laws proactively, therefore, legislations designed for a specific objective may fail when a new situation arises. Almost, every electronic device is leaving a digital trace which can be used as evidence in judicial proceedings. Consequently, preserving digital evidence require special procedures ought to be followed since its generation till final disposal. Without, properly understanding its unique characteristic, it is difficult to produce the same in judicial forums. Due to novel issues attached to the situation, digital evidence is examined by the forensic experts. This research aims to demonstrate the definitions of digital evidence in the judicial parameters to facilitate the experts and legal fraternity for better understanding of it and making use of the same for judicial purposes. The paper further examines the amendments made in Qanun-e-Shahadat Order 1984 through Electronic Transactions Ordinance 2002, with the purpose to measure the extent of application under these amendments. Thereafter, complications faced by the investigator while collecting the evidence is examined. At the end, the paper discussed the role of expert in the light of legal instruments and proposed amendments ought to be made in the legal system of Pakistan to accommodate the report of digital forensic expert to make it admissible judicial proceedings.