Ishaan Kapse, BA.LLB, LL.M (Criminal Law)
ABSTRACT
While the technological advancement in current times have proven beneficial, it has also simplified the process of tampering with digital/electronic evidence. Mechanisms and institutions, however, to prevent the same are limited in their capacity and in number. This paper explores the basic first step procedure to admit digital evidence in court under the Indian Evidence Act as established by the Supreme Court of India in the cases of Avnar P V v/s P K Basheer and Ors.1 and Arjun Panditrao Khotkar v/s Kailash Kushanrao Gorantyal and Ors.2. Through a discussion on the tampering of evidence and how tampering may be curbed, the paper provides insight upon methods that may be adopted to prevent tampering of digital evidence, in an attempt to advance and further strengthen existing provisions. The methods elucidated upon will enable presentation of more holistic and accurate picture of the evidence to the courts.
