Evidential representation of using the modern devices and decisionmaking feasibility in Pakistan

Abstract

In the long run of modernity and technicality, the use of smart appliances in every field of life has been the need and demand of the era. The evidential representation by using modern devices is permissible in various developed judiciary cultures of the world. Pakistani courts and the judiciary system are also adopting modern devices to present the evidence in the courts for authentic decision-making. The articles and sections of Qanun-e-Shahadat order, 1984 and Electronic Certification Accreditation Council under Section 18 clarified using modern technologies to present the evidence in the courts with state and religion's perspectives of acceptability. The study descriptively demonstrated various types of modern devices use for evidential representation of offenders data; press reports and press clips, fax, email and internet evidence, cell phones, computer-related data, audio recordings, photographs and screenshots, video films and video cassettes, CCTV footage, polygraphy test and DNA test. In each type of modern evidential representation, the registered, recorded and solved cases have also been mentioned as proof of modern devices application in court decision-making feasibility. The study found that the unapproached low-class sector of society feels reluctant to rely on and use modern devices for court hearings and decision-making due to unawareness and unavailability of modern resources. There is also the issue of some insecurities and inadequacies of using modern devices as evidential representation because of editing, cropping and regenerating the duplicate evidence that could not be verified due to lack of technical flaws and advancement of computerized technology.

Digital Evidence and Pakistani Criminal Justice System: A Review Article

“…Previously, the admission criteria for digital evidence were distinct Article 5 of ETO was amended in 2002 to update these rules. Article 5 of the ETO specifies that if digital evidence is presented that has not been altered in any way, it shall be recognized as admissible proof, even if the alteration was performed inadvertently (Saeed & Gillani, 2021). All of these adaptations are being made to meet the needs of modern society, in which the great majority of transactions, including payments, are conducted digitally, and contracts are either approved or acknowledged as legally binding on all parties.…”