An Approach towards Traditional Judicial Systems to Digital Forms of Evidence

There were many critics of the present administration’s “Digital India” initiative at first. However, with its finger on the pulse of Young, Emerging India, several facilitations were offered with the single purpose of connecting technology with the general public. Thus, even in previously inaccessible locations, smart phones, laptops, and computers are becoming household names. On the other side, however, we also observe a sharp rise in crimes perpetrated online and using computers. Technology is a phenomena that changes constantly. It never stops evolving, modernising, or even renewing itself. Alongside the development of contemporary technology and hi-tech tools and equipment, crime has also increased. A perpetrator can easily plan, carry out, and finish a crime without being physically present at the crime scene thanks to the shift of criminal activity from the physical to the digital realm. This makes it challenging for investigators, law enforcement officials, and traditional legal systems that only consider physical evidence to identify the true perpetrator, establish guilt, and determine the seriousness of punishment. Using a desktop computer, a laptop, or even a smartphone, a criminal may carry out an illegal act while miles away from the scene of the crime, leaving no physical evidence of the crime’s commission. They can also take use of web servers, Bluetooth, Wi-Fi, and 4G data transmission rates. In these circumstances, Digital footprints must be used since they are the only means to confirm that an illegal conduct was actually carried out and to find the person who did it. Digital footprints must be given their due in the current judicial system to aid in establishing the execution of an unlawful conduct, identifying the true offender, and calculating the appropriate level of punishment because the IPC’s guiding concept is “Innocent until proven guilty.” This essay aims to demonstrate the importance of digital footprints and how they are used by the current justice systems to confirm, attest to, and support the commission of an illegal act.

Author (s) Details:

Banipriya Mishra,
KIIT School of Law, KIIT University, Bhubaneswar, Odisha, India.

Supriya Mishra,
Skill Development & Technical Education Department, Government of Orissa, Bhubaneswar, Odisha, India.

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Keywords: Digital, footprints, justice, crime, real, culprit, internet, world-wide web, dark-web.

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