Digital evidence

PPT on Cyber Law

1. DIGITAL EVIDENCE Dr. Rajesh G. Patil Associate Professor Dr P.D College of Law Amravati

2. Introduction The nature of cyber crime is complex A computer could be referred to as a victim of crime or weapon of the offence It begins with the unauthorized access of the computer This access could be physical or virtual The weapons of the crimes are sophisticated technological tools

3. Introduction As every criminal leaves behind evidence at the scene of the crime a cyber criminal does the same The only requirement is ways and means to collect and interpret the digital evidence Here comes the need of computer forensics Computer forensics is the branch of digital forensics pertaining to evidence found in computers etc..

4. Collection of Digital Evidence There are two levels at which the evidence of Internet usage exists Individual Level…on -the individuals own computer -website accessed by individual using his computer ISP Level -on the servers of individual ISP

5. Collecting Evidence@ individual Level

6. Collecting data at ISP Level

7. Forensic Techniques

8. Admissibility of electronic records Electronic evidence nowadays has become important evidence in cyber and other crimes It may take form of cctv camera footage, computer records, whatspp and face-book messages, emails records, etc The collection and preservation of digital evidence is a technical concept and needs experts as seen However its admissibility and proof before the courts requires legal framework and

9. Indian Evidence Act (an overview) Indian evidence act provides the mode and manner in which evidence is to be given before the court.. It provides a mechanism as to giving evidence by prescribing that Only facts in issue and relevant facts can be proved(3-55) These facts can be proved only in prescribed modes(56-100) The rules as to burden of proof(101-117) The rules as to competency of witness( 118-134) The principles as to examination of witness(135-165) We follow such a model of Law of evidence where we cannot go beyond what is stated in the above rules

10. Indian Evidence Act and Digital Evidence With the advent of IT Act 2000 certain amendments were made to Indian Evidence Act In order to check admissibility and proof of digital records one needs to revisit the entire mechanism All the norms as discussed earlier has to keep in mind while proving a electronic record

11. Definition of term evidence(s/3) The very first significant change which is made by IT act 2000 is the change in the definition of Evidence The original definition contained only oral and documentary as evidence But now the term electronic record has been added to the definition So now electronic records stands as evidence as a mode of proof for facts in Issue and relevant facts

12. Definition of term evidence(s/3)

13. Changes in the chapter of Relevancy of Facts The evidence can be given only of facts in issue and relevant facts The emergence of electronic evidence has not affected this part at all The facts in issue and relevant facts which could already be proved by oral and documentary evidence can now be proved by electronic evidence But some changes have been made to the chapter which has only relevance to e records

14. Admission can be in form of Electronic Record

15. When oral admission as to content of Electronic Record relevant

16. Statements under special circumstances

17. Statements under special circumstances

18. Expert opinion as to Electronic evidence

19. Opinion as to digital signature

20. Modes of Proof The Electronic record has become a new modes of proof The amended Evidence Act provides in which form electronic record is admissible AND how electronic record is to be proved and also provides cerain presumptions as to electronic records The major change has occurred in this part of the Act

21. Provisions dealing with proof of electronic records Section 59 says all facts except the content of the document or electronic records can be proved by oral evidence Section 65A and 65B provides for admissibility and proof of electronic records Section 67A provides for proof of digital signature Section 73 states proof as to verification of digital signature Section 81A, 85A ,85B,85C,88A,90A provides for the presumptions of certain electronic records

22. Admissibility and proof of electronic records

23. Admissibility and proof of electronic records

24. Admissibility and proof of electronic records

25. Proof of digital signature

26. Proof as to verification of digital signature

27. Presumption as to electronic record five years old

28. Presumption as gazettes in electronic form

29. Electronic records and other chapters of Evidence Act There are no changes in the chapter of burden of proof and the original rules of the Act apply per se to electronic evidence There has been no change in the chapter of competency of witness except adding of the word electronic evidence to certain provisions The rules as to examination of witness remains unchanged and the witness called for proving electronic evidence has to examined alike (the word electronic record is added )

30. Conclusion The electronic evidence is the new species of the evidence that has been added to Evidence Act with the advent of IT Act 2000 In the developing cyber age there is more likelihood that in the coming years this evidence would be the only mode of proving facts The procedure for proving electronic evidence in law evidence is very stringent and overrides the other provisions of the Act

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