A bill seeking the admissibility of digital evidences during any court trial was placed in the Parliament on Wednesday.
The ‘Evidence (Amendment) Bill, 2022’ incorporating the admissibility of digital evidences by the court was introduced by Law Minister Anisul Huq
It was then sent to the relevant standing committee for further examination and submits its report within 30 days.
The digital evidences will be accepted once the bill is passed into a law.
Evidence, documents and such other things were coming online after the inception of digital or online trials of cases amid the Covid-19 pandemic. There is nothing directly mentioned about online or digital evidences in the existing Evidence Act.
With the existing law, many legal complicacies might appear if any aggrieved person files a petition with the higher court, challenging the verdict of the lower court in case of acceptance of digital evidence or documents.
In the draft law, a provision was kept for making forensic examination of digital evidence.
If the court thinks necessary or any party of the case doubts about the authenticity of such evidence, these can be gone through forensic examination.
Sufficient laboratories are there in the country for forensic examination of digital evidence and BCC has also very high technology in this regard.
The government might spread the laboratories and technology to convenient places of the country for the sake of submission of digital evidence.
The submission of false or manipulated evidence would be punished as per the laws concerned.
If anyone twists (tampers) evidence, the persons will be dealt with as per the section 211 of the Penal Code or the section 57 of the Digital Act.
The proposed law said that in a prosecution for an offence of rape or attempt to rape, no question can be asked in the cross-examination as to general immoral character or previous sexual behaviour of the victim.
It also mentioned that such question can only be asked with the permission of the court necessary in the interest of justice.
According to the proposed law, digital record or electronic record means any record or information generated, prepared, sent, received or stored in magnetic, electro-magnetic, optical or micro films, computer memory, computer-generated microfiche including audio, video, DVD, CCTV footage, drone data and records from cell phone, hardware, software or any other digital device as defined in Digital Security Act, 2018.
Besides, finger, palm and iris impressions and digital footprints, signatures and certificates will also be admissible as evidence before a court.