Challenges of Digital Evidence Preservation and Integrity in India
By Madhu Vasanth N, School of Law, Christ University, Bangalore*.
Abstract
Digital evidence is playing an increasingly important role in the Indian legal system. However, there are a number of challenges associated with digital evidence preservation and integrity, which can make it difficult to use digital evidence in court. This paper explores the challenges of digital evidence preservation and integrity in India, and discusses some of the ways in which these challenges can be overcome. The paper begins by discussing the volatility of digital evidence, which makes it easily susceptible to alteration or destruction. The paper also discusses the volume and complexity of digital evidence, which can make it difficult to store and manage in a secure and reliable manner. The paper then goes on to discuss the challenges to digital evidence integrity. These challenges include intentional tampering by criminals, accidental corruption by human error or software or hardware failures, and the lack of a robust digital evidence management system. The paper concludes by discussing some of the ways in which the challenges of digital evidence preservation and integrity can be overcome. These steps include having a clear and comprehensive digital evidence preservation policy in place, using appropriate digital evidence preservation tools and techniques, training personnel on the proper collection, preservation, and analysis of digital evidence, and having a robust digital evidence management system in place.
*The author is a BBA LL.B. (Hons.) student at School of Law, Christ University, Bangalore and can be reached out at madhu.n@law.christuniversity.in.
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