Adaptiveness of Traditional Judicial Systems to Digital Forms of Evidence

Abstract

“Digital India” scheme announced by current administration initially had many detractors. But with its finger on the correct pulse of Young, Emergent India, much facilitations were provided with the sole aim to bridge technology with the masses. Hence today smart phones, laptops and computers have become house-hold names even in previously inaccessible areas. But on the down-side we also see a severe increase in crimes committed using computers and internet. Technology is an ever-changing phenomenon. It keeps changing, updating and even reviving itself. Crime has parallelly evolved with the evolution of newer technologies and high-end equipments and tool. With the metamorphosis of criminal-activities from physical world to digital realm, a perpetrator can easily plan, execute and accomplish a crime without being actually physically present at the site of crime, thus making it difficult for investigators, law enforcement officials and traditional legal systems completely depending on physical evidence to recognize the real culprit or to determine guilt and decide the degree of punishment. Using a desktop system or a laptop or even a Smartphone, the criminal can exploit the power of internet, Bluetooth ,Wi-Fi technologies , 4G data-transfer speeds and web-servers to execute an unlawful act sitting miles away from the place where the actual crime happens thereafter leaving absolutely no physical trail of the execution of the offence. Under these conditions, it becomes imperative to utilize digital footprints as they are the only way to determine the factuality of execution of an unlawful act and to identify the real culprit. As the guiding principle of IPC goes "Innocent until proven guilty", digital footprints have to be given their rightful due in the existing Judicial system to help in confirming execution of an unlawful act, detecting the actual culprit and determining the amount of punishment. This paper attempts to highlight the significance of digital footprints and usage of the same by the existing Justice Systems to corroborate, attest and substantiate the execution of an unlawful act.