Digital Evidence in Police Investigation: A Comparative Analysis of Challenges Faced in India, the UK and the United States

Abstract

This research explores the challenges posed by the use of digital evidence in criminal investigations, particularly in the context of fair trial and the presumption of innocence. The article identifies three key issues that could compromise the impartiality and presumption of innocence in investigations, namely, improper and inconsistent use of technology, outdated procedural assurances and a lack of reliability testing in practice. The findings highlight the need for legislative intervention, enforcement of standards and implementation of validation procedures for digital evidence to protect innocent individuals and all parties involved in criminal proceedings. The article also examines how digital evidence practices adhere to fair trial standards and how technology-assisted investigations affect criminal procedures. The study draws on data obtained from a project conducted by the Economic and Social Research Council on the application of digital forensics in police forces in England and the United States. The research provides insights into the evolving nature of investigations in connection to the rising demand for digital expertise and the distribution and coordination of related resources in the police forces.