Decoding Digital Dilemmas: Justice Dangre's Call for Enhanced E-Evidence Appraisal

Justice Bharati Dangre of the Bombay High Court has shed light on pressing challenges faced by courts and investigative agencies in appreciating electronic evidence in criminal trials, even 25 years after the enactment of the Information Technology Act. Speaking at a forensic evidence workshop near Panaji, she emphasized the pivotal role electronic evidence plays, urging for a deeper legal engagement to overcome hurdles.

Justice Dangre detailed the ongoing complexity electronic records introduced to the legal system, even as traditional concepts of primary and secondary evidence were being understood under the Evidence Act. She highlighted that despite legal interoperability efforts through amendments, struggles persist in truly appreciating and leveraging electronic evidence, necessitating careful handling and validation, such as through Section 65B certifications.

She warned about the advanced tactics criminals employ in cybercrimes, often outpacing law enforcement. Citing popular media and data on low detection rates, Justice Dangre underscored the need for smarter, more technically-equipped legal and enforcement systems to effectively combat digital crimes and ensure justice.

(With inputs from agencies.)