information related to the crime. Additionally, forensic experts may analyze physical evidence for further insight. With the rise in technological advancements, electronic evidence, such as data from computers and mobile phones, is increasingly prominent and subject to specialized forensic examination. For digital evidence to be admissible in court, it must be collected effectively, maintained with a proper chain of custody by the investigating authority, and transferred to the court under secure and established procedures. This ensures the evidence's integrity and credibility are preserved throughout the process. It is imperative to maintain the chain of custody of collected evidence to ensure its integrity and admissibility in court. All evidence collection processes must adhere to legal standards and protocols to safeguard the rights of the accused. In cases involving transnational crimes, Nepal may seek international cooperation through diplomatic channels or mutual legal assistance treaties. Admissibility of evidence from other countries hinges on its legality, compliance with international agreements, and relevance to the case. Overall, the procedures of evidence collection in Nepal are designed to uphold justice while respecting the rights of all parties involved. 1.3 Importance of Chain of Custody and Governance of Digital Evidence The concept of continuity of custody, also known as the chain of evidence, is crucial to consider, particularly concerning electronic evidence. Electronic evidence is susceptible to alteration, necessitating a demonstration of its integrity and ensuring it hasn't been tampered with since its acquisition or copying. It's essential to meticulously document the custody of electronic evidence, especially in cases involving multiple hardware items and computers, to establish a clear link between the hardware and the copied evidence. This documentation should include details such as who collected the evidence, how and where it was collected, who took possession of it, storage procedures, protections while in storage, and records of anyone accessing the evidence and reasons for doing so. Given the prevalence of online storage and services, managing access and custody of records before they become evidence is also important, especially when cryptographic safeguards are impractical.6 In context of Nepal, cryptographic safeguards become impractical due to lack of technical resources and complexity of related tools, there are inoperability issues when technologies become incompatible and 6 Wilson, Nigel, et al. “Proof: The Technical Collection and Examination of Electronic Evidence.” Electronic Evidence and Electronic Signatures, edited by Stephen Mason and Daniel Seng, CMB-Combined volume, 5, University of London Press, 2021, pp. 429–87. JSTOR, http://www.jstor.org/stable/j.ctv1vbd28p.16. Accessed 27 Mar. 2024. 7

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