7. RECOMMENDATIONS
While Nepal has made strides in recognizing and incorporating digital evidence into its legal system
and practices, there are significant challenges to address. By adopting these recommendations and
continually adapting to technological advancements and global best practices, Nepal can strengthen
its legal framework, enhance the credibility and admissibility of digital evidence, and ensure justice,
fairness, rule of law and respect for individuals' rights in its legal system. The prominent problems
faced by individuals under investigation include violation of their personal privacy, unreasonable
seizure of not only their personal devices but also their personal data, obstacles in getting back their
personal devices after completion of investigations etc.
Establish Clear Guidelines and Protocols
It is a dire necessity to develop comprehensive and clear statutory guidelines specifically tailored to
the collection, handling, and examination of digital evidence. There is also a requirement of
implementation of standardized protocols to ensure consistent and lawful procedures are followed by
law enforcement officials during the seizure, examination, and storage of digital devices and data. A
robust mechanism considering the societal situation and existing challenges should be developed for
ensuring a lawful and just process of collection, examination, admission and evaluation of digital
evidence where a proper chain of command exists throughout investigative and judicial processes so
that every individual feels safe in the hands of the judicial system.
Chain of Custody Protocols
It is recommended to implement strict protocols for maintaining the chain of custody of digital
evidence from collection to presentation in court. This includes documenting every step of evidence
handling, storage, and access to prevent tampering and ensure its integrity. The person deriving the
digital evidence should be of specific qualification and designation that is capable of maintaining the
chain of custody. The prevailing guidelines applicable to forensic labs and law enforcement only cover
the chain of custody of digital evidence during their examination process; however, chain of custody
should be maintained throughout the judicial process and inside the courts as well to protect the
integrity and confidentiality of personal data.
Mandatory Judicial Oversight
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