to be taken into custody; by this analogy, personal data contained in the devices like laptop, mobile phones and other storage devices which are not related to the offence, remain vulnerable. It is imperative that the state implements proper mechanisms to protect such personal and private information. Current practices concerning the admissibility of evidence are inadequate, posing risk that Courts may rely on untrustworthy evidence or evidence obtained through unlawful means. iv. Evidence Act 2031 (1974) The Evidence Act of Nepal provides general provisions regarding the admissibility and evaluation of evidence in legal proceedings. Section 35, Chapter 6 is dedicated to documentary evidence, grounding the fundamental rules for admissibility. The second Amendment in the Evidence Act of 2020 has made substantive amendments recognizing digital and electronic evidence. Upon amendment, section 2(c) of the Evidence Act has defined the digital or electronic version of a public document defined by prevailing laws as a public document. Furthermore, section 6 provides the things that are assumed by the court which include that the contract or document made by digital or electronic transaction is assumed by the court to be a valid agreement or deed and the transaction done by digital or electronic signature is also assumed to be valid. Section 13A (amended by the second amendment) provides that things that are electronically recorded in audio-visual medium are admissible as evidence. The section further provides that the court may record the audio visual recorded in digital form in the same form or have it scripted thereof. Furthermore, Section 14 of the Evidence Act provides that the details kept in digital and electronic mediums in the course of regular transactions or business is admissible as evidence in court. Section 35 of the Evidence Act provides that the information mentioned in any deed should be justified by submitting the deed thereof. The deed has been further clarified by the section stating that any subject matter recorded in a digital or electronic record and printed or stored in optical or electro-magnetic form or published or re-published is also regarded as the deed. Section 52 of the Evidence Act provides that in case the court needs to confirm the technicality of the issue, the court may call for such expert witness in the court as a witness of the court who is to be provided with an opportunity for cross-examination by the parties. Pursuant to this Act, the expert witnesses play a major role in digital evidence cases by providing their professional opinion and testimony, therefore expert witnesses should stay up-to-date about digital forensics research and literature works and be prepared to defend their methods, findings and conclusions before the court. 15