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.
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