1. INTRODUCTION
1.1 Historical Perspective
Digital evidence has emerged as a crucial component in the investigation and prosecution of various
criminal activities. Crimes previously conducted through traditional mediums, such as physical
documents or verbal communication, are now being perpetrated using digital devices. For instance,
defamation, once accomplished through spoken word or printed materials, now often occurs through
social media platforms and electronic communication. Similarly, corruption, previously involving
alteration of physical records, has evolved into manipulation of data within digital databases.
Moreover, the misappropriation of funds within banking institutions, once carried out through manual
alteration of records in physical files and other tangible mediums, has now transitioned to electronic
means. With the shift in methods and the prevalence of electronic devices in criminal activities,
evidence trails primarily exist in digital formats, underscoring the need for effective governance of
digital evidence.
With the pivotal role of digital evidence in the criminal investigation process, concerns have arisen
regarding its admissibility, credibility, and reliability. Fundamental to evidence law is the requirement
to present the best evidence in court. This entails providing evidence that is not only admissible but
also credible and trustworthy, without raising doubts regarding the accused or the allegations against
them. Technological advancements have facilitated the utilization of diverse digital techniques in
presenting evidence to courts. Digital evidence has been utilized across various domains, including log
analysis, database, log trials, audio enhancement, photograph enhancement, forensic video analysis,
and the digital enhancement of latent fingerprints.
The legal value of digital evidence in court is significant and continues to grow with the increasing
reliance on digital technologies in everyday life. Digital evidence encompasses various forms of
electronic data, including emails, text messages, social media posts, photos, videos, computer files, and
electronic transactions. The admissibility and weight given to digital evidence in court depend on
several factors, including its relevance, authenticity, reliability, and compliance with legal standards and
procedures. When properly collected, preserved, and presented, digital evidence can be highly
persuasive and influential in proving or disproving facts in dispute.
Courts increasingly recognize the importance of digital evidence in modern litigation and criminal
proceedings, often relying on it to establish timelines, corroborate witness testimony, demonstrate
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