accuracy, confidentiality, and preservation of court proceedings, the Court has developed an ‘e-Court Protocol’.3 1.2 An Overview of Evidence Collection Procedures and Practices in Nepal The collection of digital evidence relies on a set of fundamental principles to maintain its integrity, authenticity, and admissibility in legal proceedings. Firstly, integrity is paramount, requiring that digital evidence remains unaltered throughout the collection and analysis process. Secondly, establishing a clear chain of custody is essential, documenting the handling of evidence from collection to presentation in court to prevent tampering. Authenticity is another crucial aspect, necessitating verification of the evidence's origin and ensuring it hasn't been fabricated or altered. It also denotes the genuineness of something, confirming its true identity and integrity. Specifically concerning documentary materials, authenticity signifies that an entity must preserve both its identity and integrity, remaining unaltered or tampered with from its creation until its utilization as a source of information or submission as evidence.4 Furthermore, digital evidence must be relevant to the case and meet legal standards for admissibility, including reliability and procedural compliance. Privacy and legal compliance are also paramount, requiring adherence to relevant laws and regulations governing data collection and handling. By upholding these principles, digital evidence collection maintains the integrity of legal proceedings while safeguarding the rights and privacy of all parties involved.5 In Nepal, the procedures and protocols for gathering evidence in criminal cases are outlined by the Criminal Procedure Code, 2074 (2017). These guidelines govern the collection, handling, and presentation of evidence by law enforcement authorities. At the initial stage, evidence collection begins at the crime scene, where physical evidence such as fingerprints, Deoxyribonucleic acid (DNA) samples, and weapons are gathered. Witness statements are also recorded to capture pertinent 3 Mark Kersten, Challenges and Opportunities: Audio-Visual Evidence in International Criminal Proceedings Posted on March 4, 2020, cited on https://justiceinconflict.org/2020/03/04/challenges-and-opportunities-audiovisual-evidence-in-international-criminal-proceedings/ 4 Duranti, Luciana, and Allison Stanfield. “Authenticating Electronic Evidence.” Electronic Evidence and Electronic Signatures, edited by Stephen Mason and Daniel Seng, CMB-Combined volume, 5, University of London Press, 2021, pp. 236–78. JSTOR, http://www.jstor.org/stable/j.ctv1vbd28p.13. Accessed 27 Mar. 2024. Digital Evidence and the New Criminal Procedure Author(s): Orin S. Kerr Source: Columbia Law Review , Jan., 2005, Vol. 105, No. 1 (Jan., 2005), pp. 279-318 Published by: Columbia Law Review Association, Inc. Stable URL: https://www.jstor.org/stable/4099310 5 6