5. INTERNATIONAL PRACTICES ON RECOGNITION AND REALIZATION OF DIGITAL EVIDENCE Digital evidence plays a crucial role in criminal investigations and prosecutions across various Asian countries, as highlighted in a research report commissioned by the International Criminal Police Organisation and conducted by The University of Hong Kong.35 i. Bangladesh: In Bangladesh, case law recognizes video and audio recorded evidence as falling within the definition of “document” under the Evidence Act (1872). The Speedy Trial Tribunal Act expressly admits electronically recorded evidence, but the court cannot convict the accused on this evidence alone. The Information and Communication Technology Act (2006) (ICTAB) and the Digital Security Act (2018) (DSAB) were enacted to address cybercrime in Bangladesh. The ICTAB clarifies that a statement recorded digitally in electronic form qualifies as a written statement under the Evidence Act. The DSAB put in place procedures to regulate the forensic investigation of digital evidence. The Cyber Tribunal, created by the ICTAB, can admit “forensic evidence” obtained or collected under the DSAB. ii. Bhutan: The definition of “evidence” in Bhutan’s Evidence Act (2005) includes electronic documents and records. The court may decline to admit an electronic document if a genuine question is raised as to the security or integrity of the electronic document system used to record or store the document. Though hearsay evidence is inadmissible, the court has wide discretionary powers to admit hearsay. The Information, Communications and Media Act (2018) confers legal recognition on data messages and electronic documents. iii. Brunei: In Brunei’s Evidence Act (2014 edition) the definition of “document” includes any matter recorded, stored, processed, retrieved, or produced by a computer. Though hearsay evidence is inadmissible, both the Evidence Act and the Computer Misuse Act (2007 edition) allow for the admission of statements produced by a computer to prove the truth of the contents, under certain conditions. In assessing the weight to be given to a document produced by a computer, the court should consider all of the circumstances, including whether the information was supplied to the computer contemporaneously with 35 Interpol, The Use of Digital Evidence in Prosecution in Asia, A Comparative Study on the laws and policies governing the admissibility and use of digital evidence in criminal proceedings in Bangladesh, Bhutan, Brunei, Cambodia, Maldives, Mongolia, Nepal, Srilanka and Vietnam 26