The document discusses digital evidence and computer forensics. It notes that cyber criminals leave behind evidence just like other criminals. Computer forensics is needed to collect and interpret digital evidence from computers and other electronic devices. Evidence can be collected from individual computers and websites accessed, as well as server logs from internet service providers. The Indian Evidence Act was amended to include electronic records as a type of admissible evidence, and it outlines how electronic records can be authenticated and proven in court, such as through digital signatures and presumptions regarding electronic records over five years old.

1. DIGITAL EVIDENCE
Dr. Rajesh G. Patil
Associate Professor
Dr P.D College of Law
Amravati

2. Introduction
• The nature of cyber crime is complex
• A computer could be referred to as a victim of
crime or weapon of the offence
• It begins with the unauthorized access of the
computer
• This access could be physical or virtual
• The weapons of the crimes are sophisticated
technological tools

3. Introduction
• As every criminal leaves behind evidence at the
scene of the crime a cyber criminal does the same
• The only requirement is ways and means to collect
and interpret the digital evidence
• Here comes the need of computer forensics
• Computer forensics is the branch of digital forensics
pertaining to evidence found in computers etc..

4. Collection of Digital Evidence
• There are two levels at which the evidence of Internet
usage exists
1. Individual Level…on
-the individuals own computer
-website accessed by individual using his computer
2. ISP Level
-on the servers of individual ISP

5. Collecting Evidence@ individual Level

6. Collecting data at ISP Level

7. Forensic Techniques

8. Admissibility of electronic records
• Electronic evidence nowadays has become important
evidence in cyber and other crimes
• It may take form of cctv camera footage, computer records,
whatspp and face-book messages, emails records, etc
• The collection and preservation of digital evidence is a
technical concept and needs experts as seen
• However its admissibility and proof before the courts
requires legal framework and

9. Indian Evidence Act (an overview)
• Indian evidence act provides the mode and manner in which
evidence is to be given before the court..
• It provides a mechanism as to giving evidence by prescribing that
1. Only facts in issue and relevant facts can be proved(3-55)
2. These facts can be proved only in prescribed modes(56-100)
3. The rules as to burden of proof(101-117)
4. The rules as to competency of witness( 118-134)
5. The principles as to examination of witness(135-165)
We follow such a model of Law of evidence where we cannot go
beyond what is stated in the above rules

10. Indian Evidence Act and Digital Evidence
• With the advent of IT Act 2000 certain amendments
were made to Indian Evidence Act
• In order to check admissibility and proof of digital
records one needs to revisit the entire mechanism
• All the norms as discussed earlier has to keep in
mind while proving a electronic record

11. Definition of term evidence(s/3)
• The very first significant change which is made by IT act
2000 is the change in the definition of Evidence
• The original definition contained only oral and
documentary as evidence
• But now the term electronic record has been added to
the definition
• So now electronic records stands as evidence as a mode
of proof for facts in Issue and relevant facts

12. Definition of term evidence(s/3)

13. Changes in the chapter of Relevancy of
Facts
• The evidence can be given only of facts in issue and relevant
facts
• The emergence of electronic evidence has not affected this
part at all
• The facts in issue and relevant facts which could already be
proved by oral and documentary evidence can now be
proved by electronic evidence
• But some changes have been made to the chapter which has
only relevance to e records

14. Admission can be in form of Electronic Record

15. When oral admission as to content of
Electronic Record relevant

16. Statements under special circumstances

17. Statements under special circumstances

18. Expert opinion as to Electronic evidence

19. Opinion as to digital signature

20. Modes of Proof
1. The Electronic record has become a new modes of
proof
2. The amended Evidence Act provides in which form
electronic record is admissible
3. AND how electronic record is to be proved and also
provides cerain presumptions as to electronic records
4. The major change has occurred in this part of the Act

21. Provisions dealing with proof of electronic
records
1. Section 59 says all facts except the content of the document
or electronic records can be proved by oral evidence
2. Section 65A and 65B provides for admissibility and proof
of electronic records
3. Section 67A provides for proof of digital signature
4. Section 73 states proof as to verification of digital signature
5. Section 81A, 85A ,85B,85C,88A,90A provides for the
presumptions of certain electronic records

22. Admissibility and proof of electronic records

23. Admissibility and proof of electronic records

24. Admissibility and proof of electronic records

25. Proof of digital signature

26. Proof as to verification of digital signature

27. Presumption as to electronic record five
years old

28. Presumption as gazettes in electronic form

29. Electronic records and other chapters of
Evidence Act
• There are no changes in the chapter of burden of proof and
the original rules of the Act apply per se to electronic
evidence
• There has been no change in the chapter of competency of
witness except adding of the word electronic evidence to
certain provisions
• The rules as to examination of witness remains unchanged
and the witness called for proving electronic evidence has to
examined alike (the word electronic record is added )

30. Conclusion
• The electronic evidence is the new species of the evidence
that has been added to Evidence Act with the advent of IT Act
2000
• In the developing cyber age there is more likelihood that in
the coming years this evidence would be the only mode of
proving facts
• The procedure for proving electronic evidence in law
evidence is very stringent and overrides the other provisions
of the Act

31. •THANK YOU