ISSN(Print): 2709-6254 | ISSN(Online) : 2709-6262 | ISSN-L : 2709-6254

Title

Legal Aspects of Evidence Collected by Modern Devices: A Case Study


Authors

  1. Muhammad Hassan Zia
    Assistant Professor, Department of Law, University of the Punjab Gujranwala Campus, Gujranwala, Punjab, Pakistan
  2. Alvina Ali
    Visiting Lecturer, Department of Law, University of the Punjab, Gujranwala Campus, Gujranwala, Punjab, Pakistan

Abstract

This paper is a qualitative research of different case laws dealing with modern technological evidence. Courts were required to adopt new methods, techniques and devices obtained through advancement of science without affecting the original intention of law. Because of modern technology, a benefit could be taken from said technology to preserve evidences and to assist proceedings of the Court in the dispensation of justice in modern times. Owing to the scientific and technological advancements the admissibility of audio and visual proofs has grown doubtful. No doubt modern evidence assist the court in reaching out to the just decision but at the same time certain criteria need to be laid down which must be satisfied to consider such evidence admissible. Different Case laws are discussed here to show how the cases were resolved on the basis of technological evidence and when and why such evidence have been rejected by the court, if it did. Moreover, legal practices developed in various countries allow our Courts to record evidence through video conferencing. The Honorable Supreme Court of Pakistan directed that in appropriate cases statement of juvenile rape victims and other cases of sensitive nature must be recorded through video conferencing to avoid inconvenience for them to come to the Court. Nevertheless, it has some problems. The most important among them is the identification of the witness and an assurance that he is not being prompted when his statement is recorded. In this paper protocols that are necessary to follow while examining witness through video link are discussed

Page Numers

286-297

Keywords

DNA Profiling, Finger Prints, , Telephone Calls, Video Tape

Article

Article # 25
Volume # 2
Issue # 4

DOI info

DOI Number: 10.47205/jdss.2021(2-IV)25
DOI Link: http://doi.org/10.47205/jdss.2021(2-IV)25

Download

download pdf Creative Commons License

Citation Formats

ABNT   APA   BibTex   MLA   Oxford   Harvard   Chicago   Turabian   AAA   MHRA