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Himanshu Gupta,
Chander Prabhu Jain College of Higher Studies & School of Law
INTRODUCTION
Evidence can be defined as a substantive piece of information or any object used by the courts to a ascertain fact or case. It is always stated that the law is blind and only believes in evidence, which shows the importance that evidence carries in determining the outcome of a matter. There are certain rules which determine whether the evidence is admissible or not in court. Evidence can be of various types, like circumstantial, conclusive, etc.
Evidence since historical period has always played a major role in deciding the outcome of any dispute. Evidence is anything that is used by the disputing parties to prove or disprove a fact. It can be used to establish connection between different things, support/refuse the allegations made, etc. It is used in both civil and criminal matters. Historically, the methods to collect and preserve the evidences were not that efficient, which eventually resulted in the tampering of the evidences and ultimately leading to failure of justice. As time passed, there were various technological development leading to an evolution in the methods of collecting and preserving the evidences.
With the passage of time, more and more types of evidence are becoming admissible, like electronic evidence, and the development of technology has played a major role in this revolution. Presenting the right evidence is as important as courts do not ascertain facts without relevant evidences.
TYPES OF EVIDENCE
Evidence plays a major role in investigating the crime scene and helps the authorities to deliver justice to the affected party in the most effective manner. With the advancement of forensics, it has become easier to trace evidence. There are several types of evidence that are admissible in courts, but its main strength lies in its reliability. Some key types are: -
● DOCUMENTARY EVIDENCE
Documentary evidence is considered to be both a primary and secondary source of evidence depending upon its nature under The Indian Evidence Act, 1872. It can be termed one of the most reliable types of evidence. It includes any type of recorded or written evidence, such as videos, mail or documents.
● DIRECT EVIDENCE
Direct evidence is a type of evidence that helps in determining a fact directly without any unnecessary doubt. It is a clear and precise form of evidence that establishes a direct link between the issues raised. Direct evidence can be in various forms, such as eyewitness testimony, CCTV footage, photographs, confessions, documents, etc.
● CIRCUMSTANTIAL EVIDENCE
Circumstantial evidence can be defined as a piece of evidence that does not prove a fact directly, but a substantial inference can be made by it. It can be judged from various other factors like motive/intention, behaviour or action, hostile statements, relationships, etc. All these factors can help the court make an inference out of it.
● EXPERT EVIDENCE
Expert evidence includes the opinions of experts on certain matters, like fingerprint experts, handwriting experts, forensic experts, etc. These types of evidence help the court draw a reliable inference from them. It is also referred to as expert testimony. To become an expert, you need to have specialized knowledge of that particular field. The field/issue should be such that it is beyond the knowledge of the court.
● HEARSAY EVIDENCE
Hearsay evidence carries very little reliability by itself and is not admissible in most cases. It can be termed as a piece of information given by a witness that he didn’t saw but heard it from someone else. It is also referred to as an out-of-court statement produced to prove or disprove a fact. Hearsay evidence also lacks the opportunity for cross-examination, which further reduces its reliability.
● CORROBORATED EVIDENCE
Corroborated evidence is also termed as supportive evidence, i.e., it is used to prove/support some other evidence. It is a collection of various facts and information that helps strengthen the primary/main evidence. Such evidence can be derived from multiple sources and can be used to increase reliability.
In Bhimsha Subanna Pawar v. State of Maharashtra, the victim and his wife while travelling when got down from the bus. The 6 (six) accused emerged and started beating the victims with iron rods, and when the wife shouted for help, she was also beaten. The victim sustained injuries and died. The wife, along with a witness, travelled back to their village on foot and lodged an F.I.R. Whether to take into account the situations in which the Court lacks the independent evidence which is not available necessary to proceed with the conviction of the accused.The Supreme Court stated that due to the lack of corroborating evidence, the court has determined that it must carefully assess the credibility of the police officer's testimony to determine whether or not the accused is guilty. It would be reasonable and prudent to accept the inspector's uncontradicted account of the discovery of the weapons in question to establish a reliable link pointing toward the defendant's guilt, given that the discovery of assault weapons corroborated the defendant's account and there was no evidence to suggest that the inspector was biased against the defendant.
● TESTIMONIAL EVIDENCE
Testimonial evidences include what the witness saw and spoke under the oath in the courtroom. Its admissibility depends on how reliable the witness is in the eyes of court. The statement of testimonial evidence plays a major role in the court proceedings as it is treated as direct evidence. These statements are also thoroughly scrutinized by the opposite party during cross-examination.
ROLE OF TECHNOLOGY IN EVIDENCE COLLECTION
With the passage of time, there has been a significant advancement in the field of forensics. The accuracy and reliability on the results of forensics are also advancing to perfection. Forensics preserves a very wider scope for future improvements and help the investigating agencies to reach to a conclusion effectively. The new advanced technology helps the investigating authorities to make the best outcome from it. The reliability and admissibility of the technology is also very high. It increases the overall efficiency of the process making it more secure and accessible. Tampering or destroying of evidences was also a great concern that used to affect the system of justice but with the digitalization of preservation and collection methods, it has become difficult for anyone to undertake such acts. Some key branches of forensics are: -
● BIOMETRICS AND DNA ANALYSIS
It can be considered as one of the greatest discoveries of science, where the scope of incorrectness is almost negligible and helps the courts and authorities to determine the wrongdoer. Biometrics and DNA analysis have played a major role in shaping the process of investigation. These reports provide conclusive evidence for the investigating authorities. This includes DNA profiling, facial scanning and recognition, fingerprint analysis, etc. There has been an extensive increase in the use of these techniques by the investigating authorities to conclude the investigation, as they are reliable as well as admissible by the court.
● MONITORING AND SURVEILLANCE
Nowadays, CCTV cameras, drones, body worn cameras, etc. are used to gather evidence. It works as a substantive piece of evidence against the accused, leaving no scope for cross-questioning. Drones can be of great use to search and surveil large areas, crowds or access places where being physically present is restricted.
● DIGITAL FORENSICS
Digital forensics has started playing a vital role in collecting the evidence. As cybercrimes are increasing rapidly, the need to develop digital forensics to catch the accused is also increasing. Digital forensics can be used to recover deleted data, track cyber-attacks, recover corrupted data from devices, and analyse cyber fraud.
ADVANCED INVESTIGATING METHODOLOGY
There are various advanced methods used to investigate the crime scene to gather the evidence in the purest form as possible to prevent tampering of evidence and increasing its reliability. Some of the methods are: -
● USING LIDAR DRONES
The use of advanced drones in large areas can benefit the search operation and also provide information about the terrain and topographical map. These drones can be used in areas where being physically present can be challenging.
● PHOTOGRAMMETRY
Photogrammetry is used by the authorities to convert photographs into 3D models. It can be useful for analysing the crime scenes by recreating the scene for better understanding.
● 3D LASER SCANNING
3D laser scanning is a piece of hi-tech technology used to create virtual 3D models at crime scenes without tampering the original physical evidence.
ROLE OF TECHNOLOGY IN EVIDENCE PRESERVATION
● EVIDENCE MANAGEMENT SYSTEM
With the advancement of technology, evidence management systems have also developed to a great extent. With the introduction of: -
CLOUD BASED STORAGE
It can be used to access the data safely and securely in an online cloud space, making it a reliable storage solution for digital evidence. It helps in increasing the efficiency of the investigating authorities and reduces the chances of tampering with evidence.
BARCODING THE DOCUMENTS
Barcoding the documents makes tracking of the physical documents/evidence more efficient and helps in reducing errors. It also saves time while checking the old records or while maintaining them.
● DATA ENCRYPTION
Data encryption means adding layers of security to preserve the sensitive information. It has helped greatly to safeguard the digital evidence from cyber-attacks and going into the hands of unauthorized personnel who can use this information in a mala fide way.
● USING BLOCKCHAIN TECHNOLOGY
The use of blockchain technology helps prevent evidence from getting tampered with as it is difficult to trace through unauthorized means, but on the other hand, authorized personnel get better security and transparency.
● AUTOMATED BACKUPS
No matter how advanced the technology is, there is always a chance for data loss due to system failure, cyber-attacks, etc., and to prevent the loss of precious information, data is stored in such a way that multiple copies exist of that particular evidence.
● DISASTER RECOVERY PLANS
The technology is designed in such a way that even during natural disasters or any other disaster, such as cyberwars, the date is safe and secure at the authorized place. Unlike physical evidence, which may get destroyed during such a natural disaster, its recovery is out of the question.
BENEFITS OF TECHNOLOGY
● INCREASED ACCURACY
The more use of technology and less use of human intervention reduces the chances of human errors and increase the reliability and admissibility of the evidence. As, the accuracy of the evidence matters the most in court, it becomes important to maintain the highest level of accuracy possible.
● INCREASED ACCESSIBILITY
The use of cloud storage for storing the evidence increases the overall accessibility of that evidence for authorized personnel, as that evidence can be accessed at any remote place. This also reduces the burden of carrying the physical evidence.
● ENHANCED COLLABORATION
As the flow of information is made more accessible, it also helps in enhancing the collaborations between the different agencies and departments of the investigating authority, and as the flow of information between the departments is fluid, it also increases the efficiency of working.
● HELPS IN INTERPRETATION
All the evidence stored in one place gives a better understanding, and the specifically designed software helps in easy interpretation. It also helps in analysing the large sample of data efficiently and providing insights that, if done manually, won’t be possible.
● COST-EFFECTIVENESS
The use of technology may increase the one-time cost to develop the software and everything but in a long run, manual labour will cost more. Even if the cost is similar there can be seen a significant gap between the efficiency of the both.
CHALLENGES
● HAMPERS PRIVACY
In India, there are several privacy laws that protect the privacy of citizens, and strict surveillance over them will hamper their rights. So, maintaining a healthy balance between the two can be a challenging affair. Also, ensuring that the use of technologies is done in compliance with the laid rules and regulations makes it more hectic.
● QUESTION OF RELIABILITY
The rapidly evolving and developing technology also encourages the question on the amount of reliability of the new technology and should it be admissible in the court or not. The accuracy of new technology is also always questionable.
● DATA SECURITY
The use of unethical practices like hacking/cyber-attacks, etc makes it challenging for the authorities to safeguard the sensitive information from going into wrong hands. If such sensitive information is leaked then it can a threat to a nation security too.
● CONTINOUS EVOLVING
Rapidly changing technology may seem fascinating but it comes with the need to rapidly evolve the skills and knowledge which is required to use that technology. It is challenging to keep up the pace with the evolving technology. It will also lead to increase in the cost of training the employees so they can acquire the required skill set.
CONCLUSION
Introduction of advanced technology has made the work easier for the investigating authorities and it is still growing rapidly with new innovation and researches going on around the world. The scope for development is remarkable. With the change of time, it is important to change the methods otherwise it will be challenging to overcome crimes.
Nowadays, the traces can be found more easily through digital means as people have started living more online then in real world. So, to trace the digital footprints it is important to make new innovations in this field. It is also useful to prevent the nation from cyber-attacks by building a strong encryption layer.
The field of digital forensics has emerged smoothly into the working of investigating authorities and is adapted widely. The use of advanced tools like data analysis, DNA analysis, digital forensics, etc. have revolutionized our criminal justice system. However, it also brings some challenges like privacy concerns, question of data integrity, cyber-attack threats, etc.
Ultimately, it depends on the management if done wisely can positively affect our justice system and increase the efficiency of investigation authorities and courts.
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