What is Digital Evidence and the Nature of Digital Evidence

Digital evidence or electronic evidence is “any probative information stored or transmitted in digital form that a party to a court case may use at trial”. Section 79A of IT (Amendment) Act, 2008 defines electronic form evidence as “any information of probative value that is either stored or transmitted in electronic form and includes computer evidence, digital audio, digital video, cell phones, digital fax machines”.

The main characteristics of digital evidence are, it is latent as fingerprints and DNA, can transcend national borders with ease and speed, highly fragile and can be easily altered, damaged, or destroyed and also time sensitive. For this reason,special precautions should be taken to document, collect, preserve, and examine this type of evidence. When dealing with digital evidence, the principles that should be applied are, actions taken to secure and collect digital evidence should not change that evidence; persons conducting the examination of digital evidence should be trained for this purpose and activity relating to the seizure, examination, storage, or transfer of digital evidence should be fully documented, preserved, and available for review.