Abstract

Most democratic nations build their legal systems on the idea that a person is innocent until proven guilty. The prosecution is responsible for establishing the accused's guilt beyond a reasonable doubt. Law, science, and technology are all dynamic and evolving with the advancement of society. Evidence is an essential component of every legal system in the administration of civil and criminal justice. We practically cannot survive without utilising digital devices in this digital age. It supports both domestic and international communication. Even the transactions, way of life, and employment of the majority of people now require technological devices. E-commerce, digital information storage, and reliance on electronic forms of communication are all growing quickly worldwide. Regulations governing information technology and the use of digital evidence in both civil and criminal actions have developed as a result. E-evidence includes things like emails, digital pictures, ATM transaction records, papers, instant messaging histories, GPS tracks, digital video and audio files, and other kinds of digital data. These kinds of proof are potentially more expressive, more difficult to alter, and simple to copy. So, Conflicts and criminal activity are unavoidable in our technological age. Using case laws and elucidations from India and the United States of America, this study attempts to analyse the laws governing digital evidence, its admission, and the significance and issues related to its admissibility. Finally, the precautions and practices that the Indian judiciary must implement while managing electronic evidence.

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