Legal status of biological evidence
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Electronic evidence is such evidence that is available because of modern technology and electronic devices. Electronic evidence is admissible in Pakistan under the provisions of QSO, 1984 and ETO 2002. A body of judicial precedents exists to circumvent ambiguities relating to it and its admissibility in law. . Judicially have welcomed the use and reliance on digital evidence in concluded cases and anouncing judgements.
The law on evidence in Pakistan is set out in the Qanun-e-Shahadat Order, 1984 which is the primary document pertaining to rules of evidence. . It governs the law related to the evidence in all Courts across Pakistan. Electronic Transaction Ordinance, 2002 is also an important law recognizing the legality of electronic and digital medium. Article 164 of QSO has paved the way for admissibility of evidence available through modern devices and techniques. The scope of Article 164 has been explained in many precedents given by the Apex Court as well as the High Courts. However, a legal lacuna exists due to a lack of rules and regulations on the preservation, collection, storage, and extraction processes and techniques for electronic evidence such that its credibility is not compromised. This requires an assessment as well as modeling on laws around the world on this subject and development of an exhaustive and detailed legislation setting out the processes required for collecting and preserving electronic/digital evidence.
Guidelines should be framed for the checks on integrity, reliability and authenticity of electronic/digital evidence. Teams of experts able to collect and preserve such evidence should be introduced in our policing
That means this is a case cannot be decided on the basis of experts evidence alone (in the absence of other primary pieces of evidence, such as oral proffinaly of offender).
Properly collected, prevent The availability of a legal framework for admissibility of forensic evidence in porn offences does not mean that the forensic evidence has been awarded its due role in the investigation of crime's
The criminal justice system, especially its lower tier in Sindh, is not delivering much at the grassroots level. forensic laboratories to deal efficiently with it. The issues have been faced by the police in gathering crime scene Investigator forensic evidence are related to its collection, preservation, transportation, analysis and interpretation. Convictions may this be a based on use of modern forensic techniques. Over the Weekend the DNA test has come to be recognized as relevant to the crime scene Investigatory of forensic files
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