Nyayags

DIGITAL FORENSICS AND LEGAL ASPECTS

Well, first of all as a student of Forensic science I just want to describe what is Forensic Science. So, Forensic science is one of the multidisciplinary fields that plays an important role in criminal justice system. Forensic science is the application of scientific knowledge to solve cases in to aid in the administration of justice. In other words, we can say that court of law. Forensic science involves the application of scientific principles and techniques to gather, analyse, evaluate and interpret evidence in criminal investigations and court proceedings.

Forensic term derived from Latin term ‘Forensis’ which means before the forum. The ideal of forensic science is Sir Arthur Canon Doyle.

Forensic science encompasses the basic scientific disciplines such as physics, chemistry, biology and their derived subjects such as medicine, toxicology, anthropology, serology, odontology, digital forensics etc. Each of these disciplines plays a unique role in helping investigators and legal professionals to solve complex cases. In addition to all these subjects there are some branches which have been developed exclusively for the forensic applications. They are ballistics, fingerprints, questioned documents, serology, voice analysis, psychology or narco analysis, DNA profiling etc.

Now, as our topic is digital forensic and legal aspect, we will go in deep with that. In the evolving scene of technology, digital forensics has emerged as a crucial and an important component in the legal or justice delivery system. Digital Forensic, also known as Computer Forensics. It is a discipline that involves the collection, preservation, analysis and interpreting of digital evidence to solve cyber-crimes. This article explores into the active intersection of digital forensics and legal aspects and highlight its growing importance.

THE PERVASIVENESS OF DIGITAL EVIDENCE: –

In the digital world, electronic devices and online platforms have become integral to both everyday and criminal activities. This day-by-day increment has led in digital crime as well as in digital evidence, ranging from emails and text message to social media posts and computer files. Digital forensic has approached as a significant tool to extract, analyse, and present these evidences to the court.

Digital forensics covers a broad range of activities and methodologies including:

  1. Data Recovery: – To recover the data from the electronic devices, even if it has been deleted, the experts in digital forensics use specialised tools. This can include documents, emails, images, and more.

  2. Evidence Preservation: – As we all know that ensuring the integrity of digital evidence is crucial part of investigation. chain of custody procedures and the use of write blocking hardware or software prevent data tampering during the investigation.

  3. Data analysis: – Experts of digital forensics analyse the extracted data to identify relevant information.

  4. Presentation in court: – One of the primary roles of digital forensic is presenting findings as evidence in the criminal justice system. Expert witnesses explain the methods used and the significance of the evidence.

  5. Criminal and civil cases: – Digital forensic is not limited to the criminal investigations; it is also used in the civil cases, such as intellectual property disputes, fraud investigations, and e-discovery in law.

THE LEGAL ASPECTS OF DIGITAL FORENSICS: –

Digital forensic is deeply connected with the legal systems and is subject to a range of legal aspects and challenges:

  1. Admissibility of evidence

  2. Privacy concerns

  3. Chain of custody

  4. Expert witness testimony

THE GROWING IMPORTANCE OF DIGITAL FORENSICS:

  1. Rise in cybercrime: – The flow in cybercrime, including hacking, identity theft, and all online fraud like phishing, DOS and DDOS attack, bank fraud, etc has increased the demand for the digital forensic experts.

  2. E-Discovery: – It means electronic discovery. In the legal field, electronic discovery has become a standard and significant practice. It involves identifying, collecting, and producing electronic documents as evidence in justice delivery system.

  3. Complex Investigations: – From white collar crime to terrorism cases, it involves digital evidence. This is new challenge for the law enforcement agencies and legal professionals.

  4. Potential Data Growth: – The volume of the digital evidence and electronic data generated daily. Therefore, need of advances tools and technology to amazing and preserving evidence will be increased.

CHALLENGES AND ONGOING DEVELOPMENTS: –

Digital forensics is not without its challenges. It concludes 1. Technological advancements: digital forensics and techniques must keep pace to handle new device, applications, and data encryption. 2. Privacy concerns: It’s ongoing debate to striking right balance between law enforcement needs and individual privacy. 3. Training and Expertise: The demand for skilled digital forensic professionals is on the rise. Law enforcement agencies and legal firms need to invest in training and technology.

In conclusion, digital forensic is very dynamic field at the technology and law enforcement. It plays an important role in the legal law and justice delivery system by analysing electronic evidence, ensuring its integrity, and presenting the evidence in the court.

 

Janki Kacha
PhD RESEARCH SCHOLAR 
DEPARTMENT OF BIOCHEMISTRY AND FORENSIC SCIENCE
GUJARAT UNIVERSITY, AHMEDABAD
Toggle Dark Mode