Digital Evidence in Police Investigation: A Comparative Analysis of Challenges Faced in India, the UK and the United States
| Published date | 01 October 2023 |
| DOI | http://doi.org/10.1177/25166069231184977 |
| Author | Gunjan Gupta,Aquib Husain |
| Date | 01 October 2023 |
| Subject Matter | Original Articles |
Digital Evidence in
Police Investigation:
A Comparative Analysis
of Challenges Faced in
India, the UK and the
United States
Gunjan Gupta1 and Aquib Husain2
Abstract
This research explores the challenges posed by the use of digital evidence in
criminal investigations, particularly in the context of fair trial and the presumption
of innocence. The article identifies three key issues that could compromise the
impartiality and presumption of innocence in investigations, namely, improper
and inconsistent use of technology, outdated procedural assurances and a lack
of reliability testing in practice. The findings highlight the need for legislative
intervention, enforcement of standards and implementation of validation proce-
dures for digital evidence to protect innocent individuals and all parties involved
in criminal proceedings. The article also examines how digital evidence practices
adhere to fair trial standards and how technology-assisted investigations affect
criminal procedures. The study draws on data obtained from a project con-
ducted by the Economic and Social Research Council on the application of digital
forensics in police forces in England and the United States. The research provides
insights into the evolving nature of investigations in connection to the rising
demand for digital expertise and the distribution and coordination of related
resources in the police forces.
Keywords
Criminal investigations, digital evidence, fair trial, justice
Original Article
Journal of Victimology
and Victim Justice
6(2) 133–145, 2023
2023 National Law
University Delhi
Article reuse guidelines:
in.sagepub.com/journals-permissions-india
DOI: 10.1177/25166069231184977
journals.sagepub.com/home/vvj
1 Faculty of Law, University of Delhi, New Delhi, Delhi, India
2 Jamia Millia Islamia, New Delhi, Delhi, India
Corresponding author:
Gunjan Gupta, Faculty of Law, University of Delhi, New Delhi, Delhi, India.
E-mail: gunjanguptaclcdu@gmail.com
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