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DIGITAL EVIDENCE IN CYBERCRIME INVESTIGATIONS: LEGAL, TECHNICAL, AND PROCEDURAL PERSPECTIVES

Area: Institute of Legal Studies
Abstract: The rapid proliferation of digital technology has demon-kissed a new type of crime roughly dubbed cybercrime of late. The requirement to identify, seize, manage, and present digital evidence in the investigation of such offences presents legal, technical, and logistical challenges that are systematically different from other traditional evidential objects. In this paper, we refer to the digital evidence stemming from cybercrime investigations and discuss its admissibility under existing legal regimes. The main aims are to examine the legal criteria for digital evidence in different jurisdictions, and to assess the technical and procedural mechanisms that safeguard its forensic soundness. A doctrinal and analytical approach is applied, with references to statutory provisions, judicial pronouncements with due regard to international conventions and academic writings. The findings demonstrate the great degree of variation between legal standards, jurisdictional overreach, and the consistent difficulty of keeping chain of custody in digital forensic workflows. The dialogue addresses the challenges that such growth creates for lawmakers. Harmonised legal frameworks, standardised forensic procedures, and enhanced international cooperation are crucial for the successful prosecution of cybercrimes, the paper concludes.
Author: Suneeta Rathore1, Prof (Dr.) Aryendu Dwivedi2
DOI: MJAP/05/0419
Page: 154-161
Paper Id: 0419
Publication Date: 22-Jan-2026
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