RECOGNITION OF DIGITAL EVIDENCE AS CONCLUSIVE EVIDENCE, DESPITE THE POSSIBILITY THAT IT COULD BE FALSIFIED BY TECHNICAL SPECIALISTS OR ARTIFICIAL INTELLIGENCE

Abstract

The modern technological environment has witnessed rapid advancements in technology, which have further revolutionised how evidence is collected, stored, analysed, and presented in legal proceedings. There has been an increased use of digital evidence in legal proceedings across the globe, which makes digital evidence an integral factor in establishing facts and determining innocence or guilt. Many studies highlight the importance of digital evidence in the modern legal system and the importance of recognising digital evidence as conclusive evidence. However, regardless of the undeniable benefits of using digital evidence in legal proceedings, there are numerous different challenges which arise with the use of digital evidence in court, considering the advancements in technology. The advancements in technology have made it easier for specialised individuals and artificial intelligence tools to falsify or manipulate the evidence. At the same time, the undeniable advancements in AI and increased use of encryption have made it difficult for legal professionals to determine the authenticity and integrity of the evidence presented in court. This has further led to an increase in the importance of digital forensics and effective mechanisms, standards, and procedures to ensure the reliability, validity, authenticity, and completeness of the digital evidence so that the evidence can be admissible in court and justice can be served in an efficient and effective manner. The development of effective digital forensic techniques, while adapting to the advancements in technology and developing an effective chain of command, can help with the ethical and efficient collection, storage, analysis, and preservation of the digital evidence, which will help in determining the integrity of the evidence and will make evidence admissible in court of law. Hence, the findings of the study illustrate that digital evidence is an effective tool in legal proceedings and should be recognised as conclusive evidence, provided the digital forensic mechanisms, procedures, and processes are in place to determine and evaluate the integrity of the digital evidence.