The court will accept digital matters as evidence

The government has agreed to amend the Evidence Act, giving the opportunity to present digital information and evidence in the trial of the case. The policy was approved in the draft Evidence (Amendment) Act 2022 at a cabinet meeting held at the Secretariat on Monday (March 14). When the draft law of evidence from the law and justice department was taken up in the cabinet, Prime Minister Sheikh Hasina gave the approval by joining the meeting through video conference from the Ganobhaban. After the meeting, Cabinet Secretary Khandaker Anwarul Islam told reporters, "It has been under discussion for a long time, that's why they have come up with it. From now on, digital evidence will also be accepted.” The secretary said that it must be ensured, no one can present a fake or forged evidence digitally, if the court thinks that there is something objectionable, or if someone objects, then forensic test of that evidence can be done. Doing so, things will be clearer. There is no way to present a manipulated evidence, no way. Because, if you go through the forensic test, you will be caught later. In fact, the forensic tests of a document can be done in a couple of minutes only. It takes a little more time for videos, but it doesn't take much time. We have adequate laboratories in the country. We have high end technology. The government will conveniently distribute these in different places. … the digital evidences that will be presented, if the court or any party thinks there is an objection, then forensic test will undergo." "As you know, there have been online litigation cases since high wave of Covid-19 pandemic, then all the evidence came online," he said. "But again there was no direct provision for such digital evidence in our Evidence Act. If someone would have lost the case, if he would appeal to the upper court, there was a chance of some legal complications. I hope this time it will be solved." Anwarul Islam said, “There is no way to twist. If anyone twists, then there is the matter of false testimony in section 211 of our penal code and also section 57 of the Digital Act, action will be taken accordingly.” Saying the draft had received policy approval on Monday, the cabinet secretary added that, “Since this is a tricky matter, the cabinet told to palace the matter once again for further scrutiny.”