legal landscape of India, the admissibility of evidence, particularly in the context of its legality and relevance, has been a subject of intense debate. Indian courts, much like their counterparts abroad, have historically admitted evidence even if obtained through questionable means, relying on the test of “relevancy.”
This criterion, enshrined in the Indian Laws, emphasizes the importance of the evidence’s relevance to the case rather than the legality of its acquisition. This conspicuous absence of laws expressly prohibiting the admission of unlawfully obtained digital evidence which leaves room for potential misuse and can result in serious injustices, as there are no clear boundaries governing the permissible means of evidence collection.
A paradigm shift is on the horizon with the recent recognition of the right to privacy as a fundamental right for Indian citizens. The implications of this recognition, stemming from the landmark Puttaswamy judgment, extend beyond the individual’s physical body to include the sanctity of personal data.
While this right is not absolute and can be subject to reasonable restrictions imposed by the state for law enforcement and protection of state interests, it introduces a new dimension to the admissibility of illegally obtained evidence. Gathering and presenting evidence play pivotal roles in the realm of criminal law, contributing to the pursuit of justice within the court system.
However, it is equally crucial that these processes adhere strictly to due procedures to prevent encroachments on individuals’ privacy. Instances involving methods such as phone tapping, search and seizure, when conducted without proper adherence to established protocols or without following the due procedure, can lead to injustices.
Regrettably, it’s an open secret that certain entities resort to employing hacker groups or hacking techniques to target opposing parties in the acquisition of evidence. The lack of stringent legal provisions protecting privacy rights in the context of evidence gathering raises critical concerns about the potential abuse of power and violation of individual liberties.
In the absence of specific regulations addressing the admissibility of evidence obtained through illegal methods, there is a risk that it will not only compromise the rights of the accused (who becomes the victim of hacking) but also undermines the broader principles of justice and fairness in the legal system. The absence of a comprehensive legal framework addressing the privacy implications of evidence collection leaves room for ambiguity and potential exploitation of legal loopholes.
Addressing this gap requires a thoughtful and comprehensive approach to legislative reform. Establishing clear guidelines and legal safeguards that explicitly protect the right to privacy during digital evidence collection is crucial. Such reforms would not only ensure the protection of individual liberties but also contribute to the integrity and fairness of the criminal justice system in India.
Specially when it comes to digital evidence, additional complexities arise due to its volatile and fragile nature. The mishandling of digital evidence can compromise its integrity, potentially altering critical information. Protocols are essential to ensure the proper identification, collection, acquisition and preservation of digital evidence, safeguarding its integrity throughout the legal process.
In conclusion, the evolving dynamics between privacy and digital evidence demand a careful and comprehensive examination. The recent recognition of the right to privacy signifies a turning point, necessitating a recalibration of existing norms to strike a balance between individual rights and the imperatives of justice. As we navigate this uncharted territory, a thoughtful and rights-centric approach is crucial to shape a legal framework that ensures the fair and just treatment of evidence while upholding the sanctity of individual privacy.
Khushbu Jain is a practising advocate in the Supreme Court and founding partner of the law firm, Ark Legal. She can be contacted on X: @ advocatekhushbu