Published online by Cambridge University Press: 05 September 2025
Chapter 4 delves into the complexities of digital evidence in the context of smart courts, where evidence is submitted, presented and examined online. It begins by defining digital evidence and distinguishing between digitized and born-digital evidence, highlighting the unique characteristics that set digital evidence apart from traditional forms. The chapter explores the admissibility of digital evidence, focusing on key criteria such as relevance, reliability, authenticity, the best evidence rule and hearsay. It also addresses the challenges posed by the digital nature of evidence, including issues of stability, replication, ubiquity and the legal hurdles in ensuring data protection and legitimacy. Furthermore, the chapter examines the submission process of digital evidence, emphasizing the need for secure and reliable transmission methods to maintain the integrity of the evidence. While digital evidence offers significant advantages in smart court settings, it also necessitates rigorous authentication and may require additional extrinsic evidence and expert testimony, thus presenting both opportunities and challenges for the future of judicial proceedings.
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