The Impact of Digital Evidence Laws on Cybercrime Prosecution in Pakistan

Abstract

The massive development of digital technologies has transformed the nature of crime, and thus, there has been a corresponding increase in cybercrime and reliance on digital evidence in criminal justice systems. Cybercrime prosecution is regulated by the Prevention of Electronic Crimes Act (PECA) 2016, Qanun-e-Shahadat Order 1984 and the Electronic Transactions Ordinance 2002, which is mainly applicable in Pakistan. Even though such laws have formally accepted the existence of electronic records and digital evidence, their application efficiency when it comes to prosecuting cybercrimes is still not very effective. This research paper critically analyses effects of Pakistan laws on digital evidence on cybercrime prosecution and its implication on evidentiary admissibility, procedures in the investigations, forensic capacity, and judicial interpretation. Through the analysis of doctrinal legal sources and the available body of scholarly literature on the topic, the paper presents the following persistent challenges: ambiguity in authentication standards, weak chain-of-custody procedures, lack of technical expertise in law enforcement and the judiciary, and disjointed interpretation of the digital evidence rules in courts. The results demonstrate that the digital evidence is often handled as secondary evidence, instead of direct evidence, which harms the success of the prosecutorial efforts and leads to the poor conviction rate. The paper contends that as long as legal reforms are not done comprehensively, there are no standardized forensic procedures or capacity building to train investigators and judges, the laws governing digital evidence will remain to be a sham. The article ends by stating that the legal system of Pakistan must be aligned with the international best practice in order to prosecute cybercrime effectively as well as not to violate the constitutional provisions on the right to a fair trial process and due process.