Digital Evidence in Pakistan: A Doctrinal Assessment of Admissibility and Reliability in Criminal Trials

Abstract

The escalating digitalization of society has in-fact rendered digital evidence an essential element in contemporary criminal trials. However, in Pakistan, the implementation and appreciation of such evidence remain fraught with legal uncertainty, procedural flaws, and institutional inadequacy. This paper undertakes a doctrinal assessment of digital evidence within the Pakistani criminal justice system, analyzing the interplay between the antiquated legal framework and modern technical realities. The current evidentiary regime is primarily governed by the Qanun-e-Shahadat Order (QSO) 1984, the Electronic Transaction Ordinance (ETO) 2002, and the Prevention of Electronic Crimes Act (PECA) 2016. While these legislations render digital evidence generally admissible under provisions like Article 164 QSO and ETO 2002, judicial interpretation often treats it as secondary or corroboratory evidence, demanding confirmation by ocular or physical proof before assigning significant probative weight. However, key legislative gaps persist. The gaps notably concerning ambiguous authentication requirements such as defining “working order” and ensuring “reliable assurance of integrity” and the lack of stipulated technical procedures like the use of hash values and metadata verification. This situation is further compounded by pervasive issues in maintaining the chain of custody and critical deficiencies in forensic infrastructure. This is where few law enforcement agencies possess certified digital forensic tools or internationally trained experts. Consequently, the Pakistani judiciary exhibits significant inconsistency and arbitrariness in evaluating digital evidence, jeopardizing the constitutional right to a fair trial (Article 10A) for defendants, particularly those unable to contest complex technical claims. The study concludes that legislative clarity, mandated judicial training, and substantial investment in forensic capacity are imperative steps to bridge the widening chasm between the law and technology, thereby ensuring digital evidence serves as a reliable instrument of justice in Pakistan.

Keywords: Digital Evidence, Admissibility, Reliability, Digital Forensics, Fair Trial Rights