Evidence act amendment: Cabinet gives the final nod

The Cabinet Division yesterday gave the final approval to the draft of Evidence (Amendment) Act, 2022, which will allow electronic records and digital data to be admissible in court.

The proposed amendment will now be placed in parliament and once passed, it will give both the prosecution and defence the opportunity to produce digital evidence before the court. Such evidence is not taken into cognisance at present.

Welcoming the move, legal experts, however, warned of its abuse.

"Digital evidence cannot be used to prove an accused innocent or guilty as the existing act does not permit it. So this is a positive move. But there needs to be a transparent method in procuring evidence. Otherwise, there remains a chance of its abuse," said Barrister Jyotirmoy Barua, a human rights lawyer.

As per the amendment, digital record or electronic record means any record or information generated, prepared, sent, received or stored in magnetic, electro-magnetic, optical or micro films, computer memory, computer-generated microfiche including audio, video, DVD, CCTV footage, drone data and records from cell phone, hardware, software or any other digital device as defined in Digital Security Act, 2018.

Besides, finger, palm and iris impressions and digital footprints, signatures and certificates will also be admissible as evidence before a court.

After yesterday's cabinet meeting, held virtually and chaired by Prime Minister Sheikh Hasina, who joined it from the Gono Bhaban, Cabinet Secretary Khandker Anwarul Islam said, "Since the digital [virtual] court has been given recognition, it was felt that there should be some amendments to the [evidence] act.

"Data along with information can be used as evidence [under the amended law]."

The instruction has been issued to incorporate both "information" and "data" in the Evidence Act, he told journalists in his briefing.

Another amendment is brought to section 146 (3) of Evidence Act, 1872 that deals with raising questions over the character of a witness or victim.

"There is a tendency of raising questions about a victim's character through obnoxious questions. Restriction has been imposed on it. No such question can be asked straightway without the permission of a court," said Anwarul Islam.

If it is completely repealed, bad people will take advantage, he added.

On March 14, the Cabinet approved the draft in principle. At that time, the cabinet secretary said the amendment had been brought to eliminate future legal complications over the trials held virtually during the Covid pandemic.

Barrister Jyotirmoy said they had long been demanding inclusion of digital evidence in the act.

Citing the example of Bangabandhu murder case, he said there was video evidence of murderers but it could not be used against them.

The amendment will benefit both the prosecution and defence but there remains concern over the handling of digital evidence.

Recently, he said, there has been a trend that a Facebook account of a person is hacked or a fake account is created to write status demeaning religion, leading to communal violence. Afterwards, an innocent gets framed for inciting the violence but those who are behind it remain scot free.

This can be an example of how digital evidence can be abused, explained the lawyer.  

The Cabinet yesterday adopted a condolence motion on the demise of slain former Japanese prime minister Shinzo Abe.

Sheikh Hasina recalled Abe's role in several mega projects of Bangladesh.

The Cabinet also approved the final draft of Bangladesh Industry-Design Act, the draft of Gram Adalat (Amendment) Act in principle and draft of Marine Fishing Guideline.