legal procedure

legal procedure

Legal procedure after seizing Digital Evidence

Legal procedure after seizure- After seizure, due documentation and transportation, the digital evidences should be brought to the knowledge of the court having jurisdiction and permission to keep the same in the custody of the E.O. for further investigation, should be obtained. Permission of the court to image and send the same to the forensic labs should be obtained, if required. All such transactions should be duly recorded in the chain of custody.

        The accused/owners of the material seized, may approach the court for release of the same. The E.O. should carefully prepare his objections based on merit of the case and their requirement for further investigation. He should ensure that no original evidences having bearing on the prosecution of the case, are returned. Even if the court is inclined to consider the accused’s request, the E.O. should try to impress upon that only an authentically imaged copy is provided to him, not the evidences in original.

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