Cabinet clears draft of Evidence (Amendment) Act, 2022

Staff Reporter :
Keeping the provision that makes digital evidence admissible in courts and that character of a victim can’t be questioned during hearing, the Cabinet on Monday approved the draft of ‘Evidence (Amendment) Act, 2022’.
According to the draft, the law also retained provision that decency must
be maintained while cross-examining a victim in the courtroom.
The approval was given in the draft law at the regular meeting of the Cabinet held on Monday at the Secretariat with Prime Minister Sheikh Hasina in the chair. The PM joined the meeting virtually from her official residence Ganobhaban while other Cabinet members connected from Secretariat’s Cabinet meeting room.
While briefing media about the meeting decision, Cabinet Secretary Khandker Anwarul Islam said, “The court can decide what kind of questions a victim should be asked and answered.”
With this amendment, the digital evidences will be acceptable in trial, said the Cabinet Secretary.
He said that the practice of submitting evidences online began with the inception of virtual courts amid the Covid pandemic. But there was nothing specific about ‘online or digital evidence’ in the existing Evidence Act. The amendment would pave the way to submit the evidences legally.
With the current law in place, legal complications might arise if any aggrieved person files a petition with the higher court, challenging the verdict of the lower court that had accepted such evidence during virtual trials, he explained.
The draft of the new law has kept a provision for forensic examination of digital evidence. “If the court finds it necessary, or any party of the case questions the authenticity of such evidence, there can be forensic examination,” said the Cabinet Secretary.
He said sufficient laboratories are there in the country for forensic tests of digital evidence, and Bangladesh Computer Council is also equipped with modern technology required for this. The government might set up more such laboratories.
He didn’t say how the digital evidence was defined in the draft.
He noted the submission of false or manipulated evidence would be punishable as before. If anyone tampers with evidence, the person will be dealt with as per Section 211 of the Penal Code or Digital Security Act.
The Cabinet approved the proposed law only in principle “since it is a tricky matter”. It will be put before the Cabinet once again for final nod, he added.