Admissibility of Computer Evidence Under Sri Lankan Criminal Proceedings : a Comparative Analysis

Abstract

Sri Lanka has now stepped into a new global era having overcome the terrorism which resulted in a rapid technological advancement.. This study seeks to answer the problem present legal regime pertaining to computer evidence provide appropriate mechanisms to ensure the admissibility of computer evidence in Sri Lankan criminal courts and if the findings to that question is in the negative, what reforms should be brought upon to strengthen the law regime on this respect. The primary objective of the study is to examine the existing legal framework on computer evidence currently entertained in criminal proceedings in Sri Lanka with certain other jurisdictions. The secondary objective is to identify the loopholes of the present legal framework and to propose apt recommendations to reform the existing legal regime on the admissibility of computer evidence in Sri Lanka. The research was executed using two methodological approaches. The black letter approach was utilized for a profound analysis on the legal provisions pertaining computer evidence. Empirical research methodology was used to gather information on the current status of the computer evidence and its practical implication. Ultimately, this study raises certain pertinent questions in the legal framework on computer evidence still remain unanswered. The main focus of the study revolves around the significant provisions of the Evidence (Special Provisions) Act of 1995, the Evidence Ordinance of 1895(As amended by Act No 29 of 2005) and the Electronic Transactions Act of 2006.