Modern litigation increasingly relies on electronic evidence such as WhatsApp chat exports, email exchanges, CCTV video footage, audio recordings, and digital bank transfer logs.
Under Article 164 of the Qanun-e-Shahadat Order 1984 (Law of Evidence) and Section 25 of PECA 2016, courts are empowered to accept evidence generated through modern devices and electronic channels.
However, to make electronic evidence admissible in court, defense counsel must satisfy strict authentication rules: (1) Establishing unbroken chain of custody; (2) Obtaining certified digital forensic inspection reports; (3) Presenting the physical device (phone/laptop/DVR) for court inspection; and (4) Proving absence of digital tampering or deepfake alterations.
The Supreme Court of Pakistan has laid down detailed guidelines regarding audio/video recordings, requiring the person who recorded the conversation to testify and verify voice samples.
Naich Law Firm coordinates digital forensic authentication, presenting airtight electronic evidence in commercial, family, and cybercrime trials across Karachi courts.
Practical Key Takeaways for Litigants & Clients
- Article 164 Qanun-e-Shahadat permits digital and electronic evidence in court trials.
- Unbroken chain of custody and forensic authentication are mandatory for admissibility.
- WhatsApp chats and emails must be supported by physical device inspection in court.
- CCTV footage requires expert DVR verification to exclude video tampering.
- Properly authenticated digital evidence provides decisive proof in commercial disputes.