ADMISSIBILITY AND CHALLENGES OF DIGITAL EVIDENCE IN PROSECUTING GENDER-BASED VIOLENCE IN PAKISTAN

Abstract

Context: Gender-based violence (GBV) remains a pervasive challenge in Pakistan, with survivors facing barriers of stigma, underreporting, and weak legal protection. As mobile devices and online platforms increasingly document abuse, digital evidence has emerged as a potentially transformative tool for prosecuting GBV. However, its admissibility in Pakistani courts remains uncertain. Objective: The objective of this study is to examine the admissibility and challenges of digital evidence in prosecuting GBV cases in Pakistan, and to propose reforms for more effective integration into the justice system. Design: This study adopts a doctrinal legal research approach, by analysing statutory provisions, case law, and scholarly commentary. Comparative perspectives from international jurisdictions were also considered. Setting: The legal framework governing digital evidence in Pakistan includes the Pakistan Penal Code, the Qanun-e-Shahadat (Evidence Act, 1872), the Cybercrime Prevention Act (2016), and the Electronic Transactions Ordinance (2002). Main Outcome Measures: The study aims to identify the legal, technical, and socio-cultural barriers that hinder the admissibility of digital evidence in GBV prosecutions. Results: Findings reveal inconsistent judicial approaches to digital evidence, with courts occasionally admitting electronic records but often rejecting them due to authenticity concerns and lack of forensic validation. Statutory gaps persist because key laws predate digital technology and fail to provide standardised procedures for collection, preservation, and authentication. Technical barriers include limited forensic expertise and inadequate training among law enforcement. Privacy concerns and cultural stigma further undermine the use of digital evidence. International practices highlight clearer admissibility rules and stronger forensic infrastructure. Conclusions: While digital evidence holds the potential to bolster GBV prosecutions in Pakistan, it necessitates significant legal and procedural reforms. Updating evidentiary laws, expanding forensic training, and addressing privacy safeguards are critical. Broader cultural acceptance and awareness are equally necessary to ensure digital evidence can support survivors’ pursuit of justice.