Judicial Adaptation To Changing Norms Of Evidence In Pakistan And India: Digital Reality Integration With Res Gestae

Abstract

The domain of evidentiary standards and mechanisms has been profoundly revamped through the rapid advancement in digital technologies and has equally impacted legal systems across the globe. Specifically, in the context of Pakistan and India, courts have started facing challenging when it comes to the integration of digital standards within the traditional evidentiary legal framework. This paper attempts to discover the judicial incorporation of changing rules governing evidence with a specific attention towards the notion of ‘res gestae’, a doctrine which is fundamentally rooted in the canons of spontaneity and contemporaneity. It evaluates how courts in both of the jurisdictions have incorporated and enhanced the application of res gestae to accommodate digital evidence as well, for instance, CCTV footage, metadata, WhatsApp messaging, GPS tracking as well as audio/video recordings. The analysis is based on the interpretation of relevant provisions of Qanun-e-Shahadat Order (1984) and its equivalent Indian Evidence Act of 1872, in the light of evolving global jurisprudence. This paper critically examines the rift between reliability, credibility, and authenticity when it comes to admission of digital documents under the guise of res gestae. It also elaborates the judicial developments and shifts concerning the evidentiary fairness without undermining procedural integrity. The paper argues that it is crucial to harmonize traditional doctrines in an increasingly digital ecosystem, so that evidentiary standards could be modernized and res gestae be used as a flexible doctrinal concept as reimagined in a legal framework guided by digital technologies.