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Illegally Obtained Digital Evidence and the New Section 116b of the Criminal Procedure Code – Compatibility with the Principle of Fairness

The main object of evidence gathering during investigation is for the evidence to be admissible in the trial. The Parliament introduced a new provision, section 116B of the Criminal Procedure Code, to specifically govern the search and seizure of digital evidence in Malaysia. The aim of this paper i...

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Main Author: Ayub, Zainal Amin
Format: Conference or Workshop Item
Language:English
Published: 2013
Subjects:
K Law (General)
Online Access:https://repo.uum.edu.my/id/eprint/31138/2/UUMILC%202013%2001-10.pdf
https://repo.uum.edu.my/id/eprint/31138/
http://lawconference.uum.edu.my/
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spelling my.uum.repo.311382024-07-24T03:59:35Z https://repo.uum.edu.my/id/eprint/31138/ Illegally Obtained Digital Evidence and the New Section 116b of the Criminal Procedure Code – Compatibility with the Principle of Fairness Ayub, Zainal Amin K Law (General) The main object of evidence gathering during investigation is for the evidence to be admissible in the trial. The Parliament introduced a new provision, section 116B of the Criminal Procedure Code, to specifically govern the search and seizure of digital evidence in Malaysia. The aim of this paper is to examine whether the introduction of the provision take into the consideration the prejudicial nature of illegally obtained digital evidence; and the compatibility of illegally obtained evidence and section 116B with the principle of fairness. It is a long standing principle of admissibility of evidence in Malaysia that illegally obtained evidence is admissible as long as it is relevant. Moreover, with the advancement of information technology and the internet, vast amount of data are in digital form and becoming potential digital evidence in crimes. Section 116B specifically introduced to tackle the increasing number of digital evidence. This paper finds that the section (116B) further enhances the admissibility of illegally obtained evidence in Malaysia’s criminal justice system. The paper implies that the section and the admissibility of illegally obtained evidence principle in Malaysia may be prejudicial and incompatible with the principle of fairness. This paper recommends that a “backstop” provision must be introduced to improve the criminal justice system in Malaysia on this matter 2013 Conference or Workshop Item PeerReviewed application/pdf en https://repo.uum.edu.my/id/eprint/31138/2/UUMILC%202013%2001-10.pdf Ayub, Zainal Amin (2013) Illegally Obtained Digital Evidence and the New Section 116b of the Criminal Procedure Code – Compatibility with the Principle of Fairness. In: The 7th UUM International Legal Conference 2013, 13-14 November 2013, Quality Hotel City Centre. http://lawconference.uum.edu.my/
institution Universiti Utara Malaysia
building UUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Utara Malaysia
content_source UUM Institutional Repository
url_provider http://repo.uum.edu.my/
language English
topic K Law (General)
spellingShingle K Law (General)
Ayub, Zainal Amin
Illegally Obtained Digital Evidence and the New Section 116b of the Criminal Procedure Code – Compatibility with the Principle of Fairness
description The main object of evidence gathering during investigation is for the evidence to be admissible in the trial. The Parliament introduced a new provision, section 116B of the Criminal Procedure Code, to specifically govern the search and seizure of digital evidence in Malaysia. The aim of this paper is to examine whether the introduction of the provision take into the consideration the prejudicial nature of illegally obtained digital evidence; and the compatibility of illegally obtained evidence and section 116B with the principle of fairness. It is a long standing principle of admissibility of evidence in Malaysia that illegally obtained evidence is admissible as long as it is relevant. Moreover, with the advancement of information technology and the internet, vast amount of data are in digital form and becoming potential digital evidence in crimes. Section 116B specifically introduced to tackle the increasing number of digital evidence. This paper finds that the section (116B) further enhances the admissibility of illegally obtained evidence in Malaysia’s criminal justice system. The paper implies that the section and the admissibility of illegally obtained evidence principle in Malaysia may be prejudicial and incompatible with the principle of fairness. This paper recommends that a “backstop” provision must be introduced to improve the criminal justice system in Malaysia on this matter
format Conference or Workshop Item
author Ayub, Zainal Amin
author_facet Ayub, Zainal Amin
author_sort Ayub, Zainal Amin
title Illegally Obtained Digital Evidence and the New Section 116b of the Criminal Procedure Code – Compatibility with the Principle of Fairness
title_short Illegally Obtained Digital Evidence and the New Section 116b of the Criminal Procedure Code – Compatibility with the Principle of Fairness
title_full Illegally Obtained Digital Evidence and the New Section 116b of the Criminal Procedure Code – Compatibility with the Principle of Fairness
title_fullStr Illegally Obtained Digital Evidence and the New Section 116b of the Criminal Procedure Code – Compatibility with the Principle of Fairness
title_full_unstemmed Illegally Obtained Digital Evidence and the New Section 116b of the Criminal Procedure Code – Compatibility with the Principle of Fairness
title_sort illegally obtained digital evidence and the new section 116b of the criminal procedure code – compatibility with the principle of fairness
publishDate 2013
url https://repo.uum.edu.my/id/eprint/31138/2/UUMILC%202013%2001-10.pdf
https://repo.uum.edu.my/id/eprint/31138/
http://lawconference.uum.edu.my/
_version_ 1805893242254786560
score 13.211869

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