Deficiencies In Peca And Proposed Amendments To Facilitate Investigating Agencies, Courts And Prosecution; Proper Use Of Electronic Devices For Effective Implementation Of Law
Dr Aftab Ahmad Malik
The purpose of this paper is to analyze and propose amendments in the Pakistan Electronic Crime Act (PECA). It is observed that the Act contains some inherent weaknesses and difficulties due to which some criminals may set free. The investigating agencies, courts, prosecution and the defense attorney formulate a system and work within the ambit of the applicable laws. They derive their strength from the explicit provision of Law and the prescribed procedure. In the case of Electronic Crimes, the forensic evidence, its organization and presentation in the court of law is of pivotal importance. Any deficiency, for example, in procurement of evidence may destroy the entire case of the prosecution in court. The lack of evidence or incorrect procedure of its procurement helps the defense attorney. The judges have to give the verdict keeping in view the well organized and consistent evidence and also under the explicit provisions of law. The central idea of this paper is to make effective modifications and amendments in PECA, as it lacks “proper and soundproof” system for procuring general evidence, forensic and electronic evidence. The paper also focuses on these procedure.