Admissibility of Digital Evidence and Use of Emerging Artificial Intelligence Tools in the Criminal Justice System of Pakistan: A Critical Analysis of the Legislative Framework

Abstract

This study critically examines the legislative framework governing the admissibility of digital evidence and the integration of emerging artificial intelligence tools within Pakistan’s criminal justice system. While Pakistan has taken incremental steps through the Electronic Transactions Ordinance 2002, the Qanun-e-Shahadat Order 1984, and the Prevention of Electronic Crimes Act 2016 to recognize electronic evidence, the legal infrastructure remains fundamentally unprepared for the evidentiary complexities introduced by AI-driven investigative and adjudicative technologies. The study adopts a qualitative doctrinal methodology, analyzing secondary legal materials including statutes, case law, and scholarly commentary to identify critical gaps between statutory text and technological reality. Findings reveal that while Article 164 of the Qanun-e-Shahadat Order provides a broad discretionary gateway for modern device evidence, there exists no specific framework addressing algorithmic transparency, reliability standards, or the evidentiary weight of AI-generated outputs. The absence of disclosure obligations for automated identification systems and the lack of judicial guidance on machine-generated evidence create significant risks for fair trial guarantees. The study concludes that Pakistan requires targeted legislative reform to establish admissibility standards tailored to algorithmic evidence, alongside institutional capacity-building within the judiciary and investigative agencies.