Abstract:
The increasing reliance on digital technologies has transformed the landscape of criminal
justice, introducing both opportunities and challenges in combating cybercrime. This
research examines the intricate interplay between digital evidence, surveillance technology,
and criminal law policies in Bangladesh, highlighting the critical need for a comprehensive
and balanced approach to address the unique challenges posed by the digital age. The
study begins by exploring the nature of cybercrime in Bangladesh, identifying the legislative
framework underpinning its regulation, including the Cyber Security Act, 2023 and related
statutes. It highlights the importance of digital evidence in modern investigative processes
while underscoring procedural and technological gaps that hinder its effective utilization.
The role of surveillance technologies is also critically analysed, focusing on their dual
potential for advancing national security and infringing on individual rights, particularly
in the absence of robust privacy safeguards and accountability mechanisms.
Furthermore, this research identifies significant challenges, such as the inadequacy of
existing laws in addressing emerging threats like ransomware and deepfake technologies,
the lack of technical expertise and resources within enforcement agencies, and the
complexities of cross-border cybercrime investigations. The analysis is extended to
international perspectives, emphasizing Bangladesh’s limited participation in global
frameworks such as the Budapest Convention on Cybercrime and the need for enhanced
international cooperation. To address these challenges, the research provides actionable
recommendations, including legislative reforms, capacity building, the establishment of
standardized procedures for handling digital evidence, and the regulation of surveillance
practices. It also advocates for increased public awareness and education to empower
citizens against cybercrime. The findings underscore that while Bangladesh has made
significant strides in integrating digital tools into its criminal justice framework, the nation
must prioritize reforms that align technological advancements with constitutional
protections and international human rights standards. This study concludes that a multi-
faceted and collaborative approach is essential for developing robust criminal law policies
capable of addressing the evolving dynamics of cybercrime while safeguarding civil
liberties and fostering global cooperation.