Digital evidence in drug cases under the new law – Prepared by Attorney Khaled Mufarraj Al-Dulaimi

Digital evidence has become a crucial element in drug cases following recent legislative updates in Kuwait, particularly with the increased use of smart applications, electronic payment methods, and digital communication in sales and promotion. Law No. 159 of 2025 highlighted the importance of electronic evidence, considering it a significant factor in establishing criminal intent and determining the nature of the crime. This study explains how this evidence is constructed, its regulations, and how it can be challenged in court.

First: The nature of digital evidence in drug cases

Digital evidence includes several types of information extracted from smart devices or electronic platforms, including:

• Text messages and chats via apps.
• Recent call and communication records.
• Money transfers and electronic wallets.
• Geographic location data.
• Browser history and search.
• Images and related files.
  The law explicitly states that the use of electronic means in promotion is considered an aggravating circumstance for punishment, reflecting the importance of this type of evidence.

Second: Controls for collecting digital evidence and chain of possession

Criminal law and procedures require adherence to technical controls when collecting digital data. These controls include:

• There must be a valid and explicit permission specifying the device or account to be cleared.
• Maintaining the "digital chain of possession" to ensure tha