Admissibility of Electronic Evidence under the Bharatiya Sakshya Adhiniyam, 2023: A Critical Analysis of Evidentiary Standards and Judicial Challenges

This research investigates the admissibility of electronic evidence in accordance with the Bharatiya Sakshya Adhiniyam, 2023 (BSA), as well as the ways in which it has evolved as a result of the introduction of new technologies and the evolving views of the courts. Consequently, as a consequence of the rapid digitisation of communication, enterprises, and governments, contemporary court procedures are significantly dependent on electronic data such as emails, CCTV footage, call logs, and social media posts. An examination of the development of electronic evidence laws in India is presented in this article. Beginning with the Indian Evidence Act of 1872 and continuing all the way up to the Information Technology Act of 2000, which includes Sections 65A and 65B, the study begins with the Indian Evidence Act. It also examines the ways in which earlier instances have influenced current laws. The purpose of this research is to analyse Sections 61 and 63 of the BSA, 2023. These sections recognise electronic recordings as valid evidence and clarify certification criteria while putting an emphasis on authenticity and reliability. A fair trial and due process are guaranteed by Article 21 of the Indian Constitution, and the purpose of this research is to determine whether or not the BSA, 2023 achieves a satisfactory balance between these two conflicting objectives. However, the study indicates that the eventual success of the BSA, 2023 will be contingent on judicial interpretation, technology infrastructure, and continued legal training. This is despite the fact that the BSA, 2023 has made a promising beginning to modernizing evidential law. In light of this, the reform needs to be handled with caution and optimism.

Electronic Evidence, Digital Records, Section, Bharatiya Sakshya Adhiniyam, Indian Evidence Act, Certificate, Admissibility, Data, Courts, Documents

1. ANJANA PRAKASH, ANUJ PRAKAASH, THE BHARATIYA SAKSHYA ADHINIYAM 385 LexisNexis 2025 [Google Scholar] [Crossref]

2. Basu, D. D. (2022). Law of Evidence (28th ed.). LexisNexis. [Google Scholar] [Crossref]

3. Batuk Lal. (2023). The Law of Evidence (26th ed.). Central Law Agency. [Google Scholar] [Crossref]

4. Government of India. (1973). The Code of Criminal Procedure, 1973. Ministry of Law and Justice. (Relevant for cases instituted before 1 July 2024.) [Google Scholar] [Crossref]

5. Government of India. (2000). The Information Technology Act, 2000 (Act No. 21 of 2000). Ministry of Law and Justice. [Google Scholar] [Crossref]

6. Government of India. (2023). The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023). Ministry of Law and Justice. [Google Scholar] [Crossref]

7. Government of India. (2023). The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023). Ministry of Law and Justice. [Google Scholar] [Crossref]

8. International Organization on Computer Evidence. (2002). Principles and Guidelines for Digital Evidence. IOCE. [Google Scholar] [Crossref]

9. Monir, M. (2021). Law of Evidence (12th ed.). Universal Law Publishing. [Google Scholar] [Crossref]

10. Pande, A. (2024). Bharatiya Sakshya Adhiniyam, 2023: A Commentary. Eastern Book Company. [Google Scholar] [Crossref]

11. United Nations Office on Drugs and Crime. (2013). Comprehensive Study on Cybercrime. United Nations. [Google Scholar] [Crossref]

12. Vivek Dubey, Admissibility of electronic evidence: an Indian perspective. Forensic Res Criminal Int J. 2017;4(2):58- 63 [Google Scholar] [Crossref]

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