Admissibility Of Electronic Evidence Under The Bharatiya Sakshya Adhiniyam, 2023: A Critical Analysis Of Judicial Interpretation
- IJLLR Journal
- 3 hours ago
- 1 min read
Md Danish Azad, Mumbai University
ABSTRACT
The admissibility of electronic evidence under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is critically examined in this research in light of changing judicial interpretation and technical developments. Due to the rapid digitisation of communication, business, and government, electronic documents, including emails, CCTV footage, call logs, and social media posts, are now essential to contemporary legal proceedings. The paper examines how legal precedents influenced the development of electronic evidence law in India, starting with the Indian Evidence Act of 1872 and continuing through the Information Technology Act of 2000 with the addition of Sections 65A and 65B.
The paper evaluates the reforms introduced under Sections 61 and 63 of the BSA, 2023, which recognise electronic records as valid evidence and clarify certification requirements while emphasising authenticity and reliability. The paper further evaluates whether the BSA, 2023, effectively balances technological advancement with constitutional guarantees of fair trial and due process under Article 21 of the Constitution of India.
The study concludes that although the BSA, 2023, marks a significant step towards modernising evidentiary law, its success will ultimately depend on judicial interpretation, technological infrastructure, and continuous legal training, making the reform both promising and cautiously optimistic.
Keywords: Electronic Evidence, Digital Records, Section, Bharatiya Sakshya Adhiniyam, Indian Evidence Act, Certificate, Admissibility, Data, Courts, Documents.
