AI And The Bharatiya Sakshya Adhiniyam 2023: A Critical Appraisal
- IJLLR Journal
- Jan 25
- 2 min read
Aryan Leander Wishard* & Ashita Khonde**
ABSTRACT
The emerging technology of artificial intelligence is getting accurate on each successive day, intersecting the legal backdrop it heightens the cyber-crimes around the world along with posing risks and harms to investigate and admit the specific piece of evidence in the court, indirectly proving the criminal justice system weak and underdeveloped in the context of high-paced self- learning automations and designs. To resolve these particular challenges posed by AI and synthetic deepfake outputs, necessary amendments are made under the Indian criminal justice system like the addition and acceptance of digital and electronic records as a primary piece of evidence under the Bharatiya Sakshya Adhiniyam, 2023; along with this, the global trends include the laws governing data privacy and AI are also getting polished consistently across jurisdictions. The objective of this paper is to critically identify, examine and analyse such challenges posed by AI and provide a clear perspective on how other foreign jurisdictions are dealing with the same. This paper critically examines the growing interface between Artificial Intelligence (AI) and the Bharatiya Sakshya Adhiniyam, 2023, with a focus on the evidentiary treatment of digital and algorithmically generated material. Drawing from legal analysis, trends in landmark precedents along with international jurisprudential development on misuse of AI, we can spot key weaknesses in BSA statutory framework. The paper discusses about the adequacy of the Indian evidence laws in the context of persistently trailblazing automations and algorithms, extracting out the associated risks and harms, and offers a cross jurisdictional comparative picture on governance of Artificial Intelligence and data risks in the European Union and the United States for a broader perspective.
Keywords: Artificial Intelligence, Reliability, Evidence, Deepfakes and Synthetic Media, Digital Evidence.
