An Analysis Of The Admissibility Of Digital Evidence And Its Challenges In The Age Of Cybercrime Under The Indian Legal Regime
- IJLLR Journal
- 7 minutes ago
- 1 min read
Aswathi P.M., LL.M., Department of Criminal Law, School of Excellence in Law, The Tamilnadu Dr. Ambedkar Law University, Chennai.
ABSTRACT
This article critically examines the evolving landscape of cybercrime investigations in India, with a particular focus on recent legislative reforms and technological advancements. It underscores the growing inadequacy of conventional investigative approaches in addressing complex cyber offences that often operate across borders and involve transient forms of digital evidence such as deepfakes, encrypted communications, and manipulated data. The Bharatiya Sakshya Adhiniyam, 2023 (BSA) marks a significant shift in evidentiary law by expanding the scope and admissibility of electronic records, while the Bharatiya Nagarik Suraksha Adhiniyam, 2023 (BNSS) introduces procedural innovations including online reporting mechanisms, digital recording of statements, clearer jurisdictional guidelines, and compulsory forensic examination in certain cases. The study also explores the dual role of Artificial Intelligence (AI) in the cyber domain, both as a tool exploited by offenders and as a powerful asset for investigators. At the same time, concerns relating to algorithmic bias, accountability, and ethical use remain significant. The paper emphasizes that strengthening cybercrime response requires not only legal reform but also sustained investment in capacity building, technological integration, public awareness, and international collaboration. The article underscores the importance of capacity building, investment in technological resources, public awareness initiatives, and enhanced international cooperation to effectively combat cyber threats. In conclusion, while the introduction of the BSA and BNSS marks a significant step toward modernizing India’s legal and procedural framework, their success ultimately depends on a holistic and integrated approach.
Keywords: Cybercrime investigation, digital evidence, artificial intelligence, Bharatiya Nagarik Suraksha Adhiniyam 2023, Bharatiya Sakshya Adhiniyam 2023, India.
