Artificial Intelligence-Generated Evidence And Deepfakes Under The Bharatiya Sakshya Adhiniyam, 2023: Rethinking Admissibility And Authentication In Indian Courts
- IJLLR Journal
- Jul 19
- 1 min read
Varshita A, BA LLB, MKPM RV Institute of Legal Studies
ABSTRACT
The Bharatiya Sakshya Adhiniyam, 2023 ("BSA") replaced the Indian Evidence Act, 1872 with effect from 1 July 2024, and in doing so modernised the statutory treatment of electronic records through Sections 61 to 63. These provisions were, however, drafted against the backdrop of conventional electronic evidence such as emails, call records and CCTV footage, and not against a landscape increasingly populated by generative artificial intelligence and deepfakes. This paper undertakes a doctrinal examination of the BSA's electronic evidence framework, traces its evolution from Section 65B of the erstwhile Evidence Act through the landmark decisions in Navjot Sandhu, Anvar P.V. and Arjun Panditrao, and evaluates whether the certificate-based authentication model under Section 63(4) is adequate to test the veracity of AI-generated content. Using the 2023 Rashmika Mandanna deepfake incident as an illustrative reference point, the paper argues that the BSA authenticates the process of production of an electronic record but not the truth of what that record depicts, leaving a doctrinal gap that ordinary criminal law provisions were not designed to close. The paper concludes with recommendations for statutory amendment, the creation of a dedicated forensic authority, a burden-shifting evidentiary rule, and judicial capacity building.
Keywords: Bharatiya Sakshya Adhiniyam 2023; Electronic Evidence; Artificial Intelligence; Deepfake; Admissibility; Digital Forensics.
