Bridging Legal Rigour And Technological Constraints: Analysing Deficiencies In Digital Evidence Handling Under The Bhartiya Sakshya Adhiniyam 2023
- IJLLR Journal
- Oct 5
- 2 min read
Parth Attry, Chandigarh University
ABSTRACT
The Bharatiya Sakshya Adhiniyam, 2023 (BSA), marks a significant reform in Indian legal history, acting as a comprehensive update to the Indian Evidence Act of 1872. This legislation clearly recognizes and incorporates electronic evidence, reflecting the urgent need to align India’s evidentiary framework with current technological realities and digital communication methods. By adding 170 sections, the BSA systematically replaces outdated colonial-era language with definitions and provisions that are specifically designed to meet modern judicial challenges related to digital evidence. Its core reforms include the broad acceptance of electronic records as legally valid evidence, equivalent to traditional documents. This legal recognition explicitly expands the scope of “documents” to include digital formats such as emails, electronic signatures, and other electronically stored information, thereby reducing ambiguity and ensuring consistency in court procedures.
Additionally, specific provisions within the Act, notably Sections 61 and 63, play crucial roles in ensuring electronic evidence is accepted rather than dismissed because of its format. Section 61 prevents courts from denying evidence solely because it is electronic, while Section 63 introduces a standard expert certification process to verify such evidence, enhancing judicial confidence and procedural efficiency. Moreover, the BSA extends its authority to include military courts, representing a comprehensive nationwide reform.
Despite these pioneering legislative actions, challenges in implementation remain, mainly due to infrastructural deficiencies, limited forensic technologies, and a lack of skilled personnel trained in cyber forensics. The Act’s goals to streamline digital evidence management are further complicated by cybersecurity risks, privacy issues, and transnational jurisdictional complexities caused by cloud computing and dispersed data environments. These factors highlight the need to upgrade government infrastructure and establish clear protocols to preserve evidential integrity.
Furthermore, the BSA is part of a broader legal transformation alongside the Bharatiya Nyaya Sanhita and the Bharatiya Nagarik Suraksha Sanhita, which collectively aim to effectively address cybercrime and strengthen judicial capacity in the digital age. Technological advancements such as blockchain, artificial intelligence, and proactive digital forensic techniques promise to support these reforms, but also require updates in legal education and court procedures to fill existing competency gaps.
In conclusion, the Bharatiya Sakshya Adhiniyam, 2023, creates a vital foundation for a progressive, technology-ready legal system in India. To realize its full potential, ongoing investments in forensic infrastructure, judicial training, interdisciplinary collaboration, and policy improvements are essential. These measures will help ensure fair, transparent, and efficient justice, balancing the strict demands of the law with the challenges of digital innovation.
