Bridging The Digital Divide: Challenges And Reforms In Electronic Evidence Law
- IJLLR Journal
- 2 hours ago
- 1 min read
Kaustubh Singh, Xavier’s Law School, St Xavier’s University, Kolkata
ABSTRACT
In today’s digital age, electronic evidence plays a pivotal role in both criminal and civil litigation. The Indian Evidence Act, 1872, as amended by the Information Technology Act, 2000, recognizes electronic records as documentary evidence. Section 65B of the Evidence Act provides a special procedure for the admissibility of electronic records, particularly when presented as secondary evidence. This paper examines the principles of electronic evidence, the mandatory nature of Section 65B certification, judicial interpretations across landmark cases, and practical issues surrounding fair trial and authenticity. It further analyzes the balance between procedural compliance, privacy concerns, and the necessity of relying on electronic evidence in modern courts.
