Challenges In Digital Forensics And Cyber Evidence In Indian Courts
- IJLLR Journal
- Nov 20
- 1 min read
Mr Ashish Shahi, Assistant Professor, Khwaja Moinuddin Chisti Language University Lucknow.
Introduction
The digital age has transformed the criminal justice landscape by making electronic data ubiquitous in investigations. Crime today often involves computers, smartphones, cloud services and social media, producing vast amounts of “cyber evidence.” In response, India’s legislature and judiciary have struggled to adapt 19th-century laws to 21st-century technology. The Information Technology Act, 2000 introduced legal recognition of electronic records, and in 2023 the Bharatiya Sakshya Adhiniyam (BSA) replaced the Evidence Act, 1872 to explicitly include digital evidence. However, the legal framework remains fraught with ambiguities and gaps. As one recent study notes, “Digital evidence is defined vaguely, there are no established standards for its preservation or analysis, and no set protocols for its presentation in court”. The courts and legislature have repeatedly noted that without clear procedures, proof based on electronic records is vulnerable to manipulation. For instance, the Supreme Court warned that relying on unsafeguarded electronic records could lead to a “travesty of justice”. This chapter examines the principal legal challenges in admitting and handling digital evidence in India, focusing on admissibility under the Evidence Act, chain-of-custody and authenticity concerns, compliance with procedure, judges’ technological capacity, and specific issues under the IT Act, Evidence Act/BSA and CrPC. Throughout, we cite key Indian cases and recent legal reforms (up to 2025) relevant to cyber forensics and electronic proof.
Legal and Statutory Framewor
kIndian Evidence Act (and Bharatiya Sakshya Adhiniyam)
Prior to the digital era, the Indian Evidence Act, 1872 did not contemplate electronic records.
