Digital Evidence In Cybercrime Investigation: Challenges Under The Bharatiya Sakshya Adhiniyam, 2023
Updated: Jul 26
Dr. Harsh Sharma, Assistant Professor, Government Law College, Dungarpur.
ABSTRACT
This study explores the admissibility of digital evidence under the Bharatiya Sakshya Adhiniyam, 2023, with particular emphasis on the legal and practical challenges involved in its implementation within the Indian judicial system. Employing a doctrinal research methodology, the study examines relevant statutory provisions, judicial precedents, and academic literature to evaluate the evolving framework governing electronic evidence. It analyses critical aspects such as the authentication of digital records, certification requirements, maintenance of the chain of custody, and the significance of digital forensic techniques in establishing evidentiary credibility. The research also assesses the implications of emerging technologies, including cloud computing and encryption, on the collection, preservation, and admissibility of electronic evidence. The findings suggest that although the Bharatiya Sakshya Adhiniyam, 2023 represents a significant step towards modernising the law of evidence by formally recognising electronic records, several practical concerns, including inadequate technical expertise, infrastructural limitations, and procedural complexities, continue to impede its effective implementation. The study concludes that a balanced framework combining robust legal safeguards with technological innovation is essential for ensuring the reliability and effectiveness of digital evidence in judicial proceedings.
Keywords: Digital Evidence; Bharatiya Sakshya Adhiniyam, 2023; Admissibility of Evidence; Electronic Records; Cybercrime; Digital Forensics; Chain of Custody; Authentication; Electronic Evidence; Legal Framework.
