Digital Evidence In The Era Of Artificial Intelligence: A Doctrinal Study Of Admissibility, Authenticity, And Evidentiary Integrity Under The Bharatiya Sakshya Adhiniyam, 2023
Rudra Prasad Rimal, LLM (Criminal Law), Faculty of Law, the ICFAI University, Gangtok, Sikkim.
Dr. Joshika Thapa, Assistant Professor, Faculty of Law, the ICFAI University, Gangtok, Sikkim.
ABSTRACT
The increasing digitisation of human activity has fundamentally transformed the administration of criminal justice. Electronic records such as emails, mobile phone data, social media communications, surveillance footage, cloud-based records, and digital transactions have become indispensable sources of evidence in contemporary criminal investigations. Recognizing this technological transformation, the Parliament enacted the Bharatiya Sakshya Adhiniyam, 2023, replacing the Indian Evidence Act, 1872 and introducing a modern evidentiary framework for the digital era. While the new legislation represents a significant step towards accommodating electronic records within judicial proceedings, the rapid emergence of artificial intelligence, deepfake technology, synthetic media, and algorithmic manipulation has created unprecedented challenges relating to evidentiary authenticity and reliability. This article examines the evolution of electronic evidence in India, analyses the treatment of digital evidence under the Bharatiya Sakshya Adhiniyam, 2023, and evaluates the implications of artificial intelligence for criminal adjudication. It argues that the future of evidence law must move beyond questions of admissibility and focus increasingly upon authenticity. The article further proposes an authenticity- centred evidentiary framework that integrates legal doctrine, forensic science, technological expertise, and institutional preparedness to ensure the continued integrity of judicial truth-finding in the age of artificial intelligence.
Keywords: Digital Evidence, Bharatiya Sakshya Adhiniyam, Artificial Intelligence, Deepfakes, Electronic Records, Criminal Justice, Forensic Science, Authentication
