Digital Forensics And Electronic Evidence In India: Admissibility, Integrity And Due Process Under The Bharatiya Sakshya Adhiniyam, 2023

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Pooja Singh, BA LLB, Amity University Gwalior

ABSTRACT

The rapid digitization of society has transformed the nature of crime and criminal investigation in India. Electronic evidence such as mobile phone records, CCTV footage, emails, cloud data, and social media communications now plays a decisive role in criminal trials. The enactment of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) marks a significant shift from the colonial-era Indian Evidence Act, 1872 in regulating the admissibility of electronic evidence. This paper critically examines the legal framework governing digital forensics and electronic evidence under the BSA, with particular focus on admissibility standards, integrity of evidence, chain of custody, and due process safeguards. It analyses key judicial precedents such as Anvar P.V. v. P.K. Basheer and Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal to highlight challenges in authentication and certification of electronic records. The paper further evaluates practical difficulties faced by investigating agencies and courts in handling digital evidence and proposes reforms including uniform Standard Operating Procedures (SOPs), judicial training in cyber forensics, and independent forensic oversight mechanisms. The study concludes that while the BSA, 2023 is a progressive reform, effective implementation is essential to prevent misuse and miscarriage of justice.

Keywords: Digital Forensics; Electronic Evidence; Bharatiya Sakshya Adhiniyam, 2023; Admissibility; Chain of Custody; Due Process.

871. DIGITAL FORENSICS AND ELECTRONIC EVIDENCE IN INDIA- ADMISSIBILITY, INTEGRITY AND DUE

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