Digital Forensics In Criminal Justice: Technological Evolution And Legal Framework In The Indian Context
- IJLLR Journal
- Mar 20
- 2 min read
Mr. Siddhant Naresh Pathak, BBA LLB (Hons.), School of Law, Christ University, Lavasa Campus, Pune
ABSTRACT
Cybercrime cases in India have been Increasing day by day and year after year in India, making digital forensic as an essential part of modern criminal justice system. Over 60% of the households are now connected to the internet. As the use of computers, smartphones, and the internet, crimes are also taking place more often in the digital space, which is why we need digital forensics for solving such cases. There is a rapid increase in the cases from 10.29 lakhs in 2022 to 22.68 lakhs in 2024.The paper explores the evolution of digital forensics in India, from basic data recovery and computer analysis to advanced methods involving mobile devices, cloud storage, and artificial intelligence. The paper deals with the legal framework that regulates the process of digital forensic in India. Focuses on the Information Technology Act 2000 and the Bharatiya Sakshya Adhiniyam, 2023 (particularly section 631), regulating the provisions and admissibility of electronic evidence in court. Judicial interpretation of these provisions has played a crucial role in shaping the admissibility of electronic records as seen in the landmark judgment of Anvar P.V. v. Basheer. Also, the right to privacy established in K.S. Puttaswamy v. Union of India and the Enactment of Digital Personal Protection Act, 2023. Furthermore the paper deals with challenges related to the cross-border mechanism like technical, legal and procedural challenges such as conflicts of jurisdiction, data being stored on overseas servers, and prolonged delays in obtaining evidence through Mutual Legal Assistance Treaties (MLATs) remains the persistent barrier. Since India is not a part of the Budapest Convention on Cybercrime underscoring the need for stronger global partnership. The paper further explores the significance of open-source software kali Linux which is widely used by forensic experts and cybersecurity for the purpose such as penetration testing, data recovery, and network analysis; however, it serves as a double- edged sword as it is also frequently misused by cybercriminals for unauthorized access, data theft, or covering digital traces.
