Digital Justice: Analyzing The Role And Legal Admissibility Of Digital Forensic Evidence In India
- IJLLR Journal
- Mar 5
- 2 min read
Aditi Sharma, B.A. LL.B. (Hons.), Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India
Dr. Ratnesh Kumar Srivastava, Assistant Professor, Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India
ABSTRACT
The digital revolution in the country has also impacted crime, and subsequently law enforcement, and calls for use of digital forensic evidence to be used in a judicial process. This paper studies the quality of digital forensic evidence in the Indian legal system. It discusses the evolution of legislative provisions, such as the Information Technology Act, 2000, and amendments to the Bharatiya Sakshya Adhiniyam, which recognize the status of electronic records as admissible evidence. The establishment of the process of estimation was rooted from the various legal precedents including Anvar P.V. v. P.K. Basheer, and Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal and did play a role in enabling the procedural rules especially with respect to Section 63 certification. But discrepancies in judicial interpretation and procedural compliance still hinder the smooth adoption of the digital evidence. The main challenges are providing data integrity, securing the chain of custody, and addressing forensic infrastructure shortfalls. To add to the confusion, there is no formalized standard around emerging technologies like blockchain-based records or AI- generated deepfake evidence. The strengths and weaknesses of digital forensicevidenceinIndiaarebackedby casestudies—the2001Parliament attack and the Aarushi Talwar case. Summary: Specially, it proposes legislationforproceduralclarificationin itscollection,storesthestatestatus and in the forensic expertise of judicial employees. Ensuring mandatory disclosure of such evidence for fair trials and updating the existing procedures and protocols to interrogate digital evidence would enhance confidence in forensics and strengthen justice in the digital age.
Keywords: Digital Forensic Evidence, Indian Evidence Act, Section 63, Cybercrime, Blockchain, Chain of Custody, AI-generated Evidence
