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Drone-Generated Digital Evidence In India: Bridging The Gap Between The DGCA Drone Rules, 2021 And The Bharatiya Sakshya Adhiniyam, 2023

Oct 14
1 min read



Mridula Dharshini M, SASTRA Deemed University, Thanjavur


ABSTRACT


In India, drones have quickly transitioned from the military and hobbyist use to everyday civilian, commercial and law-enforcement applications — from crop surveys and infrastructure inspection to encroachment monitoring and criminal investigation. As their footage increasingly features in courtrooms, a key legal question remains mostly unaddressed: Is India’s current legal framework really equipped to deal with drone-generated evidence reliably? This paper argues that it does not. The Indian Drone Rules, 2021, made under the Aircraft Act, 1934, are almost exclusively concerned with airspace management, registration and operational compliance, and do not cover at all evidentiary aspects including data preservation, tamper-proofing and authentication.


The Bharatiya Sakshya Adhiniyam, 2023, in contrast, which modernises the treatment of electronic records under Section 63, was drafted keeping in mind conventional digital evidence such as call records, emails and CCTV footage and does not take into account the distinctive features of drone- captured data, which include geospatial metadata, flight-log correlation, live- streamed footage and cloud-based storage across multiple jurisdictions.


This paper doctrinally discusses the real-world implications of this divide such as inconsistent treatment by the judiciary, and the reduced reliability of drone footage in criminal and civil proceedings. This paper attempts to explore possible legislative and regulatory solutions to fill this void with particular reference to the need for clarificatory guidance under the Bharatiya Sakshya Adhiniyam and drone-specific chain-of-custody protocols.


Keywords: drone forensics; electronic evidence; Bharatiya Sakshya Adhiniyam, 2023; Drone Rules, 2021; Digital Sky Platform; Section 63; chain of custody



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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