Electronic Evidence And Wrongful Conviction: Judicial Caution In Digitally Driven Prosecutions
- IJLLR Journal
- May 31
- 2 min read
Dr. Mamta Kumari, Assistant Professor, Faculty of Law, ICFAI University
Yashpreet Kaur, LL.M., Faculty of Law, ICFAI University
ABSTRACT
In Indian criminal trials, debates focus on the validity of electronic evidence and wrongful convictions as a matter of complexity, justice, and restraint. This paper discusses the Indian judiciary's position on prosecutions based on mobile data, call logs, and other digital evidence. The greatest risk is the over-reliance on modern technology by the judiciary, rather than the technology itself. The author employed a doctrinal approach to the Bharatiya Sakshya Adhiniyam, 2023, and the Bharatiya Nagarik Suraksha Sanhita, 2023, and leading cases from the Supreme Court of India to assess the jurisdictions of the admissibility of evidence, custody, and the disclosure of evidence as part of the judicial reasoning. The new laws recognize the existence of electronic material and evidence produced during the discovery process, but also acknowledge the process and require certificates, identifiers, and restrictions to the recordings of the search and seizure in the evidence collection process. The author has noted the dual approach to reasoning drafting employed by the courts in this area. The courts are addressing the issue of electronic evidence and determining the admissibility of evidence to decide the relevant value of the evidence in the case. Mohd. Arif alias Ashfaq, Rahil, Chandrabhan Sudam Sanap, and Pooranmal, are cases that critique the lack of evidence, defunct CCTV systems, and unproven claims regarding mobile communication network data. This paper relies on evidence from the 2021 to 2023 cybercrime case data from the courts, and the available cyber-policing resources, illustrating the expanding scope of digital prosecutions. The judicial system prioritizes constitutional protections over technological advancements that may lead to false convictions. In order to protect the rights of the accused, judicial procedures demand the lawful origination, substantive legal access to defend, minimal reliance on, and reasoned corroboration to electronic material that may lead to criminal convictions.
Keywords: Electronic evidence; wrongful conviction; admissibility; Section 63 certificate; proper custody; cloned copy; call detail records; cell tower location; digital forensics.
