Electronic Evidence Under Bharatiya Sakshya Adhiniyam: A Critical Analysis
- IJLLR Journal
- 6 hours ago
- 1 min read
Kanishka, Assistant Professor, Lala Ami Chand Monga Memorial Group of Institutions
Nikita Sharma, Assistant Professor, Puran Murti College of Law
ABSTRACT
The rapid digitalisation of communication and record-keeping has fundamentally transformed the nature of evidence in the criminal justice system. Recognising this shift, the Bharatiya Sakshya Adhiniyam, 2023 replaces the Indian Evidence Act, 1872 and formally accords electronic evidence a central position in evidentiary law. This paper critically examines the treatment of electronic evidence under the Bharatiya Sakshya Adhiniyam, with particular emphasis on its admissibility, evidentiary value, and procedural safeguards. The study analyses how the new legislation seeks to simplify and clarify the legal framework governing digital records, especially in comparison to the earlier regime dominated by Section 65B of the Indian Evidence Act, which was often criticised for its technical rigidity and inconsistent judicial interpretation. The paper further evaluates whether the Bharatiya Sakshya Adhiniyam effectively balances technological advancement with constitutional guarantees of fair trial and due process under Article 21 of the Constitution of India . While the new law reflects a progressive legislative intent by recognising the inevitability of digital evidence in modern trials, practical challenges relating to authenticity, chain of custody, cyber manipulation, and judicial capacity remain unresolved The study concludes that although the Bharatiya Sakshya Adhiniyam marks a significant step towards modernising evidentiary law, its success will ultimately depend on judicial interpretation, technological infrastructure, and continuous legal training, making the reform both promising and cautiously optimistic.
Keywords: Bharatiya Sakshya Adhiniyam, Electronic Evidence, Digital Records, Admissibility, Article 21, Chain of Custody, Cyber Manipulation, Evidentiary Law, Judicial Interpretation, Legal Reform.
