How To Prove Electronic Evidence: Legal Framework, Challenges And Judicial Interpretation
- IJLLR Journal
- Nov 10
- 1 min read
Victoria Joshy, Haveli Institute of Legal Studies and Research
ABSTRACT
In today's digital age, electronic evidence has become a vital element in the administration of justice. As technology rapidly advances, communications and transactions are increasingly conducted electronically, making digital records such as emails, CCTV footage, WhatsApp chats, and electronic documents are essential in both civil and criminal cases. The legal framework in India that governs electronic evidence primarily stems from The Indian Evidence Act of 1872, specifically Sections 65A and 65B and from Sections 61 to 63 in The Bharatiya Sakshya Adhiniyam, 2023, in conjunction with the Information Technology Act of 2000. These provisions outline the procedures for the admissibility and proof of electronic records, highlighting the necessity of a certificate under Section 65B in The Indian Evidence Act, 1872 which is corresponding to Section 63 of The Bharatiya Sakshya Adhiniyam, 2023 to ensure their authenticity and reliability. Landmark judgments, like Anvar P.V. v. P.K. Basheer & Ors. and Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal & Ors., have clarified these provisions. Practical difficulties persist despite judicial advancements, highlighting the need for a unified approach and updated legal mechanisms to improve the evidentiary value of electronic records in court.
Keywords: Evidence, Electronic and Digital record, Admissibility, Prove, The Indian Evidence Act, 1872, The Bharatiya Sakshya Adhiniyam, 2023, The Information Technology Act, 2000.
