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Legal Standards For Admitting Digital Evidence In Court




Dr. Nainy Singh, Principal, Dr. Ambedkar Government Law College, Puducherry


ABSTRACT


The admission of digital evidence in court has become extremely pertinent, keeping in mind the paradigm shift in the legal diaspora. There is a paradigm shift in the notion of evidence due to the proliferation of cybercrime. The present research paper examines the legal standards governing the admissibility of digital evidence as per the law of the land. By virtue of its unique traits, the electronic evidence is susceptible to misuse and tampering which results in the abuse of justice. Delving into the Sections 65A and 65B, of Indian Evidence Act, introduced through Indian Evidence Act (Amendment) in 2000 under the aegis of Information Technology Act, 2000. These newly introduced provisions establish the legal presumption that electronic evidence is admissible in court subject to stringent conditions ensuring authenticity and integrity. The paper traces the evolution of admissibility standards, examines the pivotal role of forensic analysis, and considers the impact of recent legislative amendments under the Bharatiya Sakshya Adhiniyam, 2023.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

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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