Reforming Cybercrime Investigation In India: A Forensic And Legal Framework Approach
- IJLLR Journal
- Jul 13
- 2 min read
Jayaditya Sharma, Symbiosis Law School, Hyderabad
ABSTRACT
In this information-drenched research paper, we explore the integration of digital forensics within India's evolving legal landscape, particularly under the newly introduced Bhartiya Nyaya Sanhita and other laws, which expand the scope for the admissibility of electronic evidence. The study focuses on the probity and procedural integrity of digital evidence, identifying the strengths and gaps in India's legal infrastructure for cybercrime prosecution. With the Bhartiya Sakshya Adhiniyam (BSA) recently classifying electronic evidence as Type 1 evidence, its role in enhancing evidentiary weight in cybercrime investigations has gained renewed significance. This classification underscores the critical need for standardized forensic protocols to ensure the reliability and admissibility of digital traces, in alignment with both Indian and international legal frameworks. The paper employs a doctrinal method, analysing relevant provisions of the Information Technology Act and other statutory frameworks governing electronic evidence. It further compares India’s legal mechanisms with global best practices, emphasizing how collaborations with organizations like the BSA Alliance have bolstered enforcement efforts. In light of rising cybercrime, this paper argues that India's legacy systems are struggling to adapt to the dynamic nature of digital offenses. The conclusion highlights the legislative and procedural lacunae that persist, asserting that without targeted reforms and capacity-building measures, India’s justice system will remain inadequately equipped to handle the complex demands of digital-age crimes. As India stands on the brink of a full-fledged digital transformation, the legal framework must evolve in tandem to ensure that justice mechanisms remain agile, credible, and technologically robust. The paper also highlights the urgent need to institutionalize uniform standards for the collection, preservation, and presentation of electronic evidence in Indian courts, ensuring consistency and reliability across jurisdictions. This becomes imperative as cybercrimes increasingly exploit jurisdictional gaps, anonymity tools, and cross-border platforms to evade detection and prosecution within traditional investigative frameworks.
Keywords: Digital Forensics, BSA Alliance, Electronic Evidence, Cyber Crime, Bhartiya Nyaya Sanhita, Information Technology Act, Type 1 Evidence, Criminal Justice System, Cyber Law, Evidentiary Standards.
