Technology And Its Impact On Evidence Law

Anu Khanna, Amity University, Uttar Pradesh

1. Emergence of Electronic Evidence

In the digital age, electronic evidence has become increasingly prevalent in legal proceedings, posing new challenges and opportunities for evidence law. Electronic evidence encompasses a wide range of digital information stored or transmitted in electronic form, including emails, text messages, social media posts, digital photos, videos, and computer-generated records. The emergence of electronic evidence has fundamentally transformed the way information is created, stored, and communicated, necessitating adaptations in evidentiary rules and procedures to ensure the integrity, authenticity, and admissibility of digital records.

1.1 Legal Recognition and Admissibility

The legal recognition and admissibility of electronic evidence have been the subject of considerable debate and development in jurisdictions around the world, including India. In response to the proliferation of electronic records and transactions, Indian law has evolved to accommodate electronic evidence within the framework of the Indian Evidence Act, 1872, and other relevant statutes.

Key considerations regarding the legal recognition and admissibility of electronic evidence in India include:

Statutory Framework: The Information Technology Act, 2000 (IT Act) and its subsequent amendments provide the primary statutory framework governing electronic transactions and records in India. Section 4 of the IT Act recognizes electronic records as equivalent to paper documents and provides for their admissibility in legal proceedings, subject to certain conditions.