The Admissibility Of Digital Evidence In Modern Legal Systems: Challenges And Solutions
- IJLLR Journal
- Sep 29
- 1 min read
Prakriti Dutta, BA LLB (H), Symbiosis Law School, Pune
INTRODUCTION:
“Evidence is the bedrock of Justice; without it, the truth remains elusive, and justice is compromised.” Justice V.R. Krishna Iyer’s Pronouncement emphasizes the crucial role that evidence plays in the judicial system around the world. In light of the Indian context, the law of evidence was previously guided by the Indian Evidence Act of 1872; however, in order to incorporate technological and contemporary advancement and societal changes, it has been revised and renamed as the Bharatiya Shakshya Adhiniyam 2023. One of the key factors in the revised version, along with the removal of the colonial era reference, is the inclusion of Digital Evidence. Section 61 of the Bharatiya sakhsya Adhiniyam states that “Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the evidence on the ground that it is an electronic or digital record”. If we focus on the words “Nothing in this Adhiniyam,” the scope of admissibility of digital evidence will be expanded.
Research Question
Have recent technological advancements impacted the standards for the admissibility of digital evidence?
Whether the Bharatiya Sakshya Adhiniyam copiously addresses the challenges and practical solutions associated with digital evidence?
Whether the role of digital forensics is acknowledged in determining the admissibility of digital evidence, and how are the results assessed in court?
