Open Access Research Article
ADMISSIBILITY AND EVIDENTIARY VALUE OF AI-GENERATED DIGITAL EVIDENCE UNDER THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
Abstract
The Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023 and Bharatiya Sakshya Adhiniyam (BSA), 2023 are the two
most important changes in the Criminal Justice System of India by way of
statutes. But the rise of artificial intelligence (AI)-created content and
deepfakes poses a major evidentiary issue that threatens to throw this balance
off. This paper aims to assess the admissibility and probative value of
AI-generated digital evidence within the framework of the BNSS and BSA.
According to the analysis of Section 63 of the BSA, the certification system
and reliance on cryptographic hash values are primarily used to ensure data
integrity after the media have been created, but are not sufficient to stop the
production of fake media at the time of creation. In addition, the operational
challenges of the BNSS procedures, including collection and mandatory forensic
collection, are significant because of the absence of an institutional
infrastructure. The paper proposes moving from statutory admissibility to a reliability
standard for judicial assessment, which should involve transparency of the
algorithms, independent corroboration, and specialized forensic assessment, to
ensure constitutional guarantees of a fair trial.
Published Paper
Author Details
Authors: SHAISTA NAAZRegistration ID: 1013387 | Published Paper ID: IJLRA13387Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 1441- 1459
Article Information
ADMISSIBILITY AND EVIDENTIARY VALUE OF AI-GENERATED DIGITAL EVIDENCE UNDER THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
Authors: SHAISTA NAAZ
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.