Open Access Research Article
DIGITAL EVIDENCE UNDER THE BHARATIYA SAKSHYA ADHINIYAM, 2023: A CRITICAL ANALYSIS OF ADMISSIBILITY, AUTHENTICITY, AND FAIR TRIAL RIGHTS
Abstract
The rapid digitization of modern society
has fundamentally reconfigured the landscape of criminal
investigations, forensic science,
and judicial decision-making, elevating electronic records,
digital media, and virtual artifacts to the forefront of modern
evidentiary presentation. In India, the legislative repeal of the century-old
Indian Evidence Act, 1860 (IEA) and the enactment of the Bharatiya Sakshya
Adhiniyam, 2023 (BSA) represent an ambitious legislative endeavor to modernize, streamline, and standardize statutory
rules governing electronic proof across civil and
criminal proceedings. Under the newly enacted BSA, digital evidence is formally
integrated into the statutory core alongside primary and secondary evidence,
supported by modified certification protocols. However, the
institutional reliance on electronic media introduces distinct operational,
technical, and constitutional challenges regarding data integrity, metadata
volatility, chain of custody preservation, law enforcement technical capacity, and the accused’s fundamental right to a fair trial
under Article 21 of the Constitution of India.
This paper presents an exhaustive, mixed-methods
socio-legal evaluation of the statutory, theoretical, and practical
architecture surrounding digital evidence under Sections 61, 62, and 63 of the
Bharatiya Sakshya Adhiniyam, 2023. Combining a rigorous doctrinal analysis of
statutory provisions, legislative reports, and judicial precedents from Navjot Sandhu to Arjun Panditrao Khotkar with an empirical field study conducted
among legal practitioners, law students, academics, and cross-disciplinary stakeholders (n=14), this study investigates whether
current procedural safeguards
adequately protect judicial proceedings against digital manipulation,
unverified extractions, and technical state bias. The empirical findings reveal
significant institutional skepticism regarding law enforcement technical
readiness (92.9\% reporting inadequate or only partial technical resources),
alongside overwhelming consensus on the necessity
of independent judicial access to forensic expertise and mandatory cryptographic hashing
protocols. The paper concludes that while the BSA successfully elevates digital records
within the statutory
framework, systemic structural reforms—including mandatory cryptographic
hashing standards, statutory defense rights to forensic raw data, and
institutional capacity building—are essential to operationalize fair trial
guarantees in the digital age.
Published Paper
Author Details
Authors: DIKSHARegistration ID: 1013300 | Published Paper ID: IJLRA13300Year: Oct-2026 | Volume: 3 | Issue: 7Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 527- 550
Article Information
DIGITAL EVIDENCE UNDER THE BHARATIYA SAKSHYA ADHINIYAM, 2023: A CRITICAL ANALYSIS OF ADMISSIBILITY, AUTHENTICITY, AND FAIR TRIAL RIGHTS
Authors: DIKSHA
- 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
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