ELECTRONIC EVIDENCE IN COURTS: ADMISSIBILITY, CHALLENGES, AND JUDICIAL APPROACH IN INDIA

The growing digitalization of human conduct has made the use of electronic evidence essential in today’s judicial process in India. This article focuses on the statute regarding the admissibility of electronic records in Section 65B of the Indian Evidence Act, 1872 and its succeeding sections of the Bharatiya Sakshya Adhiniyam, 2023. The development of the interpretation of the law is analyzed based on the landmark cases of Navjot Sandhu, Anvar P.V. and Arjun Panditrao. Further, the article outlines additional structural problems such as verification of authenticity, chain of custody requirements, and the failure of the certificate structure in dealing with algorithmic evidence and deepfake technologies. It is concluded from the article that even though the BSA represents a step forward legally speaking, there are still severe shortcomings in forensics.