A Comparative Study of Old and New Electronic Evidences

This research paper aims to investigate the existing legal framework for electronic evidence in India and its implications. Recent technological innovations have greatly influenced society, with electronic records now part of everyday life for people from all walks of life, ranging from the poor and the rich to businessmen and even criminals. All activities and transactions are presently recorded electronically, and the increasing number of cybercrimes, in which criminals take advantage of electronic equipment, has also emphasized the increasing significance of electronic evidence in legal proceedings. Thus, it is imperative to restructure, transform, and modify the laws regarding electronic evidence, as the legal system must evolve to match technology's development. The electronic evidence law was incorporated into the Indian Evidence Act via an amendment in 2000, while the Information Technology Act, of 2000, which also has provisions for electronic records, was enacted. Some amendments have then been added to Indian laws to respond to electronic records. Thus, the existing legal framework for electronic evidence in India must be critically assessed. The present paper strives to evaluate recent advancements in electronic evidence law and analyze the challenges concerning the current legal provisions.