Admissibility of Digital Forensic Evidence Under the Bharatiya Sakshya Adhiniyam, 2023: Legal and Investigative Challenges for Law Enforcement

Abida S Laskar; Kuntala Roychoudhury; Lairenjam Dhanamanjuri Devi

doi:10.36948/ijfmr.2026.v08i02.74865

Admissibility of Digital Forensic Evidence Under the Bharatiya Sakshya Adhiniyam, 2023: Legal and Investigative Challenges for Law Enforcement

Author(s)	Abida S Laskar, Dr. Kuntala Roychoudhury, Dr. Lairenjam Dhanamanjuri Devi
Country	India
Abstract	The rapid expansion of digital technologies has reshaped the landscape of criminal activity as well as criminal investigation, making digital forensic evidence increasingly central to the administration of justice. Recognising this transformation, India enacted the Bharatiya Sakshya Adhiniyam, 2023 (BSA), replacing the Indian Evidence Act, 1872, and introducing a modern framework that explicitly acknowledges the evidentiary value of electronic records. Against this backdrop, this paper explores the admissibility of digital forensic evidence under the BSA and examines the practical challenges faced by investigators, forensic experts, and courts in handling such evidence. The study adopts a doctrinal research approach, analysing statutory provisions, judicial pronouncements, and procedural safeguards governing electronic evidence. It focuses particularly on issues such as authenticity, integrity, chain of custody, certification requirements, and the complexities involved in accessing cross-border digital data. While the BSA represents a progressive step toward aligning India's evidentiary law with technological advancements, the paper argues that legislative reform alone is insufficient. Persistent gaps in infrastructure, technical expertise, and institutional coordination continue to hinder the effective use of digital forensic evidence in criminal proceedings. The paper concludes by recommending practical reforms aimed at strengthening investigative capacity, improving forensic infrastructure, and ensuring greater reliability in the use of digital evidence within India's evolving criminal justice system.
Keywords	Digital Forensic Evidence, Bharatiya Sakshya Adhiniyam 2023, Electronic Records, Chain of Custody, Admissibility, Cybercrime Investigation, Indian Evidence Law.
Field	Sociology > Administration / Law / Management
Published In	Volume 8, Issue 2, March-April 2026
Published On	2026-04-16
DOI	https://doi.org/10.36948/ijfmr.2026.v08i02.74865

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Admissibility of Digital Forensic Evidence Under the Bharatiya Sakshya Adhiniyam, 2023: Legal and Investigative Challenges for Law Enforcement

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