Electronic Evidence And Criminal Justice In India: An Empirical Study Of Judicial And Investigative Challenges Under The Bharatiya Sakshya Adhiniyam, 2023

Chanchal Meena; Pooja Jain

doi:10.36948/ijfmr.2026.v08i05.89217

Electronic Evidence And Criminal Justice In India: An Empirical Study Of Judicial And Investigative Challenges Under The Bharatiya Sakshya Adhiniyam, 2023

Author(s)	Ms. Chanchal Meena, Dr. Pooja Jain
Country	India
Abstract	Electronic records including emails, messages, social media postings, papers, CCTV video, and gadget data are used in criminal proceedings. Rapid digital technological development has revolutionised evidence presentation. As digital evidence becomes more important in trials, the Indian government approved the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaced the Indian Evidence Act, 1872. Under Section 61, digital and electronic recordings are main evidence, replacing Section 65B, which was often condemned for its uneven judicial interpretation and technical conservatism. This mixed method research examines how the Bharatiya Sakshya Adhiniyam, 2023 has changed criminal digital evidence processing and admissibility. For example, Section 63 requires electronic records to be accompanied by an authenticity certificate signed by both the device's owner and an expert to ensure chain of custody. The doctrinal part also covers digital signatures, secondary evidence, evidentiary presumptions, and electronic records. In using the new legal framework, advocates, court officials, police detectives, forensic professionals, and law professors provide feedback. The study examines procedural compliance, legal issues in gathering and storing digital evidence, law enforcement's technological capabilities, and the Act's ambiguity on expert qualifications for evidence authenticity, chain of custody, cyber manipulation, and certification. Despite BSA's significant legal enhancement to electronic evidence, digital forensics infrastructure, training, data quality, procedural uniformity, and court capacity still limit its application. Research concluded that the new framework can only be implemented effectively if the criminal justice system as a whole undergoes legislative reform, institutional preparation, technological development, and continual capacity building.
Keywords	Bhartiya Sakshya Adhiniyam 2023, Electronic Evidence, digital forensics, admissibility, judiciary Judicial Interpretation, Legal Reform.
Published In	Volume 8, Issue 5, September-October 2026
Published On	2026-10-10
DOI	https://doi.org/10.36948/ijfmr.2026.v08i05.89217

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Electronic Evidence And Criminal Justice In India: An Empirical Study Of Judicial And Investigative Challenges Under The Bharatiya Sakshya Adhiniyam, 2023

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