Admissibility of Electronic Evidence under the Bharatiya Sakshya Adhiniyam, 2023: A Critical Analysis of Evidentiary Standards and Judicial Challenges

Abstract

This research investigates the admissibility of electronic evidence in accordance with the Bharatiya Sakshya Adhiniyam, 2023 (BSA), as well as the ways in which it has evolved as a result of the introduction of new technologies and the evolving views of the courts. Consequently, as a consequence of the rapid digitisation of communication, enterprises, and governments, contemporary court procedures are significantly dependent on electronic data such as emails, CCTV footage, call logs, and social media posts. An examination of the development of electronic evidence laws in India is presented in this article. Beginning with the Indian Evidence Act of 1872 and continuing all the way up to the Information Technology Act of 2000, which includes Sections 65A and 65B, the study begins with the Indian Evidence Act. It also examines the ways in which earlier instances have influenced current laws. The purpose of this research is to analyse Sections 61 and 63 of the BSA, 2023. These sections recognise electronic recordings as valid evidence and clarify certification criteria while putting an emphasis on authenticity and reliability. A fair trial and due process are guaranteed by Article 21 of the Indian Constitution, and the purpose of this research is to determine whether or not the BSA, 2023 achieves a satisfactory balance between these two conflicting objectives. However, the study indicates that the eventual success of the BSA, 2023 will be contingent on judicial interpretation, technology infrastructure, and continued legal training. This is despite the fact that the BSA, 2023 has made a promising beginning to modernizing evidential law. In light of this, the reform needs to be handled with caution and optimism.