Electronic Evidence in India: A Cyber Lawyer's Perspective on Case Laws under IEA and BSA

The digital realm has permeated every facet of modern life, leaving an indelible mark on the legal landscape. Electronic evidence, encompassing emails, messages, social media posts, and digital documents, has become a cornerstone in legal proceedings. India's legal system, recognizing this paradigm shift, has evolved to accommodate electronic evidence under the Indian Evidence Act, 1872 (IEA), and subsequently the Bharatiya Sakshya Adhiniyam, 2023 (BSA).

This blog post delves into the evolution of electronic evidence jurisprudence in India through landmark case laws, providing a comprehensive overview of the legal precedents under IEA and BSA up to 2025.

The Genesis: Electronic Evidence under IEA

The IEA, initially designed for a pre-digital era, received its first major amendment in 2000 with the introduction of Section 65B. This provision sought to address the admissibility of electronic records, acknowledging their growing significance in legal proceedings. However, the absence of a prescribed format for the certificate under Section 65B led to inconsistencies and challenges in judicial interpretations.

Landmark Case Laws under IEA:

Embracing the Digital Age: The Bharatiya Sakshya Adhiniyam, 2023

The introduction of the BSA in 2023 marked a significant step in aligning the Indian evidence law with the digital age. The Act repealed the IEA, introducing comprehensive changes, particularly in the realm of electronic evidence.

Key Changes under BSA:

Case Laws under BSA (till 2025):

As the BSA is relatively recent, case laws specifically interpreting its provisions are still developing. However, existing pronouncements under IEA continue to guide the admissibility and appreciation of electronic evidence.

Challenges and the Road Ahead

While the BSA represents a progressive step towards integrating electronic evidence, challenges persist:

Conclusion

The evolution of electronic evidence law in India reflects a continuous effort to adapt to the digital revolution. The BSA, with its progressive provisions, lays a solid foundation for a robust and technologically aligned legal framework. However, addressing the existing challenges, particularly clarifying the role of the "expert" and ensuring robust data protection mechanisms, remains crucial for the effective and just utilization of electronic evidence in Indian courts.

As a cyber lawyer, I remain optimistic about the future of electronic evidence in India. The legal system's proactive approach in embracing technology promises a future where justice prevails in the digital age.