SCHOOL OF LAW

RESEARCH PAPER
“IT Act and Digital Evidence: Admissibility in Indian Courts”

Submitted By -
Taruni Nakshatra Gadepalli
SL21ULBB021

Submitted to –
Assistant Professor Raneeta Pal
School of Law, Mahindra University

1
 TABLE OF CONTENTS

INTRODUCTION:....................................................................................................................3

STATEMENT OF PROBLEM:..................................................................................................4

RESEARCH OBJECTIVE:.......................................................................................................4

RESEARCH QUESTIONS:.......................................................................................................5

HYPOTHESIS...........................................................................................................................5

RESEARCH METHODOLOGY:..............................................................................................5

HISTORICAL EVOLUTION....................................................................................................6

CRITICAL ANALYSIS.............................................................................................................7

Legal Framework Governing Digital Evidence.....................................................................7

Judicial Interpretation of Digital Evidence.............................................................................9

Challenges in Admissibility of Digital Evidence.................................................................10

Data Privacy and Protection Concerns.................................................................................13

CONCLUSION........................................................................................................................14

BIBILOGRAPHY AND REFERENCES.................................................................................15

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 “IT ACT AND DIGITAL EVIDENCE: ADMISSIBILITY IN INDIAN
COURTS ”

INTRODUCTION:
The IT Act, 2000 comes into picture concerning the growing need of a legal framework
regulating electronic transactions and cyber activities. The digital economy is on a high rise,
accompanied by an increase in the importance of electronic records and digital evidence in
both civil and criminal matters.1 The IT Act lays down provisions for the recognition of
electronic records, making them legally valid and admissible in Indian courts. Section 63 2 of
Bharatiya Sakshya Adhiniyam, provides the much-needed framework establishing the
conditions for the admissibility of electronic evidence like emails, social media content,
digital contracts, and forensic evidence. Digital Evidence shall range in its form as an original
and unaltered. Due to this tampering and alteration ease, these pieces of evidence are often
subjected to questions about their authenticity and reliability. Hence, the courts have taken up
stringent standards for the clear determination of such evidence. The same idea has come into
prominence in famous cases like Anvar P.V. v. P.K. Basheer 3 , where the Supreme Court of
India stressed that electronic records need interfacing with a certificate under Section 65B 4 to
ensure their integrity, thus defining the provisions of admissibility. This theme has taken
relevance, especially in this era of widespread cybercrime intensified by digitalization in
various sectors. The blend of development in technology and protection of personal rights in
India against it includes concerns of privacy and data protection, making IT Act with Legal
evidence very critical for legal research today. The law on admissibility for digital evidence
holds a treasure house of learning in ensuring justice in an ever-changing digital landscape.
The main approach for enacting this information technology act is to tackle the growing need
of a legal structure in the country, which completely covers all aspects of electronic
transactions and cyber activities, all emerging in the digital economy. Electronic records and
digital evidence have become very much significant features of both civil and criminal
matters due to such a new development. 5 The IT Act thus provides the basis for recognizing

1
Shreyansh Pandey, A Brief Overview of Information and Technology Act, 2000. (2023)
2
Section 63, Bharatiya Sakshya Adhiniyam, 2023.
3
AIR 2015 SC 180
4
Section 65B, Indian Evidence Act, 1872.
5
Supra Note 1

3
electronic records as legally valid and admissible in Indian courts. In addition, under Section
636 of Bharatiya Sakshya Adhiniyam, prominent will be the admissibility conditions for
several electronic evidence, such as emails and social media content, digital contracts, and
forensic data. Digital evidence is often questioned for alterability or tampering ease with
which that evidence can be put forward and hence must involve strict requirements by courts
to be original and unaltered. Such is the terminology laid down by the Supreme Court of
India regarding cases such as Anvar P.V. v. P.K. Basheer 7 , making it mandatory for an
electronic record to be duly certified under Section 65B 8 for its integrity, thereby laying down
the laws of admissibility. This subject-with the omnipresent speed of increasing penetration
by cybercrimes, uncertainty thereby enveloping the entire sector-is made more relevant. With
this come rights such as the only technological advancement of the computers into the normal
scheme of things while still under the Indian legal framework, for example: privacy and data
protection making IT Act and digital evidence very critical for modern legal research.
Learning how the admissibility of digital evidence works is important to ensure justice in
what is called a changing digital environment.

STATEMENT OF PROBLEM:

The growing inclination toward digital media for communication, business, and record
keeping seems to have made electronic records and digital evidence indispensable in legal
proceedings. In India, however, the admission of this kind of evidence into the courts is beset
with challenges concerning authenticity, reliability, and compliance with the procedural
requirements laid down otherwise under Section 63 of the Bharatiya Sakshya Adhiniyam.
Amendments and judicial pronouncements have not really clarified and made consistent the
application of these provisions. This research seeks to solve the problem of making digitally-
generated evidence admissible while ensuring its integrity as part of a growing framework of
technology in the precaution of legal standards in Indian courts.

6
Supra note 2
7
Supra note 3
8
Supra note 4

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RESEARCH OBJECTIVE:

 Ascertain the legal frame which regulates the admittance of digital evidence in India
courts and what role judicial interpretation plays in the perception of digital evidence
admissibility.
 Examine challenges regarding authenticity, reliability and certification of sampled
digital evidence in an Indian court.
 Recommend how to clear the passage for effective use of digital evidence in legal
proceedings while guaranteeing appropriate and just results.

RESEARCH QUESTIONS:

1) How has the Information Technology Act, 2000, influenced the admissibility of digital
evidence in Indian courts?
2) How do Indian courts determine the authenticity and reliability of digital evidence?
3) What are the privacy and data protection concerns associated with using digital
evidence in legal proceedings?

HYPOTHESIS

The theoretical framework listed below is sought. Analyses shall be conducted upon the
research questions. Accordingly, the objectives of the study have been taken into
consideration while formulating the following set of hypothesis.

Hypothesis I:

H1: The increasing reliance on digital evidence in Indian courts has exposed gaps in the legal
system, particularly in the handling of issues related to tampering and data manipulation.

For the entire hypothesis, the dependent variable is IT Act. I am exploring the Admissibility
of Digital Evidence in Indian Courts

RESEARCH METHODOLOGY:

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This research shall use both the qualitative and the quantitative research methodology. This
will be utilized to gather data and analyze the IT Act and the Admissibility of Digital
Evidence in Indian Courts. The objective of the study is to explore and analyze the
Admissibility of Digital evidence under the IT Act. Identifying the relevant laws, regulations,
and legal principles associated with IT Act will help to get a clear understanding the laws,
regulations and other legal principles connected with agriculture land should be considered.
The resources will further be reviewed with an aim of understanding patterns, legal
provisions, and effects. As with all the data gathered from case analysis and legal literature
reviews all the data collected will be transcribed, coded and categorized. Human subjects
protection will be followed in the study including the ethical and regulatory requirement.

HISTORICAL EVOLUTION

The historical development of laws governing Information Technology (IT) in India has
served to respond to the opportunities and challenges posed by the digital revolution. Up till
the promulgation of India’s IT Act, 2000, the Indian legal system was primarily governed by
laws like the Indian Penal Code and the Indian Evidence Act. These traditional laws, while
exhaustive in the area of conventional crimes, lacked provisions to handle cybercrime,
electronic evidence, and the overall needs of a digital economy. The demand for such a strong
legal framework emerged in the 1990s, when the revolution in internet technology changed
communication, commerce, and the whole of governance. Absence of legal recognition of
electronic transactions, digital signatures, and online contracts became the biggest hindrance
to growth of e-commerce and safe online interactions. 9 Also emerging were cyber crimes like
hacking, identity theft, and data breaches, where the gaps in existing laws were quite
apparent. India's journey toward a structured IT legal framework got institutionalized by
foreign inspiration. The template for recognizing electronic records and transactions was
provided by the United Nations Commission on International Trade Law Model Law on
Electronic Commerce (1996).10 This model was adopted to imprint the Information
Technology Act, 2000 in India, which itself became a pillar of digital governance in the
country. The IT Act, 2000, passed on June 9, 2000, and which commenced operations on
October 17, 2000, endeavors to e-governance, facilitate electronic transactions, and keep the
9
Basu, Subhajit & Jones, Richard. E-commerce and the law: A review of India's Information Technology Act,
2000. Contemporary South Asia (2003)
10
id

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so-called cyber-crime at bay.11 It also provided for the legal recognition of electronic records
and digital signatures for use in legal, commercial, and government transactions and defined
various offenses such as hacking. Electronic publishing of obscene materials and tampering
with computer source documents have penalties for these acts. There existed the IT Act,
which created history; scant time was left when technology needed to update itself to cater to
the emerging issues. This concerned the IT Amendment Act of 2008 to broaden the original
legislation. The main aspects of this amendment were: Enhanced Cybercrime Provisions
Incorporation of new offenses such as identity theft; cyberstalking; phishing; and spamming.
Added dimension to Data Privacy and Protection by stipulating rights for intimate personal
information and placing a primary accountability on intermediaries for protection of the user
data.12 The Intermediary Liability Clarified the role and liability of intermediaries such as
internet service providers, and social media platforms with respect to safe harbor, in certain
circumstances. Further Provisions Strengthening Cyber Security: Formation of Indian
Computer Emergency Response Team (CERT-In) for monitoring, prevention, and response to
cybersecurity incidents. IT Act also has amendments pertaining to other statutes. The Indian
Evidence Act has now also been amended to accept electronic evidence and the IPC has been
amended to enter cyber offenses as well. 13 This path shows India's alignment with the
requirements of the digital era.

CRITICAL ANALYSIS

Legal Framework Governing Digital Evidence

The legal framework pertaining to digital evidence in India is crucial for maintaining justice
in a technologically oriented world. Digital evidence is defined as that information which is
received or stored in an electronic format capable of being sought for in legal proceedings. It
is becoming increasingly important in civil, criminal, and administrative matters, due to
which some old provisions were amended and even new ones introduced to validate and
handle such evidences.14 Recognition of Digital Evidence the IT Act and its subsequent
amendments have been a milestone in conferring legal validity to digital evidence in India.
11
id
12
Rishav Upadhyay DR Pratiksha Bharadwaj , Legal Framework of E- Commerce in India, International Journal
for Interdisciplinary Research, Vol 6 Issue 1, 2024
13
id
14
id

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Section 2(1)(t)15 of the IT Act speaks about "electronic record"-any data, record or
information generated, received or stored electronically. This ensures that electronic
documents have equal validity to their paper counterparts. Further, the earlier Section 65A 16
and inclusion of Section 65B17 into the Indian Evidence Act, 1872, as a result of the IT Act
amendments specifically address the admissibility of electronic records. Section 65B 18 makes
the requirement that the electronic evidence be accompanied by a certificate provided by the
person who was in charge of the device through which the data is retrieved. Such a certificate
serves as assurance for the integrity of the digital evidence and its admissibility before the
courts. The Admissibility of Digital Evidence Digital evidence is admissible to a court only
when it passes some legal test: 1-Relevant: Evidence must be relevant to the case-in-hand:
Authenticity: The electronic record must be proved to have origin and integrity: Compliance
with Section 65B19, The evidence must be appended with a certificate confirming the
technical process by which the record is made. In the case of Anvar P.V v. P.K. Basheer 20 it
was held by the SC that the electronic evidence without certificate was inadmissible. this
court ruling emphasized the need to comply with the statutory requirements to establish the
reliability of digital evidence. Role of Other Statutes The other acts supplement the digital
evidence law: Code of Criminal Procedure, 1973 the provisions in Sections 91 and
311empower the court to summon and examine the digital records as evidence. Indian Penal
Code, 1860 Amendments made to the IPC brought such cyber crimes within the category of
offences that can be prosecuted with electronic evidence. IT Act, 2000 Penalties for
tampering with electronic records are provided under this Act, securing the integrity of such
records. Challenges of Digital Evidence In spite of this very solid framework, digital
evidence has many challenges, Tampering Forgery, Alteration is so easy and happens by
electronic means. In a paper presented at the 22nd Annual Conference of the Asian Academy
of Applied Business, held in Malaysia on February 7-9, 2016, the author states that most
courts and investigating agencies lack technical know-how to grapple with this digital
evidence. Jurisdictions Problems, There will be no evidence retrieval beyond the borders of
India because the stored data is located in servers outside India. 21 There must be emerging

15
Section 2(1)(t), Information Technology Act, 2000.
16
Section 65A, Indian Evidence Act, 1872.
17
Supra note 4
18
id
19
id
20
Supra note 3
21
Pillai, Aneesh. Admissibility Of Digital Evidences: An Overview Of The Legislative And Judicial Perspective.
2020

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trends to keep pace with the dynamic advancements such as blockchain, cloud computing,
and artificial intelligence. Initiatives like digital forensics training and judicial awareness
programs are also crucial in the frontline for tackling problems due to digital evidence.

Judicial Interpretation of Digital Evidence

The judgment in Anvar P.V. v. P.K. Basheer 22 created strict thresholds in procedures when it
came to admissibility of digital evidence. Any electronic record must be accompanied by
Section 65B certificate issued by the person who is responsible for operating the device from
which any evidence has been derived. This judgment made a clear departure from previous
interpretations like in State (NCT of Delhi) v. Navjot Sandhu 23 , wherein the electronic
evidence could be admitted under the general rules of secondary evidence. The case of Anvar
stressed that digital evidence without the mandatory certificate would be rendered
impermissible, thereby upholding statutory compliance in preserving the credibility of
electronic records. Further elucidation of the provision by the Apex Court could be seen in
the case of Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal 24 , as it ruled that the
certificate is compulsory but can be produced afterwards if obtaining it at the time of
submission is impractical, especially when the electronic record is in the custody of a third
party. This ensures that the procedural stringency of Anvar is balanced with the practicality of
avoiding obstructive technicalities to justice. Courts have also discussed the aspect of
authenticity and integrity of digital evidence in several cases. In Tomaso Bruno v. State of
Uttar Pradesh25 , the Supreme Court recognized the evidence value of CCTV footage though
with proof of authenticity, while similar measures have been used in even cyber crimes
involving social media and call data records where a lot depended on forensic analysis and
experts' testimony for authentication of the evidence. These measures are meant to combat
manipulation and tampering which are part and parcel of digital data. This judgment
established stringent procedural conditions for the admissibility of digital evidence. The
Supreme Court also declared that no electronic record would be admitted in evidence unless
it was accompanied by a Section 65B26 certificate given by the person having control over the
instrument on which the evidence was flung . These digital records are not apparent in form
and can be easily manipulated without any detection of change. Therefore, their traceability
22
Supra note 3
23
2005 11 SCC 600
24
2020 (3) SCC 216
25
2015 (7) SCC 178
26
Supra note 4

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has raised serious questions regarding their credibility. To reduce this risk, the courts mostly
insist on adhering to prescribed procedures along with forensic experts being engaged in
establishing the digital evidence's originality. 27 Another challenge comprises jurisdictional
issues concerning cross-border digital evidence. Crossing the borders to obtain information
has often been made an illusion by the foreign servers where the data is kept. The Indian
courts have also suffered some problems accessing such evidence due to the variance in
international legal frameworks and data protection laws. Such issues can only be faced by
combining arms with foreign governments in order to adhere to international protocol on
evidence sharing. Another critical hurdle will be the lack of technical competence among the
judicial officers and law enforcement agencies. Specialized knowledge about technology,
forensic tools, and data analysis is essential to dealing with digital evidence, and recognizing
this gap is what is driving the initiative for judge, lawyer, and investigator training in digital
forensics. Also contributing to some extent is judicial sensitivity to technological
advancements and reliance on expert testimony. Emerging technologies, such as blockchain,
artificial intelligence, and cloud computing, emerge with new challenges as far as judicial
interpretation of digital evidence is concerned. Blockchain technology, for instance, provides
immutable records, however, understanding its mechanics and integrating it with existing
rules in terms of evidence has to be done by legal innovation on a broad scale. Also, the
growing dependence on artificial intelligence.

Challenges in Admissibility of Digital Evidence

Various challenges remain in the admissibility of digital evidence in India, even with
advancements such as the Indian Evidence Act of 1872 and the Information Technology Act
of 2000 to facilitate the same. The first among these challenges is the proof of authenticity
and integrity about digital evidence. The digital evidence itself is most susceptible to
tampering, alteration, and forgery. Digital evidence is intangible. Therefore, it renders itself
most vulnerable to manipulation, thereby making the verification of this evidence a very
crucial step. Under section 65B of the Indian Evidence Act added through the Information
Technology Act- a certificate to authenticate electronic records is required before they can be

27
Mallick, Md & Nath, Rishab, Navigating the Cyber security Landscape: A Comprehensive Review of Cyber-
Attacks, Emerging Trends, and Recent Developments, 2024.

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admitted in court.28 Although this promotes authenticity, it has created practical issues,
especially in cases where evidence is in the hands of third parties or stored and kept in
foreign servers. The lack of the said section 65B 29 certificate, which attests the electronic
record's authenticity and that it was generated and retrieved in the required manner, can
actually be an impediment to the process, causing delay in justice or even the denial of
important evidence. This requirement, hence, has become a sticking point for the court to
deliver justice and might result in the judgment getting delayed or might even deny critical
evidence. The Anvar P.V. v. P.K. Basheer 30 judgment of the Supreme Court of 2014, which
promulgated strict norms concerning the admission of digital evidence, also made it clear that
this requirement had been established as an assurance against fraudulent data and as a barrier
for those who fail to fulfill the technical and procedural aspects of the law. The Arjun
Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) case 31 It simply stated that, while
the certificate is mandatory, it can be produced at a later stage if procuring it at the time of
submission proves a challenge. However, this case does not entirely solve the issues in
compliance with Section 65B, particularly in instances that may involve complex or
voluminous data. The question of jurisdiction, with respect to admissibility of digital
evidence, still remains an important factor. Because digital data often resides on servers
outside India, legal practitioners and law enforcement agencies find it hard to access and
recover such evidence as a result of discordant international data protection laws and
restrictions imposed by foreign jurisdictions. Furthermore, this is made worse by the fact that
there are no uniform or standard procedures in place for cross-border cooperation or
cooperation in gathering evidence. The Mutual Legal Assistance Treaties pose a problem in
that they solicit the exchange of such evidence between countries but tend to be slow and
cumbersome. Thus, they frequently delay the timely collection of digital evidence critical to
many cases. Jurisdictional issues especially become painfully acute during discussions of
international cybercrimes, online fraud, or even data breaches, where the digital evidence
may tend to be spread across multiple countries. Not only are such cases difficult and often
tedious for courts, but they also have to rely on international collaboration in compiling such
crucial evidence. Often, such collaborations would involve painstaking legal negotiation and
delay, which may affect the speedy administration of justice. In addition, police officers and

28
Janine Schneider, Julian Wolf, Felix Freiling, Tampering with Digital Evidence is Hard: The Case of Main
Memory Images, Forensic Science International: Digital Investigation, Volume 32, Supplement, 2020,
29
Supra Note 4
30
Supra Note 3
31
Supra note 24

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investigators often encounter challenges gathering and preserving digital evidence according
to the best practices. Not preserving the original state of the evidence, using the wrong tools,
or not documenting the chain of custody may cause an evidence to be inadmissible at trial.
Moreover, new technologies such as blockchain, artificial intelligence and cloud storage
present emerging challenges. Blockchain, for example, opens a new avenue for secure
immutability of digital records. However, the legal professionals and courts still grapple with
how to authenticate and admit blockchain evidence. Similarly, the rise of artificial
intelligence raises hitches in ascertaining the authenticity and reliability of the evidence
produced by AI.32 At present, one of the grave problems that law has grappled with and begs
the need for scientific inquiry and management is the interpretation of evidence thereby
obtaining through intrusions, like unauthorized or illegal surveillance or interception,
hacking, or eavesdropping. The Supreme Court through Justice K.S. Puttaswamy v. Union of
India33 has declared the right to privacy as fundamental and made it available for judicial
review. It will raise questions concerning the admissibility of such evidence in court, even
while evidencing investigations into criminal activity. Certainly, the right of privacy would
have to be weighed against the weight of such evidence and courts should determine whether
the collection of evidence conforms to constitutional guarantees. Specialized tools and
infrastructure are required for forensic analysis and secure storage of digital evidence, thus
unaffordable for smaller law enforcement agencies and legal practitioners, particularly in
rural or less-populated areas. Such constraints can cause mishandling of evidence and/or non-
collection of it, further complicating the process of getting a fair trial. Wide-scale training in
digital forensics for judges, lawyers, and law enforcement officials will help overcome these
challenges. The legal framework has to keep changing so that it is compatible with the new
technologies at the same time as they are happening over transformations in the digital world
- delivering justice without legal compromise.

Data Privacy and Protection Concerns

32
Sujitha, The Admissibility and Reliability of Electronic Evidence in Indian Courts and its Legal Framework,
ILE Journal of Evidence and Jurisprudence, Vol 1 Issue 1, 2023.
33
AIR 2018 SC 1841

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It has now become apparent that much of the recent attention on the issues of digital evidence
and intrigues surrounding it is highly tied to issues of data privacy and protection in
contemporary context. As digital media, indeed, are emerging as the most utilized electronic
communication systems in commerce and personal interactions, recording with the least
possible sensitivity a sensitive personal issue in electronic form opens it up to unauthorized
access or theft or other possible uses. As this is happening, digital platforms are becoming
fully integrated into ordinary life, with great amounts of data developing and keeping records
about users in so many different kinds of digital formats. The Supreme Court of India
recognized privacy as a fundamental right in K.S. Puttaswamy v. Union of India, 34 thus laying
the most important legal basis for data protection. The implications of the judgment are
significant in terms of the usage and collection of digital evidence because, in most instances,
these would relate to the privacy of the individual in respect of legal proceedings. One of the
major dilemmas regarding the admissibility of digital evidence relates to the possibility of
invasive surveillance and unauthorized data seizure. 35 To point out some examples: servers
holding such digital evidence could be located all over the world, which adds to the
complexity of data privacy issues in terms of cross-border data flow. There are substantial
differences in data protection laws globally, and what is regarded as permissible in one region
might either be restricted or per se banned in another jurisdiction. For example, data which
happens to be kept in a country where data protection laws are stringent may be opened for
access by law enforcement authorities in a jurisdiction that has more liberal laws. Hence the
absence of the uniform international standards that concern the data protection would make
the exercise of collecting, processing and sharing the digital evidence more complex,
especially in the cases where the evidence is on the cloud servers. this creates a conflict of
laws where the privacy rights within one jurisdiction conflict with the need of law
enforcement with another jurisdiction. The first piece of legislation enjoying parliamentary
consideration in the Indian Parliament that attempts, among other things, to address the said
dilemma is the Personal Data Protection Bill, 2019 (PDPB). This tries to set the stage for a
complete data protection architecture on the personal data of citizens, thus giving them
greater access and control over their data while also placing much stricter obligations on data
processors and controllers. Once put into action, the PDPB will then provide how data will be
collected, processed, and shared, and will ensure that digital evidence is gathered and used

34
Id
35
Sommya Kashyap, Admissibility of Electronic Evidence in Indian Courts, 2024.

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along privacy rights of individuals.36 Persian weaknesses in data and information privacy and
security otherwise include susceptibility of personal information to cyber threats such as
hacking or data breaches and identity theft. Courts often depend on experts from digital
forensics to analyze the authenticity of digital evidence.

CONCLUSION

Stated, however, it is quite an important and necessary action which the new government has
to take towards the inclusion of electronic evidence. It would certainly be significant in the
contemporary practice of dispensation with crime and the exercise of justice; however, there
are many associated problems that should be introspected carefully. The growth of
technology has definitely outpaced the traditional legal regime and a huge gap has been
created in dealing with the authenticity, integrity, and admissibility of digital evidence.
Authentication and maintenance of the chain of custody, as well as the complexities arising
from the differences in data storage jurisdictions, are only some of the issues that complicate
the process of judicial use of digital evidence. It may be necessary and very much so to
include Section 65B in the Indian Evidence Act and to insist on certificates for authentication
of electronic records, posing procedural hurdles and wasting a lot of time in waiting which
may stop vital pieces of evidence from being placed before the very court of law. In cases
involving cross-border crime, jurisdictional differentials with rights over data stored in a
multitude of global servers already make the retrieval and admissibility of digital evidence
complex. The ultimate fate of digital evidence in India would be a dynamic legal framework
that seeks a balance between the individual's rights on the one hand and law enforcement on
the other. That is how the future of digital evidence lies in India. The challenges are huge, yet
reform and education, together with collaboration among the legal and technical
professionals, can bring India closer to a scenario where digital evidence will be dealt with in
a manner far-superior in terms of robustness, fairness, and security from what most will ever
know. That is the only way in which justice will be done and citizens will have their right to
privacy and protection of their data respected within an increasingly digitalised world.
Addressing such challenges will ultimately place India in a unique position as a deterrent to
the future with respect to the handling of clear digital evidence, evolving dynamic legal
environments forward-thinking but yet holding sacrosanct the individual rights.

36
id

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 BIBILOGRAPHY AND REFERENCES

1. Cyber crime laws in India - iPleaders

2. Challenges To Indian Law And Cybercrime // Bytescare

3. Chapter 3. Digital Dependencies and Cyber Vulnerabilities - Global Risks Report

4. Admissibility of Electronic Evidence under Indian Laws - A Brief Overview

5. Electronic Evidence And Its Admissibility In Indian Courts

6. Admissibility of Electronic Evidence in Court of Law - LAW INSIDER INDIA-

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"Good [morning/afternoon], everyone. My name is Taruni Nakshatra Gadepalli, and today I’ll
be presenting on a critical topic in the digital era—'The IT Act and the Admissibility of
Digital Evidence in Indian Courts.' Let's explore how digital evidence is handled within the
Indian legal framework and the challenges it presents."

"As we all know, electronic transactions and digital communications have become an integral
part of our daily lives. With this shift, digital evidence—like emails, social media content,
and digital contracts—has become crucial in legal proceedings. The Information Technology
Act, 2000, provides the legal foundation for recognizing electronic records, ensuring they are
as valid as traditional paper-based evidence. However, this comes with significant challenges
regarding their authenticity and reliability, which we'll discuss today."

"The IT Act and the Indian Evidence Act work together to govern digital evidence. Section
65B of the Evidence Act is pivotal. It requires a certificate to accompany electronic records to
ensure their integrity. This certificate, provided by the person responsible for the data, serves
as proof of authenticity. The landmark case Anvar P.V. v. P.K. Basheer emphasized that
electronic evidence without this certificate is inadmissible. This ensures reliability but also
creates practical challenges."

"Judicial interpretation has significantly shaped digital evidence laws. In Anvar P.V. v. P.K.
Basheer, the Supreme Court set strict guidelines for electronic evidence. Later, in Arjun
Panditrao Khotkar v. Kailash Kushanrao Gorantyal, the Court allowed flexibility, permitting
delayed submission of the Section 65B certificate. Courts rely heavily on forensic experts to
authenticate evidence, as seen in cases involving CCTV footage and call data records. These
cases highlight the balance between procedural strictness and practical realities.

"Despite the framework, digital evidence presents several challenges:

Tampering and Forgery: Digital data is easily altered, making authenticity a key concern.

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Jurisdictional Issues: Data stored on foreign servers complicates evidence retrieval.

Technical Competence: Many courts and law enforcement agencies lack the expertise to
handle digital evidence effectively.

Privacy Concerns: Balancing the right to privacy, affirmed in Justice K.S. Puttaswamy v.
Union of India, with the need for digital evidence is a delicate task.

"Data privacy is a significant concern in digital evidence. The Personal Data Protection Bill,
2019, aims to regulate data collection and use, ensuring digital evidence is gathered
responsibly. However, global discrepancies in data protection laws complicate cross-border
evidence collection. As digital records become central to legal cases, protecting individuals'
privacy rights is paramount to maintaining trust in the system.

"To address these challenges, we recommend:

Enhancing judicial and law enforcement training in digital forensics.

Streamlining the Section 65B certification process.

Strengthening international cooperation for evidence retrieval.

Implementing robust data protection laws to safeguard privacy and data integrity

"In conclusion, the admissibility of digital evidence is crucial for ensuring justice in the digital age.
The IT Act and the Indian Evidence Act provide a solid foundation, but practical challenges remain. By
addressing issues of authenticity, jurisdiction, and privacy, we can ensure digital evidence is used
effectively and fairly in Indian courts. This requires continuous legal reforms, training, and
international cooperation."

"Let's look at how India’s legal system adapted to the digital age. Before the IT Act, 2000, laws like
the Indian Penal Code and the Indian Evidence Act were ill-equipped to handle cybercrimes and
electronic evidence. Inspired by the UNCITRAL Model Law on Electronic Commerce, the IT Act gave
legal recognition to electronic records and signatures. The 2008 amendment expanded its scope to
cover cybercrimes and data protection. Additionally, the Indian Evidence Act was updated with
Sections 65A and 65B, specifically addressing electronic evidence."

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