Impact of E-Records as Evidence in the Judicial System under the Bharatiya Sakshya Adhiniyam 2023

Authors

  • Vratika Singh Ph.D. Scholar, Department of Law, Maharishi Markandeswar (Deemed to be University) Mullana, India
  • Bindu Jindal Head & Dean, Department of Law, Maharishi Markandeswar (Deemed to be University) Mullana, India
  • Vishant Saini Assistant Professor, Department of Law, Maharishi Markandeswar (Deemed to be University) Mullana, India
  • Pranav Ranga Assistant Professor, Department of Law, Maharishi Markandeswar (Deemed to be University) Mullana, India
  • Rakhee Rani Assistant Professor, Department of Law, Maharishi Markandeswar (Deemed to be University) Mullana, India
  • Hardik Gupta BA.LLB 10th Semester, Department of Law, Maharishi Markandeswar (Deemed to be University) Mullana, India
  • Minakshi Banger Assistant Professor, Department of English, Chandigarh University, India

DOI:

https://doi.org/10.63278/1383

Keywords:

Digital signatures, Chain of custody, Forensic digital analysis, E-evidence challenges, Metadata and hash value.

Abstract

The Bharatiya Sakshya Adhiniyam 2023 (BSA) is a revolutionary change in India's legal landscape by making electronic records (e-records) admissible evidence, bringing them at par with conventional documentary evidence. By extending the definition of "documents" to cover digital records, the BSA deals with the challenges of the digital era, i.e., authenticity, chain of custody, and cybersecurity. Aiding provisions such as Section 61 prohibit denial of admissibility of electronic records on the basis of being electronic only, and Section 63 adds a uniform process of certification with expert authentication. These reforms simplify judicial procedures, minimize procedural challenges, and increase the efficiency of dealing with e-evidence cases. It is practical difficulties in terms of infrastructure deficiency, technical support, and privacy issues that lie at the root of complete implementation. This abstract examines the implications of e-records under the BSA on India's judicial system and emphasizes the imperative of ongoing technological incorporation and policy reforms to attain equity and reliability in legal proceedings

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Published

2025-03-13

How to Cite

Vratika Singh, Bindu Jindal, Vishant Saini, Pranav Ranga, Rakhee Rani, Hardik Gupta, and Minakshi Banger. 2025. “Impact of E-Records As Evidence in the Judicial System under the Bharatiya Sakshya Adhiniyam 2023 ”. Metallurgical and Materials Engineering 31 (3):340-45. https://doi.org/10.63278/1383.

Issue

Section

Research