FROM DIGITAL EVIDENCE TO ACQUITTAL: A CRITICAL EXAMINATION OF INVESTIGATIVE AND PROCEDURAL FAILURES IN THE PROSECUTION OF CYBER AND ECONOMICS CRIMES IN INDIA

AUTHOR – SIDDHARTH NEGI, STUDENT AT AMITY UNIVERSITY NOIDA

BEST CITATION – SIDDHARTH NEGI, FROM DIGITAL EVIDENCE TO ACQUITTAL: A CRITICAL EXAMINATION OF INVESTIGATIVE AND PROCEDURAL FAILURES IN THE PROSECUTION OF CYBER AND ECONOMICS CRIMES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 234-245, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This study critically examines the role of digital evidence in the prosecution of cyber and economic crimes in India, with a specific focus on the gap between evidentiary potential and judicial outcomes. While the legal framework—particularly the Bharatiya Sakshya Adhiniyam, 2023 and the Information Technology Act, 2000—formally recognizes electronic records as admissible evidence, practical challenges continue to undermine their effectiveness in securing convictions. The research analyses investigative and procedural shortcomings, including improper collection, weak chain of custody, lack of technical expertise among law enforcement, and non-compliance with statutory requirements such as certification under Section 63. It further highlights systemic issues such as inadequate forensic infrastructure, jurisdictional complexities, encryption barriers, and delays in expert examination. Judicial hesitation and inconsistent interpretation of admissibility standards further complicate the evidentiary process. Through doctrinal and analytical methods, the study demonstrates that despite legislative advancements, digital evidence often fails to meet the threshold of reliability required in criminal trials, leading to acquittals. The paper concludes by emphasizing the need for capacity building, standardized forensic protocols, inter-agency coordination, and judicial training to bridge the gap between digital evidence and effective prosecution in India’s evolving cybercrime landscape.

Keywords:
Digital Evidence, Cyber Crime, Bharatiya Sakshya Adhiniyam, Chain of Custody, Forensic Investigation