THE DIGITAL EVIDENCE PARADIGM: ANALYSING THE IMPACT OF SECTION 63 BSA AND THE HASH VALUE MANDATE

AUTHOR – MANU YADAV* & DR. MUDRA SINGH**

* LL.M (CRIMINAL LAW), AMITY LAW SCHOOL, AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR OF LAW, AMITY LAW SCHOOL, AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – MANU YADAV & DR. MUDRA SINGH, THE DIGITAL EVIDENCE PARADIGM: ANALYSING THE IMPACT OF SECTION 63 BSA AND THE HASH VALUE MANDATE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 759-768, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/MZAD8094

ABSTRACT

This paper examines the fundamental jurisprudential shift in the Indian criminal justice system from colonial-era statutes to a modern, science-centric framework established by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the Bharatiya Sakshya Adhiniyam, 2023 (BSA), and the Bharatiya Nyaya Sanhita, 2023 (BNS). It highlights the elevation of forensic science from a discretionary investigative aid to a mandatory procedural requirement, particularly under Section 176(3) of the BNSS, which compels forensic crime scene visitation for offences punishable by seven years or more. The study critically analyses the modernization of digital forensics, emphasizing the statutory integration of cryptographic hash values and dual-certification for electronic evidence under Section 63 of the BSA to ensure the integrity of digital documents. Furthermore, the paper traces the judicial evolution of forensic evidence, exploring how the Supreme Court balances the state’s truth-seeking mandate with fundamental constitutional rights under Article 20(3) (self-incrimination) and Article 21 (right to privacy), specifically concerning biometric data and DNA profiling. Finally, while recent cases demonstrate the potential for rapid convictions, the paper underscores a critical gap between legislative intent and ground-level reality. It concludes that the ultimate success of these sweeping legal reforms hinges entirely on overcoming severe infrastructure deficits, manpower shortages, and massive case backlogs currently straining India’s forensic laboratories.

Keywords: Forensic Jurisprudence, Bharatiya Nagarik Suraksha Sanhita (BNSS), Digital Evidence, Constitutional Rights, Forensic Infrastructure.