THE EPISTEMOLOGICAL CRISIS OF DIGITAL EVIDENCE: NAVIGATING INDIA’S TRANSITION TO THE BSA AND BNSS
AUTHOR – SHOBHITA SINGH* & DR. SHAIWALINI SINGH**
* STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS
** ASSISTANT PROFESSOR OF LAW AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS
BEST CITATION – SHOBHITA SINGH & DR. SHAIWALINI SINGH, THE EPISTEMOLOGICAL CRISIS OF DIGITAL EVIDENCE: NAVIGATING INDIA’S TRANSITION TO THE BSA AND BNSS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 184-195, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The enactment of India’s new criminal justice framework comprising the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) marks a paradigm shift in the legal validity and operational integration of digital evidence. However, this transition introduces a fundamental epistemological crisis, where the formalistic admissibility mandates of the BSA, such as the rigid dual certification requirement under Section 63, collide with severe infrastructural deficits, undertrained first responders, and a critical lack of accredited digital forensic experts.
Through a comparative analysis with mature adversarial jurisdictions like the United States and the United Kingdom, this research highlights India’s lack of rigorous scientific gatekeeping (akin to the U.S. Daubert standard) and warns against the dangers of legally presuming computer reliability. Furthermore, the study explores a “Privacy Paradox” exacerbated by the broad state exemptions under Section 17 of the Digital Personal Data Protection (DPDP) Act. Unlike Western constitutional protections, this framework lacks a statutory “right to deletion” for non-responsive seized data, threatening to establish an unchecked surveillance architecture.
To bridge the gap between statutory intent and forensic reality, this paper advocates for the adoption of international protocols (ISO/IEC 27037 and NIST SP 800-86) alongside “trustless” technological architectures. Specifically, it proposes a Hybrid Blockchain-IPFS model to maintain a scalable, privacy-preserving, and immutable chain of custody for digital evidence. Ultimately, the research recommends strategic reforms including judicial gatekeeping for forensic tools, national expert accreditation, and a statutory mandate for data deletion to ensure that India’s digital-first justice system remains rigorous, transparent, and respectful of constitutional privacy rights.
Key words: Digital Evidence, Bharatiya Sakshya Adhiniyam (BSA), Scientific Gatekeeping Privacy Paradox, Chain of Custody