ADMISSIBILITY OF ELECTRONIC EVIDENCE IN INDIA : A CRITICAL ANALYSIS

AUTHOR – SHREYA SINGH GAHERWAR* & DR. JYOTI YADAV**

* 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 – SHREYA SINGH GAHERWAR & DR. JYOTI YADAV, ADMISSIBILITY OF ELECTRONIC EVIDENCE IN INDIA : A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 533-540, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The evidence environment in Indian courts has undergone a fundamental upheaval due to the digital transformation of society. Through legislative provisions and judicial interpretation, this article critically examines the legal framework governing the admissibility of electronic evidence in India, with a focus on the Indian Evidence Act, 1872 and the recently passed Bharatiya Sakshya Adhiniyam, 2023. Additionally, through the landmark rulings in the cases of Anvar P.V., Shafhi Mohammad, Arjun Panditrao Khotkar, and Navjot Sandhu. In order to determine whether the necessary certification requirement under Section 65B(4) (now Section 63(4) of BSA) effectively protects against digital manipulation or creates an impassable barrier to justice, the study assesses the conflict between procedural rigidity and substantive justice. By critically analyzing current judicial developments and drawing comparisons with other international jurisdictions, this paper argues for a balanced approach that preserves evidentiary integrity while accommodating the practical realities of digital evidence procurement.

Keywords :- Electronic Evidence, Section 65B, Bharatiya Sakshya Adhiniyam, Digital Evidence Admissibility, Certificate Requirement, Primary vs. Secondary Electronic Evidence