THE STATUTORY EVOLUTION OF DIGITAL EVIDENCE JURISPRUDENCE: AN ANALYSIS UNDER THE BHARTIYA SAKSHYA ADHINIYAM AND INFORMATION TECHNOLOGY ACT
AUTHOR – KRATIKA MISHRA* & PROF. (DR) TAPAN KUMAR CHANDOLA**
* 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 – KRATIKA MISHRA & PROF. (DR) TAPAN KUMAR CHANDOLA, THE STATUTORY EVOLUTION OF DIGITAL EVIDENCE JURISPRUDENCE: AN ANALYSIS UNDER THE BHARTIYA SAKSHYA ADHINIYAM AND INFORMATION TECHNOLOGY ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 829-840, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I477
This paper argues critically the position, its admissibility in the court, and practical issues relating to digital evidence in contemporary criminal justice administration of cybercrime. With the rapid digitalization of the society, electronic records have become the centre of attention of criminal investigations. The current project involves use of a doctrinal research methodology to examine the process of replacing old aspects of evidentiary rules with newly updated systems, in this case, India, Bharatiya Sakshya Adhiniyam (BSA) and Information Technology (IT) Act, 2000. It discusses the hard statutory prerequisites of authenticity and the chain of custody that cannot be negotiable in order to overcome the volatility of data as it is. Additionally, the paper has also found that administrative bottlenecks that create severe obstacles such as technical challenges, such as end-to-end encryption, and procedural failures, such as ineffective forensic infrastructure and occurrence of transnational jurisdiction issues are a significant impediment to advancing AI use in cybercrime. Analysing the landmark Supreme Court decisions, the study shows inescapable errors in judicial practise. Finally, the paper concludes that the substantive laws have been developed, but the practical implementation remains behind, suggesting that the creation of the cyber court system and more forensic preparation should be implemented as soon as possible to protect criminal justice in the era of modernity.
KEYWORDS: Bhartiya Sakshya Adhiniyam, Information Technology, Artificial Intelligence, Cybercrime.