ADMISSIBILITY OF ELECTRONIC EVIDENCE IN CYBERCRIME: A COMPARATIVE AND DOCTRINAL ANALYSIS UNDER INDIAN LAW

AUTHOR – AALIYA AMEER.A, STUDENT AT TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – AALIYA AMEER.A, ADMISSIBILITY OF ELECTRONIC EVIDENCE IN CYBERCRIME: A COMPARATIVE AND DOCTRINAL ANALYSIS UNDER INDIAN LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 943-948, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The exponential growth of cybercrime in the digital era has fundamentally transformed the nature of criminal evidence, compelling legal systems to evolve from traditional evidentiary frameworks to technologically adaptive regimes. In India, this transition is marked by the shift from the Indian Evidence Act, 1872 (IEA) to the Bharatiya Sakshya Adhiniyam, 2023 (BSA), alongside the continuing relevance of the Information Technology Act, 2000 (IT Act). This research paper undertakes a doctrinal and analytical examination of the admissibility of electronic evidence in cybercrime cases, focusing on statutory provisions, judicial precedents, procedural safeguards, and comparative international perspectives.

The study critically evaluates Sections 65A–65B of the IEA and Sections 61–63 of the BSA, highlighting the evolution from a restrictive certification-based model to a more technology-neutral admissibility regime. It further explores landmark judgments such as Anvar P.V. v. P.K. Basheer and Arjun Panditrao Khotkar v. Kailash Gorantyal, which shaped the jurisprudence on electronic evidence.

Despite legislative advancements, challenges such as cross-border data access, technical complexity, and data integrity persist. The study concludes by recommending institutional strengthening, forensic standardisation, and judicial capacity-building.