Admissibility of Electronic Evidence: A Doctrinal and Empirical Analysis of Statutory Frameworks and Digital Forensic Protocols

Abstract

Modern society has undergone a significant digital transformation which has changed the way legal proceedings are undertaken and, in turn, the law that has to be updated to reflect this change. This research paper thoroughly examines the shift from the basic principles of Section 65B, Indian Evidence Act, 1872, to modern requirements of Section 63, Bharatiya Sakshya Adhiniyam, 2023. This analysis looks at the evolving judicial philosophies in key decisions and the critical need for mandatory electronic certification, strict chain of custody procedures and uncompromising forensic integrity. The research method is a scientific doctrinal analysis with a qualitative assessment of the effectiveness of the statutory certification mechanisms, and the empirical effect of verifying the cryptographic hash value on the reliability of the evidence. The results revealed that the new legislative framework, which includes both cryptographic hash requirements and dual-signatories, greatly reduces the risks of data manipulation and unauthorized tampering. In addition, state-of-the-art digital forensic techniques helps to preserve digital artifacts in adversarial processes. The paper concludes that efforts to ensure that the basic elements of admission of electronic records to court are well under way, but ongoing capacity development efforts in the judiciary and forensic enforcement agencies are necessary to meet technological justice's goals.