Navigating the Legal Landscape of Electronic Evidence in India

Advent of information technology affected every walk of life including the judicial system. Use of information technology and audio-video electronic means in day to day life led to the generation of new form of evidence i.e. electronic evidence. Electronic evidence was sought to be governed by insertion of provisions in the century old Indian Evidence Act, 1872 by Information Technology Act, 2000. Since the inception of the provisions relating to electronic evidence, the same have been subjected to varied judicial interpretations making it difficult for the parties to produce electronic evidence in Indian courts. Varied and often conflicting judgments and legislative gaps made it difficult for litigants to present electronic evidence in courts in India. To settle the law, the Constitutional Courts have interpreted the provisions and have given detailed standard operating procedure for identification, collection, production and admissibility of electronic evidence in India. In 2023, the Parliament of India came up with new criminal laws including the new law of evidence i.e. Bharatiya Sakshya Adhiniyam, 2023. The Adhiniyam has amended the law relating to production and admissibility of electronic evidence. This paper explores the law relating to production and admissibility of electronic evidence from 2000 to 2024 in the light of relevant judicial decisions and amendments introduced. The paper analyses the difficulties posed by the judicial decisions and the amendments introduced by the Adhiniyam.