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@article{182683,
author = {Govind Bahadur Singh},
title = {Digital Evidence and Legal Challenges of Admissibility in Court},
journal = {International Journal of Innovative Research in Technology},
year = {2025},
volume = {12},
number = {2},
pages = {3049-3057},
issn = {2349-6002},
url = {https://ijirt.org/article?manuscript=182683},
abstract = {In the digital age, the collection, preservation, and presentation of digital evidence in legal proceedings have gained prominence in India. Digital evidence refers to any information stored or transmitted in digital form, including data from computers, smartphones, emails, social media, and sound storage. While digital evidence plays a crucial role in modern investigations, its admissibility in court poses significant legal challenges, primarily around its authenticity, chain of custody, and relevance. A key issue is the need for digital evidence to be presented in a way that ensures it is unaltered and reliable. Unlike physical evidence, digital data can be easily manipulated, raising concerns about the integrity of evidence during collection and transmission. The legal system must establish robust protocols for preserving and documenting the evidence to prevent tampering or alteration. Moreover, the existing legal framework in India, such as the Bharatiya sakshya sanhita, is not fully equipped to handle the complexities of digital evidence. While the Information Technology Act, 2000 has made some strides in addressing digital issues, its implementation is often unclear, especially in the context of the courts. Another challenge is the lack of specialized knowledge among legal professionals and law enforcement officers in handling digital evidence, which may hinder its proper use in trials. Additionally, issues related to privacy rights, data protection, and cybercrimes create further complexities when presenting digital evidence. Balancing the need for justice with the protection of individual rights remains a contentious issue. As technology evolves, Indian laws must be continuously updated to address emerging issues related to digital evidence.},
keywords = {Digital evidence, admissibility, authenticity, chain of custody, Indian Evidence Act, Information Technology Act, legal challenges, data protection, cybercrimes.},
month = {July},
}
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