ROLE OF ELECTRONIC EVIDENCE IN CRIMINAL TRIAL IN INDIA

  • Unique Paper ID: 193202
  • Volume: 12
  • Issue: 9
  • PageNo: 4332-4340
  • Abstract:
  • Electronic evidence plays a pivotal role in modern criminal trials in India, transforming investigative and adjudicative processes by leveraging digital records such as emails, CCTV footage, call logs, and social media data. Defined under Section 3 of the Indian Evidence Act, 1872 (as amended by the Information Technology Act, 2000), electronic records are admissible as primary evidence, subject to Section 65B certification to ensure authenticity, integrity, and chain of custody. The Bharatiya Nagarik Suraksha Sanhita, 2023, further strengthens this by mandating audio-video recording of evidence (Sections 254, 265, 266 BNSS) and enabling fully electronic trials (Section 530 BNSS), enhancing transparency and efficiency through apps like e-Sakshya for tamper-proof preservation. In criminal proceedings, electronic evidence proves crucial in cases like cybercrimes, financial frauds, and terrorism, as seen in landmark rulings such as Anvar P.V. v. P.K. Basheer (2014), where the Supreme Court emphasized mandatory Section 65B(4) compliance for admissibility, and State (NCT of Delhi) v. Navjot Sandhu (Parliament attack case), upholding computer-generated records if properly certified. Challenges persist, including tampering risks, forensic expertise gaps, and judicial training needs, yet innovations like stylometric analysis and voice forensics bolster reliability. Recent developments under new laws prioritize scientific collection, reducing delays and Strengthening prosecution or defense arguments, thus revolutionizing India's criminal jurisprudence toward a digital-first ecosystem.

Copyright & License

Copyright © 2026 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

BibTeX

@article{193202,
        author = {Dr. Jyoti Yadav and Shivanshu Shekhar Pandey},
        title = {ROLE OF ELECTRONIC EVIDENCE IN CRIMINAL TRIAL IN INDIA},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {12},
        number = {9},
        pages = {4332-4340},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=193202},
        abstract = {Electronic evidence plays a pivotal role in modern criminal trials in India, transforming investigative and adjudicative processes by leveraging digital records such as emails, CCTV footage, call logs, and social media data. Defined under Section 3 of the Indian Evidence Act, 1872 (as amended by the Information Technology Act, 2000), electronic records are admissible as primary evidence, subject to Section 65B certification to ensure authenticity, integrity, and chain of custody. The Bharatiya Nagarik Suraksha Sanhita, 2023, further strengthens this by mandating audio-video recording of evidence (Sections 254, 265, 266 BNSS) and enabling fully electronic trials (Section 530 BNSS), enhancing transparency and efficiency through apps like e-Sakshya for tamper-proof preservation.
In criminal proceedings, electronic evidence proves crucial in cases like cybercrimes, financial frauds, and terrorism, as seen in landmark rulings such as Anvar P.V. v. P.K. Basheer (2014), where the Supreme Court emphasized mandatory Section 65B(4) compliance for admissibility, and State (NCT of Delhi) v. Navjot Sandhu (Parliament attack case), upholding computer-generated records if properly certified. Challenges persist, including tampering risks, forensic expertise gaps, and judicial training needs, yet innovations like stylometric analysis and voice forensics bolster reliability. Recent developments under new laws prioritize scientific collection, reducing delays and Strengthening prosecution or defense arguments, thus revolutionizing India's criminal jurisprudence toward a digital-first ecosystem.},
        keywords = {Electronic evidence, Criminal Trial, Section 65B, BNSS 2023, Admissibility, Digital Records, Chain of Custody, Anvar Judgment, Cyber Forensics.},
        month = {February},
        }

Cite This Article

Yadav, D. J., & Pandey, S. S. (2026). ROLE OF ELECTRONIC EVIDENCE IN CRIMINAL TRIAL IN INDIA. International Journal of Innovative Research in Technology (IJIRT), 12(9), 4332–4340.

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