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@article{203400,
        author = {Mr. Vikas S Mishra and Dr. Niwarti Manohar Gajbhare},
        title = {LEGAL CHALLENGES OF DIGITAL EVIDENCE IN INDIAN CYBERCRIME INVESTIGATIONS: ISSUES OF ADMISSIBILITY, AUTHENTICITY, AND EVIDENTIARY GOVERNANCE},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {12},
        number = {12},
        pages = {12231-12254},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=203400},
        abstract = {The rapid expansion of digital technology and internet-based communication has significantly transformed criminal investigations and evidentiary administration within contemporary legal systems. The increasing prevalence of cybercrime has led to greater reliance on electronic records such as emails, social media communications, CCTV footage, server logs, metadata, cloud-based records, and digital transaction histories during criminal investigations and judicial proceedings. However, the intangible and technologically sensitive nature of digital evidence creates complex legal and procedural concerns relating to admissibility, authenticity, integrity, forensic reliability, and evidentiary governance.
The present study critically examines the legal challenges associated with digital evidence in Indian cybercrime investigations, with particular emphasis on admissibility standards, authenticity verification, chain of custody, forensic reliability, and institutional governance mechanisms. The research adopts a doctrinal and analytical methodology based on statutory provisions, judicial precedents, scholarly literature, forensic principles, and policy frameworks governing electronic evidence in India. The study analyzes the Information Technology Act, 2000, the Bharatiya Sakshya Adhiniyam, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, CERT-In directions, and significant judicial decisions including Anvar P.V. v. P.K. Basheer and Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal.
The study demonstrates that although India has formally recognized electronic evidence within its legal framework, several practical and institutional limitations continue to weaken effective evidentiary administration. Procedural complexities under Section 65B, inadequate forensic infrastructure, evidentiary preservation challenges, metadata manipulation risks, jurisdictional barriers, and absence of standardized evidence-handling procedures continue to adversely affect cybercrime investigations. The research further highlights the growing importance of evidentiary governance in ensuring accountability, transparency, forensic integrity, and procedural fairness within digital investigations.
The paper concludes that strengthening cyber forensic infrastructure, standardizing evidence-handling protocols, improving institutional coordination, modernizing international cooperation mechanisms, and developing comprehensive evidentiary governance frameworks are essential for ensuring reliability and effectiveness within India’s evolving cybercrime investigation system.},
        keywords = {Admissibility, Chain of Custody, Cybercrime, Digital Evidence, Digital Forensics, Electronic Evidence, Evidentiary Governance, Section 65B.},
        month = {May},
        }