The Role of Digital Evidence in Media Trials: Challenges and Opportunities Under the Bhartiya Shashya Adhiniyam

  • Unique Paper ID: 195379
  • PageNo: 42-52
  • Abstract:
  • The rapid digitalization of society has significantly impacted the criminal justice systems of the world. The emergence of digital communication tools such as the Internet and the widespread use of technologies like the smartphone and the Internet in India have led to the widespread use of electronic and digital evidence in the investigation and determination of criminal cases. The emergence of television news media and social networking sites has also led to the phenomenon of "media trials," where criminal cases are extensively discussed and analysed in the public domain before the determination of the cases by the courts of law. The enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), along with the Bharatiya Sakshya Adhiniyam, 2023, is a major reform of the criminal justice system in India. The Bharatiya Nagarik Suraksha Sanhita, 2023, incorporates a number of technological innovations in the criminal justice system of India. The Bharatiya Nagarik Suraksha Sanhita, 2023, incorporates electronic First Information Reports, digital summons, audio-video recording of investigative procedures, and electronic evidence management systems in the criminal justice system of India. The emergence of such technological innovations in the criminal justice system of India has led to a number of apprehensions with regard to the misuse of such evidence by the media. The trials involving leaked digital materials such as CCTV footage, mobile phone records, social media communications, and forensic reports have been increasingly impacting public opinion in criminal cases. This may compromise the right to a presumption of innocence. Moreover, technologies such as deepfake videos, artificial intelligence-generated materials, and cyber manipulation may affect the reliability of such evidence. The present research paper aims to critically analyse the role of digital evidence in media trials in light of the legal provisions set forth by the legal regime established by the BNSS, 2023. This paper examines legal provisions, constitutional provisions, and landmark judicial pronouncements on electronic evidence and media trials. This paper also examines the comparative approaches taken in legal regimes such as the United Kingdom and the United States. This paper concludes by offering some suggestions on reforms to be implemented to ensure that technology helps promote transparency, accountability, and the right to a fair trial.

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{195379,
        author = {Arushi Tiwari and Dr Mudra Singh},
        title = {The Role of Digital Evidence in Media Trials: Challenges and Opportunities Under the Bhartiya Shashya Adhiniyam},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {12},
        number = {11},
        pages = {42-52},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=195379},
        abstract = {The rapid digitalization of society has significantly impacted the criminal justice systems of the world. The emergence of digital communication tools such as the Internet and the widespread use of technologies like the smartphone and the Internet in India have led to the widespread use of electronic and digital evidence in the investigation and determination of criminal cases. The emergence of television news media and social networking sites has also led to the phenomenon of "media trials," where criminal cases are extensively discussed and analysed in the public domain before the determination of the cases by the courts of law.
The enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), along with the Bharatiya Sakshya Adhiniyam, 2023, is a major reform of the criminal justice system in India. The Bharatiya Nagarik Suraksha Sanhita, 2023, incorporates a number of technological innovations in the criminal justice system of India. The Bharatiya Nagarik Suraksha Sanhita, 2023, incorporates electronic First Information Reports, digital summons, audio-video recording of investigative procedures, and electronic evidence management systems in the criminal justice system of India. The emergence of such technological innovations in the criminal justice system of India has led to a number of apprehensions with regard to the misuse of such evidence by the media.
The trials involving leaked digital materials such as CCTV footage, mobile phone records, social media communications, and forensic reports have been increasingly impacting public opinion in criminal cases. This may compromise the right to a presumption of innocence. Moreover, technologies such as deepfake videos, artificial intelligence-generated materials, and cyber manipulation may affect the reliability of such evidence. 
The present research paper aims to critically analyse the role of digital evidence in media trials in light of the legal provisions set forth by the legal regime established by the BNSS, 2023. This paper examines legal provisions, constitutional provisions, and landmark judicial pronouncements on electronic evidence and media trials. This paper also examines the comparative approaches taken in legal regimes such as the United Kingdom and the United States. This paper concludes by offering some suggestions on reforms to be implemented to ensure that technology helps promote transparency, accountability, and the right to a fair trial.},
        keywords = {Digital Evidence, Media Trials, BNSS 2023, Bharatiya Sakshya Adhiniyam, Electronic Records, Fair Trial, Digital Forensics},
        month = {March},
        }

Cite This Article

Tiwari, A., & Singh, D. M. (2026). The Role of Digital Evidence in Media Trials: Challenges and Opportunities Under the Bhartiya Shashya Adhiniyam. International Journal of Innovative Research in Technology (IJIRT), 12(11), 42–52.

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