ANALYSIS AND ADMISSIBILITY OF DIGITAL EVIDENCE IN INDIA

AUTHORS – MOHAMED THARIC ILAHI* & DR. GURMINDER KAUR**

* (B.A., LL.B., LL.M), GRADUATE (CRIMINAL JUSTICE & HUMAN RIGHTS), AT SCHOOL OF LAW, PONDICHERRY UNIVERSITY.

** ASSISTANT PROFESSOR, SCHOOL OF LAW, PONDICHERRY UNIVERSITY.

BEST CITATION – MOHAMED THARIC ILAHI & DR. GURMINDER KAUR, ANALYSIS AND ADMISSIBILITY OF DIGITAL EVIDENCE IN INDIA, ILE JOURNAL OF EVIDENCE AND JURISPRUDENCE (ILE JEVJ), 3 (1) OF 2025, PG. 1-9, APIS – 3920 – 0049 | ISBN – 978-81-964391-3-2.

ABSTRACTS

The amendments to the Information Technology Act and the Evidence Act have had a profound impact on India’s legal framework regarding electronic evidence, highlighting the importance of digital records. These changes have revolutionised legal proceedings, particularly with the expanded definition of “electronic record” under the Evidence Act to encompass digital evidence. This comprehensive framework encompasses a wide array of electronic evidence crucial for contemporary investigations, including emails, documents, and social media posts. Admissibility in court relies on stringent criteria, including relevance, authenticity, integrity, and compliance with Section 65 B’s procedural norms. Section 65B(4) mandates an authentication certificate to ensure the accuracy of electronic records, safeguarding against manipulation or tampering. This abstract underscores the vital role electronic evidence plays in modern jurisprudence, encapsulating the intricate legal system that governs its use.

KEYWORDS: Evidence Act, Documents, Electronic Records