Published Paper Details:

The admissibility of electronic evidence in Indian courts has become a critical issue in the age of digital communication and technological advancement. With the increasing reliance on electronic records for both criminal and civil cases, the Indian legal framework, primarily governed by the Information Technology Act, 2000 and the Indian Evidence Act, 1872, has undergone significant reforms. Specifically, Section 65B of the Indian Evidence Act, inserted by the IT Act, 2000, establishes the conditions under which electronic records may be admissible as evidence in courts. However, despite these advancements, the application and interpretation of the legal provisions surrounding electronic evidence present numerous challenges. The paper explores the legal framework governing the admissibility of electronic records, examining both the requirements for the authenticity and reliability of digital evidence. The paper focuses on the procedural aspects of Section 65B, which mandates a certificate of authenticity from a responsible person involved in the creation or storage of the electronic record, but also highlights the complexities courts face in ensuring its compliance. It critically analyzes key judicial decisions, such as State (NCT of Delhi) v. Navjot Sandhu, which dealt with the admissibility of electronic evidence in the context of terrorism-related cases and established important precedents. The analysis further identifies challenges related to digital forensics, particularly in ensuring the integrity and preservation of electronic evidence, as well as issues regarding the chain of custody and the vulnerability of digital records to tampering or manipulation. Moreover, the paper delves into emerging challenges such as the admissibility of social media content, email evidence, and metadata in criminal and civil proceedings. Given the rapid evolution of technology, the legal framework in India must be continually updated to address new forms of digital evidence and prevent abuse or misuse. Finally, the paper provides recommendations for improving the admissibility standards and the overall judicial approach to electronic evidence in Indian courts.