The admissibility of electronic records in court proceedings in India is governed by the Bharatiya Sakshya Adhiniyam, 2023. This law provides clear guidelines on how electronic records can be presented as evidence, with specific requirements ensuring their reliability in court.
To introduce an electronic record into evidence, the law mandates that it must be accompanied by a certificate from a person holding a responsible position related to the operation of the device that generated or stored the electronic record. This certificate must confirm that the information contained in the electronic record is accurate and has not been tampered with. It also describes how the record was produced and identifies the device used. This process safeguards the authenticity of the record, ensuring that its origin and integrity can be verified.
The certificate is crucial for the admissibility of digital evidence. Without it, electronic records may be rejected by the court. The certificate guarantees that the record has been maintained correctly and has not been altered since its creation or retrieval, ensuring the credibility of the evidence.
Cyber forensics also plays a critical role in this process. Forensic experts are often called upon to validate the authenticity of electronic records, particularly in cases involving cybercrime, hacking, and data breaches. Cyber forensics ensures that electronic evidence is collected, preserved, and analyzed in a manner that maintains its integrity. Forensic analysis helps establish the chain of custody, ensuring the evidence has not been tampered with and meets the requirements for admissibility.
The principles governing the collection, preservation, and presentation of electronic records are designed to uphold the highest standards of evidence. Businesses, law enforcement agencies, and other stakeholders must follow strict protocols when handling digital data to ensure its integrity. This includes maintaining audit trails, data logs, and backup systems to prevent loss or unauthorized alteration of records, which could undermine their validity as evidence.
The Bharatiya Sakshya Adhiniyam emphasizes the importance of following these procedures to ensure the admissibility of electronic records. The law also works in conjunction with other legislation, such as the Information Technology Act, 2000 (IT Act), which complements the framework for handling electronic evidence. Under the IT Act, guidelines exist for cyber forensic experts who are responsible for certifying the authenticity of digital evidence. This ensures that electronic records are verified by professionals who possess the technical expertise necessary to support their legal validity.
Recent judicial rulings in India have reinforced the importance of strict compliance with the requirements for electronic evidence. Courts have ruled that electronic records not accompanied by the necessary certification may be dismissed, underscoring the critical need for legal and technical accuracy when handling digital evidence.