EVIDENTIARY EVOLUTION: RELIABILITY AND AUTHENTICITY OF ELECTRONIC TESTIMONIES UNDER THE BHARTIYA SAKSHYA ADHINIYAM 2023

AUTHOR – NAMITA DADHICH, STUDENT AT AMITY UNIVERSITY, JAIPUR, RAJASTHAN

BEST CITATION – NAMITA DADHICH, EVIDENTIARY EVOLUTION: RELIABILITY AND AUTHENTICITY OF ELECTRONIC TESTIMONIES UNDER THE BHARTIYA SAKSHYA ADHINIYAM 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 541-555, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In today’s digital era, electronic evidence has become a cornerstone in civil and criminal legal proceedings, driven by the widespread use of digital communications and technology. The increasing reliance on electronic records, video and telephonic testimonies, and other forms of digital evidence has introduced both opportunities and challenges for the judiciary. Courts now face the critical task of determining the authenticity, reliability, and fairness of electronic evidence, which is inherently susceptible to manipulation, tampering, and technical discrepancies. The rise of remote testimonies has further emphasized concerns around witness credibility and the impact on cross-examination, raising questions about the adequacy of existing legal frameworks in addressing these issues. The Indian Evidence Act, particularly its provisions on electronic evidence, serves as a foundation for this transformation, but its practical application often reveals gaps in addressing the complexities of modern technological realities.

This research explores the legislative, judicial, and operational challenges in the admissibility and reliability of electronic evidence in India. It examines case law, statutory provisions, and technological advancements such as blockchain and artificial intelligence to understand their impact on evidence law. The study highlights the need for enhanced statutory clarity, judicial training, and standardized protocols for handling digital evidence, while also advocating for interdisciplinary collaboration between legal professionals and technologists. By proposing best practices and emphasizing the importance of fairness, this paper aims to contribute to the development of a robust framework that ensures justice and accountability in an increasingly digital legal landscape.

Keywords: Technology And Law, Digital Governance, Cybersecurity, Privacy Law, Artificial Intelligence, Digital Rights, Interdisciplinary collaboration.