PRACTICAL IMPACT AND CHALLENGES OF ELECTRONIC EVIDENCE UNDER THE BHARATIYA SAKSHYA ADHINIYAM IN 2025: A STUDY

AUTHOR – VIJAYKUMAR METI, LAW STUDENT AT SMT BASAMMA GURULINGAPPA LAW COLLEGE, LINGASUGUR, KARNATAKA.

BEST CITATION – VIJAYKUMAR METI, PRACTICAL IMPACT AND CHALLENGES OF ELECTRONIC EVIDENCE UNDER THE BHARATIYA SAKSHYA ADHINIYAM IN 2025: A STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 492-505, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The Bharatiya Sakshya Adhiniyam (BSA), effective July 1, 2024, redefines electronic evidence as primary evidence, aiming to modernize India’s criminal justice system. This study evaluates its practical impact nine months post-implementation, in March 2025, through a mixed-method analysis of case studies, court statistics, and judicial trends. Findings reveal a dual reality: urban courts, leveraging robust infrastructure, demonstrate faster case resolutions (10-15% reduction in disposal time), higher cybercrime conviction rates (15-20%), and victim empowerment via online evidence submission, aligning with e-Courts Phase III goals. Conversely, rural courts face significant hurdles— infrastructure gaps (e.g., limited scanners), training deficiencies, authenticity risks (e.g., tampered videos), and an urban-rural adoption divide (40% vs. 10% case reliance)—exacerbating judicial inequities and initial backlogs. While the BSA enhances judicial clarity with 2025 precedents, its nationwide success is constrained by systemic disparities. Recommendations include rural digital infrastructure investment, expanded forensic training, AI authenticity tools, and ongoing trend monitoring for amendments. This paper underscores that the BSA’s transformative potential hinges on bridging India’s digital divide, offering insights into its early legacy and future trajectory in delivering equitable digital justice.

Keywords: Electronic Evidence, Bharatiya Sakshya Adhiniyam, Digital Justice, Cybercrime, Urban-Rural Divide, Judicial Efficiency, Evidence Admissibility, Digital Infrastructure, Forensic Training