Criminal Justice Reforms: Revolutionising Digital Evidence in India - By Stuti Sharma

Introduction

In an era where smartphones, AI-driven technologies, and IoT devices dominate daily life, every click, post, and interaction leaves a digital footprint. These traces are increasingly pivotal in criminal investigations, capable of either clinching a conviction or unravelling a case. Recognising this seismic shift, India’s criminal justice system has undergone a transformative overhaul with the introduction of three landmark legislations: the Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), andBharatiya Sakshya Adhiniyam, 2023 (BSA). These codes replace outdated frameworks, modernising the handling of digital evidence to align with the complexities of the digital age.

Key Reforms in Digital Evidence Handling

(a) Bharatiya Sakshya Adhiniyam (BSA): Redefining Evidence
The BSA marks a paradigm shift by embracing digital records as a cornerstone of evidence. Key provisions include:


• Expanded Definition of "Document": Section 2(1)(d) explicitly includes electronic and digital records—such as emails, social media posts, cloud data, and metadata—as primary evidence, eliminating the secondary status they held under older laws.

• e-Sakshya Portal: A groundbreaking digital platform that provides real-time access to forensic reports, expert certifications, and stored electronic data for courts, prosecutors, and defence teams. This ensures transparency and accelerates case proceedings.

• Authentication Protocols: The BSA mandates robust certification processes for digital evidence, addressing past ambiguities under the Indian Evidence Act, 1872, and ensuring admissibility through standardised procedures.

(b) Bharatiya Nagarik Suraksha Sanhita (BNSS): Streamlining Investigations
The BNSS introduces procedural reforms to manage digital evidence effectively during investigations:

• Seizure and Preservation: Law enforcement is empowered to seize electronic devices like smartphones, laptops, and servers, with clear guidelines to preserve data integrity using forensic tools.

• Mandatory Audio-Visual Documentation: Searches and seizures involving digital evidence must be recorded audiovisually, reducing disputes over procedural lapses and enhancing accountability.

• Immediate Digital Documentation: Investigative steps, including chain-of-custody records, must be digitised instantly, creating a tamper-proof audit trail accessible to all stakeholders.

(c) Bharatiya Nyaya Sanhita (BNS): Modernising Trials
The BNS adapts trial processes to leverage digital evidence efficiently:

• Electronic Filings: Complaints, FIRs, and other legal documents can now be filed electronically, reducing paperwork and expediting case initiation.

• Remote Testimonies: Witnesses and experts can provide testimony via secure video conferencing, minimising logistical delays while maintaining authenticity.

• Digital Cross-Examination: Courts can rely on electronic records for cross-examinations, supported by real-time access to forensic validations, ensuring smoother trial proceedings.

Addressing Pre-Reform Challenges

Before these reforms, digital evidence posed significant hurdles:

Admissibility Ambiguities: The Indian Evidence Act, 1872, lacked clarity on certifying electronic records, often leading to rejections in court. The BSA’s clear guidelines now bridge this gap.
Tampering Risks: Digital evidence was vulnerable to manipulation or deletion, undermining its reliability. The new codes enforce forensic standards, hash-value verification, and chain-of-custody protocols to ensure authenticity.
Privacy Concerns: Accessing personal devices and online accounts raised ethical and legal questions. The BNSS introduces safeguards, such as judicial oversight for data collection and anonymisation of sensitive information, balancing investigative needs with individual rights.
Technical Expertise Deficit: Law enforcement often lacked the skills to handle digital evidence. The new framework mandates training programs and establishes forensic labs to build capacity.

Broader Implications and Future Challenges

India’s new criminal codes represent a bold leap toward a tech-savvy justice system. By integrating digital evidence into the legal mainstream, they empower courts to tackle cybercrimes, financial frauds, and tech-driven offences with precision. However, challenges remain:

Infrastructure Gaps: Rural courts may lack the technology to fully implement e-Sakshya or digital filings, necessitating investment in digital infrastructure.

Cybersecurity Risks: The e-Sakshya portal and other digital systems must be fortified against hacking and data breaches to maintain trust.

Public Awareness:Stakeholders, including lawyers and citizens, need education on the new procedures to ensure seamless adoption.

Conclusion

The BNS, BNSS, and BSA have redefined India’s criminal justice landscape, transforming digital evidence from a legal afterthought into a powerful tool for justice. Their success, however, hinges on effective implementation, robust infrastructure, and continuous adaptation to emerging technologies. As India navigates this complex journey, these reforms lay a foundation for a future where justice keeps pace with the digital world.

• STUTI SHARMA- Student, 1st Year
• National Law University
•     Himachal Pradesh, Shimla,(H.P.)