Published June 2, 2026 | Version v1
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Digital Evidence in the Indian Criminal Justice System with Special Reference to the New Criminal Laws of 2023

Authors/Creators

  • 1. Amity University Gwalior, Madhya Pradesh

Description

India has, in recent years, moved away from its old criminal laws and brought in three new laws, namely the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Adhiniyam, 2023. These laws have, among other things, given a much clearer legal standing to digital evidence. This paper tries to look at how digital evidence has grown in importance inside the Indian criminal justice system, what the old laws said about it, where they fell short, what the new laws say, and how courts have been dealing with this kind of evidence over the years. The paper also looks at the problems that still exist in actual practice, such as questions of tampering, custody of electronic records, admissibility, and the rights of accused persons. The paper argues that while the new laws are a welcome step, gaps in infrastructure, training of police and judges, and absence of a dedicated data protection framework continue to make the fair use of digital evidence a difficult task in India.

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