India’s New Evidence Act: Digital Evidence Made Easy

By AdvisorUncategorized

India’s New Evidence Act: Digital Evidence Made Easy

India has a shiny new law called the Bharatiya Sakshya Adhiniyam, 2023 (BSA) that’s all about how evidence is used in court. This law brings some major changes, especially for how digital evidence (like emails, photos, and videos) is handled.

Why This Matters:

  • Digital Age: We live in a world where information is mostly digital. The BSA is making sure that courts can use this digital evidence fairly and accurately.

  • Fairer Trials: Digital evidence can be very powerful, so the BSA has specific rules to make sure it’s used correctly and doesn’t unfairly hurt anyone.

  • Streamlined Justice: This new law aims to make the whole process of using evidence in court simpler and quicker.

The Big Change: Digital Evidence Gets Its Own Rules:

Before, it was a bit tricky to use digital evidence in court. Now, the BSA has a clear plan for how it should be handled.

Here’s the Key:

  • The Certificate: When someone wants to use digital evidence, they need to provide a special certificate that proves the evidence is real and hasn’t been tampered with.

  • Who Creates the Certificate: Two people need to sign the certificate:

    • The Person in Charge: This could be someone who manages the computer system or the person who created the digital evidence.

    • An Expert: An expert in digital technology needs to vouch for the authenticity of the evidence.

  • What’s in the Certificate: The BSA has a specific format for the certificate. It includes things like:

    • Description of the Evidence: What kind of digital evidence is it? (Email, photo, video, etc.)

    • How It Was Created: How was the evidence made? (Was it a screenshot, a video recording, etc.)

    • Chain of Custody: How has the evidence been stored and handled? Was it kept safe and secure?

  • Submitting the Certificate: This certificate is then submitted to the court along with the digital evidence.

Why is the Certificate So Important?

Think of it like a passport for your digital evidence. It says “This is real, it hasn’t been changed, and it’s safe to use in court.” It helps build trust and ensures that the digital evidence is reliable.

The BSA also has other key changes:

  • Old Words Out: The BSA removes old and confusing language from the law to make it easier to understand.

  • Courts-Martial: The BSA now applies to military courts, so they will use the same rules about evidence as civilian courts.

The Bottom Line:

India’s new Evidence Act is a big step towards making the law more relevant in today’s digital world. It helps ensure that digital evidence is used fairly in court and that the justice system can keep up with the pace of technology.