The Admissibility of Electronic Records in Indian Courts
In the digital era, electronic records such as mobile chats, email trails, surveillance footage, and UPI payment logs constitute primary pieces of corroborative and substantive evidence in both commercial litigation and criminal prosecutions.
Statutory Framework
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) (replacing the Indian Evidence Act, 1872), electronic and digital records are explicitly recognized on par with traditional documentary evidence. Section 61 BSA establishes that the admissibility of electronic records requires mandatory certification regarding device integrity, hash values, and lawful custody during evidence generation.
Best Practices for Preserving Digital Evidence
- Immediate extraction of system logs and preservation of raw metadata;
- Securing hash value verification (SHA-256 / MD5);
- Preparation of contemporary Section 63 BSA certificates by qualified technical custodians;
- Maintaining an unbroken chain of custody from seizure to forensic laboratory submission.