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VOL. 10, ISSUE 1 (2024)
Analyzing the Evolution: A comparative study of provisions related to ‘Electronic Evidence’ in the Old Statute and New Proposed Bill in India
Authors
Nandini Chandrakant Shahasane, Balasaheb Dashrath Pandhare
Abstract
This comparative analysis
examines the legislative evolution in the treatment of electronic evidence,
focusing on the Indian Evidence Act, 1872 (IEA), and the proposed Bharatiya
Sakshya Bill, 2023 (BSB). As our global society becomes increasingly reliant on
Information and Technology, novel business concepts and emerging technologies
have led to an uptick in cybercrimes, necessitating the integration of
electronic evidence in criminal investigations. The paper explores the IEA's recognition
of electronic evidence and the challenges posed by Section 65B's procedural
requirements. Turning attention to the BSB, currently under consideration, the
study delves into its potential impact on the treatment of electronic evidence
by expanding the definition of electronic records and categorizing them as
primary evidence. This departure from the IEA could significantly influence the
credibility and admissibility of electronic evidence in court proceedings.
Examining key provisions of the BSB, specifically Sections 62 and 63, in
comparison to the IEA, the paper underscores the role of forensic science in establishing
the credibility of electronic evidence. Drawing inspiration from the Supreme
Court's emphasis on scientific methods in criminal investigations, the study
emphasizes the need for continued research to address emerging legal issues in
the dynamic Information and Technology sector. In conclusion, the paper advocates
for an effective criminal justice system rooted in sound investigation and
evidence collection. Recognizing the challenges posed by current investigative
processes, particularly concerning electronic evidence, the study calls for ongoing
research to enhance our understanding and application of electronic evidence in
legal proceedings. While the Information Technology Act, 2000 provides a foundational
framework, continuous research is imperative to keep pace with evolving technologies
and address emerging legal complexities.
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Pages:1-3
How to cite this article:
Nandini Chandrakant Shahasane, Balasaheb Dashrath Pandhare "Analyzing the Evolution: A comparative study of provisions related to ‘Electronic Evidence’ in the Old Statute and New Proposed Bill in India". International Journal of Law, Vol 10, Issue 1, 2024, Pages 1-3
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