Digital Forensics in India: Admissibility, Evidentiary Standards and Legal Challenges

The criminal justice system in India has to undergo an enormous change due to growing digitalisation. Digital forensics is an essential part of identifying, safeguarding, analysing, and presenting the electronic evidence. Despite this, when we talk about gathering electronic evidence, we come across several legal issues in relation to the admissibility of the digital evidence. In order to use the said technology, compliance thus becomes mandatory. The transition from Section 65B of Indian Evidence Act, 1872 to Section 63 of the Bharatiya Sakysha Adhiniyam (2023) is a paradigm shift. This paper contends that this shift signifies structural consistency rather than significant reform, as the certification-based admissibility model is mostly preserved. Thereafter, evolution of digital forensics leading to judicial developments has been stated. Examining the principles established in the Supreme Court’s ruling in Anvar P.V. v. P. K. Basheer and Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal allows for a comprehension of the matter concerning procedural certification against forensic validation. The paper critically analyses the Aarushi Talwar case and Mumbai Terror Attacks case of 2008. Eventually, the paper ends with highlighting structural gaps in Indian framework and thereby suggests a thorough plan for forensic transformation to enhance India’s cyber investigations.