REFORMS RELATED TO ELECTRONIC EVIDENCE AND CYBERCRIME

Abstract

ABSTRACT 

This paper focuses on a comparative analysis of the legal frameworks that govern the electronic evidence and cybercrime before and after the enactment of The Bharatiya Sakshya Adhiniyam (BSA) 2023. The BSA modernizes the Indian Evidence Act (IEA) 1872. According to the IEA, the electronic records were classified as secondary evidence due to which courts needed additional proof(certificate) to authenticate the evidence. This process often was seen as very inconvenient that made procedural delays and questioned about the chain of custody and reliability of the evidence. The definition of ”document” was also limited as per IEA . Howsoever the section 57 of BSA reclassified the electronic and digital records as primary evidence. Primary evidence can be original contract, digital logs such as emails, server logs. Photocopies, certified copies and oral accounts by someone who has seen the  documents are considered as secondary evidences , explained in section 58 of BSA. The requirement of a certificate to allow electronic evidence to be adduced is now in section 63(4) of the BSA. Until now courts have insisted on seeing original documents rather than their electronic form . With the speedy development of technology in India, the rate of cybercrimes happening across the country have also accelerated due to which there was a dread need for new reforms. Before the commencement of BSA cyber offences were governed by the Information Technology Act, 2000, which addressed aspects like hacking, data breaches, and related offences.when the IT Act was used for cybercrimes, the admissibility of electronic evidence still relied on the older framework, meaning that digital evidence was subject to the same challenges—certification and classification as secondary evidence. Cybercrimes also suffered from procedural delays. After the inception of BSA the framework is modernized in such a way that it will be able to tackle modern day cybercrimes.It enhanced digital prosecutionThe new legal framework introduces a broader definition for organized crime that now includes cyber offenses. This shift results in stricter penalties for cybercriminal activities; it's also integrated with the technology. This research ultimately seeks to address the reforms relating to electronic evidence and cybercrime.

KEYWORDS

Electronic evidence

Cybercrime

Secondary evidence

Indian Evidence Act,1872

Bhartiya Sakshay Adhiniyam,2023