Impact of E-Records as Evidence in the Judicial System under the Bharatiya Sakshya Adhiniyam 2023

The Bharatiya Sakshya Adhiniyam 2023 (BSA) is a revolutionary change in India's legal landscape by making electronic records (e-records) admissible evidence, bringing them at par with conventional documentary evidence. By extending the definition of "documents" to cover digital records, the BSA deals with the challenges of the digital era, i.e., authenticity, chain of custody, and cybersecurity. Aiding provisions such as Section 61 prohibit denial of admissibility of electronic records on the basis of being electronic only, and Section 63 adds a uniform process of certification with expert authentication. These reforms simplify judicial procedures, minimize procedural challenges, and increase the efficiency of dealing with e-evidence cases. It is practical difficulties in terms of infrastructure deficiency, technical support, and privacy issues that lie at the root of complete implementation. This abstract examines the implications of e-records under the BSA on India's judicial system and emphasizes the imperative of ongoing technological incorporation and policy reforms to attain equity and reliability in legal proceedings

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Publication Details

Journal
Metallurgical and Materials Engineering
Published
2025-03-13
DOI
https://doi.org/10.63278/1383
Primary Topic
Artificial Intelligence in Law
Type
article
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Impact of E-Records as Evidence in the Judicial System under the Bharatiya Sakshya Adhiniyam 2023

Varinderpal Singh, H.O. Gupta, Rashmi Rani, Pranav Ranga et al.
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Metallurgical and Materials Engineering
Artificial Intelligence in Law
article

Impact of E-Records as Evidence in the Judicial System under the Bharatiya Sakshya Adhiniyam 2023

Varinderpal Singh, H.O. Gupta, Rashmi Rani, Pranav Ranga, Bindu Jindal, Vishant Saini, Minakshi Banger
article en

Abstract

The Bharatiya Sakshya Adhiniyam 2023 (BSA) is a revolutionary change in India's legal landscape by making electronic records (e-records) admissible evidence, bringing them at par with conventional documentary evidence. By extending the definition of "documents" to cover digital records, the BSA deals with the challenges of the digital era, i.e., authenticity, chain of custody, and cybersecurity. Aiding provisions such as Section 61 prohibit denial of admissibility of electronic records on the basis of being electronic only, and Section 63 adds a uniform process of certification with expert authentication. These reforms simplify judicial procedures, minimize procedural challenges, and increase the efficiency of dealing with e-evidence cases. It is practical difficulties in terms of infrastructure deficiency, technical support, and privacy issues that lie at the root of complete implementation. This abstract examines the implications of e-records under the BSA on India's judicial system and emphasizes the imperative of ongoing technological incorporation and policy reforms to attain equity and reliability in legal proceedings

Metallurgical and Materials EngineeringVol. 31(3)
Chandigarh University (IN), Maharishi Markandeshwar University, Mullana (IN)
Openalex Percentile: Top 91%
Artificial Intelligence in Law
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