What Is Digital Evidence?
Under the Bharatiya Sakshya Adhiniyam, digital or electronic evidence means any information stored, recorded or generated in electronic form, such as videos, photos, text messages, WhatsApp chats, server logs, emails, CCTV footage and other data from computers, mobile phones or communication devices. These digital records are now expressly recognised as evidence in court.
This means that a piece of evidence is not rejected merely because it is electronic. Courts must treat electronic records on the same footing as traditional paper documents.
Legal Basis for Admitting Electronic Records in Court
The Act provides specific provisions explaining how electronic records become admissible.
Section 61 states that electronic or digital records cannot be excluded only because they are electronic.
Section 62 allows the contents of electronic records to be proved according to prescribed rules.
Section 63 lays down conditions under which digital records are treated as documents and admitted in court without needing the original paper version.
For admissibility, the digital record must satisfy conditions such as:
- It was produced during regular use of a computer or device.
- The device was regularly used for similar activities.
- The device was operating properly when the record was created.
- The information accurately reflects data fed into the system in the ordinary course of activities.
Along with the record, a certificate must be submitted explaining how it was produced and giving details of the device and process used. These provisions simplify earlier technical requirements and aim to make proof of electronic evidence clearer and more consistent.
What is e-Sakshya?
e-Sakshya is a mobile and web application developed for police to collect, record, preserve and upload digital evidence securely during criminal investigations.
It forms part of the larger modernization initiative in India’s criminal justice system introduced alongside the new criminal laws.
Using e-Sakshya, police officers can:
- Record videos and photographs at crime scenes
- Upload witness statements and interviews directly to a secure server
- Attach timestamps and certifications to preserve the chain of custody, meaning the record of how evidence was collected, handled and stored
Once uploaded, the material becomes part of the digital case file and can be accessed by courts. This reduces delays and strengthens authenticity.
Why These Rules Matter
The combination of e-Sakshya and digital evidence provisions is intended to:
- Improve reliability of electronic evidence
- Reduce dependence on paper processes
- Ensure secure storage and quick retrieval
- Increase transparency and efficiency in trials
In practice, courts can accept videos, photographs, call records, and other electronic material as evidence if statutory conditions are satisfied.
To understand the topic in a much deeper context, you may check out this book.
