Background and Context
India’s criminal justice system traditionally relied on paper based records at every stage, from the FIR to case diaries, chargesheets and judgments. This created delays, storage challenges and difficulties in verifying authenticity. With the enactment of the three new criminal codes in 2023, replacing the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act, Parliament introduced provisions that formally recognise digital processes as legally valid at every stage.
Key Legal Provisions Enabling Digitalisation
Electronic Records as Evidence Under BSA 2023
The Bharatiya Sakshya Adhiniyam, 2023 expands the definition of “document” to explicitly include electronic and digital records. This means emails, server logs, video recordings and other digital data can now be treated as primary evidence, not merely secondary evidence requiring additional certification, as was often the case under the earlier Indian Evidence Act, 1872.
Video Conferencing for Depositions
Under the BSA, depositions, examinations and cross examinations of witnesses and accused persons can be conducted through video conferencing. This reduces the need for physical appearances and speeds up trial proceedings, particularly in cases involving witnesses located far from the trial court.
Electronic FIR (e-FIR) Under BNSS 2023
The Bharatiya Nagarik Suraksha Sanhita, 2023 introduces the concept of electronic FIRs, allowing certain complaints to be registered online without requiring the complainant to visit a police station in person for the initial report.
Digital Case Diary and Chargesheet
BNSS 2023 mandates that the police case diary, historically a physical document, can now be maintained and transmitted electronically. Similarly, chargesheets can be filed digitally, and the resulting judgment can also be delivered and stored in electronic form, creating a continuous digital trail across the criminal process.
Videography of Search and Seizure
Both BNSS and BSA emphasise the mandatory videography of search and seizure operations. This creates a verifiable audio visual record intended to reduce disputes over procedural compliance during investigation.
Forensic and Digital Evidence Integration
The BNSS makes forensic investigation compulsory for certain serious offences, and digital forensic reports are now more directly integrated into the evidentiary chain under the BSA.
Comparison Table: Evidence Act 1872 vs BSA 2023 on Digital Records
| Aspect | Indian Evidence Act 1872 | Bharatiya Sakshya Adhiniyam 2023 |
|---|---|---|
| Definition of document | Limited to physical writings and inscriptions | Expanded to include electronic and digital records |
| Status of electronic evidence | Often treated as secondary evidence | Recognised as primary evidence |
| Witness examination | Primarily in person | Video conferencing permitted |
| Search and seizure record | Written record only | Mandatory videography required |
Frequently Asked Questions
It refers to the legal recognition of electronic FIRs, digital case diaries, video depositions and electronic records as valid components of the criminal justice process.
Yes, BNSS 2023 permits electronic filing of FIRs for certain categories of offences.
Yes, BSA 2023 recognises electronic records as primary evidence, unlike the more restrictive approach under the 1872 Act.
No, it is permitted where appropriate, but not mandatory in every case.
It creates a verifiable record to reduce disputes about procedural irregularities during investigation.
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