Witness Box and the Evolution of Evidence
The witness box has always been the focal point of criminal trials in India, and the veracity of the parties has been substantially relied upon through cross-examination; however, the intensification of technology over the past decade is superseding the importance of witness testimonies.
The Rise of Digital Evidence
The Digital Evidence (information and data of value to an investigation that is stored on, received or transmitted by an electronic device) is gaining decisive importance globally.
Digital Evidence Under the New Criminal Laws
The incorporation of provisions under the new Criminal laws, supported by key judicial pronouncements such as :contentReference[oaicite:0]{index=0}, indicates synergy with a tech-driven evidentiary system with serious implications.
Key Implications of a Tech-Driven Evidentiary System
- Often deeming witnesses hostile and unreliable in the presence of Electronic records
- Manipulation of digital records
- Data integrity and right to privacy
- Chain of custody
- Hacking
- Standard of proof
- Complex technologies
Judicial And Legislative Framework For Digital Evidence
Despite some inadequacies, various Judicial interpretations like Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) and Legislative reforms such as the Bhartiya Sakshya Adhiniyam, 2023, by refining their provisions regarding the admissibility of electronic documents, Section 65B mandating the certificate for electronic records, broadening the scope of Forensic experts, and giving Statutory Recognition to Digital Evidence.
Key Judicial And Legislative Developments
- Refining provisions regarding the admissibility of electronic documents
- Section 65B mandating the certificate for electronic records
- Broadening the scope of Forensic experts
- Giving Statutory Recognition to Digital Evidence
By focusing explicitly on modern crimes like cyberstalking, theft, etc, ensuring authenticity and adaptability in BNS, 2023 and providing procedural clarity on cross-border digital evidence in BNSS, 2023, are addressing the technical intricacies involved.
Shift From Narrative To Data-Driven Evidence
This gradual shift from narrative coherence to data patterns has functional relevance. Still, the risks in the trial process have become speculative.
Challenges Affecting The Efficacy Of Digital Evidence
Its efficacy is struck at the root of multiple factors, such as concerns raised by AI like deepfakes, ascertaining authenticity, procedural irregularities during collection or submission, blatant disregard of Section 65B procedural safeguards, Overburdened labs, and lack of judicial training to investigators, prosecutors, etc.
Major Risk Factors
| Category | Identified Risk |
|---|---|
| Technological | Concerns raised by AI like deepfakes |
| Authenticity | Ascertaining authenticity |
| Procedural | Procedural irregularities during collection or submission |
| Legal Compliance | Blatant disregard of Section 65B procedural safeguards |
| Institutional | Overburdened labs |
| Capacity Building | Lack of judicial training to investigators, prosecutors, etc. |
Strengthening The Digital Evidence Framework In India
Digital Evidence has become indispensable in today’s legal arena, which cannot be disregarded.
India needs a more comprehensive mechanism to enhance justice by not only adapting technology but also rebalancing the criminal trial risks, by providing greater forensic transparency, Judicial training, Standard operating procedures, ensuring data integrity in the chain of custody process and clear regulations to adapt to developing tech intricacies, which do not jeopardise the constitutional rights and fair trial and also enhance our reliability on Digital evidence.
