Bar Bench Review 2026: Ayushi Wins First Prize for Research on Digital Evidence under BNSS

              Technology and Justice: Understanding Digital Evidence under BNSS

Abstract:-

 In today’s digital world, crimes are no longer limited to physical spaces.The rapid growth of technology has changed the nature of crimes and criminal investigations in India. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), digital evidence such as emails, CCTV footage, call records, and social media chats has gained significant importance in criminal trials. This paper examines how BNSS recognizes electronic evidence and the challenges related to its use. While digital evidence helps in faster investigation and better transparency, issues like privacy concerns, data tampering, and lack of technical expertise can affect fair trial rights. The paper argues that technology should assist the justice system without weakening legal safeguards. Through a simple and practical analysis, this paper highlights the need for proper cyber-forensic procedures, trained investigators, and judicial awareness to ensure the fair and responsible use of digital evidence under the new criminal law framework.

Keywords:-

Digital Evidence, BNSS, Criminal Justice, Cyber Law, Fair Trial.

Introduction :-

Technology has transformed the way people communicate, work, and interact in society. Along with these developments, the nature of crimes has also changed significantly. Today, many criminal activities involve the use of mobile phones, computers, social media platforms, emails, and online transactions. As a result, digital evidence has become an important part of criminal investigations in India. Recognizing this change, the Bharatiya Nagarik Suraksha Sanhita (BNSS) attempts to modernize criminal procedure and increase the role of technology in the justice system.

Digital evidence includes electronic records such as messages, CCTV footage, photographs, call records, emails, and online payment details. Such evidence often helps investigating agencies identify offenders and understand the sequence of events in criminal cases. However, despite its usefulness, digital evidence also raises serious concerns regarding privacy, authenticity, misuse of technology, and fair trial rights. This paper examines the growing importance of digital evidence under BNSS and discusses the challenges connected with its use in criminal trials.

Meaning and Importance of Digital Evidence:-

Digital evidence refers to any information stored or transmitted electronically that may be used during investigation or trial. In modern society, people leave behind a large amount of digital data through daily activities such as texting, browsing the internet, making online payments, or using social media. This data can become valuable evidence in criminal cases.

Digital evidence has become important because many crimes are now connected with technology. Cyber fraud, identity theft, online harassment, hacking, and financial scams are common examples of offences where electronic records play a major role. Even in traditional crimes such as murder or kidnapping, CCTV footage, location tracking, or mobile call records can help investigators identify suspects.

One major advantage of digital evidence is that it can provide accurate and detailed information. Electronic records may show time, location, communication history, and transaction details that are difficult to deny. This often makes investigations faster and more efficient. Digital evidence also improves transparency by reducing dependence on oral statements alone.

Recognition of Digital Evidence under BNSS:-

The BNSS reflects India’s effort to modernize criminal justice according to technological developments. It recognizes the growing role of electronic communication and digital records during criminal investigations. The use of technology-based procedures such as electronic records, video conferencing, and digital communication demonstrates this shift.

Investigating agencies increasingly rely on digital tools to solve crimes. Mobile phone records, emails, CCTV footage, and online transaction histories are frequently used during investigations. The law aims to make criminal procedure more efficient by encouraging faster communication and better evidence management.

The recognition of digital evidence is an important step because technology has become deeply connected with modern life. Without adapting to technological changes, the justice system would struggle to deal with modern forms of crime. However, the increasing use of electronic evidence also creates several practical and legal concerns.

Challenges Related to Digital Evidence:-

Despite its advantages, digital evidence creates many challenges. One major issue is the possibility of tampering and manipulation. Electronic records can easily be edited, copied or deleted. Fake screenshots, edited videos, and manipulated audio recordings can mislead investigators and courts if proper verification is not carried out.

Another challenge is the lack of technical expertise among police officers and investigators. Handling digital evidence requires proper training and cyber-forensic knowledge. If electronic devices are examined incorrectly, important evidence may be damaged or lost.

Privacy concerns also play a major role in digital investigations. Accessing personal devices, social media accounts and private messages may interfere with an individual’s right to privacy. Excessive surveillance and misuse of digital powers can threaten civil liberties and personal freedom.

Courts also face difficulties in determining the authenticity of electronic evidence. Judges must ensure that digital records are genuine and legally obtained. Without proper safeguards, innocent persons may suffer because of false or manipulated evidence.

India’s cyber-forensic infrastructure also requires improvement. Many forensic laboratories face delays, shortage of experts, and inadequate technological facilities. This affects the speed and reliability of investigations involving digital evidence.

Digital Evidence and Fair Trial Rights:-

The right to a fair trial is one of the most important principles of criminal law. Every accused person has the right to challenge the evidence produced against them. The growing use of digital evidence raises important questions regarding fairness and due process.

Electronic evidence may appear highly convincing even when it is incomplete or misleading. Courts and investigators may sometimes place excessive trust in technology without carefully examining its reliability. This can create serious risks for accused persons.

Another concern is that ordinary individuals may not possess the technical knowledge required to understand or challenge digital evidence. Cyber-forensic reports often involve complicated technical language which makes it difficult for accused persons to defend themselves effectively.

There is also a danger of unlawful surveillance and misuse of technological powers by authorities. Therefore, strong safeguards are necessary to ensure that technology supports justice instead of weakening constitutional rights.

Need for Safeguards and Reforms:-

To ensure fair use of digital evidence, India needs stronger safeguards and better technological infrastructure. First, police officers and investigators should receive proper cyber-forensic training as skilled handling of digital evidence is essential for accurate investigations.

Second, forensic laboratories should be strengthened with modern equipment and qualified experts. Faster forensic examination will improve the efficiency of criminal trials.

Third, courts should carefully examine the authenticity and reliability of electronic records before accepting them as evidence. Strict verification standards are necessary to prevent misuse and wrongful convictions.

Protection of privacy rights is equally important. Investigative agencies must use digital powers responsibly and within constitutional limits as unnecessary surveillance should be avoided to maintain public trust in the justice system.

Legal education institutions should also encourage awareness regarding cyber law and digital justice. As technology continues to grow, future lawyers and judges must understand both its benefits and risks.

Conclusion:-

The introduction of BNSS shows that India is attempting to modernize its criminal justice system according to the realities of the digital age. Digital evidence has become an essential part of criminal investigations because modern crimes often involve electronic communication and online activities.

Digital evidence offers many benefits such as faster investigations, better transparency, and improved accuracy in criminal proceedings. At the same time, it also creates serious concerns related to privacy, manipulation, technical errors, and fair trial rights.

Technology should be treated as a tool that supports justice rather than replacing human judgment. The successful use of digital evidence depends on proper safeguards, trained investigators, strong forensic systems, and judicial awareness. If used responsibly, digital evidence can strengthen the Indian justice system while protecting constitutional values and individual rights.

Endnotes:-

1. Bharatiya Nagarik Suraksha Sanhita, 2023.

2. Information Technology Act, 2000.

3. Indian Evidence Act provisions relating to electronic evidence.

Bibliography:-

Books

• Avtar Singh, Introduction to Cyber Law.

• V.D. Kulshreshtha, Landmarks in Indian Legal History.

Articles

• Research articles on digital evidence and cyber law in India.

Websites

• Government of India official legal resources.

• Legal information databases related to BNSS and cyber law.