Re-examining Laws Pertaining to Admissibility of Digital Evidence in Investigations

Multiple laws exist today in India, which deal with the admissibility of electronic evidence. While the Indian Evidence Act, 1872 is the primary law in India dealing with all aspects of evidence, there are a few other specific laws which have also attempted to deal with the issue of electronic evidence. The primary law dealing with electronic evidence, namely, Section 65B of the Indian Evidence Act, 1872 has been the subject of multiple judicial battles and has run its course. There is an urgent need to relook at laws pertaining to electronic evidence and frame uniform laws on this issue which are easy to understand, simple to follow, and, most importantly, relevant to the times. This paper attempts to examine the historic background behind electronic evidence legislations and proposes a few solutions to issues being faced by investigating agencies.