Author: Kunal Gupta, Student at Bhartiya Vidyapeth University
ABSTRACT
The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) are the biggest paradigm shift in the Indian approach towards crime, procedure and evidence. This research paper brings a detailed doctrinal and analytical analysis of the legal regime for cyber crimes and digital evidence under these three changing legislations in place of Indian Evidence Act, Indian Penal Code and Code of Criminal Procedure that has remained unchanged for more than one hundred and fifty years. The study traces the evolution of norms from IPC/IT Act to BNS, and breaks down the legislation related to online fraud, identity theft, phishing, cyberstalking, digital impersonation, ransomware, deepfake misuse and social media offences. Critically reviews the requirements for admissibility of electronic records in the BSA, 2023, including Sections 61–63, which cover certification, expert testimony rules, and metadata, cloud data and forensic outputs. The paper also discusses procedural safeguards to ensure integrity of the digital evidence collection procedures, the chain of custody and the role of cyber forensic laboratories in the BNSS. The study highlights the ongoing anxieties of courts regarding the reliability of electronic evidence as identified through an analysis of landmark cases, namely, Anvar P.V. v. P.K. Basheer (2014), Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020), and further cases. It then addresses border issues, such as cross-border jurisdiction, encryption, AI-generated content authentication, preservation of evidence using blockchain, and data privacy issues stemming from the Digital Personal Data Protection Act, 2023. The paper ends with a multi-dimensional framework of reform which brings together technological, legislative and institutional suggestions for India to build a strong digital justice framework.
KEYWORDS: Cyber Crime, Digital Evidence, BNS 2023, BSA 2023, BNSS 2023, Electronic Records, Cyber Forensics, Digital Justice, Artificial Intelligence, Blockchain, and Cyber Security.
