DIGITAL EVIDENCE AND CYBERCRIME: ADMISSIBILITY AND CHALLENGES UNDER INDIAN LAW

ABSTRACT 

The rapid advancement of digital technology has transformed the way crimes are committed and investigated, leading to the rise of complex cybercrimes that transcend geographical boundaries. In today’s digital era, electronic devices and online platforms are frequently used to commit offenses such as hacking, data breaches, identity theft, online financial fraud, cyberstalking, and cyberterrorism. As a result, digital evidence has become a crucial component in modern criminal investigations and judicial proceedings. Digital evidence includes data stored, transmitted, or retrieved from electronic devices such as computers, mobile phones, social media accounts, CCTV systems, and cloud storage. However, the admissibility of such evidence in court presents unique legal and technical challenges. Unlike traditional forms of evidence, digital evidence is highly susceptible to tampering, unauthorized access, and manipulation. Ensuring its authenticity, reliability, and integrity is vital for maintaining the credibility of judicial processes. Section 65B of the Indian Evidence Act, 1872 (now Bharatiya Sakshya Adhiniyam, 2023) provides the legal framework for admitting electronic records, requiring proper certification to safeguard against alteration. This paper examines the role and significance of digital evidence in cybercrime cases under Indian law. It highlights the major challenges in handling and presenting such evidence, discusses key case laws like Ram Singh v. Col. Ram Singh, and emphasizes the need for robust legal mechanisms, advanced forensic practices, and public awareness to effectively combat cybercrime in India.

KEY WORDS: Digital Evidence, Cybercrime, digital records, data protection, Evidence, Digital technology

INTRODUCTION 

In today’s digital age, electronic data plays a vital role in solving crimes and delivering justice. Digital evidence refers to any information that is stored, transmitted, or retrieved in an electronic form, including data from computers, mobile phones, social media platforms, and online financial transactions. In India, digital evidence has become indispensable in investigating and prosecuting cybercrimes, such as hacking, financial fraud, and cyberstalking. While digital evidence has immense potential to strengthen criminal investigations, it also comes with significant challenges. Its authenticity and integrity must be carefully preserved, as electronic data can be easily altered, deleted, or manipulated. Moreover, technological vulnerabilities, lack of proper handling, and insufficient expertise among investigators can compromise the reliability of such evidence.

As cybercriminals adopt more advanced techniques, the legal system must evolve to address these emerging threats. Courts now rely on stringent verification processes and expert testimony to determine the admissibility of digital evidence. This evolving framework aims to ensure fair trials while keeping pace with the rapidly changing landscape of technology and cybercrime.

DIGITAL EVIDENCE AND CYBERCRIME

Digital evidence and cyber crime are deeply interconnected in today’s world particularly in indian context. Cybercrimes are the offences committed by using computers, networks, digital devices including hacking, financial fraud, data breaches and cyber stalking. The explosive growth of these  crimes in India has made digital evidence data stored or transmitted electronically essential for both investigation and prosecution. Digital evidence is often the primary form of proof in cybercrime cases. This includes emails, call logs, social media activity, files recovered from digital devices. For example, in major cyberattack cases, data from satellite phones, GPS equipment, or internet activity logs has been central to understanding and solving the crime.

CHALLENGES IN DIGITAL EVIDENCE AND CYBERCRIME

• Risk of Tampering and Cyber Threats in Digital Evidence Management: 

While collecting digital evidence is generally straightforward, the real challenge lies in safeguarding it against data breaches, tampering, and cyber-attacks. Ensuring its security and integrity is a complex task, as preventing such threats and detecting any manipulation can be difficult. To address these concerns, law enforcement agencies should implement advanced, enterprise-grade digital evidence management systems equipped with strong security features. These systems help protect evidence and detect any attempts at tampering, thereby maintaining its authenticity and reliability.

• Human Errors and Mishaps Compromising Digital Evidence Integrity:

Ensuring the integrity of digital evidence requires skilled personnel with proper knowledge and expertise. It is essential to balance and manage workloads effectively to prevent any negative impact on investigations. Even a small mistake can render evidence inadmissible in court. Therefore, regular training should be provided to investigators on evidence handling, standard procedures, and the use of relevant technology. This ongoing training helps minimize errors and maintain the credibility of the evidence presented in legal proceedings.

• Challenges in Presenting Digital Evidence in Court:

If digital evidence is declared inadmissible in court due to issues in its proper handling, agencies must also consider the court’s technological facilities and internet connectivity when preparing to present such evidence. Secure transportation and presentation of the evidence should be ensured accordingly.

• People are unaware of their cyber rights: 

Cybercrimes often target individuals who lack literacy and are unaware of the cyber rights provided by their country’s government.

• Less numbers of case registered: 

Every nation faces the challenge of cybercrime, and its incidence is rising daily as many victims do not report such cases, making it a significant challenge for both the public and authorities.

• No harsh punishment: 

In Cyber crime there is no harsh punishment in every cases. But there is harsh punishment in some cases like when somebody commits cyber terrorism in that case there is harsh punishment for that individual. But in many other cases there is no harsh punishment so this factor also gives encouragement to that person who commits cyber crimes.

ADMISSIBILITY OF DIGITAL EVIDENCE AND CYBERCRIME 

After the acquisition and analysis of the evidence, admissibility is the next step in the process of any cybercrimes investigation. Evidence is produced before a judge or a jury to prove a fact in a case. Admissibility of evidence refers to the application of a set of legal rules by a judge to determine whether or not the evidence may be proffered.

• Authenticity:

Authenticity is the foundation of admissibility for any form of evidence. In the context of digital evidence, authenticity means proving that the electronic record originated from the stated source and has not been manipulated. Since digital data can be easily altered or fabricated using software tools, courts must be satisfied that the evidence presented is genuine. It Is Established through metadata analysis showing the time, date, and origin of the file. By submitting a Section 65B certificate that authenticates the record. Testimony of a person who directly managed or created the data.

• Section 65B Certificate:

Section 65B deals specifically with electronic records and lays down the conditions under which electronic evidence can be admitted in court. It states that any electronic record (such as emails, CCTV footage, WhatsApp chats, call recordings, or data logs) can be considered a documentary piece of evidence if. It is produced in the form of a computer output. Section 65B plays a pivotal role in ensuring that digital evidence in cyber crime cases is reliable and legally admissible. The certificate acts as a safeguard against data tampering and reinforces the authenticity of electronic records.

• Reliability of the Source:

Reliability concerns the system or device from which the electronic record was produced. Courts must be assured that the device was functioning properly at the relevant time. It was operating in the ordinary course of business or regular activities. The data captured by the system is accurate and dependable. If the device generating the record was faulty or compromised, the evidence it produces may be inaccurate or misleading.

CASE LAW : RAM SINGH V. COL. RAM SINGH

• This case dealt with the admissibility of tape-recorded conversations as evidence in court. The issue was whether such recordings could be relied upon as primary evidence and under what conditions they would be considered valid.
• Whether tape-recorded conversations are admissible under the Indian Evidence Act, 1872, and what safeguards are necessary to prevent misuse or fabrication.
• The Court held that tape-recorded statements are admissible evidence if certain conditions are satisfied. It emphasized that recordings must be authentic, relevant, and not tampered with.
• The Court outlined essential requirements for admitting such evidence:The voice must be identified clearly by the person producing the evidence or by an expert. The accuracy of the recording must be proven and free from any alterations. The recording device must be shown to have been working properly at the time. The evidence must be lawfully obtained, respecting privacy and legal provisions.
• This landmark case paved the way for electronic evidence, setting foundational principles for the admissibility of digital records. It is often cited in cases involving modern digital evidence like CCTV footage, call recordings, and cybercrime investigations, forming the basis for Section 65B interpretation under the Evidence Act.

CONCLUSION 

The rapid growth of technology has transformed almost every aspect of life, including the way crimes are committed and investigated. With the increasing prevalence of cybercrimes such as hacking, identity theft, and online fraud, digital evidence has become a cornerstone of modern law enforcement and judicial processes. For such evidence to be admissible in court, it must meet strict requirements of authenticity, reliability, and proper certification, as outlined under Section 65B of the Indian Evidence Act, 1872 (now Bharatiya Sakshya Adhiniyam, 2023).

However, several challenges persist. The integrity of digital evidence can be compromised by tampering, mishandling, or technical flaws, while the sheer volume of electronic data often complicates investigations. In addition, gaps in awareness, limited expertise among investigators, and inadequate infrastructure further hinder the effective use of digital evidence. To overcome these obstacles, India must focus on strengthening its legal and technical framework. This includes providing advanced forensic tools, specialized training for law enforcement personnel, and public education on cyber rights and responsibilities. The Information Technology Act, 2000, alongside evolving judicial interpretations, offers a foundation for tackling cybercrime, but continuous reforms are necessary to keep pace with technological advancements. By addressing these challenges, the legal system can ensure that digital evidence is used effectively and fairly, fostering trust, transparency, and justice in the fight against cybercrime.

REFERENCES

1. Vedwal A, Admissibility of Digital Evidence for Cybercrime Investigation / Prosecution — The Amicus Curiae (unpublished University of Petroleum & Energy Studies student paper, Jan-May 2023) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4443356

2. Daniyal Hassan, ‘8 Challenges in Handling Digital Evidence and How to Solve Them’ VIDIZMO AI (19 August 2025) https://vidizmo.ai/blog/handling-digital-evidence.

3. GeeksforGeeks, ‘Cyber Crime’ GeeksforGeeks (11 July 2025) https://www.geeksforgeeks.org/ethical-hacking/cyber-crime.

4. Aman Vedwal, ‘Admissibility of Digital Evidence’ (Seminar paper, School of Law, University of Petroleum & Energy Studies, Dehradun, January–May 2023) https://www.scribd.com/document/719619331/Admissibility-of-Digital-Evidence.