Keeping Pace with Legal Change
The alarming increasing trend of the so-called digital arrests has been strictly checked by a Supreme Court bench including Justice Surya Kant and Justice Joymalya Bagchi who have assumed a no-nonsense attitude. The bench has turned into a nightmare to cyber extortionists meaning that the era of simple advisories is long gone
The Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaces the Indian Evidence Act of 1872, introduces Section 194 that deals with the presumption of certain offenses based on electronic evidence. This section allows courts to assume that specific crimes have been committed if there are authenticated digital records to support this. This aligns with the BSA’s goals of modernization. Additionally, related provisions regarding the admissibility of electronic evidence (Sections 63-65) improve procedural clarity and integrity, highlighting the importance of expert certification and secure handling. These changes signify India’s move towards a technology-driven justice system, addressing modern challenges like cybercrime while upholding fundamental evidentiary principles.
