Introduction
In the digital era, almost every crime leaves behind an electronic footprint — CCTV footage, mobile chats, call records, location data, server logs, emails, social media activity, and more. As a result, digital evidence has become central to criminal investigations. However, its admissibility in courts depends on strict legal compliance, authenticity, and proper certification.
This blog explains how digital evidence is admitted in criminal trials, common challenges, and best practices for investigators and litigators.
1. What is Digital Evidence?
Digital evidence refers to any information stored, transmitted, or received in electronic form, including:
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CCTV footage
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Call detail records (CDRs)
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WhatsApp chats & emails
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GPS/location data
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Hard drive or mobile data
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Server logs
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Social media posts
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Audio & video recordings
Under the Indian Evidence Act (IEA), Section 3, electronic records are treated as “documents.”
2. Legal Framework for Admissibility of Digital Evidence
(a) Section 65B, Indian Evidence Act
This is the cornerstone for admitting digital evidence.
Key requirements:
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The electronic record must be produced in the form of a printout, CD, DVD, pen-drive, etc.
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It must be accompanied by a 65B(4) Certificate, signed by a responsible official.
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The certificate must confirm:
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The device was used regularly
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The data is authentic
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The copy is a true reproduction
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Without a 65B certificate, the evidence is usually inadmissible, unless covered by certain exceptions in later judgments.
(b) Relevant Case Laws
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Anvar P.V. v. P.K. Basheer (2014) – Established strict compliance with Section 65B.
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Shafhi Mohammad v. State of Himachal Pradesh (2018) – Relaxed requirement where original device cannot be accessed.
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Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) – Reaffirmed Anvar; 65B certificate mandatory.
3. Key Challenges in Using Digital Evidence
1. Tampering & Manipulation
Digital data can be easily edited, deleted, or altered. Courts therefore require strong authentication.
2. Chain of Custody Issues
Improper handling can make evidence unreliable. Every device must be documented from seizure to presentation.
3. Lack of 65B Certification
This is the most common reason digital evidence gets rejected in courts.
4. Technical Complexity
Judges, lawyers, and police often struggle with:
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Forensic imaging
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Metadata
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Hash values
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Data recovery
5. Third-Party Dependencies
Many digital records are controlled by telecom companies, social media platforms, banks, etc., causing delays.
4. Best Practices for Handling Digital Evidence
(1) Maintain a Strong Chain of Custody
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Seize devices properly (mobile, laptop, DVR, etc.)
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Seal, label, and photograph them
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Document every transfer of possession
(2) Always Generate a Forensic Image
Investigations should be done on a clone, not the original device, to preserve integrity.
(3) Use Hash Values for Authenticity
Use MD5/SHA-1/SHA-256 hashing to prove the data is untampered.
(4) Ensure Section 65B Compliance
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Obtain the 65B certificate early
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Ensure it is signed by the appropriate person
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Confirm the device and process used to produce the data
(5) Preserve Metadata
Metadata like timestamps, GPS data, and file creation time is crucial for proving the authenticity of digital records.
(6) Engage Cyber Forensic Experts
Their testimony is often decisive in establishing validity.
(7) Cross-Verification
Verify electronic records with:
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CDRs
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CCTV timestamps
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Tower location
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IP logs
Multiple data points strengthen the prosecution’s case.
5. Why Digital Evidence Is Increasingly Crucial
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Over 70% of crimes now involve some digital footprint
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Courts increasingly rely on electronic records for conviction
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Cybercrime is rising exponentially
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New BNSS provisions emphasize electronic documentation and record-keeping
Digital evidence ensures faster, more accurate investigations and increases the chances of conviction.
Conclusion
Digital evidence is no longer optional—it is indispensable in modern criminal trials. But its admissibility depends on strict legal compliance, proper certification, and robust handling procedures. Lawyers and investigators who understand Section 65B, chain of custody, and forensic best practices can significantly strengthen their case.
