Abstract

The growing dependence on electronic technology in private and business life has generated a vast increase in the amount and importance of electronic documents. These comprise emails, electronic agreements, video recordings from monitoring, and mobile phone information, all of which can become vital pieces of evidence in court cases. But, as compared to conventional paper documents, electronic records pose distinct admissibility challenges because of authenticity, reliability, integrity, and tampering or manipulation issues. This article discusses the legal provisions for the admissibility of electronic evidence, with an emphasis on the Indian legal system, particularly the Indian Evidence Act, 1872, as updated by the Information Technology Act, 2000. The core area of debate is Section 65B of the Evidence Act, which has prescribed special procedural and technical requirements for the admission of electronic evidence. The article discusses landmark judgments, such as Anvar P.V. v. P.K. Basheer and Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, which had decided the jurisprudential approach to Section 65B certification as mandatory. In addition, the research compares United States and United Kingdom practices to see how common law jurisdictions are responding to equivalent challenges. It analyzes technological capabilities like hashing, digital signatures, and blockchain to establish their contribution towards making evidence more reliable. The paper concludes by proposing the creation of standardized protocols, judicial training in digital forensics, and legislative reform to bring legal processes into harmony with changing technological realities. Admissibility of electronic records remains a vital issue in securing justice being served and perceived to be served in the digital era.

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