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Article Volume 8 Issue 2 5033 - 5044 April 27, 2025

Digital Proof on Trial: An Analysis of Section 65B and Admissibility of Electronic Evidence in Trial Court

Lead author · Corresponding
Akash Tripathi
LL.M. student at Gautam Buddha University, Opposite Yamuna Expressway, Noida, Uttar Pradesh, India
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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Article
Information
International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 5033 - 5044
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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