BALANCING DATA PRIVACY AND DIGITAL FORENSIC INVESTIGATION IN INDIA: A CRITICAL ANALYSIS UNDER THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023 AND BHARATIYA SAKSHYA ADHINIYAM, 2023
Mayur Mahajan, BBA LLB(H), 5th Semester, Student at Jaipur National University (India)
Today’s digital landscape involves constant gathering, retention, and exchange of personal data via websites, apps, and online networks. The rapid rise in cybercrimes like hacking, online fraud, identity theft, and data breaches, driven by technological progress, has made digital forensic investigation a crucial component of the criminal justice system. This study investigates the interplay between data privacy and digital forensics in India, focusing specifically on the Digital Personal Data Protection Act and the Bharatiya Sakshya Adhiniyam of 2023. This research clarifies the definitions and boundaries of data privacy and digital forensics, while also examining the historical development of data protection and electronic evidence legislation in India. It also examines the constitutional dimensions of privacy, surveillance, and digital rights following the establishment of privacy as a fundamental right under Article 21. This study offers a critical examination of the 2023 DPDP Act and Bharatiya Sakshya Adhiniyam, focusing on their regulations concerning consent, data processing, electronic evidence, and investigative authority. The study further underscores the escalating tension between personal privacy and criminal probes. The study analyzes real-world obstacles in digital forensics, such as data encryption, cyber threats, technical skill gaps, and international cybercrimes. The research also examines key court rulings and contrasts India’s regulatory structure with global data protection norms. The study asserts that while digital forensics are vital for national security and law enforcement, they require constitutional and legal protections to safeguard individual privacy and digital liberties. It further indicates that India requires a digital investigation framework that is transparent, balanced, and focused on privacy. This study examines data privacy, digital forensics, and cybercrime under the 2023 DPDP Act and Bharatiya Sakshya Adhiniyam, focusing on electronic evidence, surveillance, and digital rights.
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| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 1366–1399. |
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