LIJDLR

DPDP Act 2023

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

Volume IV Issue II /

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) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.205 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.

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 Read More »

ANALYZING THE LINK BETWEEN DIGITAL PROFILE AND REAL-WORLD OFFENCES

Volume IV Issue II /

ANALYZING THE LINK BETWEEN DIGITAL PROFILE AND REAL-WORLD OFFENCES Harsh Khatri, B.A.LL.B. (H), 10th Semester, Student at Atal Bihari Vajpayee School of Legal Studies, Chhatrapati Shahu Ji Maharaj University, Kanpur (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.194 The proliferation of digital technologies has sparked a sociotechnical revolution that has fundamentally reorganized the structures of human identity and interpersonal relationships. While digital profiles were first introduced as safe havens of social networking information, their use has been extended to become highly detailed “datafied identities,” including personal details such as biometric characteristics, geo-location information, profession, and behavior. They are therefore extremely profitable targets of crime because of the amount of personal data that they provide. This research paper provides a thorough socio-legal, criminological, and comparative investigation of the connection between the abuse of digital identity and actual crime. The environmental criminology theories of Cyber-Routine Activity Theory (CRAT) and Space Transition Theory are applied to explain how structural anonymity and geographical dissociation create opportunities for tangible damage, from economic crime to cyber-stalking and violent attacks. The research investigates the change in the legislative architecture in India from the colonial-era criminal code to the Bharatiya Nyaya Sanhita (BNS) 2023; evidence laws outlined in the Bharatiya Sakshya Adhiniyam (BSA) 2023; and data governance regulations under the Digital Personal Data Protection (DPDP) Act 2023 and its implementation rules in 2025. In addition, the paper discusses the rising challenge posed by generative artificial intelligence (GenAI) and deep-fakes, analyzing the effectiveness of the amendments made to the Information Technology Rules in 2025 and 2026 concerning the regulation of “Synthetically Generated Information” (SGI). Using a comparative jurisprudence framework considering the European Union, the United States, and the United Kingdom, this paper examines important structural weaknesses in current enforcement practices, discusses the development of personality rights, and proposes a preventive approach to legal intervention using technology.

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NAVIGATING THE PERSONAL DATA CONTOURS UNDER THE DIGITAL PERSONAL DATA PROTECTION ACT 2023

Volume 1 Issue IV /

NAVIGATING THE PERSONAL DATA CONTOURS UNDER THE DIGITAL PERSONAL DATA PROTECTION ACT 2023 Amri Gupta, Student at ICFAI Law School, IFHE, Hyderabad. Download Manuscript ABSTRACT The Digital Personal Data Protection Act, 2023, is a pivotal legislation in India’s digital governance landscape, aiming to address the growing need for robust data protection laws in the digital era. It defines and regulates personal data, introducing key entities like Data Fiduciary and Significant Data Fiduciary, along with strict obligations and penalties for non-compliance. However, the Act’s impact is not without challenges, particularly in its potential conflicts with the Right to Information Act, 2005. Amendments to the RTI Act’s Section 8(1)(j), expanding non-disclosure of personal data-related information, raise questions about the balance between data protection and the fundamental right to information. The role of the Data Protection Board emerges as crucial, tasked with providing clarity and guidance on the Act’s implementation. This article underscores the importance of striking a balance between data protection and the right to information, calling for nuanced approaches that safeguard privacy while ensuring transparency and accountability. It examines the Act’s provisions and highlights challenges, emphasizing the vital role of the Data Protection Board in providing much-needed clarity. The analysis stresses the need for clear guidelines and robust regulatory oversight to ensure the Act’s effective implementation. While the DPDP Act 2023 is a significant stride in data governance, the importance of well-defined guidelines becomes evident as India adapts to the intricacies of the digital age. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 98-112. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024 Recent content Author Details (NIKITA AMBWANI & RUPALI CHAUHAN) LAW STUDENTS, UNIVERSITY OF RAJASTHAN, JAIPUR Publication Details Volume 1 Issue 1 Year 2022 Published on 01/09/2022

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