LIJDLR

electronic evidence

A THEMATIC STUDY ON ELECTRONIC CONTRACTS IN THE DIGITAL AGE: VALIDITY, AUTHENTICATION, AND ENFORCEMENT IN THE INDIAN CONTEXT

Volume IV Issue II /

A THEMATIC STUDY ON ELECTRONIC CONTRACTS IN THE DIGITAL AGE: VALIDITY, AUTHENTICATION, AND ENFORCEMENT IN THE INDIAN CONTEXT M Prakash George, Assistant Professor at R N Patel Ipcowala School of Law and Justice, The Charutar Vidya Mandal (CVM) University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.208 The rise of digital technology and internet-based commerce has profoundly changed the conventional understanding of contractual relationships in India. E-contracts, or electronic contracts, have emerged as an essential aspect of contemporary business operations, allowing individuals and companies to form agreements via websites, mobile apps, electronic banking services, and online marketplaces. The increasing reliance on digital transactions has heightened the need to comprehend the legal validity, authentication processes, and enforceability of electronic contracts in the Indian legal framework. This study analyzes the legal structure regulating electronic agreements in India, emphasizing the clauses of the Information Technology Act, 2000 and the Indian Contract Act, 1872. It examines how key components of a valid contract, including voluntary consent, lawful consideration, capable parties, and the intent to establish legal relations, are utilized in electronic agreements. The study examines the legal acknowledgment of electronic records and digital signatures, emphasizing their significance in maintaining authenticity, integrity, and security in online dealings. Judicial rulings on click-wrap, browse-wrap, and shrink-wrap agreements are examined to grasp the changing stance of Indian courts regarding electronic contract practices. The research also tackles significant issues related to electronic contracts, such as cyber fraud, identity theft, data privacy worries, jurisdictional complexities, evidential challenges, and consumer protection in digital transactions. Particular focus is placed on the challenges emerging from cross-border e-commerce and the acceptance of electronic evidence as per Indian law. Furthermore, the study examines the effects of emerging technologies like blockchain and smart contracts, which are expected to shape the future of digital agreements and business regulation.

A THEMATIC STUDY ON ELECTRONIC CONTRACTS IN THE DIGITAL AGE: VALIDITY, AUTHENTICATION, AND ENFORCEMENT IN THE INDIAN CONTEXT Read More »

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 »

A COMPARATIVE STUDY OF ELECTRONIC EVIDENCE ADMISSIBILITY: INDIA’S BHARATIYA SAKSHYA ADHINIYAM, 2023 VIS-A-VIS THE US FEDERAL RULES OF EVIDENCE AND THE EU eIDAS REGULATION

Volume IV Issue II /

A COMPARATIVE STUDY OF ELECTRONIC EVIDENCE ADMISSIBILITY: INDIA’S BHARATIYA SAKSHYA ADHINIYAM, 2023 VIS-A-VIS THE US FEDERAL RULES OF EVIDENCE AND THE EU eIDAS REGULATION Mr. Shubh Gupta, B.A. LL.B. (H), 10th Semester, Student at Amity Law School, Amity University Madhya Pradesh (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.160 The Bharatiya Sakshya Adhiniyam, 2023 (BSA) represents a landmark legislative overhaul of India’s law of evidence, replacing the Indian Evidence Act, 1872, with a framework ostensibly calibrated for the digital age. This paper undertakes a systematic comparative analysis of the electronic evidence admissibility regime under the BSA vis-a-vis two of the most developed and influential frameworks globally: the United States Federal Rules of Evidence (FRE) and the European Union’s Regulation on Electronic Identification and Trust Services (eIDAS Regulation, 910/2014). Through doctrinal analysis and comparative legal methodology, the study scrutinises the conditions for admissibility, authentication standards, presumptive validity of electronic signatures, evidentiary weight accorded to electronic records, and cross-border recognition. The paper identifies three cardinal tensions. First, the BSA, despite reforms, continues to require rigid procedural certification (akin to the erstwhile Section 65B of the Indian Evidence Act, 1872) without fully embracing the flexible, process-based authentication models of the FRE. Second, while the eIDAS Regulation establishes a graduated trust hierarchy for electronic signatures with automatic evidentiary presumptions, neither the BSA nor the FRE has crafted a comparable statutory presumption of authenticity. Third, the cross-border recognition gap under the BSA remains acute when compared to the mandatory mutual recognition regime within the EU under eIDAS. The paper concludes with concrete suggestions for legislative reform, including adoption of a graduated authentication standard under the BSA, establishment of a statutory presumption for certified electronic records, and India’s accession to multilateral digital evidence treaties, to align India’s evidentiary framework with international best practices.

A COMPARATIVE STUDY OF ELECTRONIC EVIDENCE ADMISSIBILITY: INDIA’S BHARATIYA SAKSHYA ADHINIYAM, 2023 VIS-A-VIS THE US FEDERAL RULES OF EVIDENCE AND THE EU eIDAS REGULATION Read More »

LEGAL STATUS OF AI-GENERATED EVIDENCE IN INDIAN COURTS

Volume IV Issue I /

LEGAL STATUS OF AI-GENERATED EVIDENCE IN INDIAN COURTS Vansh Srivastava, Student at Amity University, Lucknow Campus, Uttar Pradesh (India) Dr. Arvind Kumar Singh, Associate Professor at Amity University, Lucknow Campus, Uttar Pradesh (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.102 The swift progression of Artificial Intelligence has changed the character of evidence in judicial proceedings. AI-generated content, including deepfake videos, synthetic audio, and AI-made digital content, poses serious and new challenges to the basic rules of admissibility, authenticity, and reliability of evidence. Although Indian law has been updated through the Bharatiya Sakshya Adhiniyam, 2023, which formally acknowledges electronic records as evidence, it does not specifically deal with the unique problems of AI-generated content. This paper looks at how Indian courts can deal with this problem before it gets worse. This paper examines the legal position of AI-generated evidence before Indian courts by looking at existing laws, court decisions and legal rules on electronic evidence. It also studies the challenges created by such evidence, including difficulties in authentication, the widely discussed “black box” problem of AI systems, break in chain of custody, and the potential for deliberate misuse. A comparative study of approaches adopted in jurisdictions such as the United States, the European Union, and the United Kingdom is conducted to identify international best practices. The paper argues that the existing Indian legal framework is not equipped to handle the specific dangers of AI-generated evidence and calls for clear changes, including explicit statutory recognition, better verification methods, required disclosure rules, and training for judges and courts. The study concludes that while AI can genuinely help justice, its uncontrolled use can destroy the very idea of truth that courts depend on.

LEGAL STATUS OF AI-GENERATED EVIDENCE IN INDIAN COURTS Read More »