The Bharatiya Sakshya Adhiniyam: How Digital Evidence Can Now Be Used Against You
“You are under arrest; you have the right to remain silent; what you say can be used against you in a court of law.”
Rings a bell? It probably does if you’re a Hollywood crime movie buff.
Well, effective July 1st, what you say or share on electronic media can be used against you in India’s courts of law.
The Bharatiya Sakshya Adhiniyam (BSA), replacing the Indian Evidence Act, came into effect on July 1, 2024, and has introduced major changes in how evidence is processed. Here’s what today’s #TechUpdate covers.
Key Changes Brought by the BSA
With the BSA, electronic or digital records are now explicitly admissible in legal proceedings. This means you can no longer deny the validity of electronic evidence just because of its digital nature. Emails, photos, and even server logs now have the same legal weight as traditional paper documents.
Broadened Definition of Digital Evidence
The BSA goes further to include information stored in semiconductor memory or communication devices like smartphones and laptops. In today’s world of AI, morphing, and deep fakes, digital content such as screenshots, photos, and texts can now be legally used as evidence in Indian courts.
What Does This Mean for You?
Now, everything you share on your digital devices—from a WhatsApp screenshot to a server log—could be used as legal evidence. This transformation in our legal system reflects the growing importance of digital documentation and presents a new era for law enforcement and cybersecurity.
But with technology evolving faster than ever, the bigger question is: Is our judiciary ready for this change?
What do you think about the new Bharatiya Sakshya Adhiniyam? Is our legal system prepared for the complexities of digital evidence, especially with the rise of deepfakes and AI-generated content? Let us know in the comments below!
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