Journal of African Development

The rapid increase in cyber-enabled crimes has altered the dynamics of criminal investigation and adjudication in India, forcing courts to increasingly depend on digital forensic evidence. Ranging from mobile phone data and call detail records to Closed-Circuit Television footage (CCTV), emails and social media posts, digital evidence has become the pivot around which the guilt or innocence of the accused revolves. But the judicial acceptance of digital evidence remains irregular, influenced by concerns of authenticity, admissibility, procedural compliance and technological soundness. This research paper will investigate the response of Indian Courts, especially the Supreme Court of India and the High Courts, to digital forensic evidence over the past decade and examine how the courts have dealt with admissibility, evidentiary value, expert opinion and procedural requirements in digital evidence, while also highlighting issues relating to chain of custody, forensic certification and compliance under the Indian Evidence Act, 1872 and the recently introduced Bharatiya Sakshya Adhiniyam, 2023. The study also shows divide between the technological development of the investigative agencies and the courts’ interpretation to evaluate complex digital forensic evidence. There are some decisions that reflect progressive approach towards accepting forensic science, others demonstrate caution and scepticism, often leading to exclusion or reduced reliance on such evidence. This paper concludes by emphasizing the need for the development of judicial guidelines and forensic protocols and improved forensic literary among legal professionals..  .