The changes brought about by Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023 are a commendable effort to align India’s legal framework with the demands of the digital era. This provision not only enhances the credibility of digital evidence but also places India among the leading countries in adopting comprehensive legal standards for electronic data. As digitalization continues to transform legal landscapes globally, such measures are crucial for ensuring justice and maintaining public trust in the judicial process.
In comparison with other countries, India’s approach under Section 63(4) is both progressive and precise. For example, while the United States has established the Federal Rules of Evidence, which allow for the inclusion of digital evidence, they do not mandate specific technical standards such as hash functions. Similarly, in the European Union, while the eIDAS Regulation (Electronic Identification, Authentication and Trust Services) sets standards for electronic signatures, it lacks detailed requirements for digital evidence hashing. The specificity of Section 63(4) in requiring hash functions provides a clear and uniform standard for the admissibility and verification of digital records in India.
Source: Barandbench
