Cyber Crime and Digital Evidence Under Bharatiya Nyaya Sanhita (BNS)

References

[1] National Crime Records Bureau, Crime in India 2023: Cyber Crime Report (Ministry of Home Affairs, 2024).

[2] Information Technology Act, 2000 (Act 21 of 2000), as amended in 2008.

[3] Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).

[4] Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).

[5] Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).

[6] Indian Penal Code, 1860 (Act 45 of 1860).

[7] Indian Evidence Act, 1872 (Act 1 of 1872).

[8] Code of Criminal Procedure, 1973 (Act 2 of 1974).

[9] Indian Penal Code, 1860 (Act 45 of 1860).

[10] Indian Penal Code, 1860 (Act 45 of 1860).

[11] Information Technology Act, 2000 (Act 21 of 2000), as amended in 2008.

[12] Shreya Singhal v. Union of India, (2015) 5 SCC 1 (Supreme Court of India).

[13] Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).

[14] Tukaram S. Dighole v. Manikrao Shivaji Kokate, (2010) 4 SCC 329 (Supreme Court of India).

[15] Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).

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[17] Avnish Bajaj v. State (NCT of Delhi), (2008) 150 DLT 769 (Delhi High Court).

[18] Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).

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[20] Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).

[21] Shreya Singhal v. Union of India, (2015) 5 SCC 1 (Supreme Court of India).

[22] Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).

[23] Information Technology Act, 2000 (Act 21 of 2000), as amended in 2008.

[24] Indian Evidence Act, 1872 (Act 1 of 1872).

[25] Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).

[26] Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).

[27] Indian Evidence Act, 1872 (Act 1 of 1872).

[28] Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).

[29] Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).

[30] Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).

[31] Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).

[32] Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).

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[35] Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1 (Constitution Bench).

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[37] Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).

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[48] Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).

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[52] Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).

[53] Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473 (Supreme Court of India).

[54] State (NCT of Delhi) v. Navjot Sandhu, (2005) 11 SCC 600 (Supreme Court of India).

[55] Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473 (Supreme Court of India).

[56] Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1 (Constitution Bench).

[57] Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1 (Constitution Bench).

[58] Sonu v. State of Maharashtra, (2021) SCC Online Bom 887 (Bombay High Court).

[59] V.D. Swamy v. State, (2022) SCC Online Mad 2341 (Madras High Court).

[60] Shakti Vahini v. Union of India, (2018) 7 SCC 192 (Supreme Court of India).

[61] Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).

[62] Information Technology Act, 2000 (Act 21 of 2000), as amended in 2008.

[63] Council of Europe, Convention on Cybercrime (Budapest Convention), ETS No. 185 (2001).

[64] Information Technology Act, 2000 (Act 21 of 2000), as amended in 2008.

[65] Vineeth V.S. v. State, (2021) 5 KHC 367 (Kerala High Court).

[66] Digital Personal Data Protection Act, 2023 (Act 22 of 2023).

[67] Digital Personal Data Protection Act, 2023 (Act 22 of 2023).

[68] Digital Personal Data Protection Act, 2023 (Act 22 of 2023).

[69] Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).

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[74] Digital Personal Data Protection Act, 2023 (Act 22 of 2023).

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[78] Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).

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[92] Ministry of Home Affairs, Report of the Expert Committee on Cyber Crime Investigation Standards (2022).

[93] Council of Europe, Convention on Cybercrime (Budapest Convention), ETS No. 185 (2001).

[94] UNODC, Comprehensive Study on Cybercrime (United Nations Office on Drugs and Crime, 2013, updated 2022).

[95] Law Commission of India, 248th Report: Obsolescence of the Evidence Act and Need for Reform (2014).

[96] Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).

[97] Law Commission of India, 248th Report: Obsolescence of the Evidence Act and Need for Reform (2014).

[98] CERT-In, Annual Report 2023-24 (Ministry of Electronics and Information Technology, 2024).

[99] Law Commission of India, 248th Report: Obsolescence of the Evidence Act and Need for Reform (2014).

[100] Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).

[101] Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).

[102] Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).

[103] National Crime Records Bureau, Crime in India 2023: Cyber Crime Report (Ministry of Home Affairs, 2024).

[104] Ministry of Home Affairs, Report of the Expert Committee on Cyber Crime Investigation Standards (2022).

[105] Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).

[106] Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).

[107] Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).

[108] Parliamentary Standing Committee on Home Affairs, 227th Report on the Bharatiya Nyaya Sanhita Bill, 2023 (Rajya Sabha Secretariat, 2023).

@article{1719396,
      author = {Kunal Gupta},
      title = {Cyber Crime and Digital Evidence Under Bharatiya Nyaya Sanhita (BNS)},
      journal = {Iconic Research And Engineering Journals},
      year = {2026},
      volume = {10},
      number = {1},
      pages = {1-14},
      issn = {2456-8880},
      url = {https://www.irejournals.com/formatedpaper/1719396.pdf},
      abstract = {The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) are the biggest paradigm shift in the Indian approach towards crime, procedure and evidence. This research paper brings a detailed doctrinal and analytical analysis of the legal regime for cyber crimes and digital evidence under these three changing legislations in place of Indian Evidence Act, Indian Penal Code and Code of Criminal Procedure that has remained unchanged for more than one hundred and fifty years. The study traces the evolution of norms from IPC/IT Act to BNS, and breaks down the legislation related to online fraud, identity theft, phishing, cyberstalking, digital impersonation, ransomware, deepfake misuse and social media offences. Critically reviews the requirements for admissibility of electronic records in the BSA, 2023, including Sections 61–63, which cover certification, expert testimony rules, and metadata, cloud data and forensic outputs. The paper also discusses procedural safeguards to ensure integrity of the digital evidence collection procedures, the chain of custody and the role of cyber forensic laboratories in the BNSS. The study highlights the ongoing anxieties of courts regarding the reliability of electronic evidence as identified through an analysis of landmark cases, namely, Anvar P.V. v. P.K. Basheer (2014), Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020), and further cases. It then addresses border issues, such as cross-border jurisdiction, encryption, AI-generated content authentication, preservation of evidence using blockchain, and data privacy issues stemming from the Digital Personal Data Protection Act, 2023. The paper ends with a multi-dimensional framework of reform which brings together technological, legislative and institutional suggestions for India to build a strong digital justice framework.},
      keywords = {Cyber Crime, Digital Evidence, BNS 2023, BSA 2023, BNSS 2023, Electronic Records, Cyber Forensics, Digital Justice, Artificial Intelligence, Blockchain, and Cyber Security.},
      month = {July},
      doi = {https://doi.org/10.64388/IREV10I1-1719396}
  }