Impact of Technology on the Law of Evidence

The rapid advancement of digital technology
has fundamentally transformed the traditional
framework of the law of evidence. Contemporary legal
systems increasingly rely on electronic records such as
emails, social media communications, CCTV footage,
and digital forensic data, thereby expanding the scope of
admissible evidence beyond conventional oral and
documentary forms. In India, legislative developments—
particularly the Information Technology Act, 2000 and
amendments to the Indian Evidence Act, 1872—have
provided statutory recognition to electronic evidence,
especially under Sections 65A and 65B.
However, the integration of technology into evidentiary
processes presents complex challenges relating to
admissibility, authenticity, integrity, and reliability.
Strict procedural requirements, such as certification
under Section 65B, have often resulted in the exclusion of
otherwise relevant evidence. Additionally, issues such as
cyber manipulation, lack of technical expertise among
legal professionals, and inadequate forensic
infrastructure further complicate judicial evaluation.
This article critically examines the evolution of the law of
evidence in the digital era, analyzes the legal framework
governing electronic evidence, and highlights the
challenges faced by courts in adapting to technological
advancements. It also explores comparative
international practices and suggests reforms aimed at
balancing technological innovation with fundamental
principles of justice.