Publication Details
Issue: Vol 63, No (2025)
ISSN: 2544-980X
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Abstract

The rapid evolution of artificial intelligence has introduced deepfake technology as one of the most disruptive challenges to the integrity of digital evidence in modern legal proceedings. India's newly enacted Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaces the Indian Evidence Act of 1872, represents a significant legislative attempt to modernize the evidentiary framework for the digital age. However, questions remain about whether this legislation is adequately equipped to address the admissibility, authentication, and reliability of digital evidence in an era where synthetic media can convincingly fabricate reality. This paper examines the provisions of the BSA related to electronic and digital evidence, evaluates the admissibility challenges posed specifically by deepfake technology, and critically analyses the gap between existing legal standards and the technical sophistication required to adjudicate deepfake-related disputes. Drawing on comparative legal analysis, technical literature, and doctrinal research, this paper argues that while the BSA marks a progressive departure from its colonial predecessor, it requires supplementary statutory guidance, judicial training, and forensic infrastructure to effectively govern deepfake evidence. The paper concludes with policy recommendations for legislative reform and institutional capacity building within India's justice system.

Keywords
Bharatiya Sakshya Adhiniyam digital evidence deepfakes admissibility artificial intelligence electronic records