Cybercrime and Digital Evidence: Legal Challenges in the Digital Age
By FairLex Editorial | February 15, 2026 · 1 min read
As technology evolves, so do the methods employed by cybercriminals. The legal system faces unprecedented challenges in addressing cybercrime, particularly in the collection, preservation, and admissibility of digital evidence.
The IT Act and Cybercrime
The Information Technology Act, 2000, along with its amendments, provides the primary legal framework for addressing cybercrime in India. Key offenses covered include:
- Unauthorized access to computer systems (Section 43)
- Data theft and identity fraud (Section 66)
- Cyber terrorism (Section 66F)
- Publishing obscene material (Section 67)
Digital Evidence Under the Evidence Act
The Bharatiya Sakshya Adhiniyam (BSA) recognizes electronic records as admissible evidence. However, the standards for authentication and preservation of digital evidence remain complex and evolving.
Challenges for Law Enforcement
Cross-border jurisdiction, encrypted communications, and rapidly evolving technology pose significant challenges for law enforcement agencies investigating cybercrime.