This short article is authored by Prof. (Dr.) Nikhil Kashyap and Ripdiman Kaur, Assistant Professor, Department of Law, Delhi Global Institute of Management (DGIM), Faridabad, Haryana, India.
ASTRACT
In all criminal and civil cases, the nature of digital evidence has transformed with the recent advancements in the field of the Internet of Things. IoT devices not only help in homes and offices but also provide help in courts, and data generated through these devices assist in establishing facts before courts. The evidence generated by the Internet of Things is quite decentralized and processed by artificial intelligence, which creates complexity regarding its authenticity, integrity, and admissibility as evidence. In India, the major legal framework, that is, the Bharatiya Sakshya Adhiniyam, 2023, recognizes electronic evidence. Still, no provisions address the challenges posed by the admissibility of data generated by autonomous Internet of Things devices. Within the framework of the Bharatiya Sakshya Adhiniyam, 2023, this article will critically analyze the admissibility of IoT-generated evidence and identify the existing loopholes in the legislation.
Keywords: Internet of Things (IoT); Digital Evidence; Electronic Evidence; Bharatiya Sakshya Adhiniyam, 2023; Admissibility of Evidence; Artificial Intelligence; Authentication; Integrity of Evidence; Autonomous Devices; Indian Evidence Law.
