The Role of Technology in BNSS: Digital Evidence and Cyber Crimes with

Case Studies

Abstract
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, introduces substantial technological
advancements in criminal procedures, particularly in the domain of digital evidence and cyber
crimes. This research paper critically examines the integration of technology within BNSS, its
implications for law enforcement, and its effectiveness in handling cyber crimes. Through a
comprehensive analysis of legal provisions, challenges, and case studies, this paper explores how
BNSS enhances digital forensic capabilities while identifying areas requiring further
development. The study underscores the necessity of strengthening forensic infrastructure,
ensuring judicial oversight, and promoting cybersecurity awareness to effectively combat digital
crimes.

1.Introduction

The enactment of BNSS, 2023, represents a paradigm shift in India's criminal justice framework,
incorporating technology-driven provisions to tackle the growing menace of cyber crimes 1.
Digital evidence, encompassing electronic records, metadata, and forensic data recovery, plays
an indispensable role in modern investigative processes. This research aims to analyze the legal
framework governing digital evidence under BNSS, assess its efficacy in cyber crime
prosecution, and propose policy recommendations for the enhancement of digital forensic
capabilities.

2. Literature Review
To provide a theoretical foundation, this study reviews the following aspects:
 2.1 Evolution of Technology in Criminal Justice Systems: Examining global best
practices in integrating digital forensics within legal frameworks.
 2.2 Legal Framework Governing Digital Evidence in India: Analyzing relevant
statutory provisions, including the Information Technology Act, 2000, and the Indian
Evidence Act, 18722.
 2.3 Challenges in Prosecuting Cyber Crimes: Evaluating obstacles faced by law
enforcement agencies, judicial authorities, and forensic experts in the authentication and
admissibility of digital evidence3.

1
BNSS, 2023, Section 173
2
IT Act, 2000, Section 65B
3
Basu, D.D., Law of Evidence
3. Legal Analysis and Discussion
3.1 Technological Provisions in BNSS Related to Digital Evidence and Cyber Crimes
 3.1.1 Definition and Admissibility of Digital Evidence: BNSS incorporates provisions
that align with global standards for the admissibility of electronic records and forensic
data in judicial proceedings.
 3.1.2 Role of Electronic Means in Investigations and Trials: The utilization of
surveillance tools, data analytics, and encrypted communications as critical components
in cyber crime investigations.
 3.1.3 Regulatory Framework for Cyber Crime Investigations: Strengthening legal
mechanisms for the collection, preservation, and examination of digital evidence while
ensuring compliance with data protection regulations.

3.2 Challenges in Implementing BNSS Technology Provisions

 3.2.1 Authenticity and Admissibility Concerns: Addressing evidentiary challenges

posed by data manipulation, deepfake technology, and chain of custody requirements4.
 3.2.2 Law Enforcement Capacity and Forensic Limitations: Evaluating the technical
expertise and resources available to investigative agencies in handling complex digital
forensic procedures5.
 3.2.3 Privacy and Legal Safeguards: Ensuring a balance between cybersecurity
imperatives and individual privacy rights through judicial oversight and constitutional
safeguards.

4. Case Studies

 4.1 Aadhaar Data Breach Case: Analyzing security vulnerabilities in India’s digital
identity infrastructure and the legal implications of large-scale data breaches 6.

 The Aadhaar data breach cases involve multiple incidents where sensitive biometric and
personal data linked to India's UIDAI database were exposed. Reports surfaced of
unauthorized access, data leaks, and illegal sales of Aadhaar details. The government
denied large-scale breaches but strengthened security measures under the Aadhaar Act
and IT laws.

4
Anvar P.V. v. P.K. Basheer (2014)
5
Kshetri, N. (2019), Cybercrime and Cybersecurity in India
6
Justice K.S. Puttaswamy v. Union of India (2017)
  4.2 Cosmos Bank Cyber Attack (2018): Examining financial fraud tactics, digital
forensic methodologies, and the role of international cooperation in cyber crime
investigations7.

 The 2018 Cosmos Bank cyber attack was a major financial breach where hackers stole
₹94.42 crore using malware to bypass the bank’s systems. The attack involved fraudulent
transactions via Visa and RuPay debit cards across 28 countries, along with unauthorized
SWIFT transfers. The bank’s core banking system remained unaffected.
 4.3 Bulli Bai App Case (2022): Investigating digital footprints in online harassment
cases and the regulatory response towards social media-based cyber offenses.

 The Bulli Bai app case (2021-22) involved an online auction of Muslim women’s photos
without consent, targeting journalists and activists. Hosted on GitHub, it sparked outrage
over digital harassment. Mumbai Police arrested key suspects, including engineering
students, for hate speech and cybercrime under the IT Act and IPC.

5. Future Prospects and Recommendations

 5.1 Strengthening Digital Forensic Infrastructure: Investing in state-of-the-art forensic

laboratories and specialized training programs for law enforcement officials8.
 5.2 Policy Reforms for Cybersecurity and Data Protection: Enhancing legislative
measures to counter emerging cyber threats and protect digital rights9.
 5.3 Public Awareness and Cyber Hygiene Initiatives: Promoting digital literacy
programs to educate citizens on online safety, fraud prevention, and responsible internet
usage.

6. Conclusion
This research underscores BNSS’s pivotal role in modernizing digital evidence handling and
cyber crime prosecution. While BNSS introduces progressive technological provisions,
challenges related to forensic capacity, legal safeguards, and regulatory enforcement remain
significant. Strengthening India's digital forensic ecosystem, refining cyber crime policies, and
fostering public-private collaboration will be instrumental in establishing a robust and effective
legal framework for digital justice.

Bibliography
1. Bharatiya Nagarik Suraksha Sanhita, 2023.

7
CERT-In Analysis
8
Press Information Bureau, Government of India (2023)
9
CERT-In reports on ransomware and phishing attacks
2. The Information Technology Act, 2000 (as amended).
3. The Indian Evidence Act, 1872 (as amended).
4. Sharma, R. (2021). Cyber Law in India: A Comprehensive Guide. Universal Law
Publishing.
5. Basu, D. D. (2022). Law of Evidence. LexisNexis.
6. Kshetri, N. (2019). Cybercrime and Cybersecurity in India: Causes, Consequences, and
Countermeasures. Springer.
7. Solove, D. J. (2007). The Digital Person: Technology and Privacy in the Information
Age. NYU Press.
8. Singh, P. (2020). Digital Forensics and Cyber Crime Investigations: Legal Challenges
and Solutions. Eastern Book Company.
9. Supreme Court of India Judgments related to digital evidence and cybercrime cases.
10. International Telecommunication Union (ITU) reports on cybersecurity frameworks.
11. CERT-In (Indian Computer Emergency Response Team) advisories and reports.
12. National Crime Records Bureau (NCRB) Cyber Crime Statistics Report.
13. Press Information Bureau, Government of India, releases on BNSS and cybersecurity
policies.