A STUDY ON ADMISSIBILITY OF DIGITAL EVIDENCE IN SEXUAL OFFENCES

Digital evidence has become a central feature of the investigation and trial of sexual offences. Messages, photographs, videos, call records, location data and surveillance footage can identify the accused, fix time and place, corroborate the survivor and reveal conduct before and after the offence. At the same time, electronic records can be altered, fabricated or misunderstood, and their use in sexual offence cases raises concerns of privacy, dignity and fair trial that do not arise in the same way in other prosecutions. This study examines the admissibility of digital evidence in sexual offences under Indian law. It analyses the constitutional protections under Articles 14, 20(3) and 21, the Bharatiya Sakshya Adhiniyam, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, the Bharatiya Nyaya Sanhita, 2023, the Protection of Children from Sexual Offences Act, 2012, the Information Technology Act, 2000, the intermediary rules and selected international instruments. It traces the judicial development of the certificate requirement from Navjot Sandhu to Anvar P.V. and Arjun Panditrao Khotkar, and considers how the new statutory scheme may operate in practice. The study highlights the importance of a survivor-centred and rights-respecting approach. It identifies practical difficulties in authenticating electronic records, preserving them, protecting intimate material and obtaining timely forensic support. It recommends clearer procedure for the certificate, standard protocols for collection and storage, stronger forensic capacity, early preservation by platforms and telecom operators, and training of police, prosecutors and judges. The study concludes that reliable digital evidence and the dignity of survivors can be secured together through careful procedure and sensitive implementation. KEYWORDS Digital Evidence, Electronic Records, Admissibility, Sexual Offences, Bharatiya Sakshya Adhiniyam, Section 63 Certificate, Chain of Custody, Survivor Dignity, Fair Trial, Cyber Forensics.