In a remarkable development, the Delhi High Court has emerged as a strong advocate for treating digital evidence as the backbone of criminal trials under the new Bharatiya Nagrik Suraksha Sanhita (BNSS) framework.
This acknowledgement follows key regulatory updates, including the Delhi government’s notification of the BNSS Rules, 2025, which introduced the electronic delivery of summons and warrants via WhatsApp and email—a vital move aimed at enhancing judicial efficiency.
Strengthening Digital Infrastructure in Courts
On another front, the Lieutenant Governor’s approval to designate all Delhi police stations as authorized video conferencing venues marks a significant reform. This step will streamline proceedings by enabling police to provide evidence directly from local police stations, reducing unnecessary delays.
Simultaneously, the Delhi High Court’s “Electronic Evidence and Video Conferencing Rules, 2025”, effective from July 9, 2025, have legally empowered the digital judicial process. These rules accord full legal weight to video-based courtroom appearances, ensuring virtual proceedings are as binding as in-person hearings and reinforcing integral clauses of BNSS.
BNSS Integrates Digital Evidence Deeply
The Home Department of Delhi’s notification mandates police officers to capture video and photo evidence during investigations—covering activities such as search, seizure, and examination of witnesses. Evidence must be uploaded via the eSakshya app and linked directly to case records, accessible by courts via the Sakshya portal. Courts may also allow the accused and their lawyers to view this evidence under BNSS Section 230, enhancing transparency and accountability.
What This Means for Criminal Trials
Collectively, these measures signal a seismic shift in how criminal proceedings are conducted:
- Greater Transparency: Digital logs, real-time uploads, and controlled access minimize tampering and boost procedural fairness.
- Procedural Efficiency: Remote evidence submission and virtual hearings can significantly expedite trials and preserve judicial resources.
- Full Digital Integration: The legal system now recognizes digital testimony and records as equally valid, reducing reliance on paper trails.
- Transparency & Access to All: With digital platforms at play, even marginalized litigants can engage in the criminal justice process more effectively.
Why It Matters (But Remains Underreported)
Despite the profound implications of these reforms, they have received limited media coverage. Yet, these developments are poised to:
- Legally cement digital evidence as foundational in criminal law under BNSS.
- Mark a pioneering move toward “digital-first justice” in India.
- Set a precedent for other states and courts to emulate.
Expert Perspective
According to retired Justice Talwant Singh, digital evidence—especially when physical witnesses are absent—has become indispensable in criminal trials. He cited landmark cases like the 26/11 Mumbai attacks, where digital records were critical to securing convictions. Broader legal frameworks like the Bharatiya Sakshya Adhiniyam (BSA) recognize digital records—including video call statements—as admissible, accelerating the embrace of technology in law.
Meanwhile, Chief Justice of India Sanjiv Khanna emphasized that the future of criminal jurisprudence lies in empirical, data-driven evidence, rather than conjecture. He praised the BNSS reforms for aligning with this vision of modern justice.
Also Read: Why India Changed Its Criminal Laws in 2025
Key Takeaways
| Innovation | Effect on Criminal Trials |
|---|---|
| eSakshya Digital Evidence Uploads | Ensures evidence integrity and accessibility |
| Virtual Summons via WhatsApp/Email | Speeds up court communication, lowers delays |
| Video Testimony from Police Stations | Reduces logistical burden, optimizes courtroom resources |
| Legal Validation of Digital Tools | Gives virtual evidence equal legitimacy under law |
This transformation marks a milestone in India’s legal history. By enshrining digital evidence as a pillar of criminal adjudication under BNSS—and aligning judicial practice with modern technology—the Delhi High Court is effectively future-proofing the justice system.