THE ROLE OF DIGITAL FORENSICS AND CYBER CRIME PROVISIONS IN INDIA’S NEW CRIMINAL LAWS

Abstract

Reflecting modern requirements, new criminal law reforms in India include the Bhartiya Nyay Sanhita (BNS), the Bhartiya Nagarik Suraksha Sanhita (BNSS), and the Bhartiya Sakshya Adhiniyam (BSA) and intended to respond to such modern challenges as cybercrime and the growing importance of digital evidence. Digital forensics has been a crucial component of criminal investigations as it provides information concerning cyber-crime comprising of hacking, data fraud, and any other unlawful utilization of digital media. The BNS forms a basis of how such offenses are classified while the BNSS features working and implementation procedures in dealing with cybercriminal conduct. The BSA, which focuses on concerns regarding evidence, provides guidelines for the acceptance of digital evidence in accordance with international treaties. When considered collectively, these laws strengthen India's efforts to fight cybercrime and improve people's safety in the information environment. This paper discusses the need for specialized tools and professionals in digital forensics to improve investigation and prosecution efficiency. In order to decrease and overcome the complexity of cybercrime, it highlights the significance of an effective legal framework in India. The study uses a qualitative legal framework analysis of the recently enacted BNS, BNSS, and BSA (2023) and considers official legislative texts, legal commentaries, and scholarly articles from the European Union. The objective is to improve digital forensics operations' effectiveness inside the legal system.