Under the new criminal laws electronic messages can be used as evidence in court.
The criminalization of certain electronic communication under the BNS is supplemented by the BSA recognizing electronic records like emails, voicemails, location data, etc. as evidence. Under the erstwhile Evidence Act, the acceptable formats of electronic evidence were restricted to paper, optical, or magnetic forms such as CD ROMs. The BSA has now included semiconductor memory like SD cards as a format of electronic evidence and communication devices as a source of electronic records.[3] Consequently, messages, chats, or voice recordings on mobile phones can be produced before courts as evidence. The BSA has not only expanded the sources of electronic evidence but has also enhanced its significance. Previously the Evidence Act classified electronic records only as secondary evidence. If an original document, considered primary evidence, is unavailable, secondary evidence such as copies or descriptions can be presented to the court with its prior approval. Section 57 of the BNS now classifies electronic records as primary evidence and Section 61 declares that they have the same value as physical documents.