Cross-Border Electronic Evidence Frameworks – EU vs. India

Abstract

This research examines the critical disparities between the European Union's and India's approaches to accessing cross-border digital evidence, highlighting significant systemic challenges in India's current framework. The study analyzes the EU's proactive e-Evidence Regulation (2023/1543), which enables rapid data retrieval through European Production Orders within 10 days, against India's territorially constrained Bharatiya Sakshya Adhiniyam (BSA, 2023) that relies on inefficient Mutual Legal Assistance treaties. Through doctrinal analysis, the research reveals that India's framework suffers from jurisdictional ambiguity, procedural bottlenecks, and inadequate privacy protections, contributing to cybercrime losses. The study proposes comprehensive reforms including adopting extraterritorial jurisdiction with judicial oversight, enforcing mandatory compliance through penalties,
integrating privacy safeguards aligned with K.S. Puttaswamy v. Union of India (2017), establishing a centralized digital judicial network, and enhancing international cooperation through strategic engagement with frameworks like the Budapest Convention. These reforms aim to balance investigative efficiency with fundamental rights protection, positioning India to effectively combat transnational cybercrime while maintaining constitutional privacy guarantees in an increasingly digital landscape.