India: Disclosure & Electronic Discovery & Privilege

This article examines the legal framework governing the admissibility of electronic evidence under the Bharatiya Sakshya Adhiniyam, 2023, with particular reference to the requirements of hash value disclosure and expert certification. It analyses the procedural safeguards mandated by recent judicial pronouncements and the practical challenges faced by investigators, lawyers, and courts in ensuring the authenticity and reliability of digital evidence.

The term "without prejudice" plays an imperative role in commercial contracts, as it provides protection to the party from the admissions/contradictions made in the written correspondence in a manner that no rights or privileges are waived or lost.

The Supreme Court of India, in a path breaking dynamic judgment, ( Shafhi Mohammad Vs. The State Of Himachal Pradesh SLP (Crl.)No.2302 of 2017) , has rationalized the law relating to the admissibility...