Published Online:July 2026
Product Name:The IUP Journal of Law Review
Product Type:Article
Product Code:IUPLR010726
DOI:10.71329/IUPLR/2026.16.3.5-21
Author Name:Setty Hrudai Tej
Availability:YES
Subject/Domain:Law
Download Format:PDF
Pages:5-21
Generative artificial intelligence (GenAI) has challenged one of the basic assumptions underlying evidence law: that an electronic record is a reliable representation of a real event. The central argument of this paper is that although the Bharatiya Sakshya Adhiniyam, 2023 (BSA) has revised the law relating to electronic evidence, it does not provide a sufficient framework for assessing the authenticity and reliability of AI-generated or AI-manipulated material such as deepfakes. However, this gap does not mean that every disputed audio or video recording should be excluded from evidence. Instead, drawing on Indian law and the approaches adopted in the US, the EU, the UK, and Singapore, this paper proposes an AIspecific framework for assessing AI-generated and AI-manipulated evidence. Courts should rely on AI-generated or allegedly AI-manipulated evidence only when its authenticity and reliability are established on a clear and verifiable basis, thereby protecting the accused’s right to a fair trial and preserving the evidentiary value of genuine electronic records.
Evidence law provides the framework through which courts transform disputed information into reliable finding of fact. The rapid advancement of artificial intelligence (AI) has made this task significantly more difficult, as digital content can now be created without any real event ever taking place. AI-generated videos, images, and audio recordings may appear authentic and convincing, even though the people, words, or events they depict never actually existed