The legality of AI-generated evidence under the Indian Evidence Act, particularly after its amendments and in the context of the digital era, is a complex and evolving issue. As of now, AI-generated evidence is not explicitly recognized, but certain provisions and interpretations may allow for its conditional admissibility under Indian law.

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✅ 1. Legal Framework for Digital Evidence in India

Under the Indian Evidence Act, 1872 (now largely replaced by the Bharatiya Sakshya Adhiniyam, 2023), Section 65B (now Section 63 of the new Act) deals with electronic records. Key points:
• Electronic records are admissible as secondary evidence if accompanied by a Section 65B certificate (now Section 63(4)).
• This includes data from computers, smartphones, CCTV, etc., but does not yet directly include AI-generated outputs.

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✅ 2. Can AI-Generated Evidence Be Considered “Electronic Record”?

AI-generated content (e.g., deepfakes, AI-written documents, synthetic voice) can be considered an electronic record if it meets the following conditions:
• It is stored or produced by digital means.
• A human certifies it under Section 65B/63(4) with proper chain of custody.
• The system generating it is reliable, and its process is explainable or transparent.

???? But challenges arise:
• AI systems lack human authorship → No direct accountability
• Opaque AI models (black boxes) make it hard to verify authenticity
• Courts require verifiability and attribution, which AI often lacks

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⚖️ 3. Judicial Trends and Interpretation

Indian courts have started dealing with AI-assisted or AI-related evidence, although not AI-generated in the strictest sense:
• Anvar P.V. v. P.K. Basheer (2014): Strict compliance with Section 65B is mandatory for electronic evidence.
• Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020): Reiterated the importance of the certificate for admissibility.
• Recent cybercrime cases: Accept AI-assisted voice recognition and image verification, but not as standalone proof — only as corroborative evidence.

It depends on how it's treated in terms of authenticity and reliability and accuracy. The Indian Evidence Act allows electronic records as evidence, provided they meet certain conditions like being stored securely and being from a reliable source.
AI-generated evidence would need to prove its accuracy, just like any digital document.
It was upto the court look at whether the AI tool was trustworthy or not and whether the evidence was tampered with is reliable or not because as we saw In this digital era, the act is evolving, so AI-based evidence could be accepted if it meets these standards according to the needs and changes in the society