ABSTRACT
The growth of NFTs, cryptocurrencies, and digital art has created new challenges for proving ownership and authenticity in court. Metadata – the embedded ‘digital fingerprint’ of a file – captures creation, modification, and transfer details, making it crucial for resolving digital asset disputes. In India, the Bharatiya Sakshya Adhiniyam (BSA) 2023 recognizes electronic records as primary evidence, but does not clarify how metadata should be authenticated or weighed. This paper examines metadata’s evidentiary role under Indian law, focusing on Section 65B certification and key precedents such as Anvar PV and Arjun Panditrao. It compares Indian practice with international approaches, notably Hermès v Rothschild (MetaBirkins), where courts relied on metadata and blockchain records to establish provenance and liability. The study argues for reforms to explicitly recognize metadata, adopt blockchain verification protocols, and align with global best practices, ensuring stronger protection of ownership rights in India’s digital economy.
Sivakumar, Rajeshwari, Metadata as Primary Evidence in Digital Asset Disputes (October 8, 2025).
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