ABSTRACT
This research paper is about the role of forensic science in criminal investigation concerning evidence law in India. Forensic science offers robust methodologies including DNA analysis, fingerprint, ballistics, etc to provide concrete and reliable evidence in court proceedings. It examines the rigorous processes involved in collecting, preserving, and admissibility of forensic evidence and underscores the necessity of expert testimony for judicial determinations. This paper also delves into the ethical and practical challenges the forensic experts face. By examining landmark case laws and judicial precedents the paper aims at the profound impact of forensic evidence on the resolution of complex legal issues. This paper also aims for comprehensive legal reform such as the introduction of Artificial intelligence and a national DNA database and so on to streamline forensic practices and strengthen the delivery of justice ultimately fostering a more equitable legal system and ensuring the integrity and efficiency of forensic practices, ultimately aiming to fortify the justice delivery system and uphold the legal processes.
Keywords – Forensic Science, forensic evidence, artificial intelligence, DNA, fingerprint, Ballistic, database
INTRODUCTION
“As we all know criminal justice encompasses a network of institutions and procedures designed to uphold the social law and order to deliver justice. It addresses individuals with mental illness and those who pose a threat to society. This system has four basic parts: courts, prisons, police, and punishment. These four parts are responsible for maintaining the social order in the region by delivering justice to the victims by punishing the offender through the prosecution of the criminals. An ideal criminal justice system delivers a peaceful society. Accordingly, the peacefulness of a society depends on its criminal justice system and how it delivers its justice to all”. In India, the evidence law governs the admissibility and use of evidence including forensic evidence, in legal proceedings Forensic science plays a crucial role in providing scientific analysis and expert testimony to support the determination of facts this is the first law India to recognize the admissibility of the scientific pieces of evidence in the court of law.
“Forensic labs in India are working with an increasing number of cases as the use of scientific methods in criminal investigations grows. These labs are essential for gathering important scientific data and promptly providing findings to different criminal justice system stakeholders. Courts then evaluate and interpret these findings based on their correctness, transparency, and objectivity to either clear innocent parties or prove beyond a reasonable doubt the guilt of suspected offenders. The best forensic lab should have state-of-the-art, reliable information-gathering procedures and use the best scientific methods possible for material analysis. These labs ought to actively interact with criminal justice system decision-makers and urge them to utilize the most trustworthy forensic techniques.” Currently, forensic science plays an important role in the Indian legal system. The Indian government has established several forensic science laboratories across the country. Laboratories such as analyse physical evidence such as DNA, fingerprints, and ballistics to aid in criminal investigations.
RESEARCH METHODOLOGY
This research paper takes a descriptive approach, utilizing secondary sources to deeply analyse the role of forensic science in criminal investigation, especially in the context of Indian Evidence Law. The research relies on information from newspapers, journals, and websites.
REVIEW OF LITERATURE
Forensic science has developed as a cornerstone in modern criminal investigation offering objective scientific analysis that supports the judicial process. The role of forensic science in criminal investigation has transformed evidence law enabling the courts to make more informed and accurate decisions. This literature review examines the role of forensic technique the standards of admissibility in courts and the corroborative impact of experts’ testimony on judicial decisions.
Judgment analysis on the forensics such as the very first case “Tandoor Murder case This was the first criminal case in India solved by the help of forensics. In this case Shusil Sharma murdered his wife at home by firing three bullets in to his wife Naina Sahni‘s body. He killed his wife believing that she had her love affair with her classmate and fellow congress worker Matloob Karim. After murdering his wife Sharma took her body in his car to the Bagiya restaurant, where he and restaurant manager Keshav Kumar attempted to burn her in a tandoor there. Police recovered Sharma‘s revolver and blood-stained clothes and sent them to Lodhi Road forensic laboratory. They also took blood sample of Sahni’s parents, Harbhajan Singh and Jaswant Kaur and sent them to Hyderabad for a DNA test. According to the lab report, “Blood sample preserved by the doctor while conducting the post mortem and the blood stains on two leads recovered from the skull and the neck of the body of deceased Naina are of ‘B’ blood group.” Confirming that the body was that of Sahni, the DNA report said, “The tests prove beyond any reasonable doubt that the charred body is that of Naina Sahni who is the biological offspring of Mr. Harbhajan Singh and Jaswant Kaur.” And finally Mr. Shusil Sharma was found guilty with the help of forensic evidences.”
METHOD
Document Analysis, court judgment forensic reports to landmark case laws where forensic evidence played a pivotal role will be analyzed in this research paper. This analysis will aim to crystalize how forensic findings influence judicial decisions and contribute to the legal system in India. Availability and access to a court judgment and forensic report might vary, potentially limiting the scope of document analysis. Lastly, this method provides a in-depth understanding of the contribution of forensic science to criminal investigation in India.
HOW DOES THE FORENSICS SCIENCE HELP IN INVESTIGATIONS
“Forensic science in today’s world is an advanced scientific technique used in criminal and civil investigations, it can answer important questions and forms an integrated part of the criminal justice system. Both state and central governments have developed labs for the same which intern assist courts, police systems private agents, and individuals during investigation or cross-examination procedures. During the investigation forensic evidence is called by the expert at the scene of the crime and each piece of evidence is so collected is so unique in its way that it becomes necessary to test it and to analyze it separately to reach to a conclusion. Sometimes, complex cases involve multiple experts specializing in the same field to examine and give an analysis concerning the evidence so collected.
Today more than 30 million cases are still pending either the courts in India and agencies like the International Forensic Science (IFS) and Central Forensic Science Laboratory (CBI) are used as an alternative solution”
“Evidence provides proof against a person who has committed a crime which can be civil or criminal. Forensic science is used when the court cannot be biased and there is very little chance for the judgment to be provided injustice to the innocent. Forensic science can find out who the suspect is the nature or time when the crime was exact occurred. The criminal uses coercion to influence the eye witness of the cases and thus it becomes difficult to get witnesses. People become afraid of providing evidence to the investigation agencies.” Thus the general public gets afraid of criminals and makes distance from the courts. Some crimes thus take place in a way no direct evidence can be given to the investigating agencies. “In these types of conditions, the importance of these forensic investigations rises exponentially. Various methods are used nowadays like examining the persons medically and physically, by taking fingerprints of the persons, through footprints, and by many other ways. A well-qualified person has to be enrolled to make effective use of these forensic instruments. The authenticity of the forensic evidence depends upon the conditions on which it is based4 and the efficiency of making arguments”
“In the case of State of Maharashtra v. Natwarlal Damodardas Soni, the Hon’ble court has taken into consideration the matter of illegally occupied evidence.” It was held that although the pieces of evidence have been occupied illegally they are equally maintainable in the court and it doesn’t affect its validity in the court of law. In this sensitive matter, the court will carefully look upon the validity of evidence at large and nothing more. This view has also been supported by the apex court in other decisions.The Hon’ble Court gives a good response to the evidence provided using modern technologies. The courts have considered the superimposed photographs, oral evidence, etc. as the evidence.
EXPERTS OPINION
According to section 39 of the Bhartiya Sakshya Adhiniyam (BSA) opinions of third persons where relevant. It says that when the court has to form an opinion upon a point of foreign law of science or art, or any other field, or as to identify handwriting or finger impressions the opinion upon that point of persons specially skilled in such foreign law, science art or any other field or in questions as to identify if handwriting or finger impressions are relevant facts and such persons are called experts. Hence experts are only advisors and are not witnesses because they have not seen the crime happening they just give opinions through their research with research concerning science. But the principle of the opinion of experts is necessary. Expert advice helps the court of law lead to a conclusion. They mostly rely upon it because these experts have experience in studying these kinds of research.
The expert’s opinion is admissible. But they are to be relevant & corroborative concerning the facts & circumstances of the given case. Though experts are being made admissible as witnesses, they cannot make an opinion on their own, but they must make an opinion by using the specialized skill or knowledge they possess because of which they have been approached for that opinion. Because it is the duty of the judiciary as such. Evidence of an Expert cannot be taken as a substantial piece of evidence unless corroborated by other evidence. Expert evidence is only a piece of evidence, and weight to be given to it must be judged along with other evidence of this nature, which is ordinarily not conclusive. The opinions of experts are not binding upon the judges. It is weak evidence, and the Court considers it unsafe to rely on it without independent and reliable corroboration i.e. Privy council once observed that ‘there cannot be any more unsatisfactory evidence than that of an expert.
“Central Forensic Science Laboratory (CFSL), established in 2011 under the Directorate of Forensic Science Services (DFSS) of the Ministry of Home Affairs (MHA) of the Government of India. The CFSL is a multidisciplinary science and technological institution that conducts scientific work to aid in crime detection and law and justice. The CFSL’s experts examine exhibits from investigating agencies and provide expert opinions that they can support in court through testimony or evidence. The CFSL also conducts research and development in forensic science. India has seven CFSLs, 32 State Forensic Science Laboratories (SFSLs), 80 Regional Forensic Science Laboratories (RFSLs), and 529 Mini or Local Forensic Science Laboratories (MFSLs).” The court may call an expert, when the court must form an opinion. Court generally appoints an expert from FSL, where the government expert must submit its government scientific evidence reports, which is to be based on some ground onto which the expert has arrived to some conclusion.
First case in India to be solved by forensic science and helped in the criminal investigation is Tandoor Murder case “This was the first criminal case in India solved by the help of forensics. In this case Shusil Sharma murdered his wife at home by firing three bullets in to his wife Naina Sahni‘s body. He killed his wife believing that she had her love affair with her classmate and fellow congress worker Matloob Karim. After murdering his wife Sharma took her body in his car to the Bagiya restaurant, where he and restaurant manager Keshav Kumar attempted to burn her in a tandoor there. Police recovered Sharma‘s revolver and blood-stained clothes and sent them to Lodhi Road forensic laboratory. They also took blood sample of Sahni’s parents, Harbhajan Singh and Jaswant Kaur and sent them to Hyderabad for a DNA test. According to the lab report, “Blood sample preserved by the doctor while conducting the post mortem and the blood stains on two leads recovered from the skull and the neck of the body of deceased Naina are of ‘B’ blood group.” Confirming that the body was that of Sahni, the DNA report said, “The tests prove beyond any reasonable doubt that the charred body is that of Naina Sahni who is the biological offspring of Mr. Harbhajan Singh and Jaswant Kaur.” And finally Mr. Shusil Sharma was found guilty with the help of forensic evidences.”
LANDMARK JUDGEMENT
- Arushi Talwar Murder case – “the body of 14-year-old Aarushi Talwar of Noida was discovered inside her home. On the house’s terrace, Mr. Hemraj, her domestic assistant, was also discovered dead. Blood samples and fingerprints were taken from the murder scene by forensic professionals. To investigate the possibility of honor killing, drug tests were also administered to suspects, including her father. Following many investigations, the trial court found Aarushi’s parent guilty. However, in 2017, the Allahabad High Court acquitted them.”
- Nirbhaya Rape case – “This case was very popular in 2012 were a 23-year-old girl was brutally gang raped and hence this case is popularly known as the Nirbhaya Rape case. She was raped by six men including a minor in a moving bus in New Delhi. Forensic science played a major role in identifying offenders. Fingerprint, DNA, and bite mark analysis were used to connect the suspects to the crime. One of the six accused, Ram Singh was found hanging in judicial custody. Based on the scientific and forensic evidence the trial court found the four accused guilty of rape and murder and punished them with the death sentence. This order of the trial court was subsequently confirmed by the Supreme Court. The juvenile offender was also found guilty of rape and murder and was sentenced to a maximum punishment of three years in a reform facility.”
- Sheena Bora Murder Case – “this case is very crucial because it involves the public finger Indrani Mukerjea maker of the channel. On April 24, 2012, Sheena Bora, an executive employed in Mumbai, vanished from sight. Her mother Indrani Mukerjea, stepfather Sanjeev Khanna, and mother’s driver, Shyamvar Rai, were all detained by Mumbai Police in August 2015 on suspicion of kidnapping, murdering, and burning her body. A DNA test was used many years after Sheena Bora’s murder to identify her remains.”
- “Ramesh Chandra Agarwal v. Regency Hospital Limited and Others – An expert is a person who devotes his time in study to a special branch of learning however he might have acquired such knowledge by practice observation or careful studied the expert is not acting as the judge theory in order to bring and evidence of a witness as that of a expert it has to be shown that he has made us special study of a subject or acquired a special experience therein or in function of a it’s called is to put before the court all the materials together with reason which induce him to come to the conclusion so that the court order not an expert may form its own judgement by its own observation of those material and its what is what witness of a part like other witnesses and his evidence is really of an advisory character the duty of the expert witnesses to furnish the judge with the necessary scientific criteria for testing the accuracy of the Conclusion for as we enable the just to form the independent judgement by the application that he would be absolutely sure that is opinion was correct.”
- “Dayal Singh and others v. State of Uttaranchal – The purpose of an expert opinion is primarily to assist the Court in arriving at a final conclusion. Such report is not binding upon the Court. The Court is expected to analyze the report, read it in conjunction with other evidence on record and then form its opinion as to whether such report is worthy or reliance or not.”
- “Machindra v. Sajjan Galfa Rankhamb and Others – The Court noted that the doctor who conducted the post-mortem did not mention the cause of injuries in his report nor his deposition. Reiterating the importance of the medical evidence on post-mortem examination, the Court held that an expert’s opinion should be demonstrative and supported by convincing reasons. The Court cannot surrender its own judgment and if the expert’s report is inadequate, cryptic or information on similarities or dissimilarities is unavailable, then such an expert opinion has no value and is of no use to the Court”
EVIDENTIARY VALUE OF FORENSIC REPORTS IN THE CRIMINAL PROCEEDING IN THE INDIAN COURTS
“The judiciary has been vigilant and somewhat cautious in granting excess evidentiary value to forensic experts or the reports, as the report or the expert can be believed to fall victim to ‘human error’ and only the presence of Forensic report without any sufficient corroboratory evidence, to back up the report. As was held by the Supreme Court of India, It is unsafe to base a conviction solely on an expert’s opinion without substantial corroboration. In the instant case, it would be extremely hazardous to condemn the appellant merely on the strength of opinion ‘evidence of a handwriting’ expert.” “In the case Dayal Singh v. State of Uttaranchal the court reiterated that the entire objective of the forensic report or expert testimony is to provide the trier of the fact with relevant information as well as to guide the court to reach a final understanding of the ‘facts’ of the case. On the other hand, the court held that such a report wouldn’t be binding upon the court, but would amount to having some evidentiary value, which will be decided by the court after careful examination. The court is supposed to read and comprehend the report, and then decide if the same can be relied upon or not”. “The evidentiary value of a forensic expert report is tied directly with the evidence or nature of evidence put forth in the court as was held by the supreme court in the case of Madan Gopal Kakad v. Naval Dubej”
“Most judges of the Indian Judiciary don’t deny the scientific accuracy provided by the DNA fingerprinting but the worry remains on accuracy and efficiency in collection or procurement of the samples. Further admissibility of DNA samples can go against public policy and constitution such as forcing the suspect to provide the sample can be treated as violation of his constitutional right to not give any evidence which can be used against him. There is a dire need to incorporate DNA profiling and modernize the statutes in order to close such loopholes and provide better access to justice.”
SUGGESTIONS
- Indeed forensics helps in criminal investigation since in this era of technology we can take help from the very emergence of artificial intelligence. The use of AI The application of artificial intelligence to identify crimes using face recognition software and analyze vast volumes of video and audio data to discover suspects is one example of how data analysis will surely play a key role in ways we are not yet able to perceive. Although it is important to be more careful when using new technologies for example using AI to avoid such negative consequences there is no doubt that new technologies have a huge impact on technology. It will be very interesting to see how AI changes over the next few years.
- Also, more experts should be recognized for always providing information and relevant evidence regarding the case hence the case can be solved on that basis.
- India should have its own DNA Database for unidentified bodies in every state.
- Unlike the practice in USA and England and other developing countries, DNA Technology has a very little application in the Indian Legal System. The admissibility of the DNA evidence before the Court always depends upon its accurate and proper collection, preservation and documentation by which the prosecution can be able to satisfy the court the unbroken chain of custody of the physical sample from the time of seizure to the time of analysis.
CONCLUSION
As mentioned in the case laws the use of the forensic in criminal investigation has been a key part of the case where it has gained a lot of importance. As the experts mention in the law of India there is a unanimity that medical and forensic evidence plays a crucial role in helping the courts of law to arrive at logical conclusions though the expert opinion is corroborative and advisory still it holds importance in the criminal investigation. Since the findings of this scientific investigation are reliable and their validity is generally unquestionable, the legal system primarily depends on them. The court system now operates more effectively because of advancements in forensic science. To improve outcomes and pave the way for the integration of such technologies into the criminal justice system, it is imperative that we make effective use of forensic investigations and related technology in the future. In order to get better outcomes, we also need to make sure that these technologies are applied wisely.
Name – Subia Tazeen Khan
College – School of Law HILSR, Jamia Hamdard New Delhi