ABSTRACT:
This research paper looks into the progress and role of forensic sciences in the Indian legal system. Forensic science has gone through big improvement/ saw major progress over the past years, having an impact on judicial system worldwide. In India, criminal cases and trials have improved since the use of forensic science and has helped greatly in prosecution in criminal cases. “The criminal case proceedings comprise various stages like lodging FIR, investigation by police, court proceedings and final verdict. Several types of evidences including scientific evidence show significant role at all these platforms. Importantly, over the last several years, the forensics sciences have made dramatic scientific breakthroughs (DNA typing, physical evidence databases, and new scientific instrumentation) but studies are needed to assess the contribution of such advancements on the role and impact of scientific evidence in criminal justice system. This paper will identify the role of forensic science in CJS/ Indian legal system.”
KEYWORDS:
- Forensic Science
- Indian Legal System
- Criminal Justice
- Forensic Evidence
- Case Law
- Legal reform
INTRODUCTION:
Humans have tried and have been trying to improve everything around them since the beginning of human existence. This push for improvement and advancement has led to important discoveries and innovation. “Forensic science is the application of scientific principles and techniques to matters of criminal justice, especially as relating to the collection, examination, and analysis of physical evidence.” In India, forensic science is emerging as a platform for crime investigation. Thorough examination of evidence using high end technology will help uncover truth and solve crimes. Forensic techniques play a crucial role in identifying hint of evidence which can lead to justice by either through examination of DNA or by reconstruction of crime scene.
In India forensic science is necessary and important for ensuring fairness and justice in its legal system by offering reliable method to find proof. However, the law enforcement in India faces various challenges such as being misused by criminals with the rise of new technologies. This paper will look into the progress of forensic science in Indian legal system. We will see its history, present and future to find out how important it is in crime solving. We will look into how forensic science helps in collecting evidence, examination and trial preparation. By addressing the common problems like lack of resources and procedure inconsistencies we can provide solutions like strengthening of infrastructure and training of staffs. Real life case examples and global norms will be used to show the progress.
RESEARCH METHODOLOGY:
This research has used a mixed-methods approach to explore the application of forensic science in the Indian legal system. Some sources of data included: Case laws and judgments from databases such as Manupatra and Indian Kanoon. Articles on legal issues and forensic practices were obtained from Google Scholar, e-journals, etc. Examination of legislative documents and scholarly articles which will help to locate key themes, and challenges faced within the use of forensic evidence.
REVIEW OF LITERATURE:
1) Applicability of Forensic Science in Criminal Justice System in India With Special Emphasis on Crime Scene Investigation, 2018: “Forensic science is one of the significant characteristics of criminal justice system. Fundamentally, it deals with exploration of scientific and physical clues gathered from the crime scene. Forensic science explains the distinctiveness (who) of the suspect who committed the crime. The evidence clearly specifies the nature (what) of the crime committed. The circumstantial evidences also speak about the time (when) of the incident. The forensic evidence proves the location of the offence (where/crime scene). The forensic investigation also observes the method (how) of the offender. Finally, comes to conclude the reason behind the crime. The forensic investigators recreate the distinctiveness of the criminal and the victim.”
2) National Institute of Justice, “Forensic Sciences”, 2024: The entire criminal investigation procedure includes gathering evidence at the scene of the crime or from witnesses, having it examined in a crime lab, and finally presenting the findings in court. Every crime scene is different from each other, and every case has special challenges.
3) DNA Technology in Administration of Justice, 2007: This article provides that in the criminal justice system, forensic science plays an important role because it provides facts that can be relied upon through the examination of physical evidence, identifying the accused through specific clues such as fingerprints, footprints, stains of blood, hair, mobile/phones, and other devices, as well as through the investigation of vehicles and weapons. In this way, forensic science also protects the who cannot defend themselves or are falsely accused of the crime.
DEFINITION OF FORENSIC SCIENCE
Using scientific methods to legal issues, forensic science is an interconnected discipline which involves sciences such as computer science, biology, physics, chemistry, medicine, and DNA profiling. Though sometimes overlooked, the role it plays in the criminal justice system is indisputably crucial. It plays an important role in investigations and legal processes by helping in the examination of evidence such as blood spatter patterns, biological samples, drug formulations, and fingerprints. The origins of forensic science can be found in ancient India, when legal requirements and medical knowledge combined.
Fingerprinting was first used to identify the accused by pioneers like Sir William Herschel, and it later became accepted by courts all around the world. With the flow of time, forensic science has developed into a highly advanced field that is important to both criminal and civil investigations.Nowadays, forensic science works within the walls of legal institutions, directing investigations and giving legal systems and magistrates important information. It uses a variety of methods, including ballistics, DNA profiling, fingerprint analysis, and more, to help in solving of criminal and civil problems. Not only do its advanced methods help prosecute the perpetrator, but they also help free the innocent. Having been looked at, forensic science is an important and advanced tool that impacts the way justice is delivered in many legal situations. Its capacity to produce reliable and scientifically supported evidence ensures fair outcomes in civil, criminal, administrative, and social cases.
HISTORICAL OVERVIEW:
Early proofs like mentions of use of scientific method in crime investigation is found in “Kautilya’s Arthashastra” about 2300 years ago. Also, the fact that the Chinese records proved the use of fingerprints in an ancient kingdom of Southern India. “Tarija” (which means handprint) were known by the Indians as to be able to be copied and were seen as distinctive signatures.
Establishment of forensics institutions and laboratories like “Chemical examiner’s laboratories:
During the nineteenth century, when the cases of death due to poisoning posed a problem to the law enforcement agencies, a need was felt for isolating, detecting and estimating various poisons absorbed in the human system. The first Chemical Examiner’s Laboratory was, therefore, set up for this purpose at the then Madras Presidency, under the Department of Health, during 1849. Later, similar laboratories were set up at Calcutta (1853), followed by one each at Agra (1864) and Bombay (1870). These laboratories were equipped to handle toxicological analysis of viscera, biological analysis of stains of blood, semen, etc. and chemical analysis of food, drugs, and various excisable materials to provide scientific support to the criminal justice delivery system within their limited means. These laboratories also provided analytical facilities to the neighbouring States and Union Territories.”
“Anthropometric bureau:
While some progress was made in the identification of poisons, the identification of people, specifically criminals, was still being done in a rather haphazard manner. Policemen would try to memorize convict’s face so that they could recognize him if he got involved in another crime later. With the introduction of Photography, the Criminal Investigation Department (CID) maintained records of every known criminal including a detailed description of his appearance. With the invention of Bertillon’s anthropometric system in 1878, India, along with the other countries of the world, adapted Bertillon’s system of personnel identification and thus an Anthropometric Bureau, for maintaining anthropornetric records of criminals, was established in 1892 at Calcutta.”
Fingerprint Bureau: The first fingerprint bureau was started in Calcutta in 1897, indicating a major shift towards scientific identification techniques as well as requiring modifications to laws that recognize fingerprints as admissible evidence and to officially include their use in criminal investigations.
Department of Explosives: Its creation in 1898 was most likely accompanied by legislative measures that focused on directing the use, storage, and transportation of explosives, showing an early reaction to the arising threat of explosive-related crimes.
Government Examiner of Questioned Documents, Shimla: The establishment of this authority in 1904 shows that lawmakers realized the importance of document examination in court cases, which may have resulted in the creation of rules guiding the validation and examination of challenged documents.
Important Legislative Changes such as rules for Forensic Practices Introduced Reforms to the law or laws designed to standardize procedures, ensure the acceptance of forensic evidence in court cases, and establish the techniques used in forensics frequently followed the founding of forensic laboratories and institutions. These measures would have created the needs and duties of forensic specialists, created a framework for the operation of forensic laboratories, and specified procedures for gathering, evaluating, and presenting forensic evidence in court.
We may learn more about the institutionalization and regulation of forensic activities in India at this time by investigating the legal consequences of the creation of forensic laboratories and institutions.
TECHNOLOGICAL ADVANCEMENT:
Such as DNA (Deoxyribonucleic) Profiling also called “Genetic Blueprint” contains the genetic information of a human being and the DNA analysis procedure involves, by wearing of disposable gloves and using other instruments or tools for the collection of samples where DNA is available is from the spot by avoiding contact; such avoidance like avoiding to sneeze, eat, and coughing is necessary to prevent contamination of the DNA (and such other measures are also taken) and moreover, DNA profiling is technique of forensic which helps in matters of criminal investigation by comparison of the DNA evidences to the criminal suspects and lastly DNA can be found in any form of biological substances be it be substances like hair, semen, saliva and blood etc.
Taking the case of Patangi Balarama Venkata Ganesh V. State of Andhra Pradesh “the Supreme Court explained the importance of DNA profiling in the following words-Deoxyribonucleic acid, which is found in the chromosomes of the cell of living beings is the blueprint of an individual. DNA decides the characteristics of a person such as the colour of the skin, type of hair, nails and so on. Using, this genetic fingerprinting, identification of an individual is done like in the traditional method of identifying fingerprint of offenders. The identification is hundred percent precise, expert opinion.” Also, In the case of Santosh Kumar Singh Malik V. State of Haryana “in this case the young girl was murdered and raped. The High Court relied upon the DNA reports, which was rejected by Trail Court. Later on, Supreme Court also approved the same and held that the trial court was not justified in rejecting the DNA report, as nothing adverse could be pointed out against the two expert who has submitted it. DNA report as being significantly accurate and is an exact science, said, the apex court.”
Other advancement like Fingerprint analysis which are used to solve cases. Every person’s fingerprint is different than each other/unique and since fingerprints aren’t visible to our eyes, powder is used forensic fingerprint experts to find it and is collected carefully for further examination. It also involves examination of forensic documents for the focus on result of writing and involves a process of examination of various characteristics like: letter formation, writing patterns, pressure exerted by writer, spacing and speed of writing, etc so that experts can provide info about writer’s personal characteristics.
More advancement is there like Digital Forensics and Toxicology. Toxicology which involves study of drugs and chemical’s impact on the body, to determine (in certain cases) if death was caused by poisoning and samples like urine, blood or fluid provides detection, while hair, nails, and sweat gives long-term insight; forensic toxicologist has an important in legal and medical field, using their expertise to determine the impact of substances on persons involved in crimes or accidents, helping to figure out when and how much a person was affected by the drugs or alcohol, which is important for solving cases and legal matters.
Digital Forensic “The reality of the information age is having a significant impact on the legal establishment. Digital evidence, by its very nature, is invisible to the eye. Therefore, the evidence must be developed using tools other than the human eye. Digital forensics is a branch of forensic science related to the use of digital information produced, stored and transmitted on computers as source of evidence in investigations and forensics. The authenticity, reliability, completeness and non-tampering of the digital evidences thus need to be confirmed before admitting it in a case. Matters may involve computer security breaches, computers used in committing illegal deeds, criminal activity that had a computer as its target, or computer-based devices that inadvertently collects information pertinent to a crime or dispute. The Information Technology Act, 2000 deal with this branch of law.”
CASE LAWs and LEGAL PRECEDENTS:
In State of Maharashtra v. Suresh Because DNA profiling was important in connecting the accused to the crime site, the accused was convicted of both rape and murder, emphasizing the importance of DNA evidence in serious crimes.
In State of Gujarat v. Anirudh Singh The forensic analysis of bloodstains and matching of fingerprints played an important role in his wife’s murder conviction, showing the supporting power of forensic analysis.
In (Nirbhaya case) Mukesh & Anr vs State For Nct Of Delhi & Ors In this well-known case, a variety of forensic evidence, such as DNA profiling and medical tests, was crucial in convicting the accusers.
How forensic evidence affect court decision: By giving factual information, forensic evidence increases accuracy, improves cases through linking criminals to crime sites, speeds up trials by reducing the need for lengthy testimony, and has resulted in the release of people who were wrongfully convicted.
How judges see forensic evidence: Forensic evidence needs to meet these requirements under the Indian Evidence Act,1872 such as it must be scientifically valid and legally collected, and presented by trained experts. This protects its reliability, legitimacy, and correct interpretation in court proceedings.
Examples of court decision showing how judges think: like in the case of Selvi v. State of Karnataka the supreme court found that forensic procedures such as narco-analysis need consent, establishing the right balance between progress and individual rights. While in Kishore Chand v. State of Himachal Pradesh Evidence was highlighted along with warning against relying solely on forensic evidence. In Santosh Kumar Singh v. State th. CBI the Priyadarshini Mattoo case highlights the trustworthiness and importance of DNA evidence in ensuring justice.
SUGGESTIONS:
- Supporting infrastructure: modernize the forensic laboratories around India by providing them with new equipments and technologies to facilitate accuracy and timely analysis of samples.
- Standards: Enforce uniform standards for securing, collection, retention, handling and analysis of physical evidence to guarantee reliable court testimony.
- Education and training: Conduct periodic refresher courses for forensic personnel in order to keep them informed about current trends in science investigations.
- Legal framework: Harmonize the existing legislation pertaining to forensic science so as to create an order that can be followed when investigating criminal cases.
- Integrated System of Justice: Enhance cooperation among law enforcers, judges and experts thereby enabling smooth integration of scientific findings into judicial processes.
- Public understanding: Increase knowledge among citizens on the role played by forensic science towards effective justice system hence promote trust within a community.
CONCLUSION:
To sum up, forensic science development in India is very important for ensuring justice through reliable and unbiased evidence. In particular, developments in DNA profiling, fingerprint analysis, digital forensics and toxicology have increased the capacity of law enforcement agencies and courts to solve crimes. However, for forensic science to fully find its way into the system it will be necessary to tackle such problems as lack of infrastructure or procedural inconsistencies and provide continuous training as well as legislative reinforcement. By working on these aspects in good time, India can better its justice system, defend the rule of law, and protect human rights. Making forensic science part of our legal framework enhances justice delivery while also maintaining public confidence in the integrity and fairness of judicial processes.
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Name: Pulkit Singh Gill
College name: OP Jindal Global University