The Amicus Qriae
Durgapur, WB, India
Email: theamikusqriae@gmail.com
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Topic- Forensic Science in Criminal Trials: Legal Consideration in India.
Introduction
Forensic science plays a critical role in modern criminal trial, offering scientific evidence to establish facts and support legal argument. Its application spans various disciplines, including DNA analysis, toxicology, fingerprint examination, and digital forensic. These scientific methods help law enforcements agencies and courts determine crucial aspects such as the identity of suspect, causes of death, and the nature of a crime. However, the reliability of forensic evidence depends on the proper collection, handling, and interpretation of samples. Any contamination or procedural lapse can lead to wrongful convictions or acquittals, raising concerns about the fairness to trials. While forensic science enhances the justice system’s ability to determine guilt or innocence, it also raises legal consideration regarding admissibility, reliability and ethical concern. This paper explores the legal framework governing forensic evidence, its challenges in court, and the evolving role of forensic science in criminal trials.
Forensic science has become an indispensable tool in modern criminal trial, aiding the legal system in uncovering facts, analyzing evidence, and ensuring justice. In India, forensic evidence plays a crucial role in criminal trial, but its admissibility, reliability, and legal consideration remain subject to judicial scrutiny. This paper explores the role of forensic science in Indian criminal trials, examining its legal framework, challenges, and judicial precedents.
The recent years, india has taken steps to improve forensic capabilities, such as expandingforensic laboratories, introducing advancesd technologies like DNA databases and cyber forensic units, and strengthening legal provisions for scientific evidence. However, more reforms are needed to ensure that forensic science contributes ffectively to criminal trials while safeguarding the rights of the accsed.
National Crime Record Bureau (NCRB)
NCRB was set up in India with the mission of empowering the police with all possible information with the use of technology and criminal intelligence to uphold the law and protect people from wrongful convictions and crimes. It is continuously working and maintaining a secure sharable national database on crime and criminals. The DNA examination after a crime scene investigation plays a very important role for the same.
Legal framework Governing Forensic science in India
Forensic science operates within the ambit of several legal provisions in India, which govern its collection, analysis, and admissibility in courts.
- The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
Under the Bharatiye Nagarik Suraksha Sanhita (BNSS) specifically Section 176(3).
- The Bharatiye Sakshya Adhinyam (BSA) 2023. India’s evidentiary laws, particularly concerning digital evidence and forensic science, by explicitly including electronic records as primary evidence and streamlining procedures for handing digital evidence.
- Under (BSA) includes provision related to forensic science, particularly concerning digital evidence and expert testimony, with key section like 176(3), 349,329 and 330 focusing on forensic evidence collection and admissibility.
- Under (BSA) Clause 63 of the Bhartiye Sakshya Adhinyam provides the admissibility of electronic records, and clause 2(D) defies documents to also include electronic or digital records.
- Information technology (IT) Act, 2000
The IT Act, 2000 deals with cybercrime and digital evidence, which are increasingly relevant in modern forensic science. Sections 65B and 72A govern electronic evidence admissibility and data protection.
Types of forensic evidence used in criminal trials.
Several branches of forensic science contribute to criminal investigation and trials in India.
- DNA Profiling
DNA evidence has revolutionized criminal trials, providing near-absolute certainty in identifying suspect. Indian courts have increasingly relied on DNA analysis in rape, murder, and paternity disputes.
Case Law: Mukesh & Anr v. state for NCT of Delhi (2017) – In the Nirbhaya case, DNA evidence played a key role in securing convictions.
Legal consideration: India lacks a comprehensive DNA Technology (Use and Application) Regulation Bill is under consideration.
- Fingerprint Analysis
Fingerprint evidence has been accepted as a reliable forensic tool for over a century.
Case law: State of Maharashtra v. Sukhdeo Singh (1992) – The Supreme Court upheld fingerprint evidence as conclusive proof.
Legal consideration: The identification of Prisoners Act, 1920, govern fingerprint collection, but recent advancements call for updates legislation.
- Ballistic and Firearm Examination
Ballistics expert analyze bullets, cartridges, and gunshot residue to establish links between weapons and crimes.
Case law: Kartar Singh v. State of Punjab (1959) – Firearms analysis was crucial in convicting the accused.
Legal Consideration: the arms act, 1959, governs firearm possession, and forensic report must meet admissibility standards under the Indian Evidence Act.
- Forensic Toxicology
Forensic toxicology determines the presence of poisons, drugs, or chemicals in the human body.
Case law: Sharad Birdhichand Sarda v. State of Maharashtra (1984) – A landmark case where forensic toxicology played a crucial role in proving cyanide poisoning.
Legal Consideration: The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, govern drug-related forensic evidence.
- Digital and cyber forensics
With the rise in cybercrime, digital forensics is increasingly used in criminal trials.
Case law: Anvar P.K. Basheer (2014) – the Supreme Court ruled that electronic evidence must comply with Section 65B of the Indian Evidence Act to be admissible.
Legal Consideration: The IT Act, 2000, mandates strict procedural compliance for digital evidence.
Admissibility and challenges of forensic evidence
The admissibility of forensic evidence in Indian courts hinges on its relevance, reliability and the credibility of the expert presenting it. Courts assess whether the forensic methods employed are scientifically accepted and whether the evidence has been collected and preserved without contamination. However, challenges persist, including.
Quality and Standardization: Variations in the quality of forensic laboratories and the lack of standardized protocols can impact the reliability of forensic evidence.
Training for resources: limited training for law enforcement personnel in evidence collection and shortage of advanced forensic facilities can hinder effective utilization of forensic science.
Legal awareness: A lack of awareness among legal practitioners about the capabilities and limitations of forensic science can affect the interpretation and weight given to such evidence in trials.
Narco-Analysis Test
Narcosis may be a state of unconsciousness induced by drugs. Narco – Analysis may be a process whereby a subject matter is put to sleep or put into a drowsy state by means of chemical injection the interrogated while during this state. This method has been utilized to feature to the memory of a witness. During the method of Narco -Analysis test an individual has no power to think because of the effect of medicine which is injected into him.
The Supreme Court ruled in Selvi v. State of Karnataka (2010) that these tests cannot, as they violet Article 20(3) (right against self-incrimination).
Polygraph or Polygraph Test
The term ‘polygraph means’ many writings and refers to a way during which psychological actives are recorded. The principle is that when someone lies he becomes nervous, which successively causes mental excitation. To hide up the joy, adrenal glands are stimulated secrete adrenalin, which on entering the blood stream, sets up the force per unit area and rate of the force per unit area and rate of pulse and respiration. The psychological changes when recorded are jointly called Polygram, which is analyzed to search out whether during the lie detection test, the suspect experienced emotional stress with questions asked.
Brain mapping or P300 Test
This method is additionally called ‘brain wave finger printing’. By this system, the suspect is first interviewed and interrogated to seek out if he’s concealing any vital information. Sensors are attached to the top and also the person is formed to sit down before of a computer monitor. The suspect is shown and made to listen to certain images and voice. The sensor is attached to go monitors and records electrical activity and P300 waves within the brain, which is produced as long as the subject has link with stimulus. The suspect isn’t asked any question. This manner the brain finger printing matches the data stored within the brain thereupon of the related crime and crime scene. If the person is innocent, no such P300 wave gets registered during the test. In India, the primary forensic laboratory to use this method is that the forensic laboratory to use this method is that the forensic laboratory in Bangalore. The court considers all other proofs available together with the view of the scientific expert, which is simply one piece of evidence needed to be taken into consideration and appreciated for its evidentiary value. This test wouldn’t be valid wherein two suspects in an investigation were both present at against the law, but one was a witness and also the other a perpetrator. The strategy can only detect information from their memory that may place both at the scene of the crime and it cannot decide what their roles were, thereby creating eye-witness becoming a suspect of the crime and giving a doubtful chance to the 000 culprit to form a condition of doubt.
Recent development in forensic science in India
To address these challenges, the Indian government has introduced new rules aimed at improving the collection and use of forensic evidence in criminal investigation. These reforms aim to make investigation more thorough, increase the chances of convictions, and enhance trust in India’s justice system.
- Legislative Reforms: Criminal Law Amendment Bill 2023: This proposed bill aims to streamline forensic procedures and enhance the reliability of forensic reports. Key provisions include mandating the involvement of forensic expert during crime scene investigation to ensure comprehensive evidence collection and expanding the range of forensic samples that can be obtained through a magistrates order, thereby broadening the scope of investigations.
- Implementation of New Criminal Laws (2024): The new Criminal Law introduced in 2024 emphasize the critical role of forensic science in the justice system. These new mandate forensic investigations in forensic infrastructure and training, and encourage the integration of modern technologies. The objective is to create a more efficient, accurate and victim-centric justice system.
- Advancement in forensic Technologies: The Indian legal system is increasingly adopting advanced forensic technologies, such as DNA profiling, digital forensics, and forensic accounting. These advancements aid in the precise identification of perpetrators and the meticulous analysis of evidence, thereby strengthening the prosecution’s case in court.
Legal considerations
- Chain of Custody: Maintaining an unbroken chain of custody is crucial for the integrity of custody is crucial for the integrity of forensic evidence. Any lapses can lead to questions regarding the authenticity of the evidence, potentially resulting in its exclusion from the trial.
- Accreditation of Forensic Laboratories: Forensic laboratories in India are encouraged to obtain accreditation from the National Accreditation Board for Testing and Calibration Laboratories (NABL). This accreditation ensures that forensic analyses meet international standards, thereby enhancing the credibility of the evidence presented in court.
- Training and capacity building: Continuous training programs for law enforcement officers, judicial officers, and forensic experts are essential to keep abreast of the latest development in forensic science. Such initiatives ensure the proper collection, preservation, and interpretation of forensic evidence, thereby strengthening its impact in criminal trials.
Judicial trends and reforms
Recent judicial trends indicate a growing reliance on forensic evidence, but reforms are needed for better integration.
- DNA Law Proposal – The DNA technology (use and application) regulation bill aims to regulate DNA collection and usage.
- Strengthening Forensic Infrastructure – India is expanding forensic labs and training programs to improve forensic capabilities.
- Need for judicial training – Judges and Lawyers require specialized training in forensic science to evaluate evidence effectively.
Positive Aspects of Forensic Science in Indian Criminal Trials
- Scientific and Objective Evidence – Forensic techniques, such as DNA analysis, fingerprinting, and ballistics, provide objective that helps establish facts accurately.
- Strengthening Prosecution and Defense – Forensic reports can either strengthen the prosecution’s case by proving guilt or help the defense by ruling out wrongful accusations.
- Reducing Wrongful Convictions – DNA testing and other forensic methods can prevent miscarriages of justice by identifying the actual perpetrators.
- Corroboration of Eyewitness Testimony – Forensic evidence supports or challenges witness accounts, increasing the reliability of testimonies.
- Crime Scene Reconstruction – Advanced forensic techniques help in reconstructing crime scenes, providing insights into the sequence of events.
- Admissibility in Courts – The Indian Evidence Act, 1872, allows forensic evidence, making it legally acceptable in trials.
Negative aspects of forensic science in Indian criminal trials
- Lack of standardization – India lacks uniform forensic standards, leading to discrepancies in forensic reports across different laboratories.
- Manipulation and tempering – There have been cases where forensic reports have been altered to suit vested interests, leading to wrongful convictions or acquittals.
- Limited infrastructure and expertise – Many forensic labs in India are under-equipped and understaffed, leading to delays and errors in reports.
- Backlog of cases – The overwhelming number of pending cases slows down the forensic process, delaying justice.
- Questionable admissibility – Courts sometimes reject forensic reports due to procedural lapses or improper collection of evidence.
- Reliance on traditional investigation – Many police officers and prosecutors still rely more on confessions and witness statements rather than forensic evidence.
- Challenges in DNA and Cyber forensic – DNA testing is costly and not widely accessible, while cyber forensic faces challenges due to rapidly evolving technology and a lack of trained experts.
Future scope of the study
The purpose of this research was to investigate the relationship between crime scenes, forensic science, the Indian criminal justice system, and the successful resolution of cases in India. Integration of technology can be added to improve the effectiveness and precision of forensic investigation and evidence analysis. Legal and ethical implication of forensic science practice in the Indian criminal justice system can contribute to the preservation of individual rights, privacy, and the use of forensic evidence fairly.
Based on the study’s findings, future policy recommendation for standardization, quality assurance, and accreditation of forensic laboratories and personnel can also be added to enhance the incorporation of forensic science into the criminal justice system by providing valuable insights for enhanced coordination and cooperation.
Suggestion
We are still a long way to go for achieving the required technology to fully integrate the criminal justice system to that of forensic science, but in the meanwhile, what can be done is:
- A full- fledged and comprehensive legislation focusing solely on regulating the forensic science in India.
- Increase the number of forensic laborites and modernize existing facilities.
- Introduce advanced forensic technologies such as AI-based crime analysis and digital forensics.
- Proper training of medical practitioners in order to ensure no contamination of the scientific evidence in such way, which can lead the court to declare the evidence as inadmissible.
- Conduct workshops and certification programs for judges, prosecutors, and defense lawyers on forensic science.
- Include forensic science as a compulsory subject in law schools.
- Medical experts should undertake medico-legal work, as this would allow them to have deeper perspective of criminal legal system s well their own field.
- Reduce case backlogs by increasing the number of forensic experts.
- Implements fast-track forensic reporting systems for serious crimes.
- Develop legal frameworks to protect individuals’ privacy in forensic investigations.
- Establish independent regulatory bodies to oversee forensic practices and prevent misuse.
- Enhance collaboration between forensic experts and investigating agencies for efficient crime-solving.
- Implement digital forensic tools to tackle cybercrime effectively.
- Amend the Indian evidence act to incorporate specific provision for forensic evidence.
- Develop standardized guidelines for forensic examination to ensure uniformity in expert reports.
- Judiciary can develop a test or a set of criteria to determine the conditions under which the evidentiary value of a forensic report would be ascertained.
- A comprehensive DNA database should be formulated and maintain, which would work of forensic experts more easier, as well as helpful in bringing the accused to justice.
- Educate the public on forensic science to build trust in forensic- based verdicts.
- Make forensic reports and methodologies accessible for scrutiny to prevent biased interpretation.
Related Landmarks Judgments on Forensic Science in Criminal trials in India.
- Selvi v. State of Karnataka (2010)
Key issue: Constitutionality of narco analysis, polygraph, and brain mapping.
Judgment: The Supreme Court held that these techniques, if conducted without consent, violate article 20(3) of the constitution ( right against self-incrimination). However, voluntarily given results could be admissible.
- State of Maharashtra v. Damu (2000)
Key issue: DNA evidence in criminal cases.
Judgment: The Supreme Court upheld DNA evidence as a reliable form of scientific proof, stating that it can be used effectively in criminal trials to establish identity.
- Dharma Deo Yadav v. State of Uttar Pradesh (2014)
Keys issue: importance of forensic evidence and chain of custody.
The Supreme Court emphasized the necessity of properly collected and documented forensic evidence, stating that any temperily could render it inadmissible.
- Murphy v. State of Uttar Pradesh (1955 AIR 1047)
One of the early cases where fingerprint analysis was accepted as valid forensic evidence.
- Santosh Kumar Singh v. State (2010) 9 SCC 747
Legal consideration: Importance of DNA evidence in rape and murder cases.
Key holding: The court relied heavily on DNA evidence to convict the accused in the Priyadarshini Mattoo rape and murder case, reversing the High Court’s acquittal.
- Surinder Kaur v.State of Punjab (2020) 2 SCC 563
Legal consideration: Cyber forensic evidence n criminal trials.
Key holding: the courts ruled that digital forensic evidence, such as call records and CCTV footage, must be properly authenticated under Indian evidence act to be admissible.
- Shashi Jena v. Khadal swain (2004) 3 SCC 421
Legal consideration: DNA testing in criminal and civil cases.
Key holding: DNA tests were upheld as valid scientific evidence for determining paternity and crime scene analysis, provides they follows proper procedural safeguards.
- Manoj v. State of Madhya Pradesh (2022) 7 SCC 654
Legal consideration: Role of forensic odontology (bite mark analysis).
Key holding: The court accepted forensic odonotology as a credible scientific method for identifying criminal based on bite marks.
- State of Punjab v. Amritsar beverages ltd. (2006) 13 SCC 203
Legal consideration: Forensic evidence in economic and corporate crimes.
Key holding: The Supreme Court recognized the importance of forensic auditing and chemical analysis in cases involving economics offences and fraud.
- Govindaswamy v. State of Kerala (2012) 12 SCC 667
Legal consideration: Medical and forensic evidence in rape cases.
Key holding: The Court held that forensic medical reports, including vaginal swabs and DNA evidence, play a vital role in convicting accused persons in sexual assault cases.
- Ram Chandra Reedy v. State of Maharashtra (2004) 5 SCC 324
Legal consideration: Scientific methods in criminal trials.
Key holdings: The Supreme Court acknowledges the relevance of forensic science but maintained that involuntary scientific techniques (such as narco-analysis) are not admissible.
- Murarilal v. State of Madhya Pradesh (1980 AIR 531)
Legal consideration: Admissibility of forensic evidence.
Key holding: The Supreme Court ruled that forensic evidence, including handwriting analysis, can be used in criminal trials but must be corroborated with other evidence.
- Shafti Mohammad v. State of Himachal Pradesh (2018)
The court clarified the conditions for admitting electronic evidence, ruling that a certificate under section 65B is not mandatory in all cases.
- Tomaso Bruno & Anr.v. State of Uttar Pradesh (2015)
The supreme court emphasized the importance of CCTV footage as valid forensic evidence in criminal trials
- Mukesh & Anr v.State of NCT of Delhi (2017) (Nirbhaya Cases)
Key issue: Role of forensic evidence in rape and murder trials.
The Supreme Court relied heavily on DNA evidence, medical reports, and forensic findings to convict the accused. This case reaffirmed the importance of scientific evidence in corroborating testimonies.
Conclusion
Forensic science has becomes an indispensable tool in the Indian criminal justice system, aiding in the investigation and prosecution of crimes. It provides scientific, objective, and reliable evidence that can strengthen the legal process. However, its application raises several legal consideration, including admissibility, reliability, ethical concerns, and adherence to due process.
The Indian framework, primarily governed by the (Bhartiye Sakshya Adhinyam 2023), (Bharatiye Nagarik Suraksha Sanhita 2023) and relevant supreme court judgments, has evolved to accommodate forensic evidence while ensuring fairness and scientific validation to determine the admissibility and weight of forensic findings, challenges such as improper handling of evidence, lack of advanced forensic infrastructure, and potential biases in expert testimony can affect justice delivery.
Forensic advancements, including DNA analysis, cyber forensics, toxicology, ballistics and fingerprint examination, have improved crime detection and conviction rates. However, India needs stricter protocol, better-trained personnel, and judicial awareness to maximize forensic science’s potential while safeguarding against misuse.
In conclusion, forensic science enhances the integrity of criminal trials in India but must be applied within a robust legal framework that balances technological progress with legal safeguards. Strengthening forensic capabilities, ensuring transparency, and uploading constitutional rights will enhance the credibility and effectiveness of forensic science in the Indian judicial system.
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