Abstract
Forensic evidence is vital to India’s criminal justice system as it provides a scientific foundation for determining a suspect’s guilt or innocence, thus ensuring justice and equity in criminal proceedings. Beyond identifying criminals and establishing the facts of a case, forensic evidence aids in clearing the unjustly accused. This paper explores forensic evidence’s function, significance, and challenges in India’s criminal court system. The study aims to clarify the critical role of forensic evidence in criminal investigations and highlight its significant influence on the administration of justice. Following a comprehensive overview of forensic science and its historical development in the Indian context, the paper delves into various types of forensic evidence, including digital, biological, physical, and trace evidence.
Introduction
Forensic science, often described as “the application of science to those civil and criminal laws that are enforced by the police agencies in a criminal justice system,” provides answers to legal problems and uses methods and instruments to analyse evidence from crime scenes, applying this knowledge to investigations. Anything gathered using scientific procedures that can be used in a court of law is considered forensic evidence, which serves as a tool for solving crimes and supporting the legal system in establishing a crime’s occurrence, identifying the offender, and clearing the unjustly accused.
In recent years, there has been a notable surge in utilizing forensic evidence within India’s criminal court system. This is because forensic laboratories have been established nationwide, and there is a growing recognition of the value of scientific evidence in criminal investigations. Despite the increased use of forensic science in India, several issues persist, including the requirement for qualified specialists, infrastructure constraints, and a court system still adapting to the nuances of scientific testimony.
The Legal Framework for Using Forensic Evidence in India
- The Code of Criminal Procedure (CrPC)
The cornerstone of Indian procedural laws governing criminal investigations and trials is the Code of Criminal Procedure (CrPC). Sections 53 and 54 of the CrPC cover the examination of accused persons, granting the judge the right to perform forensic evaluations and medical examinations of the accused. This provision allows law enforcement to collect vital forensic evidence from the defendant, including bodily fluids or samples, for further examination.
- Indian Evidence Act, 1872
The Indian Evidence Act, of 1872, governs the laws about the admissibility of evidence in India, particularly forensic evidence. Section 45 of the Act recognizes the opinion of experts, including forensic experts, as significant. This clause establishes the legitimacy and applicability of forensic evidence by allowing experts to testify on matters such as DNA profiling, fingerprint matching, and handwriting analysis.
- Information Technology Act, 2000
The Information Technology Act, of 2000, and its subsequent amendments cover the admissibility and legal aspects of digital evidence. Digital evidence plays a crucial role in today’s world, especially in cybercrimes, data theft, or electronic transactions. The Act provides a legal framework for collecting and using digital evidence, ensuring its admissibility in court and its efficient use in investigations and legal proceedings.
Fundamental Principles of Forensic Science
Several principles form the backbone of forensic science, making scientific evidence relevant and admissible in a court of law. These include:
– Individuality: Every natural object has a unique identity, such as fingerprints, not duplicated by man or nature.
– Locard’s Principle: Every time two identities come into contact traces are mutually exchanged. This is known as the Locard exchange principle.
– Law of Progressive Change: Everything changes with time, including the crime scene, tangible evidence, and the offender.
– Principles of Comparison: Objects can only be compared if they share similar characteristics. This principle emphasizes the importance of providing comparable specimens or samples for comparative analysis.
– Principles of Analysis: Proper sampling and packaging techniques must be prioritized to use scientific evidence efficiently in trials.
– Law of Probability: It establishes the likelihood that a specific event will occur in a given manner among several possible ways it may occur or not occur with equal ease.
Importance of Forensic Evidence in Criminal Trials in India
The Evidence Act, introduced by the governing body, is adhered to by all states and governing bodies in India. It contains consistent guidelines for both criminal and civil proceedings. While the standard of proof in criminal and civil trials may vary, the same decisions apply to both. In the case of Tomaso Bruno and Another. v. State of Uttar Pradesh, the Honorable Supreme Court stated that the investigative process must be seamlessly integrated with the progressive field of information technology and scientific acumen. This is because electronic evidence has the potential to be a valuable tool for law enforcement agencies in establishing unquestionable facts.
Types of Forensic Evidence
A myriad of forensic evidence types is utilized within the Indian criminal justice system, including
- DNA Evidence: Provides a genetic fingerprint that allows for an individual’s unique identification.
- Fingerprint Analysis: Among the most dependable and traditional types of forensic evidence.
- Ballistic Evidence: Offers information on the use of weapons during criminal activity.
- Digital Forensics: With the rise in cybercrime, this field is becoming increasingly significant, dealing with the recovery and analysis of data from digital devices.
- Toxicology: Examines bodily fluids for the presence of chemicals and/or toxins.
The Role of Forensic Evidence in Criminal Investigations in India
The integration of forensic science into criminal investigations in India has significantly enhanced the effectiveness and efficiency of the justice system. The Central Forensic Science Laboratory (CFSL), with its regional branches, serves as the top forensic laboratory in India, providing vital support to law enforcement agencies.
However, the use of forensic evidence faces several challenges, including a lack of qualified specialists, infrastructure constraints, and a court system still adapting to the nuances of scientific testimony. Moreover, the restrictive use of forensic evidence in the Indian legal scenario, driven by the onus probandi principle, requires that the accused be considered innocent until proven guilty beyond a reasonable doubt, leading to a decrease in the use of forensic evidence in criminal proceedings.
Conclusion
Forensic evidence plays a crucial role in the Indian criminal justice system by providing a scientific foundation for determining a suspect’s guilt or innocence. Despite the challenges of integrating forensic science into the court system, its significance in establishing the facts of a case, identifying the offenders, and ensuring justice is undeniable. The development and expansion of forensic science in India are imperative for improving the efficiency and effectiveness of criminal investigations and trials.
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