………………………………………………………………………………………………………………………………………………………………….

Synopsis on :- New Dimensions of Indian Criminal Justice System with

Special Reference to the Use of Modern Scientific Technologies.
………………………………………………………………………………………………………………………………………………………………….
Submitted by: - Submitted to:-
Pritee Kishore Mrs. Poonam Kumari
L.L.M. Asst. Professor
1st semester School of law and governance
CUSB1913131026 CUSB
Introduction

Crime has its older history and its type changes from time to time. Now a days, with due
advancement of science and technology, easy availability of internet, transport and various other
things which established a new type of crime in our society. The objective of every society is to
recognize the person who had committed the crime and penalize them and keep the society crime
free.

With due development in the field of science and technology modern techniques such as Narco
Analysis, DNA Test, Finger prints, Lie detector test, Brain Mapping etc. in the field of forensic
science has been established in this modern era of technology. These all technologies can
provide easy and quick solution in investigation and examination of witness. In last few decades,
fusion of criminal investigation system with forensic science had played important role in
strengthening the criminal justice system.

The old techniques are not appreciable in this modern era where there are difficulties in detection
of crime and criminals. Hence, there is the need of using these modern techniques for authentic
investigation and interrogation of the accused.

Objective of study

The objective of the study is firstly, to know about the forensic science, its history and timeline
and secondly, to know the modern techniques of examination of accused and witness. And to
examine its relevancy in Indian Criminal Justice system along with its admissibility in the court
of law and how far it has a invasion on the “Right to privacy” of the individual.

Research Hypothesis

Modern technologies are bringing significant and decisive changes in Indian justice system.

Research Questions

1. What is forensic evidence?

2. Whether the modern techniques of investigation are implemented effectively or not?
3. How far they are admissible in the court of law?
4. Do these modern techniques invade the right to privacy?
Sources:

Primary Sources

Primary sources include Statutes which are Universal Declaration of Human Right, 1948, The
Indian Constitution, 1950 and The Indian Evidence Act, 1872.

Secondary Sources

Secondary Sources include Books, Articles, Internet etc.

Limitation of study

This dissertation deals with the study of provision related to the use of the modern techniques
limited to India only not extended to the study of provision of the other countries.

Research design/methodology
In accordance with the objectives of the present study, doctrinal research design has been
adopted. The doctrinal design has been used to study the provisions related to police reform.
Doctrinal Research is a research, as we all know, based on the principles or the propositions
made earlier. It is more based on the sources like books of the library, and through resources
collected through access to various websites. For the purpose of the Research Project, the
Researcher has collected relevant materials from books on criminal law and also from various
websites. The Research has been done primarily with the help of case laws and leading
judgments of various courts as well as legislative provisions. Various articles from the internet
sources have also been referred.
 
Literature Review

B.S. Narvas, Forensic Science in Criminal Investigation (Asia Law House, Hyderabad, 3rd
edn., 2007).

In this book, the author has described the importance of forensic science in this modern era. He
also discusses the fact that how forensic science helps to tackle the problem of the crime and
what is it’s importance in investigation process in reaching to the conclusion. Day to day,
manner of committing crime is being changed, so there is a need to establish new methods of
collecting evidence. So, this book ultimately discusses the vital role played by these modern
techniques to solve various issues related to modern crime.

Yawer Qazalbash, Law of Lie Detectors, Narco Analysis, Polygraphy, Brain Mapping, Brain
Fingerprinting, (Universal Law Publishing, Allahabad, 1st edn., 2016).

This book contains the real side and truth of the use of the above modern techniques and the law
related to it. Relevant and the old conventional method of lie detector have also been discussed
in this book. There is a large debate among various scholars and civil society about the
genuineness of these forensic tests.

Batuk Lal, The law of Evidence (Central Law Agency, Allahabad, 12th edn., 2015).

This is the book which discusses the various principles given in the Indian Evidence Act, 1872.
In its one of the chapter, It also deals with admissibility of expert opinion given in Section 45 of
The Indian Evidence Act, 1872. It discusses the definition of expert and various judgments of
Supreme Court and High Courts on modern techniques like Narco Analysis Test and Brain
Mapping. It also discusses the guidelines given by National Human Right Commission on use of
these modern techniques.

Peter Murphy, Evidence (Oxford university Press, United Kingdom, 12th edn., 2011).

The law of evidence discusses the various principles which is used in litigation. There should not
only be the practice of understanding the rule of admissibility but also understanding it’s all
principles for proper practice.

M.P Jain, Indian Constitutional Law (Kamal Law House, Calcutta, 5th edn., 2018).

This book has discussion on constitutional law of India. it deals with one of the aspect of “Right
against Self incrimination” given in Article 20 (3) of the Indian Constitution and also discusses
“Right to Privacy” in India in earlier days, which has a relevance on the use of modern
techniques and right to privacy.
K. Kannan, Modi A Textbook of Medical Jurisprudence and Toxiocology (Lexis Nexis, New
Delhi, 26th edn., 2006).

This book talks about scientific evidence, which is most important branch of jurisprudence,
which is Forensic Science. It is very useful in investigation process. The growing age of forensic
science has developed the world in the modern crime detection. The use of Forensic Science is
the application of scientific principle in crime detection. The author has discussed how the use of
the forensic science has developed the criminal justice system.

Stuart H. James and John J. Nordby, Forensic Science: an introduction to scientific and
investigative techniques (CRC Press, Boca Raton, 2nd edn., 2005).

The author explains how far these modern techniques is admissible in the court of law.

Som Dutt Vasudeva, “The Science and the Crime” 6 CRLJ 52 (2006).

Even, in this era of science and technology many people are still not aware about the fact that
science and technology plays an important role in the detection of crime and criminals. Science
has a wide range in the criminal investigation system. In India, it witnesses the involvement of
forensic science in 19th and 20th century.

Jitendra N. Bhatt, “A Profile of Forensic Science in Juristic Journey 8 SCCJ 25 (2003).

Forensic Science is very important in the administration of justice. It is helpful in detection of

crime. With the development of science and technology, forensic methods of criminal
investigation have also been developed. This article discusses various methods of modern
technologies used in criminal justice system and also give various suggestions to use these
methods judiciously.

Subodh K. Singh, “Application of DNA Profiling in Administration of Criminal Justice” 5

CRLJ 24 (2011).

In this article, author gave the explanation of DNA profiling and dealt with various case laws. He
also referred Malimath Committee Report and DNA Profiling Bill, 2007.

Rattan Singh, Narco Analysis: A Volacano in Criminal Investigation System, Available at

www.legalserviceindia.com > article (Last accessed on February 15, 2020).

In this article, the author has discussed special techniques used in criminal justice system, with
special reference to Narco Analysis.
Chapterisation

Chapter 1 deals with general framework on which the dissertation is based. It deals with the
general introduction. It also deals with objectives of the study, hypothesis, research question,
limitations of the study, research methodology and literature review.

Chapter 2 deals with concept and definition of forensic science, and it also discusses the
jurisprudential aspect of it. It also discusses with historical perspective and time line of forensic
science in the sense of development of forensic science through ages. This chapter has also
discussed the relevancy of forensic science in criminal justice system. This chapter basically
deals with the development of forensic science through ages and also relates forensic science
with criminal justice system.

Chapter 3 discusses the various types of modern techniques used in forensic science. It firstly
deals with Narco Analysis Test and discusses it’s history and its use in criminal justice system.
Then after, it discusses Polygraph or Lie Detector Test. Thirdly, it deals with Brain Mapping or
P300 Test. Then after issues relating to DNA profiling and Brain Mapping is being discussed. At
last, several other techniques used in forensic science like Binocular, Remote personal
assessment, Psycholinguistic profile, Criminal Profiling, Psychological Stress evaluator is being
discussed.

Chapter 4 deals with Admissibility of these modern techniques in Indian Court. Article 11 of the
Universal Declaration of Human Right talk’s about right to presumption of innocence. Article 20
(3) says that “No person is compelled to give witness against himself.” All forensic reports are
the opinion of various experts which is admissible under Section 45 of the Indian Evidence Act,
1872. How far and in what manner it is admissible in the Indian Court, it is being discussed in
this chapter supports with various judgments of different High Courts and Supreme Court and
various provisions with Indian laws.

Chapter 5 deals with Modern techniques of examination vis a vis right to privacy. In earlier
times, right to privacy was an integral part of Article 21 of Indian Constitution, however, it was
not a fundamental right.. But, now a days it is regarded as funadamental right in India. This
Chapter discusses how modern techniques of examination invade right to privacy of an
individual. In short, we can say that these modern techniques of examination of accused is
violation of right to privacy if it is taken without free consent of the accused person, but at the
same time the maxim “jura publiica anteferendaprivatis juri bus which means collective right
should be preferred over individual right.

Chapter 6 deals with the problem related to modern techniques in the examination of accused

Then after conclusion and suggestion is being discussed.

Bibliography

Books referred

B.S. Narvas, Forensic Science in Criminal Investigation (Asia Law House, Hyderabad, 3rd edn.,
2007).

Yawer Qazalbash, Law of Lie Detectors, Narco Analysis, Polygraphy, Brain Mapping, Brain
Fingerprinting, (Universal Law Publishing, Allahabad, 1st edn., 2016).

Batuk Lal, The law of Evidence (Central Law Agency, Allahabad, 12th edn., 2015).

Peter Murphy, Evidence (Oxford university Press, United Kingdom, 12th edn., 2011).

M.P Jain, Indian Constitutional Law (Kamal Law House, Calcutta, 5th edn., 2018).

K. Kannan, Modi A Textbook of Medical Jurisprudence and Toxiocology (Lexis Nexis, New
Delhi, 26th edn., 2006).

Stuart H. James and John J. Nordby, Forensic Science: an introduction to scientific and
investigative techniques (CRC Press, Boca Raton, 2nd edn., 2005).

Articles referred

Som Dutt Vasudeva, “The Science and the Crime” 6 CRLJ 52 (2006).

Jitendra N. Bhatt, “A Profile of Forensic science in juristic journey 8 SCCJ 25 (2003).

Subodh K. Singh, “Application of DNA profiling in administration of criminal justice” 5 CRLJ

24 (2011).

Rattan Singh, Narco Analysis: A volacano in Criminal investigation system, Available at

www.legalserviceindia.com > article (Last accessed on February 15, 2020).