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Suggestions.. SSRN-id4565177
Suggestions.. SSRN-id4565177
- PRAPTI KOTHARI
I. ABSTRACT
However, despite the recognition of the importance of forensic science, there are challenges
that impact its effectiveness and reliability in the Indian criminal justice system. These
challenges include issues related to infrastructure, training, standardization, and the
admissibility of forensic evidence in courts. Additionally, the evolving nature of crimes and
advances in technology pose new challenges to forensic science in India. The lack of
standardized practices and guidelines, inadequate training and resources for forensic experts,
and limitations in forensic infrastructure can all impact the quality and reliability of forensic
evidence, potentially leading to wrongful convictions or acquittals.
Therefore, there is a pressing need for comprehensive research to critically analyze the
current state of forensic science in the Indian criminal justice system, identify challenges, and
propose evidence-based recommendations for its improvement. This research can help
address the gaps and limitations in forensic science practice in India, enhance the quality and
credibility of forensic evidence, and ensure that the criminal justice system operates in a fair
and reliable manner, upholding the principles of justice and due process.
III. CHAPTERIZATION
Forensic science, the captivating realm that unlocks the enigmas of crime through scientific
investigation, has become an integral part of the Indian Criminal Justice System (CJS). This
The field of forensic science in India is extensive and diverse, encompassing various
specialized areas that contribute to the criminal justice system. These fields include but are
not limited to2:
2. DNA Profiling: DNA profiling, is a cutting-edge technique that involves the analysis of
DNA samples to establish the identity of individuals, determine familial relationships, and
link suspects to crime scenes. DNA profiling has revolutionized criminal investigations in
India and has been instrumental in solving numerous complex cases45.
3. Ballistics and Firearms Examination: This field involves the analysis of firearms,
ammunition, and ballistics evidence to determine the type of weapon used in a crime, the
1 Shali, Sonia Kaul, Applicability of Forensic Science in Criminal Justice System in India With Special
Emphasis on Crime Scene Investigation (June 25, 2018). Medico-Legal Desire Media and Publications, Medico-
Legal
Reporter, Inaugural Issue, June 2018 ISSN NO: 2347-3525, Available at
SSRN: https://ssrn.com/abstract=3220169
2 Gowsia Khan and Sheeba Ahad, “Role of Forensic Science in Criminal Investigation: Admissibility in Indian
Legal System and Future Perspective” 7(4) IJARSE pp. 220-34 (2018).
3 Aditya Jain, Evidentiary value of Fingerprints in Indian Criminal Justice System (2021),
https://articles.manupatra.com/article-details/Evidentiary-value-of-Fingerprints-in-Indian-Criminal-
JusticeSystem (last visited Apr 24, 2023).
4 Rebant Juyal, Regulation & Use of DNA Profiling in India, QMLJ 2(1), pp. 36-66 (2021) DOI:
5 .26494/QMLJ3940
5. Forensic Entomology: It is a burgeoning field in India that concerns itself with the study
of insects and arthropods in the context of criminal investigations. It aids in determining
the time and location of events, identifying drugs and poisons, and uncovering neglect or
injury timelines.7 Although in its early stages, it is witnessing continuous research and
experimentation, paving the way for advancements in criminal jurisprudence.
6. Forensic Toxicology89: It is the study of the effects of poisons and drugs on living
organisms. Forensic toxicologists analyze blood, urine, and other bodily fluids to detect
the presence of drugs, alcohol, and other toxic substances, and determine their role in
criminal cases such as poisoning and drug-related offenses.
7. Forensic Psychiatry10: It is a unique blend of medicine and law, and delves into the
intricate realm of mental health in the context of legal proceedings in India. With its
specialized knowledge, Forensic Psychiatry assesses the mental state of the accused,
provides expert opinions, and assists the judiciary in making informed decisions. From
evaluating criminal responsibility to determining fitness to stand trial, it brings clarity to
complex issues at the intersection of psychiatry and law, aiding in the pursuit of justice
with its profound insights and expertise.
10. Cyber Forensics: It entails the skilful deployment of sophisticated investigation and
analysis techniques to collect and safeguard evidence from digital devices in a manner
that is admissible in a court of law. The overarching goal of cyber forensics is to conduct
a systematic examination while upholding the integrity of the chain of custody, in order to
unveil the truth behind the events that occurred on a digital device and identify the
responsible party. It can be aptly described as a meticulous and scientific approach to
preserving, acquiring, extracting, analyzing, and presenting evidence from digital sources,
such as computers, mobile devices, cameras, and other digital mediums.12
The Indian criminal justice system has incorporated various legal provisions that govern the
admissibility and use of forensic evidence in courts. These provisions ensure that forensic
evidence is collected, preserved, and analyzed in a scientifically valid and reliable manner.
The following are some of the key legal provisions related to forensic science in India:
11 Baryah N., Krishan K., Kanchan T. The Development and Status of Forensic Anthropology In India: A
Review of The Literature and Future Directions. Med. Sci. Law. (2019);59:61–69. doi:
10.1177/0025802418824834. 10 Jeddy, N., Ravi, S., & Radhika, T. (2017). Current trends in forensic
odontology. Journal of forensic dental sciences, 9(3), 115–119. https://doi.org/10.4103/jfo.jfds_85_16
12 Lovanshi, M. and Bansal P. (2019), “Comparative Study of Digital Forensic Tools” in Springer Nature
Singapore, 2019. 2(1), pp. 195-204. Available at: https://doi.org/10.1007/978-981-13-6351-1
• Section 4715: It deals with the opinion of the examiner of electronic evidence. It allows
for the opinion of experts in digital forensics or other related fields to be admissible as
evidence in cases involving electronic records, such as computer-generated documents,
emails, or other digital evidence.
• Section 16517: This section deals with the power of the court to ask questions from
witnesses. The court may ask questions from forensic experts or other witnesses to clarify or
elucidate technical or scientific matters related to the evidence presented.
13 The Indian Evidence Act, 1872, No. 1, Acts of Parliament, 1872 (India).
14 See The Indian Evidence Act, 1872, §45.
15 See The Indian Evidence Act, 1872, §47.
16 See The Indian Evidence Act, 1872, §163.
17 See The Indian Evidence Act, 1872, §165.
18 The Code of Criminal Procedure, 1973, No. 2, Acts of Parliament, 1974 (India).
• Section 5320: This section pertains to the examination of accused persons by medical
practitioners, including the collection of bodily samples for forensic analysis. Forensic
examination of bodily fluids, DNA samples, or other physical evidence may be conducted to
establish the guilt or innocence of the accused.
• Section 20721: It deals with the supply of copies of documents and statements to the
accused. Forensic reports, laboratory findings, and other relevant documents may be provided
to the accused as part of the due process, allowing them to challenge or rebut the forensic
evidence presented against them.
• Sections 272 to 27825: These sections deal with offenses related to adulteration of food
or drink, spurious drugs, and spreading infection, which may require forensic analysis to
determine the presence of harmful substances.
• Sections 19526 and 46327: These sections pertain to forgery and document tampering,
which may require forensic examination of handwriting, signatures, or other document-
related evidence.
• Sections 304B28 and 498A29: These sections deal with offenses related to dowry deaths
and cruelty to married women, which may require forensic investigation of injuries, causes of
death, or other forms of evidence.
• Section 6733: This section deals with the punishment for publishing or transmitting
material that promotes the use of narcotic drugs or psychotropic substances. Forensic
examination of digital or printed material may be necessary to establish the content and
nature of such material.
Forensic science, the scientific application of knowledge and techniques to investigate crimes
and analyze evidence, plays a pivotal role in the Indian criminal justice system. The
utilization of forensic science has revolutionized the way crimes are solved and justice is
delivered. From fingerprint analysis to DNA profiling, forensic science has become a
31 The Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1985, No. 61, Acts of Parliament, 1985
(India).
32 See The Narcotic Drugs and Psychotropic Substances Act, 1985, §50.
33 See The Narcotic Drugs and Psychotropic Substances Act, 1985, §67.
34 The DNA Technology (Use and Application) Regulation Bill, 2019, 128 of 2019
Challenges:
• Lack of Standardization: One of the primary challenges in the field of forensic science
in India is the absence of standardized protocols and procedures. 35 The lack of uniformity in
evidence collection, preservation, and analysis can lead to inconsistencies and errors in the
forensic examination process, thereby compromising the reliability of the results.
• Limited Infrastructure and Resources: Forensic laboratories in India often face issues
of inadequate infrastructure, outdated equipment, and a shortage of trained personnel. 36 This
can hinder the timely and accurate analysis of evidence, resulting in delays in investigations
and court proceedings.
• Quality Control and Accreditation: Ensuring the quality and reliability of forensic
evidence is crucial in the criminal justice system. However, many forensic laboratories in
India lack accreditation and quality control mechanisms, leading to concerns about the
accuracy and integrity of forensic findings.
• Lack of Awareness and Education: Another challenge is the limited awareness and
education about the importance of forensic science among law enforcement agencies, legal
35 Prachi Kathane, Anshu Singh, J.R. Gaur, Kewal Krishan, The development, status and future of forensics in
India, Forensic Science International: Reports, 3, (2021) 100215, https://doi.org/10.1016/j.fsir.2021.100215.
36 Pioneer, T. (2023, April 24). INADEQUATE FORENSIC LABS DELAY JUSTICE. The Pioneer.
https://www.dailypioneer.com/2022/columnists/inadequate-forensic-labs-delay-justice.html
37 Indulia, B., E., & A. (2022, December 10). Integrating Forensic Techniques in Indian Criminal Justice
System SCC Blog. https://www.scconline.com/blog/post/2022/12/10/integrating-forensic-techniques-in-indian-
criminaljustice-system/
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The Indian judiciary has delivered several landmark decisions that have shaped the
admissibility and use of forensic evidence in courts. These decisions have established legal
precedents and provided guidance on the importance of forensic science in the Indian
criminal justice system. Some of the significant judicial decisions related to forensic science
in India are:
• In the case of Selvi v. State of Karnataka,39 the Apex Court laid down guidelines for the
admissibility of narcoanalysis, brain mapping, and lie detector tests as evidence in court.
The court held that these tests are violative of the right against self-incrimination under
Article 20(3)39 of the Constitution of India and cannot be conducted on an accused
without their consent.
• The Hon’ble Supreme Court in the case of Tomaso Bruno and Anr. v. State of Uttar
Pradesh,40 opined that the progressive realm of information technology and scientific
acumen must seamlessly permeate the investigative process, for electronic evidence has
the potential to be an invaluable ally to law enforcement agencies in establishing
irrefutable facts. The Court judiciously upheld the admissibility of electronic evidence,
while also laying down appropriate safeguards to ensure its authenticity and credibility.
• In the notable case of Sandeep v. State of Uttar Pradesh42, the distressing circumstances
unfolded as the accused, against the wishes of the victim, compelled her to undergo an
abortion, and upon her refusal, resorted to the heinous act of murder. Subsequently, the
38 Yadav P. K. (2017). Ethical issues across different fields of forensic science. Egyptian journal of forensic
sciences, 7(1), 10. https://doi.org/10.1186/s41935-017-0010-1 39 Selvi v. State of Karnataka, (2010) 7 S.C.C.
263 (India).
39 INDIA CONST. art. 20, cl. 3.
40 Tomaso Bruno and Anr. v. State of Uttar Pradesh, (2015) 7 S.C.C. 178(India).
42
Sandeep v. State of Uttar Pradesh (2012) 6 S.C.C. 107 (India).
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• In the notable case of State of Tamil Nadu v. Nalini 41, which gained widespread
recognition as the Rajiv Gandhi Assassination case, DNA evidence played a crucial role
in linking the accused with the crime and identifying the victims and the assailant. Despite
the destruction of material evidence due to the explosion and dismemberment of bodies,
DNA tests were adeptly employed to establish vital connections in this landmark case.
• In the case of S.P.S. Rathore v. CBI & Anr.,42 the court deliberated upon the evidentiary
value of hand writing expert opinion in the context of a disputed signature. It emphasized
that expert evidence on handwriting is merely an opinion and cannot be held as
conclusive evidence. Relying solely on a handwriting expert's testimony is insufficient to
establish authenticity or identification. It highlighted the need for caution when evaluating
hand writing expert opinions in forensic document examination.
• In the riveting case of Sushil Kumar v. State (N.C.T of Delhi), 43 the circumstances were
chillingly grim. The accused, Sushil Sharma, callously perpetrated the murder of his wife,
Naina Sahni, through the use of firearm, and sought to conceal his heinous act by
attempting to incinerate her body in a tandoor. The diligent efforts of the investigating
authorities led to the recovery of a revolver and blood-stained clothing, which were
astutely subjected to forensic analysis. Furthermore, the blood samples of the victim's
parents were obtained, and the consequential DNA report irrefutably confirmed the
identity of the charred remains as that of their (deceased) daughter.
• In the distinguished case of Surendra Koli vs State of U.P.,46 which is famously known as
the Nithari case that was eventually unraveled through the meticulous application of
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F. CONCLUSION
Forensic science has emerged as a compelling and indispensable tool in the Indian criminal
justice system, unraveling the mysteries of crime through scientific investigation. The fields
of forensic science, ranging from fingerprint analysis to DNA profiling, play a pivotal role in
the collection, preservation, analysis, and presentation of evidence in courts of law. Legal
provisions, provide a framework for the admissibility and use of forensic evidence in courts,
while judicial decisions have reinforced the importance of forensic science in establishing
guilt beyond reasonable doubt. As India continues to march towards a more robust and
efficient criminal justice system, forensic science will continue to play a crucial role in
uncovering the truth, ensuring justice for victims, and upholding the rule of law. With the
rapid advancements in technology and the constant evolution of forensic science, the future
holds immense potential for further innovations and advancements in this captivating field,
making it an exciting area of research and exploration for legal scholars, forensic experts, and
criminal justice practitioners alike.
G. WAY FORWARD
The following recommendations can serve as a roadmap for the stakeholders involved in
strengthening forensic science in India. With the advancements in forensic science and its
proper integration into the criminal justice system, India can achieve greater efficiency,
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• Strengthen Current Legal Framework: Regularly reviewing and updating the legal
framework related to forensic science can ensure that it remains relevant, admissible, and
reliable in courts of law. Clear guidelines, standard operating procedures, and legal reforms
that align with international best practices can enhance the admissibility and acceptability of
forensic evidence in the Indian criminal justice system.
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• Build Public Awareness: Educating the general public about the role and significance
of forensic science in the criminal justice system can foster trust, transparency, and
confidence. Conducting public awareness campaigns, organizing community engagement
programs, and disseminating accurate information about forensic science can empower the
public to appreciate the value and impact of forensic evidence in ensuring justice.
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