Author: Shiva Kumari, Brainware University
LinkedIn Link: https://www.linkedin.com/in/shiva-kumari-0ba140415?utm_source=share_via&utm_content=profile&utm_medium=member_android
Abstract
The administration of Criminal Justice is designed to find out the truth. The relevant facts are: who committed the offence, whether the accused is indeed guilty or entitled to the presumption of innocence, how the crime was committed, when and where it was committed and what evidence is there that proves or disproves the criminal allegations.
We now live in a modern era of complex crime and criminal activity, technological and sophisticated. In such a situation, testimonial evidence before the courts is inadequate as it may be prejudicia,l and circumstantial evidence may be manipulated or coerced.
Today, forensic science and scientific investigation are the main forces in preventing miscarriages of justice; the courts are provided with evidence established by scientific methods, such as genetic identification by DNA profiling, fingerprint analysis, forensic toxicology examination and forensic ballistic examination.
The paper deals with the role of forensic science in ensuring correct and accurate investigation and proper administration of justice. Forensic science therefore promotes fairness in criminal justice and helps to identify offenders and protect innocent people from wrongful conviction, prevent breaches, protect the integrity of the chain of custody and provide scientific evidence. It saves the time of the courts, promotes justice and maintains the confidence of the public in the system of delivery of justice.
To the Point
Procedural fairness is one of the basic pillars of the criminal justice system. The use of forensic science is strengthening of the principles of procedural justice, judicial impartiality, equal protection of laws, and fair administration of justice. The guilty should be punished and the innocent protected. Justice has to be done. Forensics is the use of scientific processes to provide trustworthy evidence to the court.
The law of evidence i.e. the Bhartiya Sakshya Adhiniyam lays down that opinions of experts are legally admissible before the court though they are not binding on the court as they only help the court in arriving at a decision on matters. Section 39 of the Act reads: Forensic science to be used in investigation of a crime punishable with imprisonment of not less than seven years under Section 176 (3) of Bhartiya Nagarik Suraksha Sanhita.
When used correctly, forensic technology can help reduce investigative errors and wrongful convictions, protect the rights of innocent people and help reduce miscarriages of justice. DNA fingerprinting, fingerprint analysis, forensic toxicology and digital forensics can produce scientifically validated proof to the court of law for the correct determination of facts.
Today’s crimes have become more complex and criminals more sophisticated. Cyber crime and financial fraud are on the rise . Forensic science plays a critical role in safeguarding public confidence in the justice system. Forensic science is the link between science and law. Thus forensic science is an important tool for administration of criminal justice to be just, right and speedy.
The Proof
The term forensic comes from the Latin word forensis, meaning “belonging to the forum.” In Ancient Rome the forum was the public courts and assemblies where legal disputes were argued and decided . The term eventually came to mean the application of science to legal problems. Forensic Science of 21st century has bridged the gap between scientific inquiry and legal systems and is applied not only in criminal investigations but also in medico-legal autopsies, mass-disaster victim identification, reconstruction of events, criminal profiling, maintenance of the integrity of the chain of custody etc.
The origins of forensic science date back to ancient civilizations. Hsi Duan Yu (translated as ‘The Washing Away of Wrongs’) was one of the oldest books ever written on forensics. The author Song Ci was a Chinese medical doctor and legal expert. This popular book also tells how flies were attracted to traces of blood and how this helped in murder investigations, showing that forensic entomology was being used even then.
The origins of forensic science in India can also be traced back to the ancient civilizations. The principles of forensic science were informal, but its application can be traced back to the ancient judicial system. Kautilya’s Arthashastra references the need for autopsies to determine cause of death. Sushruta Samhita (c. 200–300 CE), one of the principal texts of Ayurveda, classified different types of wounds and the weapons that inflicted them (blunt, sharp, pointed, etc). Symptoms of poisoning are described in Charaka Samhita and Arthashastra.
The discovery of DNA fingerprinting by Sir Alec Jeffreys in 1984 was one of the most important advances in modern forensic science. DNA profiling is among the most accurate ways of identifying individuals, criminals or victims. It’s also used to identify people who die in mass disasters like plane crashes. Here, relatives give DNA samples which are compared with the remains of the dead. The procedure is also used to reduce the number of suspects in criminal investigations. DNA evidence has become the gold standard in forensic identification and has played a prominent role in a large number of criminal trials.
Dr. Edmond Locard, a French criminologist in the early 20th century, gave us one of the cornerstones of modern forensic science. The principle is that all contact leaves a trace. There is always an exchange between the criminal and the crime scene when a criminal commits a crime. The criminal may leave fingerprints at the scene of the crime and may also carry away with them fibres from a rug or other materials at the scene.
Forensic science covers a number of specialized areas of study.
Forensic Biology and DNA Analysis : This includes the examination of biological samples like blood, semen, saliva and other biological materials. This method has been very effective in finding criminals, paternity disputes and missing persons.
Forensic Medicine and Medico-Legal Examination : It is the application of medical knowledge for the solution of legal problems. Medico-legal examinations look at injuries, assaults, sexual offences and suspicious deaths. It also helps in identifying whether injuries are ante-mortem or post-mortem. Such examination is of great importance in cases of custodial death, dowry death, homicidal death, suspicious death.
Forensic Toxicology: It deals with the study of drugs, alcohol and poisons in the body. Toxicology reports are important evidence in cases of poisoning, drug abuse, and unexplained deaths.
Forensic Anthropology is a branch of forensic science used to identify decomposed human remains or remains that are burned bad enough to not be identified using conventional methods.
Ballistics and Weapon Identification: The examination of bullets, guns and cartridge cases. It is used to identify the weapon used in a crime and to reconstruct shooting incidents. It is a vital and valuable evidence in homicide investigations.
Forensic Psychology – It deals with the relationship between human and criminal behavior. This will help you know how the criminal thinks and how they act . It also gives insight into the way criminals operate. The phrase modus operandi means the pattern or method of operation, or the particular way an offender commits a crime.
Forensic science is a tool to enhance the fairness and accuracy of the criminal justice system. The criminal justice system should punish the guilty but also protect the innocent from being wrongfully convicted. In addition, the judiciary has interpreted Article 21 of the Indian Constitution as including the right to a fair trial, to protection against wrongful convictions and to provide speedy justice.
Article 14 of the Constitution of India guarantees equality before the law and equal protection of the law to every person and no person shall be denied justice on the ground of prejudice or status and the courts shall decide cases on the basis of objective evidence. Article 20(3) guarantees the right not to be compelled to be a witness against oneself and provides that investigatory techniques, including the polygraph test, mind mapping test or other forensic techniques, shall be used in accordance with the constitutional protections against self-incrimination. So we can say forensic science is one of the most important pillars of criminal justice.
Forensic evidence is based on science, objective analysis, not human memory, assumptions or subjective opinions. Eyewitness testimony can be affected by stress, coercion, or distortion or bias. Forensic evidence, on the other hand, is a very reliable and accurate way of determining guilt.
Forensic science aids the court in identifying the real offender and reconstructing the crime. The application of scientific methods helps to eliminate the risk of investigative error and improve the quality of judicial decision-making. It also provides fairness through the chain of custody. Proper collection, preservation and documentation is ensured during transfer of evidence to maintain the integrity of evidence. Any break in the chain of custody can cause doubts about the authenticity of the evidence and undermine public confidence in the legal system.
Challenges
India has specialised bodies like Central Forensic Science Laboratories (CFSLs), State Forensic Science Laboratories (SFSLs) and District Forensic Science Laboratories (DFSLs) to take care of various kinds of evidence but the country still has several hurdles. There is not enough modern equipment, forensic labs, trained experts. These problems lead to delays in the production of evidence to the courts, and hence long and protracted trials.
It is leaving millions of criminal cases in limbo due to delays and backlogs in forensic reports. The investigations are hampered by a lack of trained experts who have the proper knowledge of handling evidence and by inadequate equipment. It is thus important to develop these capacities to deliver justice expeditiously and to ensure public confidence.
Case Laws
1. Mukesh & Anr. v. State (NCT of Delhi) – Nirbhaya Case, 2017.
Anatomical findings of the bite marks found on the body of the victim were matching with the suspects Ram Singh and Akshay. Other forensic methods were also employed, including forensic pathology, fingerprint analysis and advanced DNA profiling. The main basis for proving the guilt of the accused in this case was forensic science.
2. Vishal Yadav v. State of U.P. (2014 SCC OnLine Del 1373)
In this case, advanced DNA profiling was done to identify the victim as the victim’s body was burnt widely by criminals to destroy evidence. Forensics helped identify the victim here, as well as convict the offender.
FAQs
What is Forensic science?
Forensic Science is use of science to solve legal issues. It is used in the process of criminal investigation to assist investigators and courts to find out the truth by analyzing physical, biological, digital and documentary evidence through various methods like DNA analysis, toxicology, digital forensics, etc.
Can forensic evidence be used in Indian courts?
Yes. Section 39 of Bhartiya Sakshya Adhiniyam talks about admissibility of scientific evidence and expert opinions in courts. But they are corroborative, and often have to be supported by other evidence, such as the evidence of a witness, before a conviction can be secured.
What is Chain of Custody?
Chain of custody is the process of collecting, preserving, handling, transferring, storing and documenting evidence. If the link is broken , the evidence might not be accepted by the court . Maintaining the chain of custody helps maintain the integrity of the evidence and admissibility in the court and helps maintain the public confidence in the judiciary.
Conclusion
Forensic science has applied modern scientific methods to the traditional processes of criminal investigation and has ensured accuracy, fairness and accountability in the administration of justice. The courts have at their disposal sophisticated techniques such as DNA profiling, toxicology and medico-legal autopsies that can provide reliable evidence that does not rely on fallible human memory or prejudiced assumptions. It punishes criminals, protects victims and protects the rights of innocent people. It ensures that no one is treated unfairly, and that the public confidence in the administration of justice is maintained.
