Emerging Principles of Forensic Evidence: A Comparative Analysis of Indian and U.S. Laws

This article consists a critical assessment of the ways in which the United States has adopted new policies to address forensic and digital evidence through the lens of both nations respective criminal justice frameworks. Additionally, the article provides an overview of how India's evolving law governing evidence are transitioning from the Indian Evidence Act 1872 to the Bharatiya Sakshya Adhiniyam of 2023, with increasing acceptance of electronic/digital and forensic forms of evidence. Also, this article provides a comparative analysis of the methods in which the US Federal Rules of Evidence allow for flexibility in terms of the exercise of judicial discretion, scientific reliability, and the admission of expert witness evidence. This article opines that total uniformity of legal systems is not only unachievable but also undesirable; nevertheless, a harmonized framework built upon common principles of fairness, reliability, and respect for human rights is a must in a globalized legal environment. The article ends with the view that judge's interpretation, new laws, and international agreements play a key role in the creation of a modern evidentiary system that can quickly adapt to scientific and technological progress but still uphold the principle of due process.