Evidentiary Implications of Forensic Anthropological Analysis: Intersecting Science and Law in the Indian Criminal Justice System

  • Soumya Kandwal and Dr. Poonam Rawat
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  • Soumya Kandwal

    Student at Law College Dehradun, Uttaranchal University, Dehradun, (Uttarakhand), India

  • Dr. Poonam Rawat

    Principal at Law College Dehradun, Uttaranchal University, Dehradun, (Uttarakhand), India

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This paper delves into the confluence of criminal jurisprudence and science. Despite successive amendments to the Code of Criminal Procedure and evidentiary rules, the regulatory framework has lagged behind the rapid advancements in scientific and technological domains since the latter half of the 20th century, encompassing disciplines such as fingerprint analysis and DNA profiling. The scientific discourse herein originates from the field of archaeology, which, through its evolution into anthropology, has engendered Forensic Anthropology. The utility of Forensic Anthropology transcends scenarios of mass calamities or clandestine interments, extending its significance to investigations concerning missing persons, abductions, and homicides. Fundamentally, every criminal offense entails the components of a victim, mens rea, actus reus, and a perpetrator. Forensic Anthropology facilitates victim identification and elucidates the nature of inflicted injuries, there by elucidating the elements of actus reus and mens rea. Considered akin to other expert testimonies, Forensic Anthropology stands as a viable tool in culminating criminal inquiries. Despite being sparingly employed in our jurisdiction, its efficacy is bolstered by the meticulous scrutiny of biological indicators, yielding a negligible margin of error. Acknowledging its fallibility and inherent limitations, this exposition seeks to broaden the horizons od readers to the potential integration of Forensic Anthropology within criminal investigations.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 1022 - 1031

DOI: https://doij.org/10.10000/IJLMH.117588

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