INTRODUCTION
The number of crimes in the high-tech environment of today is rising. In an effort to combat the concerning increase in crime rates, laws are constantly being added to and amended. The methods used by criminals are evolving quickly, thus it’s important to improve current investigative techniques to stay ahead of the game. These efforts could be very helpful during court cases. The criminal case process consists of several phases, including filing a formal complaint, conducting a police investigation, going to court, and receiving a verdict.1The criminal justice system in India is built on an adversarial system, where the prosecution bears all responsibility and the court becomes more interested in gathering evidence than in forensic procedures. Thus scientific evidence become an important source in collecting evidences in a trial. These are among the many sorts of evidence that play a major role on all of these platforms. Considerable scientific progress has been made in the field of forensic sciences in the past few years, including DNA typing, databases of physical evidence, and new scientific equipment. However, more research is required to determine the exact impact and role of these advancements in the criminal justice system. It would be difficult for justice to be attained without the use of science in the legal system given the current scientific environment, where even the conditions for committing crimes have changed from the conventional way of doing so.2
To establish the offense and degree of criminal behavior, forensic evidence is required thus numerous methods for analysing the evidence are offered by forensic science.These precise methods can identify personal information like in rape cases, serological testing is a highly effective method of identifying the perpetrators. Therefore scientific evidence is crucial because it provides information with a scientific foundation by examining the circumstantial evidence found at the crime scene. Scientific knowledge has advanced significantly, and devices are now being used to gather circumstantial evidence to support prosecutions As a result, criminal investigations have become one of the most challenging areas of law enforcement, requiring highly skilled professionals with the know-how and skills to build a case that can be successfully prosecuted. In the criminal justice system as a whole, the foundation of a fair trial depends on a fair investigation, which depends on a fair, efficient, and just procedure in its arts of investigating officers3.
With time, scientific evidence has grown and is now an essential part of criminal investigations. The rapid progress of scientific procedures in criminal investigation is a persistent barrier to our understanding of the law. On other side, the use of cutting-edge scientific methods expedites the efficient handling of specific cases in court and raises the standard and reliability of scientific evidence. The breadth and importance of scientific discoveries have increased during the year. Prioritizing scientific research is essential for enhancing the investigating procedure. As scientific methods were used to criminal investigations over time, forensic science became an acknowledged academic field. The modern era is unquestionably one of science and technology, with new research being conducted in every sector. It is impressive how quickly the world has progressed. The use of highly advanced technologies has provided investigating officers with precise and effective tools for investigating a variety of scientific fields. These tools include deception detection tests to extract the truth during interrogation, handwriting analysis, forged document analysis, testing biological samples through DNA fingerprinting technology, trace evidence, ballistics, electronic evidence etc4
The inclusion of these tools in Indian legal system has improved the credibility, transparency and strength of evidences which in return ensure better access justice to parties, faster trials and in giving proper verdict.
Meaning of Forensic Science
The word “forensic” comes from Latin term, meaning “related to a forum or public place.” It originated in ancient Rome, where criminal cases were argued in public forums. The accused and the accuser would each present their side, and the outcome depended on who made the best argument. This is where we get the modern uses of “forensic” – as legal evidence and as a form of public presentation.Today, “forensics” is often used interchangeably with “forensic science.” The word “science” comes from Latin for ‘knowledge’ and refers to the systematic way of gaining knowledge. So, forensic science means using scientific methods and processes to solve crimes5.
Meaning of Scientific Evidence
The evidence used in court that comes from experiments or research conducted by scientists is known as scientific evidence. It functions to bolster or refute a scientific idea or conjecture. Tests, analyses, research, studies, or other evidence based on the knowledge of experts in the field that has been carried out and assessed objectively by individuals qualified to do so, using protocols widely accepted in the profession to produce accurate and reliable results, constitutes competent and reliable scientific evidence.Scientific evidence in law refers to evidence that is based on scientific methods or understanding. Scientific evidence makes up the majority of forensic evidence, including genetic evidence.6
SIGNIFICANCE OF FORENSIC SCIENCE IN CRIMINAL JUSTICE SYSTEM
Forensic science plays a crucial role in the criminal justice system by providing scientific analysis and evidence that can be pivotal in solving crimes and ensuring justice. Its significance includes:
1. Evidence Collection and Analysis: Forensic scientists analyze physical evidence (e.g., DNA, fingerprints, blood samples) to help link suspects to crimes, confirm or exclude suspects, and establish timelines.
2. Objective Findings: Forensic science offers unbiased, scientific data that can be critical in court. This helps to ensure that decisions are based on empirical evidence rather than assumptions or biases.
3. Crime Scene Investigation: Proper forensic techniques are used to collect and preserve evidence from crime scenes, which is essential for building a solid case.
4. Expert Testimony: Forensic scientists often provide expert testimony in court, explaining the significance of evidence and how it supports or refutes various components of the case.
5. Exoneration of Innocent Individuals: Forensic evidence can be instrumental in exonerating individuals wrongfully convicted, particularly with advancements in DNA testing.
6. Deterrence and Prevention: The usage of forensic science in investigations can act as a deterrent to potential criminals, knowing that advanced techniques are used to solve crimes.
Overall, forensic science enhances the accuracy and reliability of the criminal justice system, ensuring that justice is served through scientifically validated methods7.
STATUTORY PROVISIONS GOVERNING FORENSIC SCIENCE IN INDIA
A. The Indian Evidence Act,
i) Section 3 of Indian Evidence Act 1872, Evidence means and includes
(i) Any remarks that a judge permits a witness to make in relation to a fact that is being looked into; these are known as oral evidence.
(ii) Documents submitted to the court for review, including electronic records; these are referred to as documentary evidence.
Thus, the phrase “evidence” encompasses both technology records and the spoken testimonies of witnesses.8
ii) Section 45 : this section empowers the court to call for expert opinions on subject matters related to art, science, literature, forensic,ballistics, toxicology,fingerprint, DNA etc these opinions are merely corroborative in nature and has less probative value in comparison to direct evidences.9
iii) Section 73: Comparison of signature, writing or seal with others admitted or proved:
To determine if a signature, writing, or seal is authentic, the court can compare it with other signatures, writings, or seals that are known to be genuine. These known examples don’t have to be shown for any other reason, just for comparison. The court can also ask someone present to write down words or numbers so that their handwriting can be compared to the disputed one. This process can also be used to compare fingerprints, with adjustments as needed.10
B. Criminal Procedure Code, 1973
i) Section 53: A police officer may request that a medical professional examine an accused person under section 53 of the Criminal Procedure Code. The act specifies that:
1) A Registered Medical Practitioner may, upon a police officer’s request, examine an individual who has been arrested on suspicion of committing a crime if there are good reasons to believe that the individual’s examination will reveal evidence of his involvement in the crime; and
2) A female medical professional may only conduct or supervise an examination of a female patient.
(a) “Examination” shall entail the use of advanced, scientific techniques to evaluate blood, stains from blood transfusions, sputum, hair samples, sweat, and fingernail clippings in cases of sexual offenses. DNA profiling and other tests that the Registered Practitioner thinks appropriate in a particular situation may be ordered.11
Now after the passage of the BNSS,2023 section 53 has been replaced by section 51of BNSS, and as such there are no changes in the provisions of section 53 of CrPC under new law. however the new act defines the provision with respect to “examination of accused by medical practitioner at the request of police officer.”
ii) SECTION 53A: A medical professional examines a person who is charged with rape. It allows you to:
(1) Conduct an examination of a suspect who has been arrested on suspicion of rape or rape attempt if there are good reasons to believe that the suspect’s physical examination will reveal information about the commission of the offence; in this case, a registered medical practitioner working for a government-run hospital or a local authority may legally do so, or the police may legally do so in their place.12 The following details must be included in the report that a registered physician conducting the examination must write:
• The accused name and address;
• The accused’s age; and
• The name and address of the person who brought him. The examination must be completed promptly.
• Any physical signs of harm on the accused.
• An explanation of the DNA profiling data taken from the accused’s body
• An accurate depiction of any other crucial information.
(2) All conclusions drawn in the report must be backed up by specific evidence;
(3) The report has to specify the precise beginning and ending periods of the investigation.
(4) This report is part of the documentation mentioned in clause (a) of sub-section 5 of Section 173, and the investigating officer is required to deliver it to the magistrate.13Now after the passage of the BNSS,2023 section 53A has been replaced by section 52 of BNSS ,and as such there are no changes in the provisions of section 53A of CrPc under new law.
iii) Section 54 of the CrPC also emphasizes the provisions for bodily inspection, which allow a medical professional to examine an arrested person upon the individual’s request.When someone is arrested, they must be examined by a government doctor or a registered doctor soon after the arrest. If the doctor thinks it’s necessary, they can examine the person again. If the arrested person is a woman, her examination must be done by a female doctor or under the supervision of a female doctor, or by a female registered doctor if a female doctor is not available.
1. The doctor or registered medical practitioner who examines the arrested person must create a report. This report should mention any injuries or signs of violence on the person, and approximately when these injuries may have happened.
2. When such an examination is done, a copy of the report must be given to the arrested person or someone chosen by them.14
A 2005 amendment supports, defends, and affirms the validity of scientific testing. Section 53 gives the investigating agencies the authority to use an effective, scientific inquiry technique. Now after the passage of the BNSS,2023 section 54 has been replaced by section 53 of BNSS,and as such there are no changes in the provisions of section 53 of CrPc under new law.
IMPLICATION ON FORENSIC SCIENCE AND OBSTACLES FACED BY FORENSIC SCIENCE IN INDIA
In the criminal justice system, forensic science is essential to the investigation of crimes, the identification of offenders, and in providing justice. However, forensic science faces number of consequences and challenges in India, as well as in many other nations:
1. Limitations on Resources: The absence of sufficient financing, infrastructure, and skilled workers is one of the main problems. In India, there is paucity of qualified forensic specialists and obsolete equipment in many forensic laboratories.
2. Backlogs and Delayed Justice: There are substantial backlogs in the processing of forensic evidence as a result of the forensic laboratories’ limited capacity and the heavy volume of cases they handle. This causes trials and investigations to drag out, which frequently delays the delivery of justice to the accused and victims.
3. Quality Standards: Upholding forensic analysis quality standards is essential to guaranteeing the validity and admissibility of evidence in court. On the other hand, questions have been raised concerning the reliability and correctness of forensic tests and investigations in India.
4. Education and Training: India is experiencing a scarcity of trained forensic technicians and scientists. To fill this need and guarantee a trained labour force, forensic science-focused training initiatives and academic establishments must be reinforced.
5. Admissibility of Evidence: The admissibility of these evidence in Indian courts is beset with difficulties, notwithstanding the progress made in forensic science. There should be clear principles and regulations for the admission of forensic evidence because there are differing legal criteria for this.
6. Interagency Coordination: Forensic evidence processing to be completed quickly and effectively depends on effective cooperation and coordination between law enforcement, forensic labs, and the courts. On the other hand, communication problems and administrative roadblocks may prevent this cooperation.
7. Technological Advancements: Forensic science in India faces a great deal of difficulty in keeping up with the quickly advancing technologies. It takes money and training to adopt new technology and processes, which aren’t always easily accessible.
8. Public Awareness: The powers and constraints of forensic science are frequently not well known by members of the general public, law enforcement officers, and legal professionals. The use and acceptability of forensic evidence in investigations and legal procedures can be enhanced by raising knowledge and comprehension.15
ROLE OF FORENSIC IN JUSTICE DELIVERY THROUGH VARIOUS JUDICIAL PRONOUNCEMENTS
1. Mukesh and Others v. State (NCT of Delhi)16
The 2012 gang rape case popularly known as Nirbhaya case. In this case supreme court heavily relied on number of forensic evidence like DNA , Blood Stains, odontology, Fingerprints etc as the case lack independent eye witnesses. The supreme court upheld Death penalty of all accused by corroborating all forensic evidence with other evidences.
2. Santosh Kumar Singh v. State through CBI17
The case is popularly known as Priyadarshini Mattoo Case. In this case a law student named priyadarshini was raped and murdered by accused but due to lack of evidences trial court acquitted the accused. Latter on Supreme Court gave death penalty to accused by placing reliance on DNA sample of semen.
3. Sushil Sharma v. State of Delhi ( Tandoor Case)18
In this case Forensic evidence played a supreme role in establishing the guilt of the accused by establishing ballistic reports which disclosed about the 5 cartridge and two were recovered from skull and neck, DNA sample which helped in establishing the identity of deceased. The whole case formed its basis on forensic evidences.
SUGGESTIONS
• Over the past several decades, forensic science has significantly advanced in complexity and importance, placing greater demands on law enforcement agencies. However, there have been instances where law enforcement’s identification, securing, and handling of critical forensic evidence have been questioned and criticized. To address this, it is crucial for law enforcement personnel to have a extensive understanding of forensic science and criminal evidence.
• Establishing a proper national or state regulatory body to set rules for fingerprint evidence is essential. Investigating agencies, such as the police, should adhere to these guidelines to ensure competency in collecting, handling, and testing such evidence.
• Training in forensic science should not be restricted to investigating agencies but should extend to judges and lawyers to mitigate scientific ignorance. Fingerprint evidence has been instrumental in solving numerous criminal cases and is fundamental to India’s criminal justice system.
• To ensure impartiality, forensic laboratories should operate independently of any department and be adequately equipped with infrastructure and trained scientists. Government initiatives should promote forensic science awareness and its importance in the justice system.
• There must be enough investigative personnel in the Special investigative Agencies. The National Investigation Agency (NLA), an additional special investigative agency of India established subsequent to the terrorist attack on September 26, 2011, handles matters pertaining to terrorism, drugs, and counterfeit money. They have also been looking into Maoist-related incidents lately. The agency’s supervisor, the home ministry, has instructed it to “recruit investigators instead of poaching from agencies such as the Intelligence Bureau and the CBI.”
• An expert witness may provide the court with both factual and subjective testimony under the law. The judge in a court of law has the power to determine whether or not any evidence is pertinent to the case. Though there is significant variance in customs and behavior, it is mostly motivated by case law in several countries, where “landmark rulings” from appeals courts elucidate legal issues that subsequently influence cases that follow.
CONCLUSION
Forensic evidence/science has become an important part of the Indian Criminal Justice System. It has improved the accuracy, credibility and reliability of criminal investigations and court trials by introducing scientific methods such as DNA analysis, forensic medicine, toxicology, ballistics, fingerprint examination, and digital forensics. The use of these scientific tools has reduced excessive dependence on confessions and eyewitness accounts, which are often unreliable due to pressure, mistakes, or manipulation. In this way, forensic science supports fairness in trials and helps courts reach the truth, in line with constitutional principles of due process and fair trial.
The legal basis for the use of forensic evidence in India is provided by the Indian Evidence Act, 1872, particularly through provisions dealing with expert and scientific evidence under Sections 45 and 45A. Courts in India have recognized the prominence of forensic evidence and have relied on it when it is collected, preserved, and analyzed properly. At the same time, the judiciary has been careful not to treat forensic evidence as absolute proof and has emphasized that it should be considered along with other forms of evidence. This approach shows a practical understanding of both the usefulness and the limitations of scientific evidence.
However, despite its increasing role, the use of forensic evidence in India faces many practical problems. Delays in forensic laboratory reports, shortage of skilled forensic experts, poor infrastructure, lack of laboratory accreditation, and improper handling of evidence weaken the value of forensic science. These problems often lead to long delays in trials, weaker prosecution cases, and sometimes wrongful outcomes. Such delays are especially serious because they affect the constitutional right to a speedy trial and contribute to the growing number of undertrial prisoners.
Another major issue is the limited understanding of forensic evidence among investigating officers, prosecutors, and even judges. The lack of uniform procedures and inadequate training can lead to incorrect interpretation of scientific reports or excessive reliance on weak expert opinions. Moreover, the growing use of advanced forensic techniques, including DNA databases and digital monitoring, raises concerns about privacy, consent, and protection of personal data. Without proper legal safeguards and regulation, there is a risk of misuse of forensic information, which may harm individual rights.
The expansion of digital and electronic forensic evidence has further changed the nature of criminal investigations, especially in cases related to cybercrime, terrorism, and economic offences. Although the law now recognizes electronic evidence, challenges remain regarding its authenticity, proper certification, and technical handling. These issues highlight the need for legal and procedural reforms that can effectively address technological developments.
In conclusion, forensic evidence has great potential to strengthen the delivery of justice in India, but its effectiveness depends on strong institutions, clear procedures, and careful judicial assessment. Improving forensic infrastructure, accrediting laboratories, training investigators and legal professionals, and creating clear legal standards are necessary steps to ensure the proper use of forensic science. A fair, transparent, and rights-based forensic system can increase public trust in the criminal justice process and help prevent wrongful convictions. Therefore, the future of forensic evidence in India depends not only on scientific progress but also on its ethical, responsible, and constitutionally sound application.
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Footnotes
1. Abhinav Pandey, “Role of Forensic Evidence in Criminal Justice Delivery System in India” available at: https://www.legalserviceindia.com/legal/article-10415-role-of-forensic-evidence-in-criminal-justice-delivery-system-in-india.html (visited on May 2,2024)
2. B. S. Nabar, Forensic Science in Crime Investigation 1 (Asia Law House, Hyderabad, 3rd edn., 2002).
3. M. K. Sahu, “Importance of Expert Opinion in Criminal Justice System in India with Special Reference to Determination of Paternity: A Legal Analysis” 9 Indian Journal of Law and Justice 32-40 (2018).
4. Adhikary J (2007) DNA technology in administration of justice. Lexis Nexis Butterworths (A Division of Reed Elsevier India Pvt Ltd), New Delhi India
5. Ishita Chatterjee, Law of Forensic Science (central law publication,Allahabad,1st edn.,2015).
6. Jain Shashak, Scientific Evidence and Opinion of expert – A study into concept, Rules of Admission and the Indian, America and English Conception, Similarities and distinctive factors”112[7] CLJ 209 [2006]
7. Marvin D’Souza and R. P. Kataria, “Forensic Science in Criminal Trial and Investigation” 1008 (Orient Publishing Company, 1st edn., 2016).
8. Indian Evidence Act, Sec. 3
9. Indian Evidence Act, 1872 (Act 1 of 1872), S. 73
10. Indian Evidence Act,1872 (Act 1 of 1872), S. 45
11. The code of criminal procedure,1974 (Act 2 of 1974) s.53
12. Sarita Jand, Forensic Science and Law, (New Era Law Publication, Haryana 2nd edition 2019).
13. The code of criminal procedure,1974 (Act 2 of 1974) s.53A
14. The code of criminal procedure,1974 (Act 2 of 1974) s.54
15. R.M. Carew and D. Errickson, “An Overview of 3D Printing in Forensic Science: The Tangible Third‐Dimension” 65(5) Journal of Forensic Sciences1752-1760 (2020).
16. AIR 2017 SC 2161
17. (2010) 9 SCC 747
18. (2014) 4 SCC317