LL.M. student at School of Law, Lingaya’s Vidyapeeth University, India
Senior Professor & Head of Department at School of Law, Lingaya’s Vidyapeeth University, India
Assistant Professor at School of Law, Lingaya’s Vidyapeeth University, India
This paper examines the multifaceted role of forensic psychology within the Indian criminal justice system, identifying its potential, challenges, and areas for growth. The objectives of this research are to explore the admissibility of psychological evidence, the ethical considerations surrounding its application, and its influence on judicial outcomes within the Indian context. The methodology employed in this paper is primarily doctrinal, involving an analysis of existing legal frameworks such as The Bharatiya Sakshya Adhiniyam, landmark Supreme Court and High Court judgments. The paper also draws upon secondary sources, including journal articles and reports, to provide a comprehensive overview of the field. Key findings reveal that while Indian courts are showing increasing receptivity to psychological evidence under expert testimony provisions, the absence of formalized admissibility criteria, unlike the Daubert standard or Frye test, leads to unpredictability. The ethical landscape is complex, with significant concerns surrounding consent, coercion, confidentiality, privacy, potential for bias, and the reliability of certain techniques like narco-analysis. The influence of forensic psychology on judicial outcomes is currently limited by systemic barriers including a shortage of trained professionals, resource constraints, lack of judicial training in interpreting psychological evidence, and the need for greater public and judicial trust. The paper suggests a multi-pronged approach involving policy reforms to establish clear legal and ethical frameworks, increased investment in infrastructure and training for both psychologists and legal professionals, and public awareness campaigns to build trust in the field. A key loophole identified is the lack of standardized protocols and regulatory frameworks governing the application of forensic psychology in India, making its implementation inconsistent and potentially vulnerable to misuse. The paper concludes by emphasizing the promise of forensic psychology in modernizing the Indian criminal justice system, contingent upon addressing these existing limitations.
Research Paper
International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 4191 - 4200
DOI: https://doij.org/10.10000/IJLMH.119518This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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