Table of Contents

INTRODUCTION...........................................................................................................................1

STATEMENT OF THE PROBLEM...............................................................................................2

RESEARCH QUESTIONS.............................................................................................................3

RESEARCH METHODOLOGY....................................................................................................3

FORENSIC SCIENCE....................................................................................................................3

ROLE OF FORENSIC SCIENCE IN CRIME INVESTIGATION................................................4

LEGAL PROVISIONS SUPPORTING CRIMINAL INVESTIGATION.....................................5

RESTRICTIVE USE OF FORENSIC EVIDENCE IN LEGAL SCENARIO...............................8

CONSTRAINTS FACED BY ALLIED SUBSIDIARIES..............................................................9

LATEST JUDICIAL PRONOUNCEMENTS..............................................................................10

CONCLUSION..............................................................................................................................12
INTRODUCTION

The Latin term "forenses," which implies a forum, is where the word "forensic" first appeared. A
forum in ancient Rome refers to a common area where trials and discussions took place. As a
result, the term "forensic science" and its definition both indicate that it is closely related to the
judicial system. The gathering, preservation, and examination of evidence that can be used to
convict a criminal in court are all tasks that fall under the purview of forensic science. So, it is
clear that forensic science is used in the criminal justice system.

The use of forensic evidence in the criminal justice system is widely acknowledged. This is
because there is little room for bias or injustice when scientific approaches and methods are
applied. In courts all across the world, DNA profiling and a variety of other forensic evidence are
frequently accepted for this reason. It's interesting to note that the Chinese invented the first
forensic method to identify fingerprints and palm prints (650 A.D.). Worldwide, forensic
evidence is frequently utilised to both convict and clear criminals. As a result, forensic science
laboratories have proliferated during the past few decades. In fact, to enhance the provision of
forensic services, special acts have been passed in the US, Canada, and Australia. This would
guarantee that crimes are discovered with more confidence, increasing the likelihood of
conviction. Such actions emphasise the importance of managing the crime scene in an effective
and timely manner.

The criminal justice system is made up of a particular division or a collection of procedures,

organisations, and institutions that aim to preserve or repair the social control system. Moreover,
it can be described as "the systematic or organised ways in which society reacts to particular
behaviours and individuals that it deems abnormal, disturbing, intimidating, difficult, and
unwanted." The police, the prosecution, the courts, and the prisons are primarily responsible for
managing the criminal justice system. These four organs play a significant role in society's
deterrent, acceptance, prosecution, adjudication, and penalization or punishment of offenders. An
effective criminal justice system ensures safety and harmony in society. In actuality, an efficient
and successful criminal justice system is essential to an organised society's survival.
When referring to the actors in the criminal justice system, the Magistrates and courts play a
crucial role because they are solely responsible for evaluating the guilt or innocence of the
alleged criminals and the severity of their sentence. The complex procedure used by courts to
determine an offender's guilt involves evaluating the facts and the evidence as well as creating
the charge that is intended to be proven. They are assisted in the commission by the police, a
dedicated investigating body. The latter are tasked with the crucial responsibility of uncovering
and looking into crimes in order to catch the accused criminals and prosecute them. Any probe
should be backed up by facts. Truth can only be established in a court of law when it has solid
and reliable supporting evidence.

The application of technology to criminal investigations over the past few decades has
significantly advanced the field of criminal justice. To identify the alleged offender, reconstruct
the crime scene, and establish crucial links, police use scientific tools and techniques. On the
other hand, courts consider these physical evidences, which are otherwise infallible, and make
decisions about the offender's guilt or innocence with greater accuracy.

The degree to which technology instruments are used in criminal investigations has somehow
come to be linked to the effectiveness and efficiency of the criminal justice system's operation.

STATEMENT OF THE PROBLEM

Forensic science is a profession that operates within the confines of the legal system and can
make a significant contribution to advancing justice in criminal investigations and other serious
transgressions. Its goal is to guide people conducting criminal investigations by recognizing and
recovering evidence at crime scenes, as well as providing reliable information on which they
may rely in settling criminal and civil issues. Homicide, rapes, accidents, unreported bodies,
misplaced persons, and cases of fraud and forgeries are all crimes. In India, statements and
witnesses are utilised as evidence, and those who are found to be guilty are prosecuted. As a
result, forensic science services may be the most important crime-fighting tool for law
enforcement. Yet, despite enormous technological advancements in the scientific period over the
previous few decades, the role of forensic science in Indian criminal justice administration
remains at a very basic or prohibitory level.
RESEARCH QUESTIONS

 Why is the role of forensic science in the administration of criminal justice in India still at
a basic or prohibitive level?

RESEARCH METHODOLOGY

The research approach used to arrive at the findings below is doctrinal methodology. The
researcher found it convenient to perform doctrinal investigation in accordance with the limits.
The other restrictions made it challenging to undertake empirical study. For this study, secondary
data were used. Books, articles, newspaper clippings, journals, websites, cases, etc. are some
examples of secondary sources. Also, the internet and other web-based resources played a
significant role in the successful conclusion of this investigation into the particular case.

FORENSIC SCIENCE

According to its definition, forensic science is "the application of science to those criminal and
civil laws which are enforced by the police agencies in a criminal justice system." The field of
forensic science deals with the application of scientific knowledge and technique to legal issues.
Many fields, including biology, forensic chemistry, computer science, engineering, medicine,
physics, and DNA profiling are used in the examination of evidence. For instance, biology aids
in establishing the background of an anonymous suspect, physics is utilised to identify the
blueprint of a blood scatter, and chemistry aids in determining the chemical make-up of various
substances. As a result, the role of forensic science in criminal justice and the legal system is
frequently undervalued and of the utmost importance.

The concept of forensic science was not novel in ancient India because legal constraints were
frequently applied to medical doctrine. One of the earliest proponents of using fingerprints to
identify criminal offenders was Sir William Herschel. In the 1890s in Argentina and in 1902 in
England, courts began to accept fingerprint evidence. Furthermore, the parameters of the Indian
judicial system are followed by the discipline of forensic evidence. Its purpose is to give
guidance to those conducting criminal investigations and to give magistrates and judges accurate
information they can fully rely on when making decisions on criminal and civil disputes. The
resolution of both criminal and civil matters is aided by this1.

Also, forensic science is an integration of nearly all knowledge-based skills, a vital and effective
tool that enables the administration of justice in many situations, including criminal, civil,
regulatory, and social. It aids in outlining all the scientific methods used to address issues with
legal import. Forensic science is a highly developed scientific method utilised in criminal and
civil investigations nowadays. It can provide critical answers and is a crucial component of the
criminal justice system. It includes all well-known methods like DNA and fingerprint analysis,
ballistics and explosives, guns, culture, etc. It makes it easier to convict criminals and has the
power to pardon the innocent.

ROLE OF FORENSIC SCIENCE IN CRIME INVESTIGATION

One of the key elements of the criminal justice system is forensic science. It mostly involves the
examination of physical and scientific hints acquired at the murder scene. The distinctiveness
(who) of the suspect who committed the crime is explained by forensic science. The evidence
unmistakably identifies the crime's nature (what) committed. The circumstantial evidence also
sheds light on the incident's timing. The crime scene/where of the offence is established by the
forensic evidence. The forensic inquiry also looks at the offender's technique, or "how." comes to
a conclusion regarding the crime's motivation. The forensic investigators imitate the victim's and
the criminal's unique characteristics.2

Evidence is acquired during a criminal investigation from the scene of the crime or from a person
who was an eyewitness to the entire action. The evidence is then examined in a crime lab, and
the results are subsequently presented in court. Every crime scene is unique in its own way, and
every case has its own unique difficulties. The study of physical evidence, the identification of
the perpetrator using unique indicators like fingerprints, footprints, blood or hair samples, cell
phones or other devices, cars, and weapons, are all important functions of forensic science in the
criminal justice system. It links the offender and the victim together through items that he either
1
Justice Jitendra N. Bhatt, A Profile of Forensic Science in Juristic Journey,
<http://www.ebc-India.com/lawyer/articles/2003v8a4.htm> accessed on April 8, 2023
2
Isha Tyagi and Nivedita Grover, Development of Forensic Science and Criminal Prosecution-India, 2 IJSRP Vol.4
(2014)
left at the scene or fled with after the crime. On the other side, the accused's innocence is proven
if the recovered hints do not connect the accused with the victim or the crime scene. So, forensic
science also protects the innocent. The development of DNA technology as a contemporary
approach to forensic science has given investigators a wealth of information that allows them to
identify the offender solely on the basis of scientific evidence that he has left at the scene of the
crime.

LEGAL PROVISIONS SUPPORTING CRIMINAL INVESTIGATION

In India, the use of forensic science in criminal investigations and court proceedings must adhere
to legal restrictions. The main questions therein are:

 How far are these methods approved by any authority and legitimate?
 How helpful are these forensic procedures in solving crimes?
 How could we obtain evidentiary importance from the forensic experts?

According to Article 20(3) of the Indian Constitution, no one accused of a crime may be made to
testify against themselves. The legal assumption that an accused person is innocent until proven
guilty is the foundation of Article 20(3). By shielding him from the likely suffering and torture
he would experience during the investigation and confinement, it defends the accused. Until his
guilt is proven beyond a reasonable doubt, a defendant is presumed innocent under criminal law.
"Everyone charged with a criminal Offense has the right to be assumed innocent unless proven
guilty according to law in a public trial at which he has had all the protections essential for his
defence," reads Article 11 of the Universal Declaration of Human Rights.

In accordance with Article 20(3) of the Indian Constitution, no witness may be coerced into
testifying against himself or another person. The basic right to be free from testimonial coercion
under Article 20 (3) protects those who are accused of crimes from being forced to testify against
themselves. The protection is offered not just with regard to testimony provided during a trial
before a court, but also at an earlier stage. Article 20 (3)'s protection against self-incrimination
only applies when coercion is employed; it does not apply to statements made voluntarily or to
the submission of documents or other materials. This right was established so that a person is not
required to respond to an inquiry or produce a document or other item if doing so may put them
at risk of being found guilty of a crime.

The court has the right to order anyone, even an accused person, to permit the taking of his finger
impressions under Section 733 of the Indian Evidence Act. Additionally, the Supreme Court
ruled that being required to provide fingerprints does not infringe upon the fundamental
protections outlined in Art. 20(3).

Indeed, there are many questions regarding whether or not forensic evidence breaches Article
20(3) of the Indian Constitution. The court determined in The State of Bombay v. Kathi Kalu
Oghad & Others4 that the accused's provision of a thumb impression, samples signature, blood,
hair, semen, etc. does not qualify as "becoming a witness" in the sense of the aforementioned
Article. Hence, the accused does not have the right to raise a concern about DNA testing during
an inquiry or trial.

The Bombay High Court affirmed the legitimacy of the use of P300 or brain fingerprinting, lie
detector tests, and the use of truth serum or narco analysis in another landmark ruling in the case
of Ramchandra Reddy and Others v. State of Maharashtra5. The court upheld a special court
order enabling the SIT to test the suspects in the phoney stamp paper scheme, including the
prime suspect, Abdul Karim Telgi, using scientific methods. The jury's ruling also stated that the
evidence obtained through truth serum is admissible.

In a 2006 ruling known as Dinesh Dalmia v. State 6, the Madras High Court decided that having
an accused person undergo narco-analysis does not constitute forced evidence. The Supreme
Court, however, questioned the legality of the involuntary administration of some scientific
techniques for the purpose of enhancing investigation efforts in criminal cases in a later case,
Selvi & Ors v. State of Karnataka & Anr 7. In the aforementioned case, the Supreme Court
determined that polygraph and brain mapping tests were inconclusive and that it would be
unlawful to require their use in a criminal inquiry.

3
The Indian Evidence Act, 1878 s.73
4
The State of Bombay v. Kathi Kalu Oghad & Others, AIR 1961 SC 1808
5
Ramchandra Reddy and Others v. State of Maharashtra, 2004 All MR (Cri) 1704
6
Dinesh Dalmia v. State, 2006 Cri. L. J 2401
7
Selvi & Ors v. State of Karnataka & Anr, AIR 2010 SC 1974
The Code of Criminal Procedure, 1973 was updated in 2005 to make it easier to collect a variety
of medical information from suspects after their arrest. According to Section 53 of the Criminal
Process Code of 19768, an accused individual may be sent to the hospital after being arrested if
there are "reasonable grounds for thinking" that the examination may reveal evidence of the
crime. In 2005, the scope of this evaluation was increased to include "the examination of blood,
blood-stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples, and
fingernail clippings by the use of modern and scientific techniques, including DNA profiling,
and such other tests as the registered medical practitioner thinks necessary in a particular case.

The 2005 Amendment that added the provision, on the other hand, limited its application to rape-
related cases solely. The collection of blood, semen, etc. for the purpose of filing criminal
charges against the accused is also not permitted under this clause, and complaint cases are not
covered either. Similar to this, Section 164A of the Code of Criminal Procedure 1976 9 calls for a
woman who is suspected of having been raped to undergo a medical examination within twenty-
four hours, which includes a DNA analysis of the woman. Any medical professional who
complies with Section 2(h) of the Indian Medical Council Act, 1956 is permitted to obtain DNA
samples under both sections. The question is whether or not every medical professional is
capable of gathering and preserving DNA evidence. It is well known that proper sample
collection and preservation are essential to the success of DNA evidence. Every minor mistake
or carelessness can contaminate the sample, and a tainted sample is of zero use.

A forensic report is recognised as an expert's "belief" under the Indian Evidence Act of 1872. A
person who has gained knowledge in any science or in his field of specialty by practise and
observation is referred to as an expert. He is someone who has invested time and knowledge in a
particular field of knowledge, making him particularly knowledgeable in the area where he is
asked to provide his expert opinion. The expert's primary job is to present the court with all the
evidence and justifications that led him to reach a certain conclusion so that the court, which is
not an expert, can make its own opinion based on its own examination of the evidence. The
conclusions drawn and the methods, materials, and resources used to reach them are wholly

8
The Criminal Procedure Code, 1976 s.53
9
The Criminal Procedure Code, 1976 s.164A
responsible for determining how credible an expert witness is. Although the court may fully
disagree with the expert's conclusions and rely on other evidence to make its decision.10

The Indian Evidence Act needs to be modified, according to the National Draft Policy on
Criminal Justice Reforms, to make scientific evidence admissible as "substantive evidence"
rather than "opinion evidence" and to establish its probative value, depending on the level of
sophistication of the relevant scientific discipline.

RESTRICTIVE USE OF FORENSIC EVIDENCE IN LEGAL SCENARIO

The most crucial role of a forensic inquiry is to convert uncertainty into a justifiable certainty of
guilt or innocence. Unfortunately, due to the lack of appropriate technologies up until recently,
the courts had to rely primarily on non-scientific evidence. Only 47 cases were included in the
analysis done in 2011 by the Supreme Court and Hugh Court, but DNA was crucial in many of
them. Out of these, the Delhi High Court ruled on 23.4% of the cases. Additionally, just 4.7% of
murder cases and 2.3% of rape and murder cases had used Genetic evidence. Even though the
numbers are appallingly low and concerted efforts are required to include scientific evidence in
all criminal matters, where applicable, the author of yet another study of rape cases over the past
ten years has indicated that there has been an increased reliance by Indian courts on forensic
evidence and DNA over the years.

Yet, there hasn't been a merger in India's forensic science field. The advancements or the widely
applicable, promising potentialities of the science and the blending of new technologies together,
techniques, modalities, and research are frequently not fully understood by the arbitrator, the
attorney, or even the police force. An inter-professional approach is frequently lacking in this
multitasking and multi-professional approach of forensic science.

The Committee on Reforms of Criminal Justice System further notes that only 5-6% of
registered crime cases are collectively forwarded to the FSLs and Fingerprint Bureau at the
present state of forensic science's applicability in crime scene investigation in our nation. The
need to improve the situation is urgent, especially because the country's conviction rate has been

10
Pragati Ghosh, Evidentiary Value of Expert Evidence under Indian Evidence Act, 1872,
http://www.shareyouressays.com/119180/evidentiary-value-of-expert-evidence-under-indian-evidence-act-1872
accessed on April 8, 2023
steadily dropping over the years and that trend may be partially reversed by the forensic
evidence's ability to be conclusive.11

The courts' reluctance to accept forensic evidence in crime scene investigations has a variety of
causes. First, the courts have often remarked on the poor handling of physical evidence, such as
incorrect collection, preservation, non-collection of clue evidence, non-maintenance of chain of
custody, as well as careless and delayed dispatch of physical evidence for scientific examination.
It is evident that the court would reject the report if the accused was not sent for a medico legal
examination, no fingerprints were taken by the I.O., or a blood-stained object was submitted for
a chemical analysis without being wrapped up right away after being seized.

Scientific evidence may occasionally contain some kind of technical flaw, such as a failure to
mention the blood type in the serologist's report12, careless testing methods13, a lack of supporting
information in the expert's report14, a delay in the lab's review of the exhibits, etc.15

The benefits of a case may become disadvantages if laboratory exhibits are not examined
promptly. The validity of the evidence is seriously called into question by the delayed
examination of biological, serological, and viscera exhibit in poisoning instances. In cases of
intoxication, blood alcohol or urine alcohol negative samples may test positive for the presence
of alcohol due to self-generation of alcohol on the putrefaction of samples. The decomposition of
such exhibits can generate alcohol in the exhibits, on long-term duration, and may also not
permit the detection of poison and conclusive serological results. Sometimes, the autopsy
surgeon is unable to determine the cause of death.16

A medico-legal examination seeks to identify the true cause of an injury or death. The type of
death, such as accidental, suicidal, or homicidal, as well as the injury, can surely be reported. In
order to get a scientific conclusion, the documentation of the medico-legal examination should
be arranged very methodically and properly, which is often not done correctly. Because of this,

11
Report of the Committee on Draft National Policy on Criminal Justice, Ministry of Home Affairs, Government of
India, 2007.
12
Kasha Behara v. State of Orissa, AIR 1987 SC 1507
13
Himanashu Pahari v.State, (1986) Cri. L.J. 622
14
Mahmood v. State of U.P, AIR 1976 SC 69
15
Mahavir Singh v.State , Cri. Appeal No. 498/2007
16
Enamul Haque v. State of West Bengal, CRM 17348 of 2010
forensic records are still not fully utilised in the investigation and criminal analysis processes,
despite overwhelming evidence to the contrary.

CONSTRAINTS FACED BY ALLIED SUBSIDIARIES

Due to the police force's lack of knowledge and training in modern criminal investigative
procedures, these fields are still unknown to them. The police are accused of conducting routine,
traditional tactics and strategies in their investigations of crimes. According to some, the
investigation officer, who was the first person on the scene of the crime, may have improper
scientific knowledge, which could contaminate the samples that need to be tested or destroy the
evidentiary value that could be obtained by properly lifting, sealing, and sending the materials to
the expert or laboratory for analysis. As a result, early involvement of forensic experts in the
police investigation and their successful coordination with medi-legal experts can make a
significant and occasionally positive contribution to the crime's resolution.17

The self-determination and self-regulation of forensic laboratories are also a critical topic in
India. Law enforcement agencies have direct administrative control over the state and federal
forensic science laboratories. The State and Union Territory Forensic Science Labs either operate
under the relevant Home Department directly or through police organisations. Because forensic
science institutions are a component of the police system, they are unable to maintain complete
independence.

The requisite infrastructure and labour force are lacking in forensic laboratories. They serve as
staff. There are situations when the right tools and infrastructure are lacking. They also need
adequate funding. Unexpectedly, there is a lack of coordination between the police force and the
forensic experts.

The Report of the Committee on the Draft National Policy on Criminal Justice emphasises the
importance of giving the policy framework appropriate consideration when it comes to
instruction, accreditation, standard-setting, professionalism, and forensic science research and
development.

17
Dutta, R. C.Arora,and Dr. P.C. Sarmah, Analysis of Problems related to Forensic Examination in Offences against
Human Body and Need for Auditing, (2011).
The Malimath Committee also recommended that more laboratories with adequate resources be
established to handle DNA samples and evidence, as well as that specific regulations be passed
to provide guidelines to the police, establish uniform standards for obtaining genetic information,
and create adequate safeguards to prevent misuse of the same. Recently, the Justice Verma
Committee underlined the necessity of proper DNA sample storage and preservation, particularly
in situations of sexual assault.

LATEST JUDICIAL PRONOUNCEMENTS

In Krishan v. State of Haryana 18, the Trial Court found the appellant guilty of violating Sections
376 and 506 of the IPC after carefully weighing the relevant facts and circumstances and, in
particular, relying on the FSL report.

In a recent ruling in the case of State of Gujarat v. Mohan Hamir Gohil and others 19, the Division
Bench of this Court noted that over time, courts all over the world, including those in India, have
been heavily relying on DNA results. They did this by citing various authorities on DNA
technology, various testing methodologies, and scientific advancements made worldwide. "Over
a period of time, the technology of DNA testing has made enormous steps and attained
complexity, leading to results that are frequently used for either including or excluding the
accused," it was noted.

Landmark Judgements

Forensic science is extremely important in criminal cases that are especially focused on
circumstantial evidence. It can help establish the evidence of a crime, identify the culprit, and
determine the guilt or innocence of the accused. Searching thoroughly for evidence that might be
useful in proving a crime is one of the investigating officer's main tasks at the crime scene.
During collection, packaging, and forwarding, the investigating officer may be protected from
potential contamination of physical evidence that may develop at the crime scene. Evidence must
be preserved, and proper precautions must be taken to prevent contamination and tampering with
the material.20
18
Krishan v. State of Haryana, (2014) 13 SCC 574
19
State of Gujarat v. Mohan Hamir Gohil and others, R/CR.A/224/2012
20
Dharam Deo Yadav v. State of U.P, 2014(5) SCC 509
When the accused was about 10 years old, they subjected the criminal to carnal intercourse
before strangling him to death. In certain cases, the Sessions Judges relied on scientific evidence,
including DNA profiles and oral evidence, and they sentenced them to death and fined them.21

It was challenging to identify the deceased victim in Vishal Yadav v. State of Uttar
Pradesh22 since there was just a small piece of one unburned palm with fingers left. DNA
matching with the parents of the dead helped identify the body remains in this case as well,
enabling the High Court of Delhi to uphold the accused's conviction.

In Anmolsingh Swarnsingh Jabbal v. The State of Maharashtra 23, the Bombay High Court
confirmed a life sentence for the murder of a young woman engineer by her coworker in a case
of unrequited love, relying on DNA evidence in addition to other evidence.

CONCLUSION

The importance of utilising such technology in judicial proceedings and criminal investigations
has grown in the Indian context. The commissions established to oversee criminal justice reforms
have reaffirmed that integrating technology into crime detection can boost the effectiveness of
the system. The pertinent laws have occasionally been changed to accommodate the use of
forensic technologies in criminal investigations and court proceedings. Nonetheless, it may be
argued that there are legal shortcomings that need to be fixed. The courts are also hesitant to rely
fully on scientific evidence because of their narrow perspective or because there are some
inherent flaws in the evidence presented in court that prevent them from doing so. Fair justice is
the basic tenet of the criminal justice system. Without a doubt, forensic evidence is more reliable
than visual evidence. Due to forensic science's use of scientific evidence, the criminal justice
system benefits. To move forward, we must fix the problems that now exist.

We must take lessons from the past, modify the way we think, build up the community, and
transform our culture. This entails cooperating to address the scientific flaws in the available
forensic evidence while laying a solid foundation for the introduction of fresh, cutting-edge
technology into the forensic science ecosystem. At the same time, we need to make sure that the

21
Anil v. State of Maharashtra (2014) 4 SCC 69
22
Vishal Yadav v. State of Uttar Pradesh, (2014) SCC Online Del. 1373
23
Anmolsingh Swarnsingh Jabbal v. The State of Maharashtra, 2014 (2) Bom CR (Cri) 361
investigative and law enforcement communities once again acknowledge and make full use of
forensic science as a multidisciplinary approach to problem-solving (for instance, through the
application of the case assessment and interpretation methodology). It becomes clear that such a
methodology, rather than limiting it to a one-dimensional reactive process, is embedded within a
framework that enables understanding of the contribution that a particular evidence type could
meaningfully deliver in terms of sub-source, source, activity, or offence-level propositions for a
given set of case specific circumstances. Its problem-solving potential is realised through a
contextualised method of evaluative reporting of forensic science data relevant to a specific case,
but held in the context of that case where alternative propositions can be responded to and
correctly contested. The Association of Forensic Science Providers, among others, has suggested
such a strategy.