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The Validity of Forensic Evidence in India under Criminal Law

The validity of Forensic Evidence in India under Criminal Law

In the middle of the 19th-century natural science began to develop. Hence, Forensic science is the ultimate science that meets the law. It has importance inside the criminal as well as civil matters. Forensic evidence is the physical evidence that is located on the crime scene. The need for scientific evidence has increased as in other ways the research and searching can be crooked. This clearly states the clinical notion while finding the evidence in the facet of forensic science and other various technology. Hence, we can also state that the generation of forensic technology has arrived and grown at its peak to give a venture to medical science and DNA testing in the era of forensic science.

The truthful judgment is when evidence is determined on the place of crime plays a paramount role. They are generally considered secondary evidence. The number one evidence amalgamated with secondary evidence is provided in the court of law, which facilitates the courtroom to recognize the statistics and deliver the judgment.

Definition of Evidence

Strictly inside the felony context, evidence can be defined as various things provided in the courtroom to prove or disprove a query beneath inquiry. It includes testimony, documents, photographs, maps, and videotapes. These are termed as evidence of the case.

What Trial Evidence Consists of?

  1. The sworn testimony of witnesses, on both direct and go-examination, no matter who is known as the witness.
  2. The well-known obtained into evidence.
  3. Any statistics to which all the lawyers have agreed or stipulated.

Arguments and statements by lawyers are not evidence. The lawyers are not witnesses. What they are saying of their starting statements, remaining arguments, and at other instances is intended to help you interpret the proof, however, it is not proof.
Cultivating this definition similarly brings us to your doorstep of the “Laws of Evidence”, which appreciably isn’t always a branch however altogether a different section of the legal machine. So we can finish that the term ‘Laws of Evidence’ as a body of regulation. The issue-matter of that frame of regulation, however, isn’t always properly described. It is a vital assignment to outline because it determines the policies of law to be reviewed and significantly examined and the scope of any proposals.

What is the Law of Evidence?

The Law of Evidence can be defined as those rules which directly or indirectly:
1. Control what evidence may be received.
2. Control how evidence is presented and received.
3. Control how evidence is to be handled and considered once it is received and what conclusions, if any, are to be drawn from particular classes of evidence.
4. Specify the degree of satisfaction that the tribunal of truth need to attain in determining whether or not a fact in trouble is hooked up and the results of this kind of level of delight aren’t reached.

This is the method of numerous writers. It has been found, however, that this formulation is unsatisfactory because it includes both considerable and procedural rules. While the definition of the ‘legal guidelines of proof‘’ has been considered by using the courts, they have not attempted an exhaustive definition. After tries to define the law of evidence we could outline forensic proof and the manner it can be related to the law of evidence.

Definition of Forensic Science

Forensic technology is using technological know-how inside the provider of the regulation. Sciences utilized in forensics encompass any field that may resource in the collection, protection, and evaluation of evidence together with chemistry (for the identity of explosives), engineering (for the examination of structural design), or biology (for DNA identity or matching). A forensic scientist is a professional in any technical subject and can offer an evaluation of the evidence, witness testimony on exam effects, technical aid, and even education in his or her specialized place.

Analysis of forensic evidence is used inside the research and prosecution of civil and criminal proceedings. Often, it can assist to set up the guilt or innocence of viable suspects. The forensic proof is likewise used to link crimes which might be ideal to be related to one another. For example, DNA evidence can link one offender to several different crimes or crime scenes crimes help law enforcement authorities to narrow the range of possible suspects and to set up patterns for crimes, which might be beneficial in figuring out and prosecuting suspects.

Development of Forensic Science

Forensic scientists are also working towards the growth of new techniques and processes for the gathering and evaluation of proof. In this way, a new era may be used and delicate not the handiest to hold forensic scientists at the cutting edge of technology however to maintain the highest standards of fine and accuracy. Forensic analysis is usually carried out by experts working individually or in teams. Advanced strategies frequently require laboratories in which investigative situations can be cautiously controlled and monitored. Private laboratories and government agencies support small and large forensic labs. Analysis of forensic proof is used inside the investigation and prosecution of civil and criminal proceedings. Often, it can assist to set up the guilt or innocence of feasible suspects.

Forensic scientists also work on developing new strategies and techniques for the collection and evaluation of evidence. In this way, new technology may be used and refined to maintain forensic scientists on the slicing-edge of technological know-how but to hold the best requirements of high-quality and accuracy. The in-depth analysis of forensic evidence brings us to the main course of our topic. The different types of methods that can be used in forensic science and their acceptability in the legal system. Thus for higher expertise, we absorb to consistent with view a generally carried out approach of forensic evidence:

Smt. Selvi V. State Of Karnataka Case

Smt. Selvi and others v. the State of Karnataka is a landmark, 256 pages judgment passed by a three-judge bench of the Supreme Court headed by Justice K. G Balakrishnan in 2010 which shaped the laws relating to the use of scientific techniques such as Brain Mapping, Narco-analysis, etc. on an accused, suspect or witness in a criminal case. (2010) 7 SCC 263)

Facts of the Case: In 2004, Smt. Selvi and others filed a criminal enchantment observed using subsequent appeals in 2005, 2006, and 2007 and 2010 have been taken up together via the Supreme Court through a unique go away petition (SLP- Special Leave Petition).

The appeal highlighted the times of how those who had been accused of a crime, the suspects or witnesses involved in an investigation have been being subjected to Narco-evaluation, Brain Electrical Activation Profile (BEAP), Functional Magnetic Resonance Imaging (FMRI), and Polygraph tests without their consent.

Held: It changed into held by using the Hon’ble 3-judge bench of the Supreme Court that no individual needs to be forcibly subjected to any of the strategies in a query, whether or not within the pretext of research in crook cases or any other case. The Court placed reliance on the pointers published by way of the National Human Rights Commission for the Administration of Polygraph Test (Lie Detector Test) on an Accused in 2000. The court docket held that these guidelines should be strictly adhered to and comparable safeguards need to be followed for accomplishing the `Narco-evaluation method’ and the `Brain Electrical Activation Profile’.

Thus, this judgment rendered the practice of Narco-analysis, brain mapping, FMRI, and polygraph test to be unconstitutional and void in the eyes of law. The judgment is one in every of its type which offers more often than not with all new aspects associated with privateness and the proper against self-incrimination covered using Article 20 (3) of the Indian Constitution.

Self-Incrimination

Article 20(3) in the Constitution of India 1949 (3) No man or woman accused of any offense shall be compelled to be a witness against himself.

According to Black’s Law Dictionary, a declaration or an act that takes place during research in which a person or witness incriminates themselves either explicitly or implicitly. In simpler phrases, it is the act of implicating or exposing one’s self to criminal prosecution.

Nandini Satpathy v. P.L Dani

Facts of the Case: A former Chief Minister of Orissa, against whom a case was registered under the Prevention of Corruption Act, was asked to appear before the Deputy Superintendent of Police for questioning. The police wanted to interrogate her by giving her a no. of questions in writing. She refused to answer the questionnaire because it becomes a contravention of her fundamental proper opposition to self-incrimination. The trouble before the Supreme Court was whether or not Nandini Satpathy had a proper to silence and whether people can refuse to reply to questions in the course of research that could factor in the direction of their guilt. (1978 SC 1025)

Supreme Court Observations: Article 20 (3) of the Constitution lays down that no person shall be compelled to be a witness against her/himself. Section 161 (2) of the Code of Criminal Procedure, 1973 [CrPC], casts a duty on a person to truthfully answer all questions, except those which establish personal guilt to an investigating officer.

The Supreme Court regularly occurring that there’s a competition between societal hobby in crime detection and the constitutional rights of an accused man or woman. They admitted that the police had a difficult job to do in particular while crimes had been developing and criminals were outwitting detectives. Despite this, the protection of essential rights enshrined in our Constitution is of extreme significance, the Court stated. In the interest of protecting these rights, we cannot have the funds to put in writing off the fear of police torture leading to pressured self-incrimination. While any statement given freely and voluntarily by an accused person is admissible and even invaluable to an investigation, by the police to get information is not permitted as it violates the constitutional guarantee of fair procedure.

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Written by Simran Gill

Simran Gill is a final year law student from G.G.S.I.P.U, New Delhi. She is very enthusiastic about research work and writing articles and blogs on topics related to the law field. As it has developed her communication skills and other skills too, that would help her to reach the desired role in persuading her dreams. She has volunteered at NGO, legal research center, and has a keen interest in the field of criminal law, international law. 

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