FORENSIC EVIDENCE IN INDIAN CRIMINAL TRIALS: EVOLVING STANDARDS OF RELIABILITY, ADMISSIBILITY, AND JUDICIAL EVALUATION
ABSTARCT
The
use of forensic evidence has proven to be one of the most effective pieces of
evidence to be used in modern criminal proceedings in India. In the growing
appeal to scientific methods like DNA profiling, fingerprint analysis,
ballistic testing, toxicology and digital forensics, courts are now
increasingly being faced by evidence that purports objectiveness, accuracy and
impartiality. Nevertheless, even the scientific nature of forensic evidence
does not necessarily make it reliable and admissible in court. The Indian
criminal jurisprudence indicates a complicated interplay between scientific and
procedural protection and judicial discretion, as in most cases the forensic
evidence can swing between being considered as decisive evidence and being
viewed as corroborative evidence.
This
paper is a critical review of the developmental standards in regards to the
reliability, admissibility and judicial assessment of forensic evidence in
Indian criminal trials. It claims that irrespective of the increasing broad
engagement of forensic science, Indian courts remain conservative and
principle-based by insisting on observing the statutory requirements,
procedural integrity, and standards of proof. The paper examines the assessment
of forensic evidence based on the Indian Evidence Act, 1872,(now BSA,2023) and
the Code of Criminal Procedure, 1973,(now BNSS,2023) and also relies on
previous jurisprudence.
It
has also been noted in the paper that there exist systemic issues that include
poorly equipped forensic laboratories, delays in forensic reporting, lack of
consistency, risk of contamination and over reliance on expert opinion and
without sufficient judicial oversight. The research validates the idea that
judicial verdicts have always ruled that forensic evidence especially expertise
testimony cannot substitute substantive evidence but that it should be
considered alongside other circumstances incriminating evidence. The last
section of the paper discusses the reforms that would help to fortify the
forensic infrastructure, standardisation of admissibility standards, judicial
literacy as regards to forensic science as well as the fact that scientific evidence
should serve the cause of justice and not compromise the right to a fair trial.
Keywords: Criminal
Trials; Reliability of Evidence; Judicial Evaluation; Forensic Evidence; DNA
Profiling; Fair Trial.
