Authentication and Admissibility of Forensic Evidence under Indian Criminal Justice Delivery System: An Analysis

Abstract

Generally, the use and application of sciences related to the law is known as forensic science. It involves a systematic coherence of various scientific specialties and disciplines. In the absence of scientific techniques, courts and judicial authorities were dependent on different mechanisms and sources as statements of witnesses, who frequently turned hostile, were threatened, influenced, also confessions were obtained by torturing the suspect, subjecting a person to different ordeals to establish his guilt or innocence. In fact, this chapter argues, a criminal justice system that relies on the fact that confession is in long run less reliable and prone to more abuse and misuse as compared to a system that follows extraneous evidence collected independently through skillful and scientific evidence. The application of science thus makes it possible to resolve the ambiguities surrounding the investigation of crime making it more humane. This chapter illustrates that in administration of criminal justice system, the courts rely heavily on the reports and testimony of the experts while deciding the guilt and innocence of the person. The chapter highlights that the Indian Evidence Act, 1872, mandates the Judges before admitting the reports furnished by the forensic experts to verify with the help of expert evidence. Failure of judges to effectively perform their gate-keeping responsibilities of verifying the authenticity of forensic science evidence results in injustice. The herculean task before the Judiciary is how to make maximum utilization of the work done within the scientific sphere in order to enhance and make better use of forensic science in court. The chapter reveals that ensuring proper use of forensic evidence in criminal proceedings is quite challenging because of the fact that lawyers, as well as judges, are mostly ignorant of scientific background and education. The chapter highlights the need to establish and start legal education courses and programs in various legal institutions and judicial organizations to equip and train the officials. Forensic science has now become extremely pertinent in criminal adjudication process. It is important that the officials at the crime scene cautiously collect and preserve the samples and evidence so that later forensic scientists can examine the same. The expected outcomes of this chapter are: Accentuating the fact that the prosecutors, defense, and the judges rely on forensic reports and evidence in order to help them to decide the acquittal or conviction of a person in a given case. Highlighting the fact that even scientific procedure may turn out to be erroneous especially when it relies on subjective human judgment. For the admissibility of scientific evidence in the court data pertaining to its authenticity and admissibility is quite crucial. Underling the fact that fairness and unbiasedness should be the hallmark for forensic science processes generally used to collect, explain, analyze, interpret the scientific examination and the same should be performed by the forensic expert with due diligence without taking sides of either party. Addressing the issues related to reliability and admissibility of forensic evidence in criminal investigations as well as trials.