Operational Constraints of Forensic Evidence in India: Time to Rethink

Abstract

Administration of criminal justice primarily rests on police, prosecution, courts and prisons. Amongst the functionaries of the criminal justice, the pivotal role is that of the Magistrates and courts. They are responsible for deciding the guilt or otherwise of the alleged offenders and determining the sentence. This process of deciding the culpability of offenders by courts is a complex one involving appreciation of facts and evidence and establishing the charge sought to be proved. In the task, they are assisted by a specialized investigative body, the police. The latter are entrusted with the significant task of detecting and investigating crimes for the purpose of apprehending the alleged offenders and bringing them to justice. In the last few decades, the infusion of technology in crime investigation has been a major breakthrough in the process of advancement of criminal justice. Police utilize scientific tools and techniques to detect a crime, reconstruct the crime scene, identify the alleged offender and establish vital links; the courts, on the other, take account of these physical evidences, otherwise infallible, and determine with enhanced accuracy the innocence or guilt of the offender. Still use of forensic evidence is restrictive in nature. Courts are reluctant to rely upon the evidence. Probable reasons are modern techniques of investigation are an area still unknown to the police. On the other hand, forensic laboratories are staff-starved; resources crunched and lack the desired infrastructural facilities. In addition to these there is lack of co-ordination between these two wings. The Report of the Committee on Draft National Policy on Criminal Justice, 2007 and Committee on Reforms of Criminal Justice System, 2003 also highlighted on it. India has to overcome all these operational issues to render justice as the ultimate aim is to provide fair and speedy justice.