RELEVANCE OF FORENSIC EVIDENCE IN CRIMINAL TRIALS

Author: Naina Singh, Amity University, Punjab

ABSTRACT

‘Forensic’ is used to describe things that are related to, used in, or suitable for a court of law. Forensic Science was being frequently applied to the requirement of law as a medical opinion, and now in contemporary times it has found its application in both civil as well as criminal fields of law. Under the following article we will be thoroughly discussing the significance, nature, application of various scientific principles, fields, new advancements, technology, admissibility, etc. of forensic evidence in the court of law, especially in ‘criminal trials.’ We will also have a glimpse of the advantages and shortcomings of the use of forensic evidence.

KEY WORDS:

Forensic evidence, Scientific methods/ techniques, Forensic Science, Analysis, Justice, investigation, Expert Opinion, corroboration, substantive evidence

INTRODUCTION

The term ‘Forensic Science’ is derived from the two Latin words ‘forensis’ (mean. “To open court”) and ‘sciere’ (mean. “To know”). It is the science used in the court of law for the administration of justice as it aids legal interest, and it includes application of scientific methods to the investigation of crime. The purpose of ‘Forensic Evidence’ is to provide guidance in conduct of criminal investigations and production of righteous evidence before the court. “criminalistics” is a branch of Forensic Science that emphasises on the scientific analysis of available evidence involving the application of various scientific principles and techniques to examine, identify, and compare evidence found at the crime scenes such as fingerprint analysis, ballistics, etc.

NATURE OF FORENSIC SCIENCE

Such evidence is regarded much more authentic than other evidence due to its scientific backing providing accurate and fair results with limited chances of manipulation.

REQUISITES FOR ADMINISTRATION OF JUSTICE includes: -

Such evidence must be certain so that people may act safely upon it
It must be just for approval
It should be readily ascertainable so that they may know what their rights and duties are towards it
It must be enforced by Independent and upright judges upon which people have confidence.

THE FOUR STEPS OF EVIDENTIARY VALUE OF SCIENTIFIC EVIDENCE: -

Relevancy of scientific evidence
Reliability of scientific evidence
Admissibility of scientific evidence
Credibility of scientific evidence

According to the new criminal laws under the “Bhartiya Nagarik Suraksha Sanhita” Section 176 which outlines the procedure for investigations of offences of grave nature having punishment of seven years or above mandates the forensic investigation requiring the forensic experts to visit the crime scenes, collect and document the evidence and video-graph the same to ensure non-tampering of evidence and their credibility. This new provision aims to supplement the quality and reliability of criminal investigations by confirming that crucial forensic evidence is collected and preserved leaving no stone unturned during the investigation process

FIELDS OF FORENSIC SCIENCE

Forensic science is a broad field encompassing various specialized areas that apply scientific principles to legal matters. Some key fields include:

FORENSIC ODONTOLOGY (Forensic odontologists examine dental evidence, such as bite marks and dental records, to identify individuals)

FORENSIC PSYCHOLOGY (This field applies psychological principles to legal matters, including criminal profiling, assessment of mental state, and jury selection)

FORENSIC TOXICOLOGY (This area focuses on the detection and analysis of drugs, poisons, and other toxins in biological samples to determine their role in a crime or death)

FORENSIC ANTHROPOLOGY (This field focuses on the identification of human remains, particularly skeletal remains, to determine age, sex, ancestry, and cause of death)

CRIMINALISTICS (This area focuses on the analysis of physical evidence found at crime scenes, including fingerprints, firearms, toolmarks, and trace evidence)

BALLISTICS (This field studies firearms, ammunition, and the trajectories of projectiles)

DIGITAL FORENSICS ( This field focuses on the recovery, analysis, and preservation of digital evidence from electronic devices)

FORENSIC ACCOUNTING (This field investigates financial crimes like fraud and embezzlement)

FORENSIC LINGUISTICS (This area analyses language used in legal contexts, such as in recorded conversations or written documents, to help with investigations)

QUESTIONED DOCUMENT EXAMINATION (This area analyses documents to determine authenticity, authorship, or alterations)

FORENSIC ENGINEERING (Forensic engineers investigate failures in structures, products, or systems to determine the cause of accidents or defects)

FORENSIC BIOLOGY (This field analyses biological evidence such as DNA, blood, hair, and other bodily fluids to link suspects to crimes)

FORENSIC CHEMISTRY (This field analyses biological evidence such as DNA, blood, hair, and other bodily fluids to link suspects to crimes)

PRINCIPLES OF FORENSIC SCIENCE

Forensic science is based on a certain set of scientific principles which are universal for its application during investigations, and they are as following –

Principle of Individuality states that every object, natural or man-made, has an ‘individuality’ which is not duplicated in any other object. It is ‘unique’, neither nature has duplicated itself nor can man.

Principle of Mutual exchange which was given by the great scientist Edmond Locard causing it to be also known as the Locard’s Principle of Exchange states that whenever two or more entities encounter each other there is an exchange of traces mutually.

Principle of Probability states that all identifications, definite or indefinite, are made consciously or unconsciously based on ‘probability’.

The Principle of Progressive Change states that everything changes with time, nothing remains static and is subject to decay and loss whether organic or inorganic matter.

Principle of Comparison is based on ‘intelligible differentia’ meaning only likes or similar evidences can be compared.

Principle of Analysis is the use of ‘scientific methods’ by an expert or authorized person to study and find about the retrieved samples or evidence and this could be no better than samples taken from the crime scene. Such results are accurate in nature.

The principle of Circumstantial facts is based on the fact that facts do not lie, men can, and they do. In simple words, circumstances and facts at a crime scene are raw and most authentic as compared to a person as witness who can be influenced or coerced to change his statement.

ADVANTAGES OF FORENSIC EVIDENCE OVER OTHER EVIDENCE

Product of latest scientific advancements providing accurate results
There is no turning of witnesses into hostile witnesses ensuring credibility
There is no scope of biases of evidence, upholding fairness
No scope of fading of memory, hence no need to refresh memory which is the case for human witnesses
Supplements speedy trials by providing fast and reliable evidence
No scope of perjury as facts do not lie

SHORTCOMINGS OF FORENSIC EVIDENCE

It is based on theory of probability and is of high presumptive value based on the presented facts and circumstances and cannot precisely reconstruct the actual happening at the crime scene.
Majorly relies upon the circumstantial evidence for analysis, though analysis is correct, but the evidence taken can be tampered or removed leading to manipulation of results.
The ocular evidence of a crime scene witness is given more importance over the forensic evidence due to its direct connection to the crime scene.
Forensic evidence is rarely taken as a substantive piece of evidence, as it cannot be the sole basis of conviction and requires corroboration with other evidence.

EXPERT OPINION

An ‘expert’ is a person possessing special skills and knowledge along with certain experience in a particular field of study, whereas an expert’s opinion is his/her outlook on a particular case or fact which is related to their field of study.

According to the “Bhartiya Sakshya Adhiniyam” Sections 39 to 45 When the Court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled (expert) in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions are relevant facts.

Earlier expert opinion was advisory in nature but with evolving times the evidentiary value of expert opinion has also enhanced.

Expert evidence needs to be corroborated and can’t be the sole basis of conviction was held in the case of Balkrishna Das vs. Radha Devi (1989)

ESSENTIALS OF EXPERT OPINION-

When the Court has to form an opinion on technical matters, extraneous assistance may become necessary.

This section allows such assistance in the following cases:

(a) Foreign law

(b) Science

(d) Handwriting and

(e) Finger Impressions.

In Forest Range Officer v. P. Mohammed Ali (1994), The Supreme Court (SC) held that expert opinion is only an ‘opinion evidence’ and is not helpful to the Court in interpretation of law.

EVIDENTIARY VALUE OF EXPERT OPINION-

The opinion of an expert is relevant but not conclusive.
The Court must ensure that before admitting any opinion that the person is an ‘expert’
‘Expert opinion’ is not a substantive piece of evidence and does require corroboration.
A court may require corroboration, but no corroboration is not a ground to reject expert evidence.
An ‘expert’ has to be examined before his testimony is taken into account by the court, since without examining an expert as a witness in a court no reliance can be placed on his opinion alone.

LATEST TECHNOLOGICAL ADVANCEMENTS IN THE FIELD OF FORENSIC SCIENCE

With the development of scientific technology new methods and techniques have emerged yielding rapid and accurate results of analysis of specimens fostering the use of forensic science in criminal investigations and the legal field. Some of them are: -

DNA Analysis

“DNA” stands for ‘Deoxyribonucleic acid’ and it is possessed by every living being, containing the genetic material which is essential for its survival. The DNA is a double-helical structure composed of sugar-phosphates and rings. DNA is unique to every individual and cannot be the same, except, in the case of monozygotic twins who share the same DNA. This DNA helps in identification of a particular individual with the help of the examination of their saliva, semen, hair, blood, etc. aiding in solving crimes by establishing identities of victims and perpetrators; for example in rape cases.

In multiple cases ‘DNA Analysis’ is used to establish the paternity of a child, such as in the landmark case of Nandlal Vasudev vs. Lata Nandlal (2014) where the Supreme Court observed that a girlchild’s paternity was in question and preferred the truth discovered from scientific examination rather than any presumption.

Fingerprints

They are impressions left behind on the surfaces which come in contact with the fingers, and they comprise a peculiar pattern of ridges and valleys unique to every individual which cannot be matched with anybody else’s fingerprints. The concept of fingerprint is majorly based on ‘Locard’s Principle of exchange’. Sir William Herschel was considered as the very first lawyer to use ‘fingerprints’ in identification of suspected criminals and the evidence of fingerprints in 1890 was first time allowed in Argentina court and in 1902 in British courts. The Supreme Court in the case of Gade Lakshman vs. State of Andhra Pradesh (2001) held that presence of fingerprints is taken to be positive evidence. There are various types of fingerprints which are as follows:

Patent Print: easily visible to the naked eye
Elastic Print: left on soft surfaces like wax, soap, etc.
Latent Print: is not easily detectable and is formed due to sweat or bodily secretions.

Brain-Mapping

Also known as the ‘P-300 Test’ is a forensic technique which is used to access the brain activity and identify the areas of the brain responsible for specific functions as it is helpful in creating a map of the brain activity with the use of quantitative Electro Encephalography [ qEEG] and machine set-up with a specialized software to detect p-300 waves for the creation of brain activity map which aids in establishing the relation or connection of the suspect (subject) with the crime concerned. This technique is non-invasive, promotes functional mapping and has a diverse application in various other fields such as neurology and cognitive neuroscience.

Polygraph

Also known as the ‘Lie-detector test’ is a scientific instrument which measures and records the physiological rate of subjects like blood pressure, pulse rate, respiratory system, skin conductivity while the subject is asked questions related to crime to which he answers. This test measures all the natural changes caused by the ‘Autonomic Nervous System’ during interrogation as they are beyond the reasonable control of an ordinary person.

Narco-Analysis

Also known as the ‘Truth Serum Test’ is a scientific technique in which drugs like “Sodium Amytal” or “Sodium Pentothal” are used to induce a relaxed state of mind where a person is more willing to share information he is concealing. This technique is also helpful in solving terrorist crimes, serial-killings, amnesia cases and other criminal investigations.

CONCLUSION

Forensic science has immensely contributed in the legal field with its latest and reliable inventions and still continues to provide new advancements. The evidence bestowed by forensic science are given value in the courts of law but they do require crucial corroboration and cannot be a sole basis of conviction. There’s no doubt on the accuracy of these results but there are chances of loss of evidence and manipulation or tampering with them causing adverse consequences such as convict the innocent or exoneration of the true perpetrator hence, corroboration ensures credibility and faith in this forensic evidence in compliance with Benjamin Franklin’s quote, "it is better 100 guilty Persons should escape than that one innocent Person should suffer".

SUGGESTIONS

Setting up of more National Forensic Science Laboratories across India, as till date there are only seven NFSL in cities like:

-Pune

-Kolkata

-Delhi

-Bhopal

-Chandigarh

-Kamrup

-Hyderabad

As National forensic labs offer numerous perks, including standardized procedures, advanced technology, and specialized expertise, all of which contribute to more reliable and efficient crime investigations. These labs also facilitate collaboration and resource sharing across different jurisdictions, enhancing the overall effectiveness of the criminal justice system.

Promotion of forensic science as a quality career encouraging students to pursue it as an academic subject offers diverse opportunities in both the public and private sectors with emphasis on practical training, standardized curriculum and adequate specialization opportunities. Graduates can work in government agencies like the CBI, IB, and forensic science laboratories, or pursue roles in hospitals, private detective agencies, law firms, and more. The field encompasses roles like forensic scientist, crime scene investigator, digital forensics expert, and forensic pathologist, among others.

Matching standards set by the western countries in terms of technology and resources as India lacks the latest technology and equipment in many forensic labs, which hinders the thoroughness and accuracy of investigations unlike Countries like the USA, UK, and Canada have access to advanced technology and resources, leading to more effective and efficient forensic work.

Specializations in India are restricted, often focusing on areas like toxicology, questioned documents, fingerprints, chemistry, DNA, and digital forensics. Universities abroad provide a wider range of specializations, including crime scene investigation, forensic archaeology, fire and explosion investigation, forensic accounting, and forensic dentistry. The specialization to be provided by Indian institutes must be more comprehensive in order to intrigue forensic science students and cater to their interests.