Forensic science under criminal laws in India
Forensic science is the science within the service of the law. Analysis of forensic is employed within the investigation and prosecution of civil and criminal proceedings. It can help to ascertain the guilt or innocence of possible suspects.
Its purpose is to supply guidance to those conducting criminal investigations and to provide to courts accurate information upon which they will rely in resolving criminal and civil disputes.
An expert in forensic like a scientist from any technical field will provide analysis of the evidence, witness testimony on examination results, technical support and even training in his or her specialised area.
Forensic evidence is additionally wont to link crimes that are thought to be associated with each other. as an example, DNA evidence can link one offender to variety of various crimes or crime scenes or exonerate the accused.
Forensic evidence also helps in linking crimes and helping enforcement authorities to narrow the range of possible suspects and to line up patterns of crimes, employed in identifying and prosecuting suspects.
Forensic Science is that the application of science to the law. Mostly utilized in criminal cases, forensic scientists accommodate search and examination of physical traces employed in establishing a suspect of causing a criminal offense at the scene of the crime or of the victim. this is able to include blood traces or body fluids, clothes and textures from clothing, hair, footwear and if any tools used etc.
Forensic science also includes anything that assists within the collection, preservation and investigation for the aim of evidence like DNA identification, examination of structural design and to spot explosives.
Narco-Analysis Test- Narcosis may be a state of unconsciousness induced by drugs. Narco-Analysis may be a process whereby a subject matter is put to sleep or put into a drowsy state by means of chemical injection then interrogated while during this state.This method has been utilized to feature to the memory of a witness. During the method of Narco-Analysis test an individual has no power to think because of the effect of medicine which is injected into him.
Polygraph or polygraph Test- The term ‘Polygraph means ‘many writings’ and refers to a way during which psychological activities are recorded. The principle is that when someone lies he becomes nervous, which successively causes mental excitation. to hide up the joy, adrenal glands are stimulated to secrete Adrenalin, which on entering the blood stream, sets up the force per unit area and rate of pulse and respiration. The psychological changes when recorded are jointly called Polygram, which is analysed to search out out whether during the lie detection test, the suspect experienced emotional stress with questions asked.
Brain Mapping or P300 Test- This method is additionally called ‘Brain wave finger printing’. By this system, the suspect is first interviewed and interrogated to seek out out if he's concealing any vital information. Sensors are attached to the top and also the person is formed to sit down before of a computer monitor. The suspect is shown and made to listen to certain images and voice. The sensor is attached to go monitors and records electrical activity and P300 waves within the brain, which is produced as long as the suspect has link with stimulus. The suspect isn't asked any question. this manner the brain finger printing matches the data stored within the brain thereupon of the related crime and crime scene. If the person is innocent, no such P300 wave gets registered during the test. In India, the primary Forensic laboratory to use this method is that the Forensic laboratory in Bangalore. The Court considers all other proofs available together with the view of the scientific expert, which is simply one piece of evidence needed to be taken into consideration and appreciated for its evidentiary value.
This test wouldn't be valid wherein two suspects in an investigation were both present at against the law, but one was a witness and also the other a perpetrator. the strategy can only detect information from their memory that may place both at the scene of the crime and it cannot decide what their roles were, thereby creating a definite possibility of an innocent eye-witness becoming a suspect of the crime and giving a doubtful chance to the 000 culprit to form a condition of doubt.
DNA Profiling– one amongst the foremost reliable modes of investigation in forensic science is DNA profiling. DNA is that the abbreviation of the term, “Deoxyribose Nucleic Acid”, an organic substance which is found in every living cell and which supplies a private genetic blueprint. DNA is obtained from sources like, blood, semen, bone, saliva etc. DNA was first discovered by Fredrick Micscher within the year 1869[5]. DNA tests are highly effective because each individual’s DNA is exclusive except the twins. the likelihood of DNA being the identical is one in three billion. And it's reliable because it can't be tampered with.DNA test is employed in various cases so as to determine the parentage of a toddler, recognize mutilated dead bodies etc.
Paternity- The Indian Evidence Act,1872, is against the legitimization of a baby and also the public policy is that no child should suffer because of lapses on the a part of their parents. it's well established that when a specific fact is taken into account as conclusive proof of another fact, the judiciary by and huge disables the party in disrupting such proof. the sole exclusion occurs when the party is in a position to point out that there was no access to the opposite party when the conception could have taken place. Whenever paternity is contested, the burden of proof is on the party pleading negative. Section 125 of the Code of Criminal Procedure, 1973 states that the natural and fundamental duty of a person is to keep up his legally wedded wife, children and oldsters goodbye as they're unable to keep up themselves.
Fingerprints- Fingerprints are utilized by the crime investigators united of the foremost essential l piece of evidence. folks are born with a distinguishing set of ridges on the fingertips. The ridges, which are rich in sweat pores, form a pattern that continues to be fixed for keeps. whether or not the skin is separated, the identical pattern are going to be evident when the skin regenerates. Usual patterns found in fingerprints are arches, loops, and whorls. The patterns left by these substances, which collect along the ridges on fingers, form up the fingerprints required by the police at the scene of against the law.
The relevance of forensic science to crime investigation and trial has got to stand the limitation of law. the foremost questions are: viz. a) what's the constitutional validity of such techniques? b) To what extent does the law allow the utilization of forensic techniques in crime investigation? Articles 20(3) of the Indian Constitution provide that nobody accused of any offence shall be compelled to be a witness against himself. Article 20(3) is predicated upon the presumption that the accused person is innocent till proven guilty. It also protects the accused by protecting him from the possible torture during investigation in police custody. legal code considers an accused as innocent until his guilt is established beyond reasonable doubt. The Universal Declaration of Human Rights, Article 11, states: “Everyone charged with a penal offence has the correct to be presumed innocent until proved guilty per law in a very public trial at which he has had all the guarantees necessary for his defence.”Article 20 (3) of the Constitution of India guarantees fundamental right against self incrimination and guards against forcible testimony of any witness. This right has been taken to confirm that an individual isn't absolute to answer any question or produce any document or thing if that material would have the tendency to show the person to conviction for a crime[11] c) what's the evidentiary value of the forensic information obtained from the experts? Sec.73 of the Indian Evidence Act empowers the court to direct a person including an accused to permit his finger impressions to be taken.
In Anil @ Anthony Arick Swamy Joseph v. State of Maharastra, looking forward to scientific evidences including DNA profile and oral evidences, the accused was convicted and punished with death sentence and fined by the Sessions Judge, Nagpur for gruesome murder of a minor boy aged about 10 years after subjecting him to carnal intercourse and so strangulating him to death.
In Vishal Yadav vs State of UP, Nitish Katara murder case, the identification of the deceased victim was difficult thanks to availability of only atiny low portion of 1 un-burnt palm with fingers. DNA profiling helped in identifying the body remains by matching DNA profile with parents of the deceased which helped the court of Delhi to uphold the conviction of the accused.
Forensic science has undergone remarkable growth in recent years, including within the areas of DNA collection and analysis and therefore the reconstruction of crime scenes. Nonetheless, too few professionals are capable of applying forensic science in legal matters.
Advanced technology has given the globe a usefulness and accuracy tool for the aim of criminal investigation. at this time forensic science plays an important role in crime and criminal detection. the most dictum of the criminal justice system is to afford fair justice. Undeniably, forensic evidence is more real than visual evidence. Forensic science as scientific evidence could be a benefit for the criminal justice system.
Lastly,“If and when convincing evidence is produced that are reasonably reliable, scientific methods of exposing falsehoods either in or out of the court rooms are available, these methods should be promptly utilized by the legal profession”.
