The Role of Forensic Evidence in Solving Crimes
Introduction
The most important characteristic of forensic is that it has become a significant factor in crime solving in addition to being an important part of criminal law. The importance of it in tracking, substantiating the accounts, and vindicating the unexpected is an invaluable record. The primary reason for the application of forensic evidence for criminal trials is in its potential to improve the accuracy and reliability of judicial inquiries. Such evidence provides facts that may both uphold or negate suspicions of the criminals, link suspects with crime scenes and rightfully identify criminals. Namely, when simple consequences may be removed in a legal framework, particularly in those cases that can result in severe sanctions, ranging from lifelong imprisonment to capital punishment, reliable evidence has an invaluable worth. An effective use of forensic evidence means that the unjust convictions are minimized as well as the actual guilty parties are promptly identified. Furthermore, the specimens add credibility to the criminal justice system because compared to traditional trial findings, forensic evidence remains undeniable, conclusive, and resistant to scrutiny. It not only helps solve crimes better, but also increases the people’s trust in the legal system as it demonstrates a work ethic of not only doing ample research on a case.
The types of forensic evidence used in crime investigation:
1. DNA Evidence: Revolutionized in the 1980s, DNA profiling allows for the comparison of biological fluids to determine an individual’s presence at a crime scene.
2. Fingerprint Evidence: Unique to each individual, fingerprints are essential for identifying suspects and linking them to multiple crime scenes through latent prints stored in police databases.
3. Ballistic Evidence: Focuses on firearms-related evidence, studying the marks left on bullets and cartridge cases to connect them to a crime scene and suspect firearms.
4. Bloodstain Pattern Analysis (BPA): Involves examining blood patterns to reconstruct events at a crime scene, determining angles and positions of those involved.
5. Forensic Toxicology: Identifies substances in biological specimens, examining drug levels to assess their role in deaths or impairments, with three main areas of focus: postmortem, drug testing, and human performance toxicology.
What role does forensic evidence play in Indian courts?
1. Forensic evidence plays a crucial role in the Indian legal system, enhancing the reliability of criminal investigations and court proceedings. It mitigates the unreliability of human recollection by establishing critical facts such as the identity of the offender, the murder weapon, the cause of death, and the connection of the accused to the crime scene. Techniques used in forensic science, including DNA analysis, fingerprinting, ballistics, and toxicology, provide insights that are beyond human perception.
2. For instance, DNA analysis involves examining biological samples like blood, tissue, and bodily fluids through methods such as DNA sequencing, PCR, and STR analysis to identify perpetrators.
3. Forensic evidence also verifies witness testimonies, addressing issues of unreliable eyewitness accounts, by confirming or disproving a suspect’s presence at a crime scene through DNA or fingerprint evidence. Additionally, forensic pathology helps establish the cause of death, while forensic toxicology identifies foreign substances in the body, such as drugs or poisons. The application of DNA profiling is particularly significant in serious crimes such as sexual assault and murder, alongside fingerprint analysis, underscoring the vital contribution of forensic science in delivering justice in India.
The legal framework for forensic science in India-
1. Bhartiya Nagarik Suraksha Sanhitha, 2023-
Section 51,52,53- These sections allow the police officer to request for medical examination by a medical practitioner in case of serious offences. This includes noting details like, age of accused, name and address, description of material taken from the person of the accused for DNA profiling, marks of injury if any on the person of the accused, etc.
Section 329- This section provides the legal foundation for admission of forensic reports in the court during the proceedings by scientific experts after following the established legal procedure.
2. Bhartiya Sakshya Adhiniyam, 2023-
Section 39- When the court has to form an opinion on matters relating to handwriting or finger impressions, the opinion of experts in that field is taken.
Section 40- Facts not otherwise relevant, are relevant if according to expert opinion it is relevant.
3. Information Technology Act, 2000-
This act covers admissibility and legal elements of digital evidence.
Case laws where forensic evidence played a pivotal role-
1. Nirbhaya Case (Mukesh & Anr v. State for NCT of Delhi & Ors) (2012)-
The Nirbhaya case involved the gang rape and murder of a woman in Delhi. Here, forensic evidence played an important role in convicting the accused. The accused was able to be linked to the crime using DNA samples from the victim and the accused, bloodstains, analysis of semen and other forensic reports.
2. State of Gujarat v. Kishanbhai (2014)-
In this case, Kishanbhai was convicted of the rape and murder of a minor girl. This case led to recommendations by the Supreme Court for improving forensic investigation procedures in India as there were procedural lapses in collecting and analysing forensic science. The court ordered guidelines emphasizing the need for proper collection, preservation, and analysis of biological samples.
3. Tandoor murder case (1955)-
In this case, Naina Sahni was murdered by her husband Sushil Sharma and her body was left to burn to in a tandoor (clay oven). Here, blood samples and blood stains preserved by the doctor during postmortem helped in DNA profiling and finding the accused.
Challenges in use of forensic evidence:
Challenges in the use of forensic evidence include the contamination or mishandling of evidence, which can lead to wrongful conclusions, adversely affecting innocent individuals or failing to hold the actual perpetrator accountable. Additionally, the subjectivity and inherent bias in certain forensic interpretations, such as fingerprint analysis, can compromise the credibility of investigations, particularly when experts show favouritism. Concerns also arise over the reliability of certain forensic methods like bite mark analysis, which lack solid scientific backing and may lead to unjust convictions. Furthermore, forensic misconduct, including fabricating results or overstating findings, undermines public trust in the legal system and necessitates swift action from authorities to maintain justice and avoid mistrials.
Suggestions:
To uphold justice and reliability in forensic practices, promoting scientifically validated methods is essential. This involves prioritizing techniques supported by empirical research, while minimizing the use of unreliable methods like bite mark analysis, which can compromise the credibility of forensic outcomes. Conversely, methods such as DNA analysis enhance investigation results and contribute positively to the justice system. Collaboration among forensic scientists, law enforcement, and legal teams is crucial for maximizing the relevance and effectiveness of forensic evidence in trials. Establishing strong partnerships among these professionals’ aids in the proper management and utilization of evidence, furthering the integrity of the legal system. Additionally, standardizing procedures for the collection, analysis, and interpretation of forensic evidence helps reduce variability and improves reliability and accuracy in forensic investigations.
Conclusion-
Forensic evidence in forensic science plays an indispensable role during criminal investigations and during the court proceedings. It helps provide the accuracy of information which is often missed by human recollection. By using forensic evidence, high profile cases like the Nirbhaya case and the Aarushi Talwar case got answers. However, despite the potential and accuracy of forensic evidence, the application of forensic science still faces many challenges. It is often misused leading to inaccurate data. Hence, it is important to advance the field of forensic science by focusing more on technological advancements and strengthen forensic science to provide justice.
