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Forensic Science

For anyone, justice does not arrive with a click or a blink. It requires amazing coordination in multiple movements. The idea of Hollywood films or numerous online series that depict cases as being handled in an hour misleads a lot of people. Truth isn’t always the same. It takes a lot of time, patience, effort, and steps to give justice to a person. beginning with the crime being committed, moving through the police investigation, court cases, and ultimately verdicts and convictions. Judges are seen as the skeleton of the legal system and are essential to enforcing justice. Forensic science plays a significant role in this situation.

Forensic Science & Legal World:

It can very well be justified that science and law collide with each other in the arena of Forensic Science. It has significance in both civil and criminal cases. The tangible evidence retrieved from the crime site is known as forensic evidence. The fragments of evidence discovered at the scene of the crime are crucial for the foundation of a just verdict.

Technology and methods from a variety of scientific fields, including medicine, biology, chemistry, pharmacology, and so on, are used in forensic science. For instance, physics was used to pattern the blood that was discovered at the location. While chemistry can assist in ascertaining the cause of death or the combination of medications in the body, biology aids in the identification of the deceased body.

The investigating officer searches the crime scene for as much evidence as possible after the crime is committed. Their job is to conduct minute investigations because even the smallest proof can turn the case around. The field of forensic science has made significant strides in investigating crimes and other horrific crimes.

Historical Viewpoint:

The legal system is not new to the idea of forensic science.

In 1902Argentina became the first nation to use forensic evidence in a criminal investigation. The suspect was identified through the presentation of fingerprint evidence by Sir William Herschel.

Since ancient times, Indian justice has depended on evidence such as post-mortems, DNA analyses, and fingerprints. The application of sophisticated forensic techniques, such as lie detectors and narco-analysis, has also increased recently. One of the greatest examples is the narco-analysis undergone by Abdul Karim Telgi in the 2003 Scam case.

Legislation bolstering criminal investigations with forensic analysis:  

There was a debate regarding the admissibility of narco-analysis tests. In this method, the investigating officer tries to acquire some sort of statements from a semi-conscious person which can be used as evidence. It was held to be violative of Article 20 of the Constitution of India.

The court recently held in the 2006 case of Selvi and Ors. v. State of Karnataka and Anr, that the person giving statements in narco-analysis tests is in a semi-conscious state, and as such they cannot be considered conclusive and thus they cannot be made a part of the compulsory investigation process.

A person accused of any crime may be required to submit to a medical examination if the police believe the examination may shed light on the crime, according to Section 53 of the Code of Criminal Procedure, 1976. Criminal Procedure saw certain changes in 2005 that limited its application to rape cases alone and included examinations related to bloodstains, DNA profiling, semen tests, swabs, and other procedures.

Section 164A of the Criminal Procedure Code gives permission to the medical examiner to see the rape victim within twenty-four hours. However, it is unclear if all practitioners are skilled in gathering DNA samples. It is common knowledge that if a sample is contaminated, it cannot be used for anything.

Restricted use in the Indian legal system:

Though the use of forensic science is on the spike, the Indian Judiciary has been seen restricting its use. Only 60–65 cases are resolved with the use of forensic evidence, according to a recent assessment done by the Delhi High Court and the Supreme Court of India. Only roughly 5% of murder cases and 3% of rape cases have employed DNA evidence. These numbers are sufficient to demonstrate the dearth of scientific support for a criminal investigation in the context of India.

There are multiple reasons behind the court’s unwillingness to use forensic evidence. The evidence gathered from the sites was frequently improperly stored, as the court discovered, and as a result, the reports revealed the undiplomatic outcome, which makes it difficult for the court to rely on the result.

Obstruction Faced:

Forensic evidence is still a relatively unutilized technological field Because the investigating officers lack expertise and knowledge, thus far, research has been conducted using antiquated, non-scientific methods. Since the investigating officer is regarded as the initial respondent to the crime, the legal system’s impartiality is gravely threatened by the absence of scientific understanding.

Even forensic professionals and basic infrastructure are lacking in laboratories. Several major obstacles in this profession include funding, collaboration among the police and forensic experts, and lack of equipment. According to a study by the committee on the Draft National Policy, the framework should pay consideration to forensic science supervision, professionalism, research, and development.

Conclusion:

In Conclusion, we can say that forensic science and evidence play a crucial part in the legal system. The field of forensic science has developed quickly as a result of scientific and technological advancements. According to a number of commission findings, courts that apply the scientific approach when rendering decisions may promote justice, which is a defining feature of democracy. However, courts have been hesitant to integrate forensic science into their system, primarily due to their experience with tainted evidence and falsified findings.

Despite the fact that this field is beneficial to the Judicial system, we still need to close the gaps. We have to make sure that all those working in the legal system make the most of the advantage that is forensic science.

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