The role forensic evidence in solving criminal cases

This article talks about how forensic evidence helps to solve a criminal case by forensic experts.

Coverage of article

1. Introduction

1.1 Blood test

1.2 DNA test

1.3 Fingerprint

2. Importance of forensic evidence in criminal investigation

2.1. Establishing the facts

2.2. Identifying the suspect

2.3. Exonerating innocent individuals

2.4. Providing leads

2.5. Supporting legal proceedings

3. Admissibility of forensic evidence.

3.1. Admissibility standers of forensic evidence in criminal trails

4. How does forensic evidence help in investigation

5. Landmark Cases

6. Conclusion

7. References

Forensic evidence-

It is given under sec. 451 whenever the opinion of living person is relevant; the grounds the ground on which such opinion is based are also relevant. It is defined as criminal evidence acquired through scientific methods, including blood test, DNA test to be used in court and it is the application of science within legal proceeding. It can be collected by photographs or measurements taken from the crime scene as well. This evidence can be collected in other form in violent crime as fingerprints, footprints, tire tracks, blood and other body fluids, hair, fiber and fire debris. These all element is useful to understand the commission of crime.

As new amendment of the Indian evidence act as Bharatiya Sakshya Adhiniyam, 2023 has an individual sec. for it sec. 39(1)2 experts opinion it says that when the court has to form an opinion upon a point of foreign law or of science or art or any other field, or as to identity of handwriting or finger impressions, the opinions upon that point, of persons specially skilled in such foreign law, science or art or any other field, or in questions as to identify of handwriting or finger impressions are relevant facts and such persons are called experts.

Types of forensic evidence –

Forensic evidence has many types they can be in any foam which directly connected to the perpetrator.

Blood test-

A blood test is a medical procedure where a sample of blood taken and analyzed in laboratory. It is also used as valuable evidence as it provides information’s such as DNA, drug and alcohol level.

DNA test –

Deoxyribonucleic acid, commonly shorted as DNA, is the building block of all organic matter in living beings. It is the most basic unit of identity, and almost all human beings have unique DNA. The uniqueness of DNA makes it particularly forensic tool as any DNA left behind on a crime scene can be analyzed and traced to the individual to whom it belonged.

DNA is often left behind by either victims or perpetrators a crime scene, particularly violent ones. DNA analysis can be identifying who was on the crime scene and their possible role, which is made possible by the availability of national databases that already possess citizens DNA.

Fingerprints –

Fingerprints and DNA are important identity makers, as they are unique to every individual. Fingerprints are even more reliable than DNA in forensic evidence because no two human beings possess the same fingerprint, meaning that fingerprint matching can reach accuracy levels of 100%.DNA is unique, but scientific studies on identical twins have proven that they possess the same DNA. However, they never possess similar fingerprints, which provides fingerprints analysis with a slight edge over DNA analysis in forensic science.

Importance of forensic evidence in criminal investigation-

Forensic evidence plays a crucial role in criminal investigation as it helps to establish facts, identify suspects, and ultimately bring justice. There are some key points on the importance of forensic evidence.

“Establishing the facts”- these evidence, such as DNA, fingerprints, ballistics, and trace evidence, provides factual information that can link a suspect to a crime scene or victim. These evidence often irrefutable and can help establish the truth in a case.

“Identifying suspects”- these evidences can help identifying potential suspects by matching evidence found at the crime scene to individuals, either through DNA databases, fingerprint, or either forensic techniques. This can lead to the apprehension of the perpetrator.

“Exonerating innocent individuals”- on the flip side, forensic evidence can also help exonerate innocent individuals who have been wrongfully accused or convicted of a crime. DNA evidence, for example, has been instrumental in overturning wrongful convictions.

“Providing leads”- these evidences can provide investigators with leads to follow in a case, for example, analyzing trace like evidence like fiber, hair, or soil can help reconstruct events timelines, leading to a better understanding of a crime.

“Supporting legal proceedings”- these evidences are admissible in court and strengthen a case by providing scientific backing to the prosecution’s claims. These evidences can be crucial and deliver in justice. Overall, forensic evidences are a cornerstone of modern criminal investigation, providing a scientific basis for uncovering the truth, identifying perpetrators, and ensuring that justice is served.

Admissibility of forensic evidence’s-

Forensic evidences play a major role in the matters of sexual assaults it provides accurate information to the court of law and helps them in providing to the accused. The forensic evidences mean all that information that is recovered through the accused in the case like clothes, medical examinations and other things. Various types of forensic evidences are available to the court for providing them with assistance. This greatly helps the court of law in providing justice in a transparent manner.

Admissibility standers of forensic evidences in criminal trial-

There are 3 basic things through which the admissibility of a forensic evidence is calculated is its, Accuracy, Reliability and Relevancy. These basic criteria have to be fulfilled by the evidences to become admissible in the court of law. The court found it difficult to evaluate the evidences which are scientific in nature as they are ever changing in accordance with the time. The court has to first evaluate the validity of evidence in depth in trail then only that evidences will be considered by the court. In our country, the admissibility of evidence is a complicated matter. The reliability of forensic evidences is always under the whims of court and thus its application doesn’t remains consistent along with the time. One of the basic problems that law faces about the admissibility of this evidences is the Indian evidence act doesn’t mentions anything about the essential conditions that has to be followed by the court while examining forensic evidences. The only thing which the act mentions in its section 45 but as the new criminal bill will applies by the court then there are more sections for the forensic evidence as sec. 39(1), sec. 39(2), sec. 40 etc. these sections are based upon experts opinion which clearly describe about forensic sciences as well. On similar note of sec. 51 of the evidence act says that evidence will become relevant if it is issued by an expert in the subject. Other than this, none rule has been established by the legislature to address the admissibility of forensic evidence and to check its reliability3.

The evidence which may obtain through some scientific observations or experiments is known as forensic evidence. They are also known as scientific evidence. The basic question which arises before the court of law is its admissibility. Measuring the accuracy or reliability of a forensic evidence sometimes become a matter of great complexion before the court and before the lawyers also. The lawyers and sometimes judges also are not so much aware of the daily affairs of the science and thus it becomes difficult for them to consider forensic evidence as an authentic source of affecting the court trail. Accuracy is the essential element that has to be fulfilled by forensic evidence to become admissible in the court. The court usually considers the opinion of an expert in a matter of conflict regarding the forensic evidence and not the reliability of the evidence. It doesn’t consider various theories that are made regarding the forensic evidence. Usually it doesn’t matter what specific guidelines has been issued regarding the reliability of forensic evidence, at last it is the discretion power of the judges whether they have to rely upon the forensic or scientific evidences or not. It usually depends upon the mere facts of the case. In our country, the provision of jury trials were not there and thus judges are at sole consideration to determine the legal as well as factual issues of the case. Thus, the judges of the court should be made aware about recent scientific technologies and their accuracy and reliability. Specific guidelines has not has been issued regarding the usage of these type of forensic technologies and to examine their accuracy and reliability before the court.

How does forensic evidences help in investigation -

These evidences provide proof against a person who could have committed the crime. This

Evidence plays a vital role while investing an important case study. When forensic evidence is used, the court cannot be biased and there is very little chance for the judgment to be made to provide injustice to the innocent. This evidence can find out who is the suspect is, the nature of the crime, the time when the crime occurred, also sometimes the location of the crime scene and the reason behind committing the crime. It gives scientific information from the physical evidence which is collected like from phones, weapons used, footprints, and many more. Under sec. 45 of Indian evidence Act, 1872 it is said the opinion of expert is only advisors and not witnesses because they have not seen the crime happening, they are just giving opinions through their research with respect to science. But the principle of expert is necessary. Expert advice helps the courts of law lead to conclusion. They mostly rely upon it because these experts are having experience in studying this kind of research.

In India most of the time in the case of criminal justice, the innocent are punished and the person who is guilty will escape. Due to this reason, the reform needs to be improved and effective. In the new criminal bill many things got improved and when it will follow by the court a proper structure will show to the world and the innocent will not punished.

the admissibility of forensic evidence in court, it’s crucial that the evidence is directly connected to the case and can help prove or disprove important facts. Additionally, the methods used to gather and analyze the evidence must be reliable and widely accepted in the scientific community. This ensures that the evidence is trustworthy and can be considered credible in court.

Moreover, the authenticity of the forensic evidence is paramount. It must be genuine and unaltered to maintain its integrity. Courts carefully evaluate these factors to determine if the evidence meets the necessary standards for admissibility. By ensuring that the evidence is relevant, reliable, and authentic, the legal system aims to uphold fairness and justice in the courtroom.

Landmark cases

Nitish Kumar murder case4

In this case, it was very difficult to find the person guilty because only a small portion of the palm with the finger was left unburned. But with the help of forensic science DNA test was conducted and it helped in identifying and recognizing the body by matching the DNA with the parents. This also helped the High court of Delhi to identify the accused.

Sushil mandal v. the state,20145

In this case a father of 17-year-old boy standing on a temples door to find his son Sandesh whom he still believes is alive and illegal custody of Rajkumar. The court orders to DNA test result from TNFSCL, Chennai, and CDFD, Hyderabad have been upheld, and the CBI has been directed to continue investigation. The CBI should also look into whether the SIPCOT police made any attempts to protect the culprits and created a red herring to distract the investigation. No valid reasons have been found to reconstitute in investigation team.

State of Maharashtra v. Dr. Praful B. Desai, 20036

This case highlighted the significance of forensic evidence in criminal investigation. The court emphasized the importance of forensic science in establishing facts and assisting in the delivery of justice. The case underscored the credibility and admissibility of forensic evidence in Indian courts.

State of U.P. v. Krishna master, 20047

In this case, forensic evidence, including fingerprints analysis and DNA testing, played very crucial role in identifying the perpetrator and securing a conviction. Judgment emphasized the reliability and probative value of forensic evidence resolving criminal cases. This case further solidified the acceptance of forensic science in Indian legal system.

Conclusion-

Forensic evidence stands as a cornerstone in resolution of criminal cases, providing a solid foundation based on scientific analysis and factual findings. Its pivotal role in linking suspects to crime, exonerating the innocent, and ensuring justice system. By shedding light on the truth through objective insights, forensic evidence not only aids in convicting the guilty but also safeguards the rights of the innocent. It plays multiple roles as a silent witness that can unravel the mysteries surrounding a crime scene. Through meticulous examination and analysis, forensic experts can extract valuable information from various sources such as DNA, fingerprints, fibers, and ballistics. These evidences acts as bridge connecting the physical evidence to the individual involved, providing a scientific basis for investigative leads and legal proceedings.

References-

http://www.forensicsciencesimplified.org/legal/

https://nij.ojp.gov/

https://www.sciencedirect.com/journal/forensic-science-international

1 Sec. 45 of Indian evidence act, 1872.

2 Sec. 39(1) of Bharatiya Sakshya Adhiniyam, 2023

3 C.E. Pratap, Reliability of Forensic Scientific Evidence in Criminal Trials: An Indian Perspective (The International Manager, ISSN 2348-9413, July-September, Volume 3, issue 11, 2016)

4 Nitish Kumar v. state Gov. of NCT Delhi, Delhi HC, CRL.MC.1804/2018

5 Sushil mandal v. state, Madras HC, HCP No. 801/2014

6 State of Maharashtra v. Dr. Praful B. Desai, 4SCC 601

7 State of U.P. v. Krishna master & Ors, SC, CRL No.1180/2004