TRINITY INSTITUTE OF PROFESSIONAL STUDIES

DEPARTMENT OF LAW

SUBJECT: LAW OF EVIDENCE.

TOPIC: IMPACT OF FORENSIC SCIENCE.

SUBMITTED TO:

MR. ESHAAN BHARDWAJ , ASSISTANT PROFESSOR

SUBMITTED BY:

SAHIL AGGARWAL , BALLB (5TH SEM) ,02420603821

INTRODUCTION
The scientific experts’ evidence is more relied on from time to time with the increasing growth in
science and technology. In today’s generation, it is very often that the court asks for scientific
evidence. This scientific evidence comes as an opinion and is produced in the court, the final
decision will always depend on the judge itself so that the judgment should be impartial in
nature.

Everywhere in the world, people are wrongfully convicted of crimes that they don’t even
commit. These convictions which arise can be saved by the forensic evidence obtained from the
crime place with the help of the advice given by the experts. Thus, the authenticity and
admissibility of the forensic evidence are needed to be addressed. This evidence has a higher
value. It can either save a person or can punish a person by providing evidence for the crime.

EVIDENCE

It is proof which can be any document, pictures, marks, recordings, videos presented in front of
the court to prove a person either guilty or innocent. This can also be given as a witness. The
statements given by the lawyers are not termed as evidence.

FORENSIC SCIENCE

It is a function in the legal system for having contribution in getting justice in a criminal
procedure. Any evidence which can make investigators identify the criminal easily amounts to
forensic evidence. This can be strands of hair, any specific mark, fingerprints of any person, etc.
The scientists of the forensic help the police in identifying the criminal by finding the detective
details thoroughly received from the crime scene. They do a lot of research and study the details.

It means that science has been used for the purpose of the law. The science which is used in
forensic determines the nature of evidence, identifying the DNA match, fingerprints, etc. This
evidence can be provided by a scientist who is excellent in his work and will provide the
evidence by examining various tests in which he is an expert. This forensic evidence is used for
criminal proceedings and also while the investigation goes on. They provide small details that
help the officers-in-charge of the investigation processes. This also helps in linking crimes and
identifying the connection in them by knowing the patterns of the crime scene and this makes it
easier in identifying the suspects.

Forensic evidence involves application of scientific theory accompanied by laboratory

techniques, some of which involves natural sciences, such as anthropology, DNA analysis,
pathology, serology, geology, toxicology etc. Some disciplines associated with forensics are non-
academic in nature, such as footwear impressions, fingerprints, and hair analysis which involves
the use comparison microscope. All this carefully gathered scientific and nonscientific
information is generated to accomplish the goal of establishing a material fact or facts at or
before trial.1

CLASSIFICATION OF FORENSIC EVIDENCE

The forensic evidences are classified into various kinds, based on the variety of evidence such as
fingerprints, hair, blood, semen, fibre, firearms, drugs, etc. collected at the crime scene. They are
classified into:

1. Biological Evidence: Blood (wet blood or swabs of bloodstains) and saliva are the most
common types of biological evidence. Others include seminal stains, urine, perspiration etc.

2. Weapons Evidence: It consists of firearms such as handguns, revolvers, rifles, assault

weapons, etc.; ammunitions including used casings, fired projectiles, fragments of bullet, and
unfired bullets; gunshot residue and blades including knives.

3. Fingerprint Evidence: It consists of fingerprints of both hands of the accused or the victim and
includes latent and patent fingerprints as evidence.

1
Peter White, Crime Scene to Court: The Essentials of Forensic Science
 4. Drug Evidence: It includes drugs like marijuana, cocaine, methamphetamine and others along
with drug paraphernalia ie. pipes, spoons etc as accessories, found at the scene of offence.

5. Impressions: It means an impression made by a material on a substance and includes shoeprint

impressions, tyre tracks, tool marks etc.

6. Trace Evidence: Evidence which is very small in quantity is called as trace evidence which
covers evidence such as fibres, hair, asbestos, cigarettes, tobacco, glass etc.

7. Natural Materials: It includes clothes, bed, bathing material, carpet cuttings, metal objects,
plastic, paper etc.

8. Generic Objects: It includes door, wood, bicycle and concrete.

9. Electronic/Printed Data: Electronic and printed data include documents and electronics
(computers, cell phones, etc.).

10. Other Items: Evidence which do not fall in any of the abovementioned categories is referred
as other items.2

HOW DOES FORENSIC SCIENCE HELP IN INVESTIGATIONS

This evidence provides proof against a person who could have committed the crime. This
evidence plays a vital role while investigating 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.

Forensic science can find out who the suspect is, the nature of the crime, the time when the crime
occurred, also sometimes the location of the crime and the reason behind committing the crime.

2
Tom McEwen, “The Role and Impact of Forensic Evidence in the Criminal Justice System”, National Institute of
Justice, Office of Justice Programs, U.S. Department of Justice
It gives scientific information from the physical evidence which is collected like from phones,
weapons used, footprints, and many more.

Under Section 45 of the Indian Evidence Act, 1872 it is said when a court can rely upon the
opinions of the court. The court can form opinions upon any foreign law, science, art, finger
impressions, handwriting, and identification by any person who is especially skilled in it called
an expert. But the experts are only advisors and are 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 the opinion of experts is necessary. Expert advice helps the court of law lead to a
conclusion. They mostly rely upon it because these experts are having experience in studying
these kinds of research.

In India most of the time in the case of criminal justice, the innocents are punished and the
person who is guilty will escape. Due to this reason, the reform needs to be improved and
effective. Hence, the Committee known as the ‘Malimath Committee’ recommended that the
importance of forensic science needs to be given in modern technology for investigations and
criminal procedures.

ADMISSIBILITY OF FORENSIC EVIDENCES IN THE COURTS

Section 45 to Section 51 of the Indian Evidence Act, 1872 deals with relevancy of expert’s
opinion in a case. As per the Act, an evidence may be given of only those facts which are
personally known to a witness. However, these provisions are exceptional in nature to the
general rule. It is based on the principle that the court cannot form an opinion or come to a
conclusion on a matter which is technically complicated and sophisticated, without the help and
assistance from a person who possess special skill and knowledge on that matter. Such persons
who have special knowledge and skill in the said area is called an ‘Expert’. Medical, chemical,
explosive, ballistic, fingerprint analysts are some of the examples of forensic experts. 3

However, following conditions are there for admitting an expert’s opinion by the courts –

3
S P Sarkar, Commentary on The Law of Evidence, second edition, Dwivedi Law Agency
1. That the concerned dispute cannot be resolved without expert’s opinion, and

2. The person expressing opinion is fit to be called an expert. The legal system world-wide faces
many challenges when it comes to admissibility of expert evidence. The judges do not usually
have special scientific knowledge and accordingly they are not expected to form independent
opinion on matters of science, including the social sciences, involving complex quantitative and
qualitative analyses. For that reason, the courts make use of experts who, due to their knowledge
or training, can provide explanations which may be relied upon in decision making.

LANDMARK CASES

NITISH KUMAR MURDER CASE

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

In this case, the father of a deceased boy is the petitioner who challenged the findings of the
DNA. The boy who died fell on the adolescent cusp of mutual infatuation with a girl of his
school. Hence, the parents of both the families were requested by the principal of the school for
having a check on the children. After a few days, the boy was found missing, and after a week, a
body was found in a lake that was totally decomposed and hence unidentifiable. The petitioner
was not able to identify the body, the clothes were also not there to identify that he is his own
son. He filed a habeas corpus petition in the High Court alleging the girl’s father and requesting
the High Court to direct the investigation through CBI (Central Bureau of Investigation).

Then the DNA test was conducted by the experts and the DNA of the deceased person matched
with the petitioner and his wife also. There was also a skull superimposition test. This test also
found a link between the deceased and the recovered body. But the petitioner was not able to
accept the truth. The truth came only when the scientific tests were conducted. The apex court
relied on the scientific tests that were conducted and hence with the matter got closed.

FIELD V. LEEDS CITY COUNCIL

In this case, the court held that the evidence which is produced by the experts, highly skilled
persons must be unbiased in nature and should be relevant evidence with reference to the issue
concerned. It also satisfied that the evidence could not have been brought by any lawyer. They
provide information that is outside the limit of the judge and that’s why this helps them to come
to a correct decision. Though the judge has the power to accept or reject the evidence produced
by the experts by doing various examinations. These experts only have the right to give opinions
not the final decision of the proceedings taking place.

MAGAN BIHARI LAL V. THE STATE OF PUNJAB

In the case, it is a famous case where the Supreme Court struck down and set aside the
conviction on the basis of the experts identifying the handwriting. The Supreme Court said that
the opinion of an expert must be received with caution.

CONCLUSION
The main relevance of using forensic science for producing evidence is for availing a fair justice.
This is done so that the actual crime should be punished and not the innocent one. Forensic
evidence has always helped in many cases for identifying the actual criminal and then the court
provides him with punishment. The forensic evidence is more valuable than the general evidence
produced in the court. Though sometimes there are some flaws in the evidence, which is very
rare. More experts should be recognized for always providing information and relevant evidence
regarding the case, and hence the case can be solved on that basis. There can be more
development in the country by making our forensic science grow. This can make strict rules on
punishing the accused.
REFERENCES

1. www.forensicsciencesimplified.org/legal
2. www.crime-scene-investigator.net/forensic-evidence-admissibility-and-expert-
witnesses.html
3. www.legalserviceindia.com/article/l153-Forensic-Evidence.html
4. www.mondaq.com/unitedstates/crime/897356/admissibility-of-forensic-
evidence-in-courts-usa-overview