FORENSIC SCIENCE IN CRIMINAL JUSTICE : LEGAL ANDETHICAL CHALLENGES IN INDIA

Abstract

By offering scientific assistance in crime detection and evidence analysis, forensic science plays a crucial part in India’s criminal justice system.  Significant ethical and legal challenges are brought up by its use, nevertheless, such as potential misuse of forensic data, lack of standard methods, insufficient knowledge, and admissibility concerns under the Indian Evidence Act.  In examining these issues, this paper emphasizes privacy concerns, erroneous convictions, and evidence tampering within the Indian context and analyzes their impact on the fairness and efficiency of justice delivery. In the legal process, forensic experts act as witnesses, assisting courts in understanding complex scientific findings. The integration of forensic science to the legal domain improves investigation accuracy, fortifies the veracity of facts, and guarantees the impartial administration of justice.

Keywords : Forensic Science, Criminal justice system, Indian Evidence Act, Justice delivery, Privacy Regulations, Ethical and legal challenges and Erroneous convictions.

Introduction

“Every contact leaves a trace” – this timeless observation by Edmond Locard, the father of contemporary forensic science, sums up how science observes every action in silence while waiting to reveal the truth.[1]

This saying dispels the myth that justice is served instantly, which is frequently depicted in dramas on television or in films. Justice is actually a multi-layered, time-consuming process that requires perseverance, patience, and accuracy. Many people have been misled by the popular media into thinking that cases are resolved in few hours , but the reality is much more nuanced. Every step of the process, from the commission of a crime to the investigation, trial, and verdict, involves innumerable traces of evidence, human judgment, and effort.

Judges are the backbone of justice in a democratic society, where legitimacy and fairness are its pillars. But in the technologically advanced world of today, the search for the truth has progressed beyond conventional means. According to Locard’s principle, forensic science records the invisible traces that are left behind and turns them into indisputable proof. It helps the judiciary base its decisions on scientific certainty rather than speculation, serving as a link between crime and conviction. As a result, although the media may exalt justice as being dramatic and quick, forensic science actually quietly makes sure that every trace leads to the truth and that every truth leads to justice.

The term “Forensic science” refers to a group of scientific disciplines which are concerned with the application of their particular scientific area of expertise to law enforcement, criminal, civil, legal, and judicial matters. Forensic science plays an indispensable role in the modern criminal justice system by providing scientific methods to investigate, analyse, and interpret evidence related to criminal and civil cases. It serves as a crucial bridge between science and law, ensuring that judicial decisions are based on factual, reliable, and objective findings rather than mere assumptions or testimonies. With the advancement of technology, forensic science has evolved from basic fingerprint analysis to complex DNA profiling, digital forensics, and advanced toxicological studies.

After the commission of the crime, the investigating officer tries to collect the maximum evidence found at the site of the crime. Their role is to investigate minutely because a  proof can revert the case. Forensic science has a remarkable contribution in solving criminal investigation and other heinous violence. The methods and technologies used in forensic science come from a variety of scientific fields, including chemistry, biology, medicine, and pharmacy. For instance, physics was used to blueprint the blood that was discovered at the location. While chemistry can assist in identifying the cause of death or the combination of drugs in the body, biology aids in identifying the dead body.

1. Evolution of Forensic Science in India

Forensic science is the application of scientific principles and techniques to solve crimes  and assist professionals in legal investigations. The term “Forensic”, comes from latin word “forensis”, which means “public” or “forum. In ancient Rome, Criminal Cases were often presented in public forums, where individuals presented evidence to resolve disputes.

Background

•  Forensic Science in Ancient China

It’s roots can be traced back to ancient civilization. During the 6th Century in china, a writer named song ci, who was also regarded as the father of forensic science, wrote a book titled “Xi Yuan Lu” or “The Washing Away of Wrongs”. This book covered methods that distinguished accidental deaths from homicidal and  offered guidance on examining wounds and determining causes of death. Song Ci’s work market one of the earliest documented uses of forensic principles in criminal cases.

• The Role of Forensic Techniques in Ancient Rome

In Ancient Rome, forensic methods were also used, but in rudimentary forms. Roman courts required evidence in public disputes, and persuasive speakers played a role in arguing cases. Methods such as analysing bloodstains, footprints and handwriting were use at the foundational level to link suspects to crime and demonstrated the initial or early understanding of people for solving crimes.

• The Rise of Forensic Science in the 19^th century
• The Bertillon system: In the late 19^th century, Alphonse Bertillon, a French police officer, introduced a system called, anthropometry, which measures physical characteristics to identify criminals. In Bertillon system, the length of the arms, the size of the head, and other unique body features were used for measurements. This method laid the foundation for modern forensic identification methods, though it was eventually replaced by fingerprinting.
• Introduction of Fingerprints: In the 1890s extensive research was conducted by Sir Francis Galton, an English Scientist on fingerprints, he concluded that each fingerprint is unique and permanent. His work led to the adoption of fingerprints as a reliable form of identification and by early 20^th century, fingerprinting was enforced link individuals to crime scenes with better accuracy.
• Toxicology and Forensic Chemistry: In 1836, the English chemist James Marsh developed a method for detecting arsenic in the body, ab early example of forensic toxicology. This proved to be a breakthrough and provided investigators with the tools to examine chemical traces in the human body. This reudutionized the way to determine the cause of death. Since then, toxicology has become a fundamental aspect of modern forensic science, with applications in autopsy investigations, drug testing and environmental analysis.
• The 20^th century – Forensic Science takes major strides

The 20^th century saw tremendous growth and formalisation in forensic science, establishing it as a critical tool for justice system worldwide.

• Establishment of crime labs: In 1910, Edmond Locard, a French criminologist, founded one of the first forensic laboratories in Lyon, France. Known for his famous “Locard’s Exchange Principles” – the idea that “every contact leaves a trace”- Locard emphasized that criminals unknowingly leave traces of evidence at crime scenes. This principle became a basis in forensic investigations, leading to the development of crime laboratories around the world.
• Forensic Pathology and autopsy practices: Forensic pathology also witnessed significant advancements during the 20^th Autopsies became a crucial tool to investigate suspicious deaths, with specialists examining bodies to determine causes of deaths, injury patterns, and times of death. These advancements laid the foundation for modern practices in homicide investigation, helping to uncover the critical details that lead to solving cases.
• Development of Ballistics and Firearms Analysis: In 1925, Calvin Goddard, an American forensic scientists, pioneered Ballistics, the study of Firearms, bullets and catridge cases. Goddard’s work allowed investigations to match bullets to specific firearms by examining unique striations, or grooves left on a bullet’s surface. Ballistics to date are essential in investigating crimes involving firearms assisting law enforcement in linking weapons to specific incidents.
• Modern Advances in Forensic Science

The latter part of the 20^th century and the early 21^st century introduced remarkable, technological innovations that transferred forensic science.

• DNA profiling: A breakthrough in identification: One of the most significant breakthrough in modern forensic science came with the discovery of DNA profiling in the 1980s. Developed by Dr. Alec Jefferey, DNA Profiling genetic material to identify individuals with extraordinary accuracy. It was first used in a criminal case in 1986, and Since then, it has become one of the most powerful tools in forensic investigations, solving cold cases, exonerating the innocent, and confirming identities.
• Digital Forensics: Solving Crimes in the digital age: With the advancement in technology, the need for digital forensic methods to investigate recovering, analysing and interpreting data from electronic devices like computers, smartphones, network and other digital devices. It helps in cases involving cyber attacks, fraud and identify theft. With the rise of the Internet and social media, digital forensics continues to evolve rapidly, adapting to new challenges in digital evidence management.
• Advances in Forensic imaging virtual Autopsies: Forensic imaging technologies such as CT scans and MRIs have also be one valuable tools. Virtual Autopsies use these imaging techniques to examine bodies non-invasively and provide detailed views of internal injuries and conditions. This advancement is particularly useful in preserving evidence and offering additional insights when conventional autopsy methods are not feasible.
• Future of Forensic Science

The future will continue to evolve as new technologies emerge, some promising areas includes:

• Integration of Advanced Technology: Future forensic investigations will increasingly rely on artificial intelligence (AI), machine learning, and data analytics. AI algorithms can analyse complex crime scene data, identify patterns in criminal behaviour, and assist in predicting possible suspects. Automation will help reduce human error and accelerate evidence analysis.
• DNA Technology and Genomic Forensics: DNA profiling will continue to advance through next-generation sequencing (NGS), which can identify individuals even from degraded or partial DNA samples. Familial DNA searching and genetic genealogy are emerging tools that will help solve long-unsolved “cold cases” with greater accuracy.

2. Legal provisions supporting Forensic analysis criminal investigations

“Evidence is the silent witness that never lies; science gives it a voice”

Forensic analysis has become an indispensable part of modern criminal investigations, providing scientific precision in the pursuit of justice. The Indian legal system recognizes and supports the integration of forensic methods through various statutory provisions that ensure evidence is collected, analysed, and presented in a reliable and lawful manner.

2.1 Constitutional provisions

The fundamental guidelines that direct the application of forensic science in the criminal justice system are provided by the Indian Constitution, which is the ultimate law of the land. Despite the fact that “forensic science” is not mentioned in the Constitution specifically, a number of clauses taken together guarantee that scientific methods are used to preserve justice, equity, and the rule of law.

• Article 20 – Protection in Respect of Conviction for Offences

Article 20(3) guarantees the right against self-incrimination, stating that no person accused of an offence shall be compelled to be a witness against themselves. However, in cases involving forensic analysis such as fingerprinting, blood sampling, or DNA testing where the Supreme Court in State of Bombay v. Kathi Kalu Oghad (1961)[2] clarified that providing physical evidence (like blood or handwriting) does not amount to self-incrimination. This allows the lawful use of scientific evidence without violating constitutional rights.

• Article 21 – Right to Life and Personal Liberty

It ensures that no person shall be deprived of life or personal liberty except according to a procedure established by law. The Supreme Court has interpreted this to include the right to fair investigation and trial, which inherently supports the use of modern scientific methods to ensure accuracy and fairness in criminal proceedings. The case Selvi v. State of Karnataka (2010)[3] highlighted that while narco-analysis and brain mapping without consent violate personal liberty, scientific evidence obtained through lawful and voluntary means strengthens justice

• Article 39A[4] – Equal Justice and Free Legal Aid

Equal access to justice and free legal aid are mandated by Article 39A. This objective is furthered by the incorporation of forensic science, which guarantees objective evidence, lessens the dependence on confessions or witness bias, and guarantees equal justice for all people, regardless of their social or economic background.

• Article 51A (h) – Fundamental Duty to Develop Scientific Temper

This Article encourages citizens to develop scientific temper, humanism, and the spirit of inquiry and reform. It indirectly supports the growth and acceptance of forensic science in the legal system by promoting rational and evidence-based investigation practices.

2.2 Indian Evidence Act, 1872

Section 73 of the Indian Evidence Act empowers the court to direct any person, including the accused, to provide their fingerprints or DNA samples for examination when necessary for investigation or verification purposes.

A major area of debate in forensic and legal discourse concerns the admissibility of narco-analysis. This technique represents a modern development in75 criminal investigation, wherein statements are extracted from an individual in a semi-conscious state. However, the reliability and ethicality of such statements have been questioned, as they appear to conflict with Article 20(3) of the Indian Constitution, which protects individuals from self-incrimination.

Initially, in Ramchandra Reddy & Ors. V. State of Maharashtra,[5] the court upheld the constitutional validity of narco-analysis and lie detector tests. However, this position was later reconsidered in Selvi & Ors. V. State of Karnataka (2006), where the Supreme Court held that since the statements made during narco-analysis or brain mapping occur in a semi-conscious state, they lack voluntariness and cannot be treated as conclusive evidence. Consequently, such techniques cannot be made part of compulsory investigative procedures.

2.3 The Bharatiya Nagarik Suraksha Sanhita, 2023

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Code of Criminal Procedure, 1973 (CrPC) with the objective of modernizing the Indian criminal justice system. It emphasizes scientific investigation, technological integration, and transparency in criminal procedures. Several provisions under the BNSS directly support the use of forensic science in criminal investigations:

• Section 176 [6]– Mandatory Forensic Investigation

Required Forensic Examination According to this section, forensic investigations are required for crimes carrying a sentence of seven years or more in prison. It guarantees that the crime scene is captured on camera and that evidence is gathered while forensic specialists are present. This clause introduces scientific methods of proof, which enhances the validity of investigations.

• Section 349 – Collection of Specimens

Under this section, a Judicial Magistrate may order any person, including the accused, to provide fingerprints, handwriting, voice samples, or biological samples such as DNA for investigation purposes. Even if the person has not been arrested, the magistrate can direct such collection, provided that reasons are recorded in writing. This provision aligns with Article 20(3) of the Constitution, balancing the right against self-incrimination with the need for scientific evidence.

• Section 532 – Admissibility of Expert and Forensic Reports

This provision recognizes reports submitted by forensic and scientific experts as admissible evidence in court. Such reports may be accepted without the expert’s physical presence unless the court deems it necessary for examination, thereby expediting the judicial process.

3. Legal and Ethical challenges Arising from forensic Science in India

While forensic science has become a cornerstone of criminal justice in India, its rapid growth brings several legal and ethical challenges. These challenges arise from the tension between the pursuit of truth through scientific means and the protection of fundamental rights guaranteed by the Constitution.

• Right Against Self-Incrimination (Article 20(3))[7] : Concerns regarding self-incrimination arise when an accused person is forced to submit to a narco-analysis, fingerprinting, or DNA test. The Supreme Court ruled in Selvi v. State of Karnataka (2010) that such tests are unconstitutional because they violate mental privacy and personal liberty when they are conducted without consent.
• Privacy and Data Protection : There are significant privacy issues with the use of forensic databases, biometric information, and DNA profiling. According to Justice K.S. Puttaswamy v. Union of India (2017)[8], misuse, mistaken profiling, and a breach of the right to privacy may result from the lack of thorough data protection laws and procedures for the storage, access, and destruction of forensic data.
• Admissibility and Reliability of Forensic Evidence : Inadequate infrastructure and a lack of experts make it difficult for Indian courts to guarantee the validity and chain of custody of forensic evidence. Despite acknowledging expert opinions, Sections 45 and 46[9] of the Indian Evidence Act, 1872, do not provide consistent guidelines for admissibility.
• Ethical Concerns in Forensic Practices : India’s forensic labs lack a standardized accreditation framework and protocols, which results in inconsistent practices and results with questionable reliability.
• Lack of Standardization and Accreditation : India lacks a uniform framework for the accreditation of forensic laboratories and standardization of procedures. Variations in methods and lack of proper quality control undermine the credibility of forensic results in court.
• Delays and Backlogs : Evidence deteriorates and justice is delayed as a result of report submission delays brought on by overworked labs and a lack of qualified personnel.
• Legislative Gaps : The Criminal Procedure (Identification) Act, 2022 and the BNSS, 2023 brought about reforms, but India still lacks a comprehensive legal framework to govern expert accountability, ethical compliance, and forensic practices.

4. Reforms for Forensic Science in Criminal justice system

•  Establishment of Standard Protocols : To guarantee dependability and consistency, all forensic labs should use the same protocols and accreditation requirements.
• Infrastructure development : Upgrading forensic labs with modern technology and expanding regional facilities can reduce delays and improve efficiency.
• Training and capacity building : Effective use of forensic evidence in trials requires regular training programs for judges, prosecutors, and police officers on how to handle and interpret it.
• Legal and Policy Reforms : To regulate the gathering of evidence, the accountability of experts, and ethical behaviour, a thorough forensic science law ought to be passed.
• Strengthening the Chain of Custody : Implementing digital tracking systems can help maintain the integrity and traceability of forensic evidence.
• Promoting Research and Collaborations : Research projects and academic-institutional collaborations can boost forensic accuracy and stimulate innovation.

5. Education and Growth of Forensic Science in India

As the world’s population continues to grow, unemployment has emerged as a major factor in rising crime rates. Technical analysis of evidence from crime scenes is one efficient method of increasing conviction rates. Everyone agrees that education is essential for bringing about change and can be a very effective instrument for social change. As a result, forensic science ought to be included as a required course in the curriculum. Undergraduate, graduate, diploma, and certificate programs in forensic science are currently offered by a number of Indian universities and institutions. It is depressing to learn, though, that students who choose to pursue this career path frequently encounter few job options. The main cause of this is the lack of jobs, since the majority of them are limited to forensic labs run by the government, which means that a large portion of their training is not being used.

However, the scope of employment has started to progressively broaden. Private forensic labs have also been established in addition to state and federal government facilities, helping courts and generating employment opportunities for qualified experts. These private labs are still scarce, though, and they still have difficulties getting their results accepted by the legal system.

The antiquated selection criteria that many laboratories still employ are a significant source of concern. Because specialized forensic education was not yet available, forensic laboratories have historically hired applicants with general science degrees, such as those in physics, chemistry, or botany. The hiring procedure has not changed to reflect forensic science’s current status as a unique and sophisticated field. Therefore, especially in government laboratories, candidates with degrees in traditional sciences are still given preference over those with formal forensic science qualifications. Because of these antiquated selection criteria, forensic science graduates are frequently passed over even though they have pertinent academic training and real-world experience.

6. Conclusion

Nowadays, forensic science is a cutting-edge research methodology that is applied in both criminal and civil investigations. It is a necessary component of the criminal justice system and possesses the ability to respond to challenging inquiries. The government has set up labs at the state and federal levels to support law enforcement, courts, and others as needed during the investigation or examination phase.

Forensic science must be taught in law and medical schools, and students should be encouraged to pursue careers in the field. To raise awareness of the value of forensics in the criminal justice system, the government must take action. The advancement of science and technology, as well as the significance of such evidence, must be taught to police, detectives, investigating officers, and scientists. There is no question that forensic evidence is more reliable than any other type of auricular evidence. The criminal justice system benefits greatly from this field, but we still need to address its shortcomings. We need to make sure that everyone who works in the legal system makes the most of the advantage of forensic science.

Reference(S):

1. Constitution of India, art. 20(3) (1950), available at https://legislative.gov.in/constitution-of-india.
2. State of Bombay v. Kathi Kalu Oghad, AIR 1961 SC 1808, https://www.indiankanoon.org/doc/1165979/.
3. Constitution of India, art. 21 (1950), https://legislative.gov.in/constitution-of-india.
4. Indian Penal Code, Sec. 176 (1860), https://indiacode.nic.in/handle/123456789/2263.

Cases Referred

1. State of Bombay v. Kathi Kalu Oghad AIR 1961 SC 1808.
2. Selvi v. State of Karnataka AIR 2010 SC 1974.
3. Ramchandra Reddy & Ors. V. State of Maharashtra 2004 ALL MR (Cri) 1704.
4. Justice K.S. Puttaswamy v. Union of India (2017) 10 SCC 1, AIR 2017 SC 4161.

[1] Edmond Locard, Locard’s Exchange Principle: “Every Contact Leaves a Trace”, in Scientific Foundations and Current State of Trace Evidence — A Review (2020).

[2] State of Bombay v. Kathi Kalu Oghad, AIR 1961 SC 1808, https://www.indiankanoon.org/doc/1165979/.

[3] AIR 2010 SC 1974.

[4] Constitution of India, art. 39A (1950), https://legislative.gov.in/constitution-of-india.

[5] Ramchandra Ram Reddy & Ors. V. State of Maharashtra, 2004 ALL MR (Cri) 1704 (Bom. H.C. Mar. 5, 2004), https://www.casemine.com/judgement/in/5608fb6de4b0149711149ab5.

[6] Indian Penal Code, Sec. 176 (1860), https://indiacode.nic.in/handle/123456789/2263.

[7] Constitution of India, art. 20(3) (1950), https://legislative.gov.in/constitution-of-india.

[8] Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1, AIR 2017 SC 4161.

[9] Indian Evidence Act, Sec. 45–46 (1872), https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00034_187201_1523268871700&orderno=46.