THE GROWING IMPORTANCE OF FORENSIC SCIENCE INCRIMINAL INVESTIGATIONS: AN ANALYSIS OF ITS ROLE AND LEGAL FRAMEWORK

ABSTRACT:

The increasing complexity of crimes has led to growing reliance on forensic science in criminal investigations as it applies scientific methods and techniques to the recognition, collection, preservation, analysis or interpretation of evidence. It assists the authorities in identifying the suspect, victim and in determining the manner and cause of the crime. Forensic science is a multidisciplinary branch of science that is continuously developed to minimise human errors and psychological biases in judicial decision-making. This article examines the growing importance of forensic science in criminal investigations and highlights its role in assisting law enforcement agencies. The study further discusses the meaning and scope of forensic science and analyses the legal framework governing the admissibility of forensic evidence and expert opinion in India under the Indian Evidence Act 1872, and the corresponding provisions under the Bharatiya Sakshyam Adhiniyam, 2023. It concludes by emphasising the growing role of forensic science in strengthening the criminal justice system by promoting accuracy, objectivity, and reliability in criminal investigations.

Keywords: Forensic Science, Criminal Investigations, Expert Opinion, Scientific Evidence

INTRODUCTION:

Forensic Science plays a significant role in modern criminal investigations through the application of scientific methods and techniques to analyse the evidence and assist the courts in delivering justice. There have been crucial social, legal and scientific changes in the criminal justice system and the forensic sciences. In modern times, forensic methods in the criminal justice system have increased the reliability of evidence and improved the accuracy of criminal investigations. Examination of physical evidence such as fingerprints, DNA samples, bloodstains and ballistic reports through forensic methods and techniques helps investigators to uncover the facts of the case that would have remained hidden.

The application of science and technology to the detection and investigation of crime and the administration of justice is not new to India. Kautilya’s ‘ Arthashashtra’, which was written about 2300 years ago, provides a detailed reference to the use of forensic science in the investigation of crime. However, they were not aware of forensic science in its current modern form.. In India, the importance of forensic science has grown steadily as courts increasingly started relying on scientific evidence to ensure fair and equitable justice.  The legal framework governing the admissibility of expert evidence is enshrined under Section 45 of the Indian Evidence Act, 1872, which allows the opinion of experts in fields such as science, medicine, and handwriting to be considered by courts. This provision mainly highlights the importance of forensic experts in assisting the courts for fairer and more reasonable justice.

Thus, forensic science serves as a bridge between law and science, strengthening the criminal investigation methods and the justice system. It promotes objectivity, accuracy and fairness in the criminal trials.

MEANING AND SCOPE OF FORENSIC SCIENCE:

The word forensic originates from the Latin word ‘ forensis’, which means “of the forum”, referring to public courts or assemblies of Ancient Rome where legal disputes were argued.  Any science used for law is known as forensic science. Forensic science is a multidisciplinary branch of science that applies scientific methods and techniques to matters of law, particularly for the purpose of investigation, detection and adjudication of crime. At its core, forensic science revolves around identification or recognition, collection, preservation, examination, analysis, interpretation, and presentation of physical, biological, chemical and digital evidence. These evidences help in the reconstruction of the crime, the establishment of facts of the case, the identification of perpetrators and victims, and assists the court in delivering a fairer and more reasonable justice. To note that forensic science is not just limited to criminal investigations or trials but also plays a crucial role in civil disputes, regulatory enforcement, humanitarian investigations, disaster victim identification, and medico-legal inquiries. It seeks to answer the fundamental legal questions of who, what, when, where, how and sometimes even why.

The scope of forensic science is wide-ranging and multidisciplinary as it covers criminal justice, civil disputes, public health and technological domains. Forensic science plays a significant role in assisting the identification of offenders and victims through DNA analysis, bloodstains, hair, fibres, weapons, and other types of trace evidence. In medico-legal cases, it helps in examining the persons involved in assault, sexual offences, domestic violence, child abuse and custodial violence. Also includes autopsies to determine the cause, manner and time of death, as well as types of injuries, estimated age, etc. This branch deals with the detection and interpretation of drugs, alcohol, poisons or toxic substances in biological samples. It is more evident in cases of road traffic accidents, poisoning, drug overdose or suspicious deaths. It involves the analysis of biological evidence like blood, saliva, semen, etc. and physical and chemical evidence such as explosives, narcotics, glass, soil, fibres, etc. Its scope extends to analysis of handwriting, signatures, printed documents, and alterations in cases of forgery, impersonation, scam or fraud. Forensic experts provide expert testimony on scientific reports and interpretations that assist judges and courts in understanding technical evidence.. With the growing technology, digital forensics has also become a major area of forensic science. It involves recovery and analysis of data from computers, mobile phones or any sort of digital networks.

The growing use of these scientific techniques has increased accuracy, reliability and admissibility of forensic evidence, making it an essential component of modern day criminal justice system.

ROLE IN INVESTIGATIONS:

In recent years, forensic science has developed greatly and now plays a crucial role in aiding criminal investigations. It helps in interrogating the suspect, the victim and even witnesses to get the truth. Narcoanalysis and Brain mapping have revolutionised the police investigation, which saves time, effort and money while providing superior results. Criminal investigation is a practical discipline that comprises facts to identify, analyse and establish the responsibility of a suspected offender. A thorough investigation involves queries, interviews, questioning, gathering evidence, preserving it and applying different investigative techniques.. In this context, it becomes essential to analyse the role played by forensic science in the process of criminal investigation. Forensic science is performed at the crime scence and detailed analysis is performed under expert supervision. They accurately identify and collect physical evidence such as fingerprints, blood, hair, clothing, etc. Experts reconstruct the pattern of events and thus lead to establishement of facts of the case. The collection and preservation should be done in good practice according to the established procedures and professional standards so that it does not get contaminated, destroyed or used.  All the certificates and documentation related to the evidence must be verified and genuine before they are presented to the court.. An effective chain of custody would promote justice and safeguard individual rights by ensuring that evidence is properly examined and accurately presented during legal proceedings.

After evidence is collected, it undergoes extensive, detailed laboratory analysis such as DNA analysis, toxicology, ballistics, and digital forensics. Experts use advanced scientific methods and techniques to analyse the evidence. Fingerprint examination is one of the essential components of forensic investigation. As every individual possesses rigid, unique fingerprints, forensic experts compare latent fingerprints with stored fingerprints in the database to identify any potential suspects. This method assists in establishing a link between individuals and crine scene.

Another essential component of forensic investigation includes ballistics and forensic anthropology. Ballistics helps in understanding firearm-related crimes. Forensic experts examine bullets, cartridge cases, and the distinctive markings left on them during the commission of a crime. This helps the investigators in identifying potential suspects. Forensic anthropology refers to those cases involving human remains, especially when bodies are decomposed or skeletal. This helps determine the age, sex, physical features, and sometimes even the cause of death. Such information assists in identifying the victims and provides important clues about the situations surrounding the death.5.

The crime scene reconstruction is done by analysing the physical evidence, witness statements, and scientific findings. This process enables the investigator to understand the sequence of the crime, how it was committed, the roles of the individuals involved, and the possible motives. Lastly, expert opinions by the forensic experts who provide testimony in courts to explain the scientific findings and the technical evidence help the judges understand the complex forensic information, thereby bridging the gap between scientific analysis and legal decision-making.

LEGAL FRAMEWORK GOVERNING FORENSIC EVIDENCE:

The use of forensic science in the criminal justice system is regulated by several legal provisions that determine the admissibility and relevance of expert and scientific evidence. One of the most important statutory provisions relating to forensic evidence is set out in Section 45 of the Indian Evidence Act, 18722, which at present corresponds to Section 39(1) of the Bharatiya Sakshya Adhiniyam, 2023. This provision recognises the opinion of experts in fields such as science, medicine, handwriting analysis and fingerprint examination. Since judges may not possess specialised scientific knowledge, the expert opinion assists in understanding technical and scientific evidence in order to deliver fair and equitable justice. However, many people argue that fingerprint and DNA identification violates Article 20(3), whereas in State of Bombay v. Kathi Kalu Ogad and Anr held that forcing a person to produce documentary evidence, such as fingerprints, blood, or semen, does not violate the provisions of Article 20(3) of the Indian Constitution.5 The legal provisions governing expert opinions in the Indian Evidence Act have been largely retained in the Bharatiya Sakshya Adhiniyam, 2023. The following table provides a comparison between the relevant provisions.

From the above comparison, it can be observed that the provisions relating to expert opinion and forensic evidence have continued to play a crucial role in determining the admissibility of forensic or scientific evidence in the court of law.

CONCLUSION:

In conclusion, forensic science has become an indispensable component of modern criminal investigations and trials. Scientific methods and technological advancements have enabled investigators to analyse the evidence with deep precision, thereby strengthening the admissibility and reliability of forensic evidence in the court of law. The legal recognition of expert evidence under the Indian Evidence Act, 1872, and its corresponding provisions under Bharatiya Sakshya Adhiniyam, 2023, further reinforces the importance of forensic science in the criminal justice system. Forensic science is a evidenced procedure that includes forward thinking and contemporary medical technology. As the commission of crimes is developing in modern times, it is impossible to solve them without applying advanced scientific techniques. Therefore, the importance of forensic science is increasing day by day.

REFERENCE(S):

[1] R. K. Tewari & K. V. Ravikumar, History and Development of Forensic Science in India, 46 J. Postgrad. Med. 303 (2000).

[2] Indian Evidence Act, No. 1 of 1872, § 45 (India).

[3] B.R. Sharma, Forensic Science in Criminal Investigation and Trials (6th ed., LexisNexis 2020).

[4] Gowsia Farooq Khan & Sheeba Ahad, Role of Forensic Science in Criminal Investigation: Admissibility in Indian Legal System and Future Perspective (Centurion University of Technology & Management).

[5] Nitin Kumar Gupta & Sweksha Bhadauria, Role of Forensic Science in Criminal Investigation, https://pdfs.semanticscholar.org/b00f/ab76338013c2f65be748d22e3664a841d963.pdf.

[6] Bharatiya Sakshya Adhiniyam, No. 47 of 2023, § 39(1), India.

[7] INDIA CONST. art. 20, cl. 3.

[8] State of Bombay v. Kathi Kalu Oghad, AIR 1961 SC 1808; (1962) 3 SCR 10.