International Journal of Law, Policy and Social Review
2020, Vol. 2, Issue 2
Legal dimensions of forensic science in India
Scientific advances already play an important role in solving crimes. Labs can analyze smaller pieces of evidence than ever before, and law enforcement officials can gain valuable information from evidence that, in the past, would have been degraded and unusable due to weathering or time. New technology also allows investigators to find and analyze evidence that they would likely not have found via earlier methods. The medical evidence, being the expert opinion, assists the Court on the technical aspect of the case by explaining the terms of science. However, a doctor who has examined the victims is in the best position to depose about the medico-legal aspects of the offence committed on the victim. The medical evidence is corroborative and consistent with the direct and circumstantial evidences, then it can be considered without hesitation. To decide the legitimacy of the child, the Court can rely on medical evidence. In most of the rape cases, the sperms ejected by the accused on the private parts of the victims is taken for chemical analysis which can help the Court to come to the proper conclusion. However, the importance of the medical or forensic evidence, it’s not having any value unless it’s been recognized by the law. In India, the human rights of individual are at most importance and it’s been recognized under the India Constitution. Under Article 20, 21 and 22 the rights of the accused are protected and the same is the major hurdle in application of laws favoring forensic evidences. Furthermore, the age-old code of criminal procedure and the Indian evidence act do not provide for appropriate legal status to forensic science in the criminal justice process, it should be updated meeting the needs of an hour and specific laws governing the forensic science should be passed.