Imagine a murder scenario. No witnesses, confession, or CCTV footage is available. The only thing found was a blood stain on a shirt, a thumbprint on the gun, and some hair on the ground. A few years back, this murder would not have been solved and would have gone to cold storage. But not anymore; today, because of scientific advancement, forensic experts could even reconstruct what must have happened, and thus, it will provide a clue in identifying the suspect and a fact in the court for justice.
Whenever a dialogue on the Indian criminal justice system is initiated, the forensic reports seem to be the most significant tools in the legal arena. Due to the increase in sophistication of crime today, there is an increased dependency on scientific digital forensics evidence for proving cases beyond any reasonable doubt and for bolstering the testimony of witnesses and establishing facts.
Section 39 of Bhartiya Sakshya Adhiniyam, 2023 (earlier section 45 of Indian Evidence Act, 1872) gives powers to Indian Courts to take into cognizance expert reports with regard to opinions on points of Science, Art, Medicine, Fingerprints, handwriting, or Identity of Handwriting, Forensics. That, at the same time, it is necessary to know that not all forensic reports are conclusive. They should not be.
When these reports are presented during the trials, judges view them in light of the other presented evidences and witness testimony; the forensic report should align itself with corroborative evidence which has been found and witnessed by individuals, as in such a case they can be regarded with high credibility.
The forensic report can be valued on the following bases:
The evidential value of the report will be diminished with even a minor loophole in any of these areas.
Here are the ways a forensic report might impact court decisions:
One of the strongest forensic proofs considered today is DNA profiling. The courts these days depend upon DNA reports to find out whether a biological sample collected from the crime scene belongs to the accused or the victim.
Similarly, fingerprint examination can also link an individual to a weapon, document or crime scene. With the support of other evidence findings, these can significantly strengthen the prosecution's case.
Reconstructing the crime scene is Forensic scientists often assist courts in understanding how the incident occurred. During an assault, the position of the victim and attacker can be revealed by the analysis of blood patterns. Similarly, the ballistic examination can find out how the firearm was used, the firing distance, and the trajectory of bullets, etc. Medical forensic reports can describe the nature of injuries, the probable weapon involved, and the cause of death. Such scientific recreation of the crime scene lets judges evaluate whether the statements of the witness are aligned with physical evidence or not.
It might seem surprising, but the testimony of eye witness not always reliable. This is because eye witnesses didn’t witness full sequence of events, memories can fade, and witnesses might unintentionally provide inaccurate information. Here the role of forensic evidence becomes important because it serves as an independent means of verification. In a case witness claims he/she was not present during the crime scene, but DNA or fingerprints place the accused there, then the court can question the credibility of that testimony.
On the other hand, forensic reports can also get rid of false accusations by highlighting the fact that physical evidence doesn’t support the prosecution's version of events.
These days, courts heavily rely on forensic reports and digital evidence due to the rise in cybercrimes, financial fraud, online harassment, and digital communication. Forensic scientists can even recover deleted files, chat histories, trace IP addresses, and examine mobile phones and authenticate electronic records. Findings like these are really important for cases related to terrorism, cybercrime, economic offences, and digital financial fraud. Thanks to digital forensic reports, as they offer timelines which assist courts in recreating the sequence of events with greater precision.
The best thing about forensic science is the ability to protect innocent individuals. Scientific evidence might establish that biological samples do not belong to the accused, fingerprints belong to someone else, and digital forensic records can prove that a suspect was somewhere else when the crime took place. By prioritizing scientific evidence instead of assumptions alone, courts are better prepared to avoid miscarriages of justice.
Now we will highlight some important cases where forensic evidence impacted the court decisions in India.
The first example is of the Nirbhaya case (Mukesh & Others v. State (NCT of Delhi), 2017). In this case, DNA profiling, medical examination, and forensic analysis played an important role in corroborating the prosecution's case. The witness testimony was strongly supported by scientific evidence and strongly contributed to the conviction.
Second is the Aarushi Talwaar Murder case; during this case, forensic evidence became one of the most debated aspects of the investigation. Due to concerns regarding the collection of evidence, contamination, and interpretation, the judicial findings at the different stages of the trial. This case highlighted that the reliability of forensic reports not only depends upon laboratory analysis but also on proper management of the crime scene.
This case is the best example of how forensic reports can empower justice when conducted properly. But also highlights that improper handling or errors can create uncertainty and influence judicial decisions.
Due to the rise in technology and the volume of digital crimes or cybercrimes, the importance of forensic reports has significantly increased. But the problem is that in India, there is a shortage of high-quality forensic laboratories, skilled forensic scientists or experts, doctors, digital forensic specialists, and more. Bridging this gap and improving forensic infrastructure is essential for strengthening the criminal justice system of the nation and delivering justice on time.