This article has been written by Jayalakshmi. K.
Abstract
This composition gives a detailed meaning and analysis on the content “ Forensic role in criminal proceedings ”. The composition had given a deep knowledge and significance of forensic, what are the provisions were present and how the criminal trials had given a space towards it and assure the Justice. Some of the real time cases had been mentioned with this composition.
Introduction
Forensic wisdom is integral to the criminal processing system, offering a methodical approach to probing and working crimes. This multidisciplinary field employs scientific principles and ways to gather, dissect, and interpret evidence. From DNA analysis to digital forensics, forensic experts play a vital part in establishing data, relating perpetrators, and rendering justice.
Procedure and Examination
The forensic process generally begins at the crime scene, where experts strictly collect physical evidence. This can range from natural samples like blood or hair to trace evidence similar as fibre or gunshot residue. The careful attestation of the crime scene is pivotal, ensuring that all implicit evidence is linked and saved for analysis. Once collected, evidence undergoes a series of forensic examinations. DNA analysis, a foundation of ultramodern forensics, helps identify individual with a high degree of delicacy. This information can link suspects to crime scenes or victims, furnishing critical leads for investigators. Fingerprints, another crucial identifier, are anatomized through various ways, aiding in questionable identification and crime scene reconstruction.
Types of Forensic evidence
Forensic evidence can be astronomically distributed into various types, some were,
- Natural substantiation: DNA Provides unique inheritable profiles and identification of individuals like Blood, Hair, Saliva. Biological samples that can link suspects to crime scenes.
- Trace substantiation Soil, Pollen the origin of particulars link the suspects to certain areas.
- Print substantiation like Tire Marks, Tool Marks
- Arms substantiation – Ballistics Study of pellets and arms to link it to crimes.
- Digital substantiation – Computers, Phones, Storage bias Examination of electronic bias for substantiation in cyber crimes or traditional offenses. Digital footprint: Online conditioning, communication and data.
- Factual substantiation – Handwriting Analysis Examines handwriting for authentication or phony .
- Toxicology – Blood, Urine Samples Analyzes substances to determine the presence of medicines, venoms, or poisons.
- Forensic Anthropology – Skeletal remains helps to determine age, coitus, and other characteristics of unidentified individualities.
- Entomology substantiation – Examines insects on or around a body to estimate time of death and position.
Challenges
While forensic science significantly aids criminal examinations, it isn’t without challenges. impurity of evidence, technological limitations, and evolving forensic methodologies pose implicit hurdles.The credibility and trust ability of forensic evidence are pivotal for bringing a fair trial.Continuous exploration and development are essential to perfecting forensic ways and addressing these challenges. The impact of forensic science extends beyond individual cases. DNA databases, for illustration, enable law enforcement to link crimes and identify periodical offenders. The Innocence Project, exercising DNA substantiation, has played a vital part in exculpating wrongfully condemned individuals, show casing the power of forensic science in amending deliveries of justice.
Provisions
The provisions related to forensic were,
In Composition 20( 3) of the Constitution of India guarantee fundamental right against self incrimination and guards against forcible evidence of any substantiation.
In Universal Declaration of Human Rights, Article 11, states “ Everyone charged with a correctional offence has the correct to be presumed innocent until proved guilty per law in a very public trial at which he has had all the guarantees necessary for his defence. ”
In Section 45 of the Bharatiya Sakshya Bill, 2023 permits the opinions of experts to be considered in matters of wisdom, art, or foreign law where the court deems it necessary.
In Bharatiya Sakshya Bill, 2023 under Section 3 also recognizes ‘ evidence ’ as including electronic records, which becomes decreasingly applicable with the rise of digital forensics.
In Section 53 of the Bhartiya Nagrik Suraksha Sanhita Bill, 2023, provides that if an accused is arrested and there are reasonable grounds to believe that the medical examination of that person may serve as evidence in the court of law, also it’s legal for a registered medical council to make an examination of the arrested person at the request of a police officer who shall not be below the rank of sub-inspector.
Case Laws
1991, Rajiv Gandhi Assassination Case
After an LTTE self-murder bomber killed Rajiv Gandhi in Sriperumbudur, it was delicate to identify bodies torn. This was the first case in which DNA characteristic was used to not only identify victims but also the attackers.
1996, Priyadarshini Mattoo Case
The rape and murder of law pupil Priyadarshini Mattoo by Santosh Kumar Singh, son of an IPS officer, he was acquitted by a trial court in 1999. In 2006, still, Delhi High Court condemned and doomed him to death grounded on DNA evidence which was set up on the undergarments of the victim. The Supreme Court had changed his judgment to life.
2012, Delhi Bus Gang rape Case
The brutal gang rape and murder of a youthful girl by six men. All the indicted were doomed to death grounded on the dying protestation of the victim and DNA evidence.The trial of the case had been discussed all over India.
2013, Hyderabad Blasts Case
In 2014, intelligence agencies had raided a house in Mangalore in hunt of the alleged bombers, but set up absent. A forensic platoon picked up DNA samples from the house, and when the indicted were eventually caught, the samples had been matched. It helped National Investigation Agency to investigate easily.
Conclusion
In conclusion, forensic wisdom serves as the backbone of criminal proceeding, furnishing critical insights and evidence to break crimes. From the crime scene to the courtroom, forensic experts contribute to the pursuit of truth and justice, continually evolving to meet the demands of an ever- changing geography.
