How can the integration and advancement of forensic science practices significantly enhance the accuracy, efficiency, and overall effectiveness of the Indian criminal justice system in solving crimes and delivering justice?
Undertrial prisoners are those people who are facing trial in any court and during such trials are kept in judicial custody in prison. As per National Crime Records Bureau (NCRB) report, undertrials in prisons increased to 69 % in 2019 from 67 % in 2016. The high proportion of undertrials is indicatRead more
Undertrial prisoners are those people who are facing trial in any court and during such trials are kept in judicial custody in prison. As per National Crime Records Bureau (NCRB) report, undertrials in prisons increased to 69 % in 2019 from 67 % in 2016. The high proportion of undertrials is indicative of the violation of the right to personal liberty under Article 21 with the process of justice delivery itself becoming a punishment.
Factors behind increasing number of Undertrials
- Lack of judicial infrastructure: The disproportionately small number of courts in a country with a large population together with their inefficient functioning lead to delayed trials. The Judgepopulation ratio stood at 21.03 judges per million people in 2020 in India.
- Sub-standard investigation: Poor quality of investigation due to lack of adequate professionally trained staff in the police often leads to long trials.
- Unnecessary arrests: Law Commission in its 268th report remarked that over 60 percent of arrests are unnecessary accounting for 42.3 percent of jail expenditure primarily due to unnecessary arrest and over policing.
- Inconsistency in the bail system: Right to bail is denied even in genuine cases. Even in cases where the prisoner was charged with bailable offence, they are found to languish in prisons due to exorbitantly high bail amount.
- Poverty and Illiteracy: Majority of undertrials belong to the marginalized communities and are poor and illiterate (28.6%) or dropped out of school before Class 10th (41%). So, a lot of them are not aware of their rights.
- Poor legal aid and representation: Nearly 80% of India’s population qualifies, but only 15 million have been provided legal services and advice under the Legal Services Authorities Act, 1987.
Measures taken to ameliorate issues faced by undertrials:
- Fast Track Courts (FTCs) were established with an aim to reduce the burden of cases from high • courts and district courts and also to provide speedy justice.
- e- Courts to streamline judicial processes, reduce pendency, and help the litigants.
- Fast and Secure Transmission of Electronic Records (FASTER) scheme by which the court would instantly, directly, securely and electronically transmit bail and other orders to the jail authorities, district courts and the High Court.
- The Supreme Court of India under Section 436A of the CrPC passed a judgment directing states to release undertrials who have already served more than half the maximum sentence for • the crimes for which they are imprisoned.
- The Modernization of Prisons scheme was launched with the objective of improving the condition of prisons, prisoners and prison personnel.
- National Legal Services Authority (NALSA) had launched a web application to facilitate the • undertrial prisoners for providing them with free legal services.
- e- Prisons project that aims to introduce efficiency in prison management through digitization.
- Model Prison Manual provides detailed information about the legal services available to prison inmates and also free legal services available to them.
To secure the rights of undertrials, recommendations of India’s Law Commissions need to be followed including separation of law and order and investigation wings of the police department; reducing prison overcrowding by liberalization of bail conditions. Furthermore, recommendations of the Malimath committee need to be given special consideration.
See less
Forensic science is integral to the Indian criminal justice system, blending scientific methods with legal principles to ensure fair trials and accurate judgments. It encompasses various disciplines such as biology, chemistry, and physics to analyze physical evidence from crime scenes, which plays aRead more
Forensic science is integral to the Indian criminal justice system, blending scientific methods with legal principles to ensure fair trials and accurate judgments. It encompasses various disciplines such as biology, chemistry, and physics to analyze physical evidence from crime scenes, which plays a crucial role in reconstructing crimes and identifying perpetrators.
Despite its importance, the admissibility of forensic evidence has sparked legal debates in India. Article 20(3) of the Constitution protects individuals from self-incrimination, yet courts have upheld the use of techniques like fingerprinting and DNA analysis as legitimate investigative tools. The Indian Evidence Act and Criminal Procedure Code regulate the collection and admissibility of forensic evidence, particularly in cases like rape where DNA profiling is crucial.
Advanced forensic methods such as narco-analysis, despite controversy, have been used to extract statements from semi-conscious individuals. Legal challenges have questioned their reliability and ethical implications, leading to nuanced judicial rulings regarding their admissibility in court.
Sec. 53 of CrPC states that a person accused of any crime can be asked to undergo a medical examination if the officers feel that the examination can provide some evidence to the crime. In 2005, certain amendments were made in Criminal Procedure to include the examination pertaining to blood-stain, DNA profiling, semen test, swabs, etc., but it was constrictive only to the rape cases. Further Section 164A of CrPC also authorizes the medical examiner to examine the victim of the rape case within twenty-four-hour. But the question lies whether all the practitioner is proficient for the collection of DNA samples. It is a well-known fact that the sample collected must not be contaminated as it would be of no further use.
Overall, forensic science faces challenges in India related to procedural rigor and the training of practitioners to ensure evidence integrity. Despite these challenges, forensic reports remain vital in judicial proceedings, often serving as authoritative evidence that aids in the fair administration of justice.
The judiciary system’s reliance on forensic science reflects its belief in the discipline’s ability to deliver objective evidence crucial for case resolution. However, courts retain discretion in evaluating forensic reports alongside other forms of evidence to ensure comprehensive and just determinations.
See less