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?
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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?
The integration and advancement of forensic science practices can significantly enhance the accuracy, efficiency, and overall effectiveness of the Indian criminal justice system in solving crimes and delivering justice in several ways:
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.