With advancements in the criminal justice system, there has been a significant
expansion in crime investigation techniques, particularly with the incorporation
of scientific methods, over the past decade. The application of scientific tools
and techniques in crime detection by police officers plays a crucial role in
identifying suspects and establishing vital connections between the judiciary
and law enforcement. These physical pieces of evidence are meticulously examined
to accurately determine the innocence or guilt of suspects.[1]
Forensic science, operating within the confines of the legal system, makes a
substantial contribution to ensuring justice in criminal investigations and
other serious violations. Its objective is to aid criminal investigators by
identifying and collecting evidence at crime scenes and providing precise
information that can be relied upon to resolve criminal and civil cases. This
discipline is essential in investigating crimes such as murder, rape, accidents,
cases involving unidentified or missing persons, fraud, and forgery.
Role Of Forensic Science
Evidence derived from forensic analysis is of paramount importance, especially
in cases lacking eyewitnesses to the crime. The court's reliance on forensic
science is evident, as both parties requested the presence of a DNA forensic
specialist to elucidate the forensic examinations conducted throughout the case.
An investigating officer explained how DNA samples were proficiently collected
from the crime scene, despite the accused's attempts to eliminate traces.
Forensic scientists successfully retrieved DNA samples even after the accused
wiped bloodstains from the door lock to destroy evidence.[2]
Additionally, the police discovered the victim's remains, including burnt bones
and teeth, making identification seemingly impossible. Forensic science again
played a crucial role by conducting DNA testing, which established a connection
between the victim and his parents. Forensic experts obtained three teeth,
femoral bones, and other residues to retrieve the DNA sample.
Historical Context
The origins of forensic science in India date back to the early 20th century,
marked by intermittent efforts in forensic documentation and evidence
collection. However, it was in the subsequent decades that forensic science
began to establish itself as a formal discipline. The creation of forensic
laboratories and the adoption of modern forensic techniques represented a
pivotal shift, setting the stage for its integration into criminal
investigations.
Progress in Forensic Science
India has made significant strides in forensic science, keeping pace with global
advancements. The incorporation of advanced technologies such as DNA profiling,
fingerprint analysis, and digital forensics has greatly enhanced the forensic
capabilities of law enforcement agencies. Successes in high-profile cases
highlight the crucial role of forensic evidence in securing convictions and
delivering justice.[3]
Landmark Case
- Nirbhaya Case
This case involves a brutal rape crime in Delhi. The victim and her friend were
returning home after watching a movie on December 16, 2012, and were waiting for
transportation around 9 PM. They boarded a bus after being coerced by one of the
perpetrators. Once on board, the bus lights were turned off, and the victim's
friend was severely beaten by the men inside. The bus windows were covered with
black sheets, preventing anyone outside from seeing what was happening inside.
The victim was dragged to the back of the bus, where 6-7 men subjected her to
horrific sexual assault, including oral, vaginal, and anal rape. They also
inserted rods into her vaginally. Among the perpetrators, one was a minor. The
victim was not only raped but also mutilated beyond comprehension, with her
intestines cut and her private parts brutalized. She succumbed to her injuries
on December 29, suffering from multiple organ failures, internal bleeding, and a
heart attack.[4]
Role of Forensic Science in Nirbhaya Case
The fate of the accused individuals in the December 16, 2012 gang rape and
murder case was accurately determined by forensic scientists, supported by
evidence such as DNA analysis, fingerprints, and bite mark analysis, as mandated
by the Supreme Court. DNA examination conducted by forensic experts established
a direct link between the perpetrators and the victim, while fingerprint
evidence indicated the presence of one of the culprits, Vinay Sharma, on the bus
during the commission of the heinous crime.
Regarding bite mark analysis, a division of the forensic department specializing
in dentistry, J. Dipak Misra's bench affirmed the reliability of the examination
report, stating it was "completely and utterly reliable." The similarity between
the bite marks and the dental structure of the convicts provided strong
evidence, leaving no room for doubt.
Recently, the perpetrators of this brutal rape were sentenced to capital
punishment by the Supreme Court of India and were executed by hanging.
Impact of Forensic Evidence on Jury Decision-Making
Persuasiveness of Forensic Evidence:
Forensic evidence frequently plays a pivotal role in jury deliberations due to
its scientific foundation and objective nature, which tend to make it highly
convincing. For instance, DNA evidence can forge a strong connection between the
suspect and the crime scene, providing compelling support for a conviction.
Similarly, fingerprint analysis and bite mark comparisons can unequivocally
place a suspect at the scene of a crime. The precision and dependability of
forensic evidence assist juries in making informed decisions, often influencing
the outcome in cases where other types of evidence may be ambiguous.
Common Misconceptions
Despite its critical role, forensic evidence can sometimes be misunderstood or
overvalued by jurors. A common misconception is the belief that forensic
evidence is flawless or that it always yields clear-cut answers. In reality,
forensic science is susceptible to human error, technological limitations, and
varying interpretations. For example, not all DNA samples are of high quality;
partial or degraded samples can result in incorrect conclusions. Moreover, the
complexities involved in collecting, preserving, and analyzing forensic evidence
can lead to errors that jurors might not fully grasp.
The "CSI Effect"
The "CSI Effect" is a phenomenon where the viewing of crime and forensic-based
television shows influences the decisions jurors make during a trial (Kim, Barak,
& Shelton, 2009; Hayes-Smith & Levett, 2011). This effect has been suggested to
exist since the early 2000s, coinciding with the rise in popularity of shows
like CSI and its various spin-offs (Hewson & Goodman-Delahunty, 2008).
It causes
jurors to develop unrealistic expectations regarding forensic tests, potentially
leading them to incorrectly assess the significance of the presence or absence
of forensic evidence. This can result in a bias where jurors may be more likely
to acquit without forensic evidence or to convict based on a misinterpretation
of such evidence. Studies indicate that attorneys and other professionals in the
criminal justice system act as though this effect is real, leading to additional
work and tests to counteract the suspected bias (Wise, 2010).
The misinterpretation of forensic evidence and the resulting unnecessary
examinations pose a problem for the entire criminal justice system, including
attorneys, crime lab personnel, and society at large (Kim et al., 2009; Hayes &
Levett, 2012). If jurors hold biases from watching crime and forensic television
shows, their decisions might be influenced by these preconceptions rather than
the trial's actual facts. This could lead to verdicts that differ from those
that would be reached by an unbiased jury, potentially resulting in the
conviction of innocent individuals or the acquittal of guilty offenders.[5]
Challenges Faced
Despite significant advancements, forensic science in India encounters several
challenges. Resource constraints, outdated infrastructure, and a shortage of
skilled experts hinder the effective application of forensic techniques.
Additionally, the evolving nature of criminal activities, such as cybercrimes,
demands constant innovation and adaptation in the forensic field.
Future Directions
Looking forward, key areas for development include interdisciplinary
collaboration among forensic experts, law enforcement, and legal professionals.
Furthermore, integrating emerging technologies, implementing procedural reforms,
and building capacity are essential to address current challenges and enhance
the effectiveness and reliability of forensic science in India.
Challenges and Limitations
While forensic science in India has made notable progress, it faces numerous
challenges and limitations that hinder its full potential. The collaboration
between forensic scientists and legal professionals is hampered by resource
constraints and procedural complexities. Recognizing these challenges is crucial
for developing strategies to overcome them and improve the integration of
forensic science into the criminal justice system.
- Resource Constraints: Forensic laboratories in India often struggle with insufficient resources, including outdated equipment, limited funding, and a shortage of skilled professionals. The increasing demand for forensic analysis exceeds the capacity of existing facilities, leading to delays in case processing and potentially compromising the quality of forensic examinations.
- Infrastructure and Technology Gaps: The rapid global advancement of forensic technologies challenges India to maintain updated infrastructure. Limited access to state-of-the-art equipment and training for forensic experts hampers their ability to use the latest techniques, which can result in missed opportunities for evidence discovery and analysis.
- Workload and Backlog: The growing caseload and backlog of forensic examinations create bottlenecks in the criminal justice system. Forensic scientists often face overwhelming workloads, causing delays in report delivery and court testimonies. This backlog affects the timeliness of investigations and poses challenges in preserving evidence integrity.
- Quality Assurance and Standardization: Reliability and accuracy of forensic evidence are crucial for legal acceptance. The lack of standardized protocols and quality assurance measures across all forensic laboratories in India raises concerns about the consistency and credibility of forensic analyses. Standardization is essential to build confidence among the legal community and the public.
- Interdisciplinary Communication: Effective communication and collaboration between forensic scientists and legal professionals are vital for successful investigations and prosecutions. However, the interdisciplinary nature of forensic science requires a shared understanding of methodologies and findings. Bridging the communication gap between these two fields remains a challenge in India.
- Legal and Procedural Challenges: The legal system's pace and procedural intricacies can hinder the seamless integration of forensic evidence. Legal professionals may struggle to understand complex scientific findings, leading to potential misinterpretations or underutilization of valuable forensic information. Harmonizing legal procedures with scientific advancements is crucial for the optimal use of forensic evidence.
- Cybercrime Challenges: The rise in cybercrimes presents challenges for forensic professionals in investigating digital evidence. The constantly evolving nature of cyber threats requires continuous adaptation of forensic techniques and specialized training. Additionally, legal frameworks need to evolve to effectively address the complexities of cyber investigations.
Conclusion
The development of forensic science in India has seen substantial progress but
faces numerous obstacles that limit its full potential. Major issues include
resource limitations, outdated infrastructure, and a lack of skilled
professionals. Additionally, the fast-paced evolution of criminal activities,
particularly cybercrimes, requires ongoing innovation and adaptation in the
forensic field.
Despite these difficulties, forensic science is vital to the criminal justice
system, especially in cases where eyewitnesses are absent. The use of scientific
methods in crime investigation, as highlighted by notable cases like the
Nirbhaya case, demonstrates the crucial role of forensic evidence in achieving
convictions and delivering justice. The accuracy and dependability of forensic
techniques such as DNA profiling, fingerprint analysis, and bite mark
identification are essential in guiding jury decisions and ensuring the
integrity of legal processes.
To overcome current challenges and improve the efficacy of forensic science in
India, several areas for future development must be emphasized. These include
promoting interdisciplinary collaboration among forensic experts, law
enforcement, and legal professionals; integrating new technologies; implementing
procedural reforms; and enhancing capacity building. Standardizing protocols and
ensuring quality assurance in forensic laboratories are vital to build
confidence in forensic analyses and maintain the credibility of evidence in
legal proceedings.
Additionally, it is crucial to tackle the workload and backlog in forensic
examinations, upgrade infrastructure, and provide continuous training for
forensic experts. Effective communication and collaboration between forensic
scientists and legal professionals are necessary to bridge the gap in
understanding methodologies and findings.
In summary, while the future of forensic science in India presents challenges,
focused efforts on resource allocation, technological improvements, and
interdisciplinary cooperation can lead to a new era of effectiveness and
reliability, ultimately strengthening the criminal justice system and ensuring
justice for all.
End Notes:
- Charul Mishra, Forensic science under criminal law, ipleaders, (Sept. 13, 2020), https://blog.ipleaders.in/forensic-science-criminal-law/
- Dr. Raghu G Anand, Importance of Forensic Science in Law Domain, 6 JETIR 30, 31 (2019), https://www.jetir.org/papers/JETIREV06005.pdf
- Dr. Shivalingappa S. Angadi, Dr. Theju Kumar, Development of Forensic Science and Criminal Prosecution in India: Progress, Challenges, and Future Directions, 9 IJNRD a396, a397 (2024), https://www.ijnrd.org/papers/IJNRD2401046.pdf
- Dr. Raghu G Anand, Importance of Forensic Science in Law Domain, 6 JETIR 30, 31 (2019), https://www.jetir.org/papers/JETIREV06005.pdf
- John Alldredge, The "CSI Effect" and Its Potential Impact on Juror Decisions, 3 Research Journal of Justice Studies and Forensic Science 115 (2015), https://scholarworks.sjsu.edu/cgi/viewcontent.cgi?article=1027&context=themis#:~:text=The%20%E2%80%9CCSI%20Effect%E2%80%9D%20was%20first,the%20conviction%20or%20acquittal%20process.
- Dr. Shivalingappa S. Angadi, Dr. Theju Kumar, Development of Forensic Science and Criminal Prosecution in India: Progress, Challenges, and Future Directions, 9 IJNRD a396, a397 (2024), https://www.ijnrd.org/papers/IJNRD2401046.pdf
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