The integration of forensic science into India's legal system represents a
fascinating journey that spans centuries, reflecting the nation's evolving
approach to criminal justice. This article explores the historical development
of forensic science in India, tracing its roots from ancient times to the modern
era, and examining how it has shaped the country's legal landscape.
Ancient Foundations
The concept of using scientific methods to solve crimes can be traced back to
ancient Indian texts. The Arthashastra, written by Kautilya in the 4th century
BCE, mentions various techniques for detecting poisons and identifying forged
documents. Similarly, the Manusmriti, an ancient legal text, describes methods
for verifying the authenticity of contracts and identifying suspects through
physical evidence.
Colonial Era Developments
The modern foundations of forensic science in India were laid during the British
colonial period. In 1861, the Indian Penal Code was enacted, which provided a
legal framework for the use of scientific evidence in criminal proceedings. The
Chemical Examiner's Laboratory, established in Madras (now Chennai) in 1849, was
one of the first institutions to conduct forensic examinations in India.
A significant milestone came in 1897 with the establishment of the
Anthropometric Bureau in Calcutta (now Kolkata) by the Bengal Police. This
bureau, inspired by the work of Alphonse Bertillon in France, introduced
scientific methods of criminal identification, including anthropometry and
fingerprinting.
Post-Independence Era
After India gained independence in 1947, there was a renewed focus on developing
indigenous forensic capabilities. The Central Forensic Science Laboratory (CFSL)
was established in Calcutta in 1957, marking a significant step in centralizing
and standardizing forensic services in the country.
The 1960s and 1970s saw the expansion of forensic facilities across India. State
Forensic Science Laboratories were set up in various regions, and specialized
units for ballistics, document examination, and toxicology were established. The
Government Examiner of Questioned Documents (GEQD) office, founded in 1906,
continued to play a crucial role in document examination cases.
Legal Recognition and Codification
The Indian Evidence Act of 1872, amended several times post-independence,
provided the legal framework for the admissibility of scientific evidence in
courts. Section 45 of the Act recognizes the importance of expert testimony,
including that of forensic scientists, in legal proceedings.
The Code of Criminal Procedure (CrPC), 1973, further strengthened the role of
forensic evidence in criminal investigations. Sections 53 and 54 of the CrPC
empower investigating officers to conduct medical examinations and collect
scientific evidence from suspects and victims.
Technological Advancements and Specialization
The late 20th century witnessed rapid advancements in forensic technology. DNA
profiling, introduced in India in the 1980s, revolutionized criminal
investigations. The Centre for DNA Fingerprinting and Diagnostics (CDFD) was
established in Hyderabad in 1996, becoming a pioneer in forensic DNA analysis in
the country.
Other specialized fields like digital forensics, forensic psychology, and
forensic accounting began to emerge, reflecting the changing nature of crime in
the modern era. The Cyber Forensics Laboratory, set up by the Central Bureau of
Investigation (CBI) in 2003, marked India's entry into the field of digital
crime investigation.
Landmark Cases and Judicial Recognition
Several high-profile cases in India have highlighted the importance of forensic
evidence. The Tandoor murder case (1995), where forensic odontology played a
crucial role, and the Aarushi Talwar murder case (2008), which involved
extensive forensic analysis, brought forensic science into the public spotlight.
The Supreme Court of India has, in various judgments, emphasized the
significance of forensic evidence. In Dharam Deo Yadav v. State of Uttar Pradesh
(2014), the Court stressed the need for proper collection and preservation of
forensic evidence to ensure justice.
Challenges and Reforms
Despite significant progress, forensic science in India has faced challenges.
Issues such as lack of adequate infrastructure, shortage of trained personnel,
and delays in forensic analysis have hampered the effective use of scientific
evidence in courts.
To address these challenges, the government has initiated several reforms. The
Directorate of Forensic Science Services (DFSS) was established in 2002 to
modernize forensic facilities and standardize procedures across the country. The
National Forensic Sciences University, set up in 2020, aims to address the
shortage of qualified forensic experts.
Recent Developments and Future Prospects
In recent years, India has seen a growing emphasis on leveraging technology in
forensic investigations. The Crime and Criminal Tracking Network and Systems (CCTNS)
project, launched in 2009, aims to create a comprehensive and integrated system
for effective policing through e-Governance.
The draft DNA Technology (Use and Application) Regulation Bill, which has been
in discussion since 2003, represents an attempt to create a legal framework for
the use of DNA technology in the justice system. If passed, it could
significantly enhance the role of DNA evidence in criminal investigations.
Conclusion
The evolution of forensic science in India's legal system reflects a journey
from ancient wisdom to modern scientific methodologies. While challenges remain,
the increasing integration of forensic evidence in legal proceedings signifies a
progressive shift towards a more scientific approach to criminal justice. As
India continues to invest in forensic infrastructure and expertise, the role of
forensic science in ensuring fair and accurate legal outcomes is likely to grow,
shaping the future of the country's criminal justice system.
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