CHAPTER-1

Introduction:

"Every contact leaves a trace"

was formulated by Dr. Edmond Locard (1877–1966) the basic principle of forensic
science. It is generally understood as "with contact between two items, there will be an
exchange”. This principle expressed as Wherever he steps, whatever he touches, whatever he
leaves, even unconsciously, will serve as a silent witness against him. This evidence does not
‘forget ’as it is factual. This Physical evidence cannot be wrong, it cannot perjure itself, it
cannot be wholly absent.

The National Institute of Justice (NIJ) seeks to further its mission by sponsoring
research that will provide “objective, independent, evidence-based knowledge and tools to
meet the challenges of crime and justice, particularly at the State and local levels.” It has been
over twenty-five years since NIJ sponsored research to examine the utilization of all forms of
scientific evidence in the criminal justice system. During those twenty-five years, the forensic
sciences have made dramatic scientific breakthroughs (DNA typing, physical evidence
databases, related scientific instrumentation) that, due to limited resources, are not utilized in
most criminal investigations. There have been more targeted studies of DNA testing and its
costs and effects upon the solution of cold cases and property crimes, but no studies
examining the full array of physical evidence and the processing of cases though the criminal
justice process.

Forensic science is an investigation technique based in technology that facilitates the

logical and rational resolution of complex problems. It involves the use of many procedures,
including DNA Profiling, Narco tests, Fingerprint tests, Blood tests, and Hair tests, in order
to get crucial evidence against the defendant.

With its application in investigations and legal proceedings, forensic science has
been recognized as an essential part of the criminal justice system in India. However, there
exist challenges that affect forensic science's effectiveness and reliability in the Indian
criminal justice system, even though its significance is acknowledged. Such challenges
include matters pertaining to regulations, infrastructure, training, and the legal admissibility
of forensic evidence.

While focusing on the role of forensic evidence in the criminal justice delivery
system, it is used as an influential instrument to inspect crimes and suspects so that cases are
resolved as per authentic evidence and no innocent is punished. In India, there are numerous
laboratories specialized for collecting evidence from crime scenes that employ physical,
chemical, biological, and digital sciences to analyse the substances at hand. Scientists at the
forensic science lab analyse DNA, fingerprints, handwriting, firearms, bullets, and other
materials. They also examine Fibers, Liquids, Glass, and other materials including digital
evidence.

The National Institute of Justice (NIJ) seeks to further its mission by sponsoring
research that will provide “objective, independent, evidence-based knowledge and tools to
meet the challenges of crime and justice, particularly at the State and local levels.” It has been
over twenty-five years since NIJ sponsored research to examine the utilization of all forms of
scientific evidence in the criminal justice system. During those twenty-five years, the forensic
sciences have made dramatic scientific breakthroughs (DNA typing, physical evidence
databases, related scientific instrumentation) that, due to limited resources, are not utilized in
most criminal investigations. There have been more targeted studies of DNA testing and its
costs and effects upon the solution of cold cases and property crimes, but no studies
examining the full array of physical evidence and the processing of cases though the criminal
justice process.
 During the criminal incidences the trials are mainly related with materials and
indirectly through places, materials with people, time. Even the investigating officer plays a
vital role in collecting all the related evidences without any delay, but the success or the
failure of the forensic science application during the process of any criminal case only
happens when the relevant evidences are not collected on time and properly or exhibits get
contaminated or samples are not provided correctly for the comparison then the findings will
not be accurate or can be useless.

Courts of law are more likely to accept evidence and proofs that are collected,
examined, and produced using forensic techniques. Expert testimony provides forensic
evidence, which is more reliable and authentic when utilized as proof in court. The Indian
Forensic Organization (IFO), which handles criminal forensic investigations nationwide, is in
charge of controlling the function of forensic evidence in India's criminal justice delivery
system. However, the Supreme Court has dismissed the forensic scientific methods'
investigations, citing Article 20(3) of the Indian Constitution as justification. The
employment of forensic science to an investigation violates an individual's fundamental right
to be free from coercion to implicate themselves, as guaranteed by the article.

Thus, the use of forensic investigations gets restricted in India as many complications
are associated with the acceptance of forensic evidence. The current situation provides vital
details about the concept of criminalistics/forensic science as well as the criminal justice
system. The study also offers important information on the function and significance of
forensic evidence as well as the legal laws that support up the criminal inquiry.

In 2006, the National Institute of Justice funded a project that intended to improve
forensic science through addressing four main goals. These included describing and
cataloging the various types of evidence that were collected during crime scenes, maintaining
a system that could monitor the use and erosion of forensic evidence, including laboratory
analysis and justice processes, calculating the percentage of crime scenes where one or more
forensic evidences are collected, and classifying and categorizing frequently occurring forms
of forensic evidence that contributed to successful case outcomes.

Narejo & Avais, (2012) examined that forensic science or criminalistics is the
application of scientific methods in criminal laws. It includes applying knowledge and
technology in legal matters. Forensic Science includes using advanced technology such as
DNA profiling, computer science, and engineering for the criminal investigation process by
the police. For instance, physics science is used to identify the outline structure of the blood
scatter, whereas biology science is used identity to the imprints of the suspect, and chemistry
is used to recognize the chemical composition of drugs.

However, the application of forensic science in a criminal investigation in the Indian

criminal justice system is limited and underestimated. Forensic science was primarily used by
Sir William Herschel in the form of fingerprinting to identify the suspects of the crime. The
fingerprint evidence was firstly accepted by the Court of Argentina in the 1890 era and then
by English Court in the year 1902.Forensic science is included in the Indian criminal justice
system since ancient times for inspecting the cases and verifying the crime facts. Forensic
science helps the investigators to find evidences against the culprits and strengthen the Indian
Legal system by providing authentic proofs.

Objective of the study:

• To understand the contribution of forensic evidence in criminal justice system in India

• To Investigate the Impact of Forensic Evidence on Judicial Decision-Making

• To study the admissibility of forensic evidence in criminal cases

 • To develop an understanding of how forensic evidence is perceived and employed by
prosecutor and defense attorneys in handling of criminal court cases

Significance and utility of the study:

The study discussed facts related to criminalistics/forensic Science and the role of
forensic evidence in the criminal justice delivery system. The study examined that forensic
evidence helps in investigating crime cases.

The implementation of forensic evidence in criminal trials helps in resolving critical

cases logically and rationally. However, the use of forensic evidence is limited in the Indian
legal system owing to restriction related to the provision of Articles 20 (3) of the Indian
Constitution. It reduces the use of forensic evidence in the criminal proceedings in India
increases the trial duration of the case. Therefore, an organization such as Indian Forensic
Organization (IFO) has been set by the governing body so that there is standardization in the
forensic investigation process. It will strengthen the use of forensic evidence and the
investigation process in resolving criminal cases in India

The project discusses facts related to the role of forensic science in the Indian criminal
justice administration and identified the reasons behind its limited role in the Indian Legal
system. It is found that even though there has been tremendous technological advancement in
the scientific era in India, the use of forensic science in Indian criminal justice remained
restricted.

This study can be utilized by

o Students of law
 o Teachers
o Practicing lawyers who have common interest in criminal trial with
requirements of forensic evidence i.e. Prosecutor and Defendant
o Judges
o Utilized to make aware the common people at large, as they are lacking
knowledge regarding role of forensic evidence in criminal trials.
o The current study examines the criminal justice system in India and provides
learning about different forms of evidence as per IEA 1872.

Hypothesis:

• The admissibility of certain forensic evidence may face challenges in Indian courts,
for want of clear guidelines and standards for ensuring its acceptance during trials.

• forensic evidence plays a pivotal role in preventing wrongful convictions by

providing objective data that can corroborate or challenge other pieces of evidence
presented during a trial.

Scope of the study:

The study provides in-depth knowledge of the significance of forensic evidence in

Indian criminal trials as well as the limitations placed on its application in Indian legal
proceedings. The research includes the facts regarding the legal provisions that support the
criminal investigation and comparative analyses of the criminal justice systems of other
nations. The scholars and researchers working on related subjects will find the current
research useful.
Basic Concepts:

Evidence

section 3 of The Evidence Act, defines evidence in the following words-

Evidence means and includes-

1. All the statements which the court permits or requires to be made before it by
witnesses, in relation to matters of fact under enquiry; such statements are called
Oral evidence

2. All the documents including electronic records produced for the inspection of the
court; such documents are called documentary evidence

Physical Evidence:

Physical evidence is evidence that can be seen, held or observed in a crime scene.

Forensic science:

Forensic science is a scientific discipline that involves the use of scientific methods
and processes to investigate crimes. It is important because it enables forensic scientists to
examine and analyse evidence from the crime scene and use it to understand how the criminal
committed the act and what their motive might have been. Through their investigative,
forensic work, they may be able to come up with leads that can assist the police in catching
the culprit. It's a multidisciplinary field that involves analysing physical evidence like DNA,
fingerprints, and trace materials to uncover facts for legal proceedings.

Forensic evidence:
 Forensic evidence is evidence obtained by scientific methods such as ballistics, blood
test, and DNA test and used in court. Forensic evidence often helps to establish the guilt or
innocence of possible suspects.

Forensic laboratories:

The main function of forensic science laboratories is to provide an unbiased scientific

opinion on the different types of evidential material referred to them by the investigating
agencies and in turn, help the judiciary. This evidence acts as mute witnesses against the
perpetrators and are impartial.

Investigation:

According to, Section-2(h) of CRPC 'Investigation' includes all the proceedings under
this Code for the collection of evidence conducted by a police officer or by any person (other

than a Magistrate) who is authorised by a Magistrate in this behalf.

Scheme of the study:

Chapter I: Introduction

This chapter include introduction of the research, objectives and hypothesis of the
study, significance and utility of the study, scope of the study, the basic concept related to
forensic science and evidence and literature review related to the research role of the forensic
science in criminal adjudication in India.

Chapter 2: Basic Concepts related to Forensic Evidence

 This chapter covers the definition of physical evidence, forensic science, and
evidence. It also discusses the important role of forensic evidence for serious crimes, its
collecting, preservation, and processing, the function of laboratories in examining forensic
evidence, and more.

Chapter 3: Role of Forensic Evidence in Criminal Adjudication

This chapter deals with role played by forensic evidence and forensic experts in
criminal adjudication, perspective view of petitioner, respondent and judge, legal framework
related to admissibility of forensic evidence, landmark cases on admissibility of evidence.

Chapter4: Data analysis

This chapter deals with data analysis of survey by questionnaire for data analysis by
advocates who are practicing in criminal cases. The knowledge about forensic evidence and
their suggestions on the role of forensic evidence in criminal investigations and trials in the
court also included in this chapter.

Chapter 5: Conclusion and Suggestion

This chapter deals with the summary of the study. The chapter will also provide
suggestion for future action to improve the effectiveness of forensic evidence in India,
including the need for increased awareness, better law enforcement, and improved
preservation of collected evidence.

Methodology:
The study will be carried out adopting doctrinal and non-doctrinal methods.

For doctrinal study, the source material is collected from the secondary sources.
Relevant statutes, published books by eminent authors, case laws, articles published in
journals- Indian and Foreign, judgements of courts and materials collected from various
International Conventions and Treaties is been referred.
 The objectives for non-doctrinal study is achieved by following the below mentioned
methodology:

• Population: Criminal Advocates practicing in Surat District

• Sampling: Technique: Non-Probability Sampling Technique and Purposive Sampling
Method is adopted to conduct the study.
• Sample size: 100
• Sampling Tool: Questionnaire
• Analysis of Data: Percentage and frequency method

Literature review:
Forensic evidence field guide: Peter W. Prefferli

The weakest chain in the field of forensic evidence still is and will always the
crime scene instigation- in term of evidence management, assessment and evidence
dealing. Therefore, forensic crime scene work goes beyond choosing from a
predefined set of solutions. The major challenge to cope with is that you have one and
only one chance to succeed. Consequently, it is not surprising that the quality focus of
modern forensic science is in particular toward the work done in the field.

Forensic evidence management from the crime scene to courtroom by Ashraf Mozyani &
Casie Parish Fisher

The author talks about the how evidence are collected and preserve so that
evidence can not be misuse. They also says that evidence management has crucial component
for the law enforcement community.as technology and technical applications continues to be
advance, the undertaking at crime scene have become even more critical. Criminal
investigators must ensure evidence is properly documented, collected, packaged or stored in a
manner that maximize the ability of laboratories to glean meaningful evidence.