Key Case Laws and Rules of Evidence in Forensic Science: An Indian

Forensic science plays an increasingly pivotal role in the Indian legal system, providing scientific evidence that assists courts in reaching decisions on criminal matters. Recent legal reforms, such as the Bhartiya Sakshya Adhiniyam (BSA) and Bhartiya Nagarik Suraksha Sanhita (BNSS), alongside established laws like the Indian Evidence Act and CrPC, continue to shape the admissibility, evaluation, and interpretation of forensic evidence. This evolving framework strengthens the role of forensic science in ensuring the integrity of criminal investigations and trials.

Here are some important Indian case laws and rules of evidence related to forensic science:

Key Case Laws in Forensic Science in India

Kishore Chand v. State of Himachal Pradesh (1991)

Key Principle: In this case, the Supreme Court of India emphasized the importance of the chain of custody and proper documentation in forensic evidence. It ruled that the integrity of forensic evidence must be maintained from the crime scene to the court to ensure its admissibility.
Impact on Forensic Science: The case reinforced the importance of establishing a proper chain of custody and documentation of forensic evidence to avoid tampering and ensure reliability.

2. Murugan v. State of Tamil Nadu (2011)

Key Principle: This case underscored the use of DNA profiling in criminal cases. The Supreme Court upheld the conviction based on DNA evidence, noting its reliability in conclusively determining biological relationships and involvement in the crime.
Impact on Forensic Science: DNA evidence was recognized as highly credible and scientifically sound, strengthening its role in the criminal justice system.

3. Selvi v. State of Karnataka (2010)

Key Principle: This case addressed the admissibility of narco-analysis, brain-mapping, and polygraph tests. The Supreme Court held that such techniques violate the right against self-incrimination under Article 20(3) of the Indian Constitution and cannot be forcibly administered. However, the results of these tests may be used as supportive evidence if conducted with the individual’s consent.
Impact on Forensic Science: While scientific methods like narco-analysis and brain-mapping provide investigative leads, their use as direct evidence remains limited due to concerns regarding constitutional rights and voluntariness.

4. State of Gujarat v. Kishanbhai (2014)

Key Principle: In this case, the Supreme Court stressed the proper handling of forensic evidence and emphasized the need for accurate and prompt forensic examination in criminal cases. The court criticized lapses in the investigation, including the improper use of forensic reports.
Impact on Forensic Science: It highlighted the necessity of meticulous forensic investigations and the timely delivery of forensic reports to uphold the integrity of evidence in criminal trials.

5. Maneka Gandhi v. Union of India (1978)

Key Principle: Though not directly related to forensic science, this case emphasized the importance of due process of law and personal liberty under Article 21 of the Constitution. In forensic contexts, it reinforces the need to ensure that forensic techniques and the use of scientific evidence respect constitutional protections of personal liberty.
Impact on Forensic Science: It underlines that any forensic procedure or evidence collection must be carried out in a manner that adheres to due process, upholding the rights of individuals involved in criminal cases.

Key Rules of Evidence for Forensic Science in India

Indian Evidence Act, 1872 (Section 45)

Section 39 to 45 of Bharatiya Sakshya Adhiniyam,2023 (BSA) deals with the opinion of third persons and makes them a Relevant Fact,which are discussed as under:-
Opinion of Experts -Section 39(1)
Opinion of Examiner of Electronic Evidence- Section 39(2)
Opinion as to handwriting-Section 41(1)
Opinion as to electronic signature -Section 41(2)
Opinion as to existence of right or custom-Section 42
Opinion as to usages, tenets, etc -Section 43
Opinion on relationship -Section 44

2. BNSS

The BNSS replaces the Criminal Procedure Code (CrPC), 1973 and introduces modernized provisions for criminal investigations, including the collection and admissibility of forensic evidence.
Like the CrPC, the BNSS mandates the use of scientific tools, such as DNA profiling and chemical analysis, for investigative purposes. Section 53 of the BNSS continues to allow for the medical examination of the accused, while Section 164A addresses the examination of survivors of sexual assault, incorporating forensic techniques like DNA analysis.
Impact on Forensic Science: The CrPC mandates the use of scientific tools such as DNA profiling, medical examinations, and chemical analysis to strengthen investigations and ensure accurate evidence collection.

3. DNA Technology (Use and Application) Regulation Bill, 2019

Key Principle: This proposed bill seeks to regulate the use and application of DNA technology for establishing the identity of individuals in criminal and civil cases. It provides for the creation of a DNA data bank and lays down rules for the collection, storage, and analysis of DNA samples.
Impact on Forensic Science: If enacted, this bill will enhance the reliability and scope of DNA evidence in India by creating a regulatory framework, ensuring that DNA evidence is collected ethically and used responsibly.

4. National Accreditation Board for Testing and Calibration Laboratories (NABL)

Key Principle: For forensic evidence to be credible, it must be tested in laboratories accredited by the NABL. This ensures that the forensic tests are conducted following international standards.
Impact on Forensic Science: The accreditation of forensic labs ensures the quality and reliability of forensic evidence presented in Indian courts, providing confidence in the forensic analysis used in trials.

5. Digital Evidence and the Information Technology Act, 2000

Key Principle: As cybercrime has risen, digital forensic evidence has become increasingly important. The Information Technology Act, 2000, along with provisions in the Indian Evidence Act, addresses the admissibility of digital evidence, such as emails, electronic records, and data retrieved from electronic devices.
Impact on Forensic Science: The recognition and admissibility of digital evidence have enhanced the scope of forensic science in tackling cybercrimes and other technology-related offenses in India.

Challenges and Future Directions

While forensic science is a powerful tool for ensuring justice, challenges such as lack of infrastructure, delays in forensic testing, and insufficient trained personnel often hamper its effectiveness in India. Addressing these challenges through reforms, increased investment in forensic technology, and capacity-building initiatives will strengthen the role of forensic science in the Indian judicial system.

The development of forensic science in India is closely linked with the evolving legal landscape. Key case laws and rules of evidence have shaped the admissibility and evaluation of forensic evidence, ensuring that it remains reliable, credible, and constitutionally sound. With ongoing advancements in technology and a growing reliance on scientific evidence in criminal investigations, forensic science will continue to play a vital role in the pursuit of justice in India.