Importance of Forensic Examination in Legal Proceedings

In the case of a crime, police officers, detectives, investigators and forensic technicians are deployed to the scene of the criminal event. They collect evidence that is processed and analyzed in the forensic lab, and then in the form of results or opinions that are presented to the court. So forensic science also saves the innocent. The emergence of DNA technology as a method of forensic science provides investigators with a huge amount of information that allows them to find the suspect based on the evidence he left at the crime scene. In criminal proceedings, a violation of rights is also possible. The protection of violations of fundamental human rights in proceedings before the criminal courts is ensured by the Constitutional Court under a special procedure of the Constitutional Court. The protection of rights and freedoms in the event of infringements in criminal proceedings takes place and is referred to the Court of Justice of the European Communities. The European Court of Justice and the Constitutional Court decided on the testing process conducted as a whole, so that it is possible that there was a violation of the law at some point in the proceedings, but was later removed from the remaining conclusion that the trial as a whole was still fair. In a world without forensic science, murderers, thieves, drug dealers and rapists would flee unscathed. The importance of forensic evidence in court cannot be overstated, as it is often the key to proving that a person is guilty or innocent of the acts for which they have been charged. Molecular biology tools now allow forensic pathologists to characterize biological evidence at the DNA level [13].

These DNA typing techniques and their genetic markers are more sensitive, specific and informative than the available battery of protein markers. Currently, methods available to the medical examiner include restriction fragment length polymorphism (RFLP) typing of the variable number of tandem repeat loci (VNTR) and amplification of the number of target DNA molecules by polymerase chain reaction (PCR) and subsequent typing of specified genetic markers. Any material, including a hair follicle, that may contain nucleated cells can be typed for DNA polymorphisms. There are some reports of successful DNA typing of hair, but this hair usually contains vaginal material. However, telogen phase hairs contain very little DNA, so most DNA markers cannot be detected even with PCR. Forensics is a scientific discipline that systematically researches and applies scientific methodology to detect, investigate and determine crimes. Forensics is a scientific discipline that could be defined in the same way, but with the note that forensics involves people who have basic criminal training and forensic professionals who have specific expertise and skills. When investigating a murder, a criminal lawyer can only die, and a forensic expert must prove the facts associated with a fatal outcome. For example, murder investigates by poisoning. An experienced toxicologist can clarify several important facts, including the most important ones, what type of poison was used, and when there was a death. These are facts of exceptional importance to criminal proceedings, and the sentence imposed on an offender depends on these facts.

The toxicologist is therefore an expert who has particular expertise in detailing specific facts of exceptional importance for criminal proceedings. Another area of forensic evidence lies in the circuits of our phones and computers. Those who commit cybercrimes leave traces of their activities in databases and documents scattered throughout the digital world. Computer forensics know how to sort through information to uncover the truth. There were repeated concerns that the forensic evidence presented in court violated fundamental provisions of the law. According to Article 20 (3) of the Constitution of India, any person accused of criminal conduct shall not be compelled to testify against himself. Many people felt that the use of fingerprints and DNA analysis for verification purposes violated section 20. (3) They argued that asking the accused to give his fingerprints was tantamount to adducing evidence against himself. In the case of State of Bombay v. Kathi Kalu Oghad and Anr. [1961 AIR 1808], the Supreme Court ruled that ordering someone to produce forensic evidence such as fingerprints, blood or capillary semen did not violate the clause of section 20(3). The Honourable Supreme Court upheld the constitutionality of the use of narco-analysis and lie detectors in Ramchandra Reddy and Ors.

v. The State of Maharashtra[1 (2205) CCR 355 (DB)], but most recently in 2006, in Selvi and Ors. c. State of Karnataka and Anr. [(2010) 7 SCC 263] stated that if the person making statements as part of a brain mapping or narcoanalysis test is in a semi-conscious state, they cannot be considered conclusive and therefore cannot be part of the mandatory investigation process. Incognito Forensic Foundation (IFF Lab) is a private forensic laboratory based in Chennai and Bangalore. He has already emerged as a pioneer, although he is very new to the forensic field. With their expertise in criminal investigations, cyber forensics and digital forensics, they are indeed a valuable addition to the country`s forensic field. Their futuristic cybercrime and digital forensics center provides solutions to various segments of society such as law enforcement, private investigators, individuals, businesses, and government.

IFF Lab is also aimed at hesitant people who want to resolve family conflicts but are reluctant to contact the police. Therefore, IFF Lab is particularly useful for businesses and individuals who wish to keep the contentious issue confidential for fear of discredit. These cases include document forgery, identity theft, corporate fraud, paternity disputes, cybercrime, domestic fraud, etc. The department has established a working group of local and state forensic pathologists and a small number of researchers who will lead coordination and collaboration. The National Institute of Justice (NIJ), in collaboration with the Forensic Technology Center of Excellence, has established the Forensic Laboratory Needs – Technology Working Group (FLN-TWG) at RTI International. The TWG-FLN will support NIJ`s mission to improve knowledge and understanding of the forensic technology needs of forensic scientists and criminal laboratories at the federal, state, local and tribal levels. In establishing the TWG-FLN, the ministry relied on input from forensic science stakeholders to develop a means to ensure that the forensic needs of states, local communities and tribes are considered in the ministry`s decision-making. Despite the fact that the use of forensic evidence in the judicial system has increased, its use is still limited in the Indian judicial system. So far, the court has relied heavily on non-forensic and non-scientific evidence to make a decision.

According to a recent investigation by the Supreme Court of India and the Delhi High Court, only 60 to 65 cases are solved with forensic evidence. DNA evidence was used in only about 5% of murder cases and 3% of rape cases. These figures show the lack of scientific evidence in an Indian criminal investigation. Courts have often noted the reasons for their reluctance to use forensic evidence in criminal investigations, including flawed collection, lack of preservation, non-collection of physical evidence, unmaintained chain of custody, and delay in sending tangible evidence for scientific review. Forensic evidence is often used to both convict and acquit defendants (Giannelli 1997). For this reason, the number of criminal laboratories in the world has increased significantly in recent decades (Lappas 1978). Special laws have been enacted in the United States, Canada, the United Kingdom and Australia to improve the medico-legal status so that the crime can be detected with certainty and, consequently, the conviction rate can increase. They attach more importance to fast and quality management of crime scenes. Forensic evidence was originally provided by forensic scientists, although today experts in many fields contribute to extensive forensic work related to family law, immigration and criminal law, whereas any particular discipline could technically be described as « medico-legal ».

Forensic experts testify as experts recruited either by the prosecution or by the defence. Forensic science is the use of science in the study of criminal and civil law, guided by legal criteria of acceptable evidence and criminal procedure.