Admissibility And Evidentiary Weight Of Ballistic Forensics
- IJLLR Journal
- Oct 14
- 2 min read
Shreya Kshirsagar, B.A., LL.B (Hons.), Maharashtra National Law University Mumbai
Introduction - Ballistic Forensics as part of Expert Evidence
Evidence is a mode of ascertaining the truth. According to section 60 of Indian Evidence Act, 1872 (hereinafter “IEA”), direct evidence by a witness should refer to a fact what has been seen, heard or perceived by any other organs or by any other means or manner. To draw the conclusion from the set of facts is within the domain of the court. However, there are situations when the court is unable to draw its conclusion on certain subject when are beyond the common knowledge and experience. Since some subject requires special studies, rule has been relaxed and provision have been made under section 45 of IEA, 1872 to admit the opinion of the Expert which is simply conclusion drawn from a set of facts coming to his knowledge and observation. The same has been retained in section 39 of Bharatiya Sakshya Adhiniyam, 2023 (hereinafter “BSA”) which states:-
“39. (1) When the Court has to form an opinion upon a point of foreign law or of science or art, or any other field, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or any other field, or in questions as to identity of handwriting or finger impressions are relevant facts and such persons are called experts.”
The scope of this section is very broad and the word science should be construed wide enough to incorporate at intervals its compass the opinion of a professional in every branch of those subjects and should therefore take under its ambit the Forensic Ballistics. The opinion furnished by experts are called expertise. The pertinent questions that need to be considered in respect of an expert evidence are three-fold (a) Whether the subject, upon which the opinion of an expert has been obtained, is such that it is beyond the common experience of men/women ? (b) What are the qualifications necessary to entitle a witness to testify as an expert? (c) Has the witness those necessary qualifications in order to rate him as an expert? The first two questions are matters of law and third is a matter of fact.
