Evidentiary Value Of Forensic Expert Opinion Under Section 45 Of The Indian Evidence Act, 1872
Yashika Duhan, Symbiosis Law School, Pune
Chirag Singh, Panjab University, Chandigarh
ABSTRACT
The increasing reliance of forensic science in the investigation of crimes has transformed the evidentary system of Indian courts. Experts opinion is recognized in Section 45 of Indian Evidence Act, 1872 as relevant matters involving issues related to science, art, handwriting, fingerprints, and medical jurisprudence. Nevertheless, the Indian courts have constantly ruled that the opinion given by forensic experts is only advisory and not decisive evidence. The paper critically evaluates the admissibility and the evidentiary value of forensic expert opinion based on Section 45 of the statutory interpretation, judicial precedents and socio legal analysis. It also assesses several key areas of forensic science such as handwriting analysis, fingerprint identification, DNA profiling, ballistic analysis and medical evidence as well as considering constitutional restrictions on privacy rights, right against self-incrimination and procedural fairness. The paper identifies institutional challenges like infrastructural deficiency, risks of contamination, judicial scepticism, and institutional biasness. It proposes an alternative evidentiary model whereby diverse weight can be assigned to the various forensic methods in accordance to their scientific reliability while strengthening procedural safeguards and forensic governance.
Keywords: Forensic science, expert opinion, Section 45, Indian Evidence Act 1872, admissibility of evidence, evidentiary value, handwriting analysis, fingerprint identification, DNA profiling, ballistic analysis and medical evidence, right to privacy, right against self-incrimination.
