Examining Institutional Loopholes In The Adducing Of Forensic Evidence: A Critical Legal Analysis
Sayana Johnson, LL.M., Bharata Mata School of Legal Studies, Aluva, Kerala, India
ABSTRACT
Forensic evidence plays an important role in the administration of criminal justice by assisting investigating agencies and courts in establishing facts through scientific methods. The effective use of such evidence depends upon its proper collection, preservation, examination and presentation before the court. However, institutional deficiencies at various stages of the forensic process may affect the reliability, integrity and evidentiary value of forensic material. This article critically examines the institutional loopholes involved in the adducing of forensic evidence within the criminal justice system. It focuses on deficiencies relating to the collection and preservation of forensic material, improper packaging, sealing and labelling, delays in forensic examination, inadequate forensic infrastructure and weaknesses in maintaining the chain of custody. The study also examines the risks of contamination and human error during the handling, transportation, examination and interpretation of forensic evidence. Particular attention is given to the responsibilities of investigating officers, forensic laboratories and other institutional stakeholders in maintaining the integrity and reliability of forensic evidence throughout the investigative and judicial process. The article further considers the role of courts in assessing forensic evidence and the role of the defence in challenging its reliability where procedural safeguards have not been properly followed. By adopting a doctrinal and analytical approach, the study identifies the major institutional gaps that may undermine the effective use of forensic evidence in criminal proceedings. It concludes by suggesting measures to strengthen forensic infrastructure, professional training, procedural safeguards, quality control mechanisms and institutional accountability to ensure the reliable and effective use of forensic evidence in the administration of criminal justice.
Keywords: Forensic Evidence; Institutional Loopholes; Chain of Custody.
