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Execution Of Forensic Provisions Under The New Criminal Laws: Issues And Challenges




Neelakshi Dwivedi, Central University of South Bihar

Prof. (Dr.) Pawan Kumar Mishra, Central University of South Bihar


ABSTRACT


The Bharatiya Nagrik Suraksha Sanhita (BNSS) and Bharatiya Nyaya Sanhita (BNS) have introduced a transformative shift in India’s criminal justice system, as forensic science playing an important role in improving the evidence-based investigations. Provisions such as Section 176(3) of Bharatiya Nagrik Suraksha Sanhita provides that mandatory integration if forensic experts for the offences punishable with seven year or more, which aims to improve conviction rates, save innocent person from unnecessary bothering and ensure justice. However, various challenges are there, such as inadequate forensic infrastructure, shortage of well qualified experts, and the absence of regulatory monitoring for private forensic laboratories. The lack of a comprehensive definition for “Forensic Expert” and inconsistencies in forensic reports eventually compromises the reliability of evidences. Historical development of forensic science and laws related to forensic science reveals a gradual but slow and uneven evolution of forensic practices in India, incorporated by infrastructural and procedural tailbacks. Drawing insights from various global standards such as the Daubert principle in the U.S. and evidentiary frameworks in the U.K. and Germany to showcase the urgent need for a centralised regulatory authority, more investments in forensic infrastructure, and significant legal reforms. Sinking the tooth into these challenges is necessary for establishing a strong forensic system that upholds accuracy, reliability, and fairness within India’s criminal justice administration.


Keywords: Forensic Science, Criminal Justice System, Centralised Regulatory Authority, Forensic Infrastructure, Global Standards, Legal Reforms.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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