Forensic Science In India: A Constitutional Perspective
- IJLLR Journal
- Jan 10, 2025
- 1 min read
Sneha VS, LLM, (Criminal Law), Government Law College, Ernakulam
ABSTRACT
This paper explores the intersection of constitutional law and forensic science in the Indian legal framework, emphasizing the role of constitutional principles in shaping the ethical and lawful application of forensic techniques. It examines key constitutional provisions, such as Article 20(3), which protects against self-incrimination, and Article 21, which guarantees the right to privacy and protection from torture, as foundational safeguards in criminal investigations. Judicial interpretations, including landmark cases like Selvi v. State of Karnataka and K.S. Puttaswamy v. Union of India, have reinforced these rights while addressing the admissibility and ethical implications of advanced forensic methods like DNA analysis, narco- analysis, and polygraph tests. The paper highlights how forensic evidence must align with constitutional mandates to ensure fairness and uphold human dignity, particularly in the face of evolving technologies. It also discusses the challenges of balancing the need for efficient evidence collection with individual liberties, underscoring the importance of judicial oversight, informed consent, and strict adherence to legal and ethical norms. By integrating constitutional safeguards with forensic practices, the criminal justice system can enhance its credibility and effectiveness, ensuring that justice is both scientifically sound and constitutionally compliant. The study concludes by advocating for ongoing reforms to address gaps in legal frameworks and promote the responsible use of forensic science in alignment with constitutional values.
