Indentation Mark Evidence In Indian Criminal Trials: Admissibility, Reliability, And Judicial Evaluation
- IJLLR Journal
- 33 minutes ago
- 2 min read
Vaanadhi. V, LL.M. (Crime & Forensics Law), SOEL (School of Excellence in Law), The Tamilnadu Dr. Ambedkar Law University
ABSTRACT
Indentation mark evidence is considered a crucial element in forensic toolmark examination and has grown in significance in a variety of criminal cases, including property crimes, violent crimes, and forgery. However, in Indian courts, where the problem of indentation marks is treated haphazardly and frequently inconsistently, its significant significance in crime scene reconstruction and connecting equipment to criminals is still up for question. In the context of the evolving Indian criminal justice system, particularly under the Bharatiya Sakshya Adhiniyam (BSA), 2023, this study offers a thorough doctrinal and forensic examination about the admissibility, reliability, and judicial appraisal of the evidence of indentation marks. Using the most advanced forensic methods, the study establishes the scientific foundation for the creation, categorisation, and comparison of markings. The legal framework that must be updated for the admission of such evidence is then covered, with particular attention on Sections 39, 40, and 63 of the BSA, 2023 as well as key court rulings that establish the requirements for expert testimony in India. To highlight the common issues with the fundamental subjectivity and uncertainty in toolmark analysis, a comparison with the U.S. and U.K. jurisdictions is conducted. The study highlights a number of important issues related to examiner bias, methodological constraints, the lack of standardised procedures, and the risk of experts exaggerating their findings. The study highlights the urgent need for unified guidelines, improved forensic training, laboratory accreditation as a requirement, and the development of judicial understanding as the next steps to address the issue by identifying the significant gaps in scientific validation and the judicial examination. In order to bring Indian criminal trials into compliance with international standards and the fundamental tenets of a fair trial and due process, the paper concludes with some strategic recommendations aimed at enhancing the evidentiary value, procedural rigour, and scientific reliability of indentations.
Keywords: Indentation Marks, Toolmark Evidence, Forensic Science, Bharatiya Sakshya Adhiniyam (BSA), Expert Testimony, Criminal Trials, Judicial Evaluation, Admissibility, Reliability.
