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The Admissibility Of The Forensic Evidence In The Indian Criminal Court - A Question On Its Reliability


 


Vishal Patel, B.B.A. LL.B. (H), Department of Law, School of Legal Studies, Babasaheb Bhimrao Ambedkar University, Lucknow


ABSTRACT


There is no question that the forensic science in the field of criminal law is not less than a boon. It has provided multiple tools for an investigating authority to reach the conclusion of the any criminal investigation. Forensic Science is branch of the science which work law to analyse the evidence or find new evidence which can’t be easily retrieve without the help of scientific intervention. And any evidence which is retrieved through or any evidence which were analysed by forensic science can be termed as Forensic Evidence. These evidences are admitted on the court with forensic expert opinion. But the recent trends questioned about the reliability of these evidence in the eye of the court. These trends pointed that the forensic evidence cannot be reliable for holding any individual liable for any criminal liability.


This paper discusses the admissibility and credibility of forensic evidence in the Indian legal system, it also highlights the provisions established under the Bharatiya Sakshya Adhiniyam, 2023, and also the difficulties encountered in upholding its reliability. It also discusses major factors influencing reliability, such as improper evidence handling, lack of standardized protocols, and cognitive biases among forensic professionals.


The paper also discusses the evolution of forensic science from its early roots to contemporary methods such as DNA typing and artificial intelligence- based crime analysis. In an attempt to promote the credibility of forensic evidence, the paper identifies repeatability and reproducibility as essential, and proposes steps such as common training schemes, the adoption of advanced technologies, and worldwide standardization of forensic methods.


The paper concludes with recommendations for improving forensic science, including better training, stricter protocols, and increased collaboration with international forensic bodies.


Keywords: Forensic Evidence, Reliability, Indian Criminal Justice System, Admissibility, Forensic Science.





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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