Soham K. Luthra, Student, Jindal Global Law School, LLB Candidate (2022)
ABSTRACT
This paper attempts to analyze the field of forensic ballistics, and critically examine its evidentiary value under Section 45 of the Indian Evidence Act, 1872. The first part of this paper analyses the scope of Section 45, and the judicial treatment of forensic ballistics by the Courts in India. Subsequently, this paper summarizes the position with respect to the admissibility of forensic ballistics as evidence in the United States. This is followed by an examination of the literature associated with forensic ballistics, based on which this paper highlights that majority of the western methods adopted by forensic scientists, as applicable to standardized weapons, cannot be applied to Indian country made firearms – the most common weapon used to commit crimes in India. Consequently, this paper concludes that the probative value accorded to forensic ballistics in India requires reconsideration, and needs to be brought to a standard similar to the ‘Daubert standard’, as applied in the United States.
Keywords: Indian Evidence Act, 1872, forensic ballistics, expert opinion, admissibility.
