Introduction

The scientific experts’ evidence is more relied on from time to time with the
increasing growth in science and technology. In today’s generation, it is very
often that the court asks for scientific evidence. This scientific evidence comes
as an opinion and is produced in the court, the final decision will always depend
on the judge itself so that the judgment should be impartial in nature.

Everywhere in the world, people are wrongfully convicted of crimes that they
don’t even commit. These convictions which arise can be saved by the forensic
evidence obtained from the crime place with the help of the advice given by the
experts. Thus, the authenticity and admissibility of the forensic evidence are
needed to be addressed. This evidence has a higher value. It can either save a
person or can punish a person by providing evidence for the crime.
Evidence
It is proof which can be any document, pictures, marks, recordings, videos
presented in front of the court to prove a person either guilty or innocent. This
can also be given as a witness. The statements given by the lawyers are not
termed as evidence.

Forensic Science
It is a function in the legal system for having contribution in getting justice in a
criminal procedure. Any evidence which can make investigators identify the
criminal easily amounts to forensic evidence. This can be strands of hair, any
specific mark, fingerprints of any person, etc. The scientists of the forensic help
the police in identifying the criminal by finding the detective details thoroughly
received from the crime scene. They do a lot of research and study the details.

It means that science has been used for the purpose of the law. The science
which is used in forensic determines the nature of evidence, identifying the
DNA match, fingerprints, etc. This evidence can be provided by a scientist who
is excellent in his work and will provide the evidence by examining various
tests in which he is an expert. This forensic evidence is used for criminal
proceedings and also while the investigation goes on. They provide small details
that help the officers-in-charge of the investigation processes. This also helps in
linking crimes and identifying the connection in them by knowing the patterns
of the crime scene and this makes it easier in identifying the suspects.
DNA Testing
DNA stands for DeoxyriboNucleic Acid. DNA is found in all living cells. It is
extracted from bones, hair, blood, urine. It was invented by Swiss Scientist
Friedrich Micscher in 1869. A DNA test is always relied upon because it is
unique and different in every person. This test is done to detect the crime, to
identify and match the parents of the child, etc. This test helps a lot in criminal
cases also where there is a dispute of succession.

The lawyers and judges are not having ample knowledge with the reference to
science and technology and that is the reason why experts are assigned to
conduct the test and give their opinion. This helps the judge in finding the truth
in most criminal cases. Previously there was a problem with respect to who will
evaluate the forensic evidence. Is it the judge or the scientific experts? But
finally, it was concluded that the judges have the power to have the final
discussion, this is because maybe, there is a chance that the forensic evidence
can be conflicted in nature.

How does Forensic Evidence help in Investigations

This evidence provides proof against a person who could have committed the
crime. This evidence plays a vital role while investigating an important case
study. When forensic evidence is used, the court cannot be biased and there is
very little chance for the judgment to be made to provide injustice to the
innocent.

Forensic science can find out who the suspect is, the nature of the crime, the
time when the crime occurred, also sometimes the location of the crime and the
reason behind committing the crime. It gives scientific information from the
physical evidence which is collected like from phones, weapons used,
footprints, and many more.

Under Section 45 of the Indian Evidence Act, 1872 it is said when a court can
rely upon the opinions of the court. The court can form opinions upon any
foreign law, science, art, finger impressions, handwriting, and identification by
any person who is especially skilled in it called an expert. But the experts are
only advisors and are not witnesses because they have not seen the crime
happening, they are just giving opinions through their research with respect to
science. But the principle of the opinion of experts is necessary. Expert advice
helps the court of law lead to a conclusion. They mostly rely upon it because
these experts are having experience in studying these kinds of research.

Just like India, England also accepts the opinions of the expert as an exception
to the ‘Opinion Rule’. In the US, the first step for the determination of the
admissibility of scientific evidence occurred in 1923. The US legal system
struggles a lot to determine the admissibility of forensic evidence. The main
problem here is to decide how much weightage to be given the advice given by
the experts with the forensic evidence.

In India most of the time in the case of criminal justice, the innocents are
punished and the person who is guilty will escape. Due to this reason, the
reform needs to be improved and effective. Hence, the Committee known as the
‘Malimath Committee’ recommended that the importance of forensic science
needs to be given in modern technology for investigations and criminal
procedures.

Landmark cases
Nitish Kumar murder case
In this case, it was very difficult to find the person guilty because only a small
portion of the palm with the finger was left unburned. But with the help of
forensic science DNA test was conducted and it helped in identifying and
recognizing the body by matching the DNA with the parents. This also helped
the High Court of Delhi to identify the accused.

Sushil Mandal v. The State

In this case, the father of a deceased boy is the petitioner who challenged the
findings of the DNA. The boy who died fell on the adolescent cusp of mutual
infatuation with a girl of his school. Hence, the parents of both the families were
requested by the principal of the school for having a check on the children.
After a few days, the boy was found missing, and after a week, a body was
found in a lake that was totally decomposed and hence unidentifiable. The
petitioner was not able to identify the body, the clothes were also not there to
identify that he is his own son. He filed a habeas corpus petition in the High
Court alleging the girl’s father and requesting the High Court to direct the
investigation through CBI (Central Bureau of Investigation).

Then the DNA test was conducted by the experts and the DNA of the deceased
person matched with the petitioner and his wife also. There was also a skull
superimposition test. This test also found a link between the deceased and the
recovered body. But the petitioner was not able to accept the truth. The truth
came only when the scientific tests were conducted. The apex court relied on
the scientific tests that were conducted and hence with the matter got closed.
Conclusion
The main relevance of using forensic science for producing evidence is for
availing a fair justice. This is done so that the actual crime should be punished
and not the innocent one. Forensic evidence has always helped in many cases
for identifying the actual criminal and then the court provides him with
punishment. The forensic evidence is more valuable than the general evidence
produced in the court. Though sometimes there are some flaws in the evidence,
which is very rare. More experts should be recognized for always providing
information and relevant evidence regarding the case, and hence the case can be
solved on that basis. There can be more development in the country by making
our forensic science grow. This can make strict rules on punishing the accused.