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Bhabok Nongdhar   18 October 2021

Forensic Related law

kindly share us the details of Forensic related Law under IEA


 4 Replies

Anusha Singh   19 October 2021

As per your query it is understood that you need information regarding the forensic law.

In the Indian law context, laws related to Forensic Science are more numbered in the Indian Evidence Act (IEA), compared to Code of Criminal Procedure (CrPC) and Indian Penal Code (IPC).

Forensic Science is admissible in Indian law considering the IEA, within 4 aspects: Witness, Admission, Facts and Circumstantial evidence. Here are superficial details of some widely known laws that make forensic evidence admissible in the court of law:

Most important and widely known aspect of Forensic Science is DNA and it’s testing. There is no official legislation passed w.r.t. to DNA testing in the Indian constitution, but Sec 53 and 54 of CrPC deals with examination of alleged person by a certified medical practitioner on reasonable grounds of inquest.

Sec 293 of CrPC lists some Government Scientific Experts for the admissibility of expert opinion in the court of law. The expert is examined as a witness for his/her opinion to be valid after cross contamination. Also Sec 45 of IPC provides relevancy to expert opinion in any field of expertise in forensic science, to help the court in framing judgements considering technically complicated and sophisticated matters.

Forensic Toxicology has been the most active branch of Forensic Science where separate acts were introduced amending the existing laws and legislations. Sec 272 to 278, Sec 284, Sec 328 of IPC deals with poisoning. Along with general descripttion of poisons, corrosive substances, adulterants, chemicals and medico-legal aspects, there are acts like:

1.    The Poison Act (1990)

2.    Drugs and Cosmetics Act (1940)

3.    Narcotic Drugs and Psychotropic substance (NDPS) Act (1985)

4.    The Pharmacy Act (1948)

5.    The Drug control Act (1950)

Another commonly heard term w.r.t. Forensic Science is fingerprints. According to Sec 73 of IEA any person is compelled to give his/her fingerprints on orders from the court. The Supreme Court has given special mention that this section isn’t a violation of their fundamental rights. Sec 5 and 6 of Identification of Prisoners Act has the same context and allows acquiring thumb impressions and handwriting samples. It also declares that these shall not be used against the person as personal testimony.

Vasu v. Santha1975 (Kerala)

In   the   above case   the   court   has   laid   down   certain guidelines regarding  DNA  tests  and  their  admissibility  to  prove parentage.

(1) That courts in India cannot order blood test as a matter of course;

(2) Wherever   applications   are   made   for   such prayers  in  order  to  have   roving inquiry,  the Forensic  evidences  in  Criminal  Trial:  Need  of the   Hour   prayer   for   blood   test   cannot   be entertained.

(3) There must be a strong prima facie case in that the husband must establish non-access in order to dispel the presumption arising under Section 112 of the Evidence Act.

(4) The court must carefully  examine  as  to  what would   be   the   consequence   of   ordering   the blood  test;  whether  it  will  have  the  effect  of branding a child as a b*st*rd and the mother as an unchaste woman.

(5) No  one  can  be  compelled  to  give  sample  of blood   for   analysis.   Further   the   court   said Blood-grouping    test    is    a    useful    test    to determine the question of disputed paternity. It can be relied upon by courts as a circumstantial evidence, which ultimately  excludes  a  certain individual  as  a  father  of  the  child.  However, it requires to be carefully noted no person can be compelled to give sample of blood for analysis against his/her will  and  no  adverse  inference can be drawn against him/her for this refusal.

Hope it helps!

 

Regards,

Anusha Singh

Dr J C Vashista (Lawyer)     20 October 2021

Is it examination hall ??

Bhabok Nongdhar   20 October 2021

Sir as Forensic expert i wanted to know how as expert can we be notified if it is by the central government my point is either by Governor of the state or by MHA Government of India, Similarly i wanted to clear the doubt that under which section of the we are govern?  

minakshi bindhani   20 October 2021

As per your concerns!

The Indian Evidence Act(IEA) contains rules, regulations and legislations regarding the admissibility of scientific evidence in the court of law.

There is no official legislation passed concerning DNA testing in the Indian constitution, but Sec 53 and 54 of Criminal Procedure Code, 1973 deal with the examination of the alleged person by a certified medical practitioner on reasonable grounds of the inquest.

Sec 293 of CrPC lists some Government Scientific Experts for the admissibility of expert opinion in the court of law. The expert is examined as a witness for his/her opinion to be valid after cross-contamination.

Sec 45 of IEA provides relevancy to expert opinion in any field of expertise in forensic science, to help the court in framing judgements considering technically complicated matters.

According to Sec 73 of IEA, any person is compelled to give his/her fingerprints on orders from the court. The Supreme Court has given special mention that this section isn’t a violation of their fundamental rights.

Sec 47 of IEA is for handwriting opinion and elaborates the circumstances under which the handwriting expert shall consider it to be disputed handwriting.

Sec.67 of IEA gives details of methods of how a signature in a document should be proved.

Hence, the Committee is known as the 'Malimath Committee' recommended that the importance of forensic science needs to be given to modern technology for investigations and criminal procedures.

Field vs. Leeds City Council

In this case, the court held that the evidence which is produced by the experts, highly skilled persons must be unbiased and should be relevant evidence concerning the issue concerned. 

Hope it is helpful
Regards
Minakshi Bindhani

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