Meghana Prashant Naik
3 year BA.LLB
V.M Salgoacar College of law,Miramar-Goa.
Introduction:
The word ‘forensic’ is being used very commonly in the system of justice now a day. When we hear about any criminal procedure case or a civil procedure case the courts are seeking aid from Forensic & their experts often to examine the weapon or any document which acts as a main evidence in the said cases. This marks the collaboration of science aiding the justice process very transparently. Forensic in this 20th century is not just a word in the world of justice but slowly it is becoming a part of the justice making system.
In the beginning ‘Forensic’ was much unknown to the entire judiciary and the proceedings, wholly depended on the speech delivering skills of the learned counsels for both parties in a case/suit. As the years passed there was need felt for the accurate investigation of the truth behind the facts of the event and the forensic entered the gate of system for the same.
“Where did this ‘forensic’ come from?”-
The adjective ‘forensic’ comes from the Latin word ‘forensis’ which means ‘in open court’ or ‘public’. It also relates or denote to the application of science, technological meaning into the investigation of a crime leading to a part of justice. In simple words forensic means to establish the facts of the events with the aid of scientific & technological reasoning.
The history of forensic science traces back to thousands of years and it has been said that fingerprinting was one of its first applications. Shrita Jhand (1) in his book explains two aspects of the origin of forensic science:
“To those individuals who developed the principles and techniques to identify or compare physical evidence”
“To those who recognized the necessity of merging these principles into a coherent discipline that could be practically applied to the criminal justice system.”
Forensic science and its perspective in law:
Forensic science is a science mainly relating to the justice or judiciary system. Forensic science is like a constructed building, where each floor is occupied by each separate function i.e forensic science has various branches in India, which makes it work better and smoothly when it comes to investigation of evidence. For instance: (1) Forensic Toxicology – whose work is to study and examine about poisons and drugs. (2) Forensic document examination- whose work is to study about disputed document in a suit such as will, sale of agreement, etc.
Forensic labs are backbone of various branches forensic science in the country. Whenever it is the evidence that is needed to be examined to prove the truth of the event it is much needed that the examination should be based on logic and nothing could be better than examination based on scientific reasoning.
Even the legislation branch of the government makes relevancy of forensic science as a part of evidence procedural law, therefore making party in suit able to file application under section 45, Indian Evidence Act, 1872. This marks the beginning of forensic science as a stick of justice to be hold when the judiciary falls apart from the truth to give justice.
Forensic as a part of proceedings:
Forensic examines the crime scene and the experts try to figure out possible criminal event in a more clarity compare to a normal investigator. Forensic has their experts each one expertise in their work, whose examines the evidences. For eg: forensic medicine, where the medical experts use science to study on dead body through postmortem. After examination experts produce their report before court on which the court proceedings are further preceded at the point till justice is being delivered to the person.
Madras high court held that, in law, Forensic Science Expert Report or Opinion has persuasive value, although it may not have a binding force on a court of a law. In fact, the report of the Forensic Science Expert/Finger Print Expert will have to be looked into and taken note of by the trial Court along with other available oral and documentary evidence on record in a given case and it is for the trial Court to arrive at a conclusion in a given case based on the attendant facts and circumstances and on available oral and documentary evidence on record in a certain case. (2)
Difficulty faced by Expert and their Report:
As we know experts are assigned with the duty to examine the evidence and submit the report of same to the court. But the learned counsels of opposition are always in way of alleging forensic experts and their reports to be biased. There are various allegations raised on forensic and their experts. This points out trust which party to dispute lack when the forensic reports are concerned.
Sometimes, although never appeared before judiciary, some experts may sometimes do a mistake whether knowingly or unknowingly. There are various possibilities for the trust issues among the parties. Sometimes the expert report may favor one party and sometimes can be against other, which makes up the mind of experts report being biased.
Difficulty within Forensic Itself:
Forensic face difficulty not just in court proceedings while submitting their reports but it is also within the area of forensic world where they face many difficulties and miss-management within themselves. As we now know about the fact of various branches of forensic and their various scientific ways to establish or examine the crime scene. There are various possibilities of invalid scientific examination which may lead to inaccurate result. Sometimes there are some experts who may purposely used different procedure which may be not scientific in order to save the culprit. And there are high possibilities for this due to bribery or political influence. (3) And such reports by experts in court are accepted by judges if the learned counsels don’t raise their obligations to the same. Due to few experts being bribed and guilty of corruption the honesty or
trust in the forensic is being about to lose in the eyes of the justice or judiciary. Another thing to be pointed is the lack of laws or act governing the forensic.
It not just the difficulty in their important role played in the court procedure making injustice to everyone but they also face many miss-management among themselves and this could be due to lack of proper rules governing their branches. By this I mean a establish Council for Forensic in India. As in India there is no established proper Council and their labs are part of their own individual rules and regulations. Each branch of forensic has their separate rule book; government has direct control over them. And this marks the beginning in their miss- management and inaccurate behavior in judiciary, influencing corruption as slow poison in the system.
“What is a Council?”
A council may be a board, a committee, a commission, a panel, which administer a group of people. Councils are basically used to administer a group of people working in a particular sector or having same official background. For e.g. Bar council of India who administers all the lawyers and law students in a country. Similarly R.M.P for all doctors and medical students in a country.
These councils prescribe the rules from each degree exam of the students to granting license and practice of their professions these councils has watch on their each step making it sure they produce accurate result in interest of their country. If they find any one guilty using their power inappropriately they are charge with high command inquiry. (4) Councils see to the fact of legality in the practice of a profession.
Need of Forensic Council in India:
Forensic has many branches. And there is no council in India managing it. Though they bind
themselves with rules but each branch has different rules. And after looking at all drawbacks of this, it is now the time to establish a proper Council of Forensic making it more accurate in eyes of justice.
Presently there is no council. Each of the labs is in direct control of government which sometimes leads to miss-management of the same. There must be council prescribing rules for forensic students to their appointment and their relevant scientific procedure to examine crime scene. These all factors are in need to watch with legal eye. If judiciary depends now on scientific reasoning such process.
Council must be a committee of science experts, bureaucratic experts and all other officials of administrator. All forensic courses should be subject to the council and there must all other procedure followed by the bar council of India.
But more relevant for now will be merging forensic science to be under Bar council of India. Making experts understand and acknowledge them about more laws and a perfect system of making an investigation of a crime scene making no mistake in delivery justice to the victim.
The section 45, Evidence Act, 1872, is just not enough to make forensic examination as a part of evidence in court though aware about the fact that forensic science is not part of any council and includes just their own scientific rules. Though there are various possibilities of various allegations by the learned council. And forensic can’t prove their side in defense even though they are not guilty of all the allegations out there. This is a result of lack of proper established authority or panel which makes experts to face all attacks by learned counsels in an open court. There leaving them without any defense in their favor with only just one section, 45, of the act, 1872.
If there was presence of proper council governing them, there would be a accurate examination of each document or evidences of the crime scene without allegations of being biased or failing to deliver the hammer of justice. The councils would have made the experts make their investigation in law perspective with scientific reasoning with the ink of justice.
Most of time be it a criminal case or a civil when there is no way to prove their side they seek aid of forensic expert. (5) and in that case if forensic be the one with bias hand then it is phase to go with the appeal of establishment of Council for the same.
Conclusion:
Indian courts witness many cases having importance of forensic aid and scientific reasoning and now it is the time to make forensic strong evidence in terms of justice delivery is regarded. Forensic needs to be now regarded as evidence within the four corner of court and must be subject to the established Council rather than having direct control by the government.
