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Development of forensic science in india: a critical study vis-à-vis laws of india.

Forensic Science

The Author, Chintan Jain is a 3rd-year B.B.A.LL.B (Hons.) student at Unitedworld School of Law, Gandhinagar, Gujarat.

Introduction:

The term “forensic” is derived from the Latin word “ forēnsis, ” which means  of or before the forum . The history of this word dates back to Roman times, during which the person accused of a crime was presented before a group of individuals in the forum. [1]

Forensic science is the use of scientific methods or expertise to investigate crimes or examine evidence that might be presented in a court of law. Forensic science comprises a diverse array of disciplines, from fingerprint and DNA analysis to anthropology and wildlife forensics. [2] It also includes anything that assists in the collection, preservation, and investigation of evidence such as DNA identification, examination of structural design, and to identify explosives. [3] The purpose of Forensic Science is to provide guidance to those conducting criminal investigations and to supply courts with accurate information upon which they can rely to resolve criminal disputes. [4]

 Forensic science deals with the application of methodology and knowledge of various aspects of science to legal matters. It involves the use of multiple disciplines such as chemistry, physics, computer science, biology, and engineering for evidence analysis. For instance, biology is used to establish the source of an unidentified suspect, physics to understand the pattern of a blood spatter, and chemistry is used to understand the composition of drugs. That’s why the role of forensic science in the Indian criminal justice system is highly critical, but often underrated. [5]

History and Origin:

Argentina was the first country to incorporate forensic evidence for a criminal investigation in 1902. Sir William Herschel was one of the first to advocate the use of fingerprinting in the identification of criminal suspects. By the late 1700s, forensic science was being used as a factor to determine guilt or innocence in major criminal cases, including murder charges. One of the primary functions of forensic science is to study DNA, the genetic coding found on all living things.  By the end of the 20th century, forensic scientists had a plethora of high-technology tools for analyzing evidence ranging from DNA analysis to digital fingerprinting techniques with computer search capabilities. [6]

Branches of Forensic Science:

Forensic Science with its multi-disciplinary approach is that essential link that helps glue together all kinds of evidence in any form of investigation. It involves the application of the principles and methodologies of various disciplines of science to legal matters. Here is a bird’s eye view of the diverse branches of Forensic Science. [7]

1. Trace Evidence Analysis:

Going by Locard’s Principle that “everything leaves a contact”, trace evidence analysis provides crucial links to the perpetrator. Trace evidence is anything that is transferred during the commission of a crime such as human/animal hair, rope, soil, fabric fibers, feathers, etc.

2. Forensic Toxicology:

Forensic Toxicology is the study of the presence of toxic substances inside a body and the effect that they had on the individual.

3. Forensic Psychology:

Forensic Psychology is the application of psychology to legal and criminal matters. Forensic psychologists study criminals and their crimes to draw conclusions about the personality traits of the perpetrators and thus assist in criminal profiling.

4. Forensic Podiatry:

Forensic Podiatry deals with the application of specific podiatric knowledge i.e. an understanding of the abnormalities and diseases of the ankle, foot, and lower body, lower limb anatomy, and musculoskeletal function. This is particularly helpful in the investigation of foot-based evidence related to a criminal incident.

5. Forensic Pathology:

The branch of pathology that deals with the examination of a corpse to determine the cause of death is called Forensic Pathology. It involves the deduction of facts admissible in a court of law by collecting and analyzing medical samples.

6. Forensic Odontology:

Forensic Odontology/Forensic Dentistry involves the proper handling, analysis, and evaluation of any form of dental evidence that would be later used as a piece of legal evidence in a court of law.

7. Forensic Linguistics:

Forensic Linguistics involves the application of linguistic knowledge and methods to criminal investigations and judicial proceedings. Such linguistic experts are skilled at analyzing the written and spoken language of a perpetrator to draw crucial inferences about the offender’s age, gender, age, education level, culture and ethnicity, and socioeconomic and geographical background.

8. Forensic Geology:

Forensic Geology or Geoforensics deals with the examination of evidence related to materials found on the Earth such as oil, petroleum, minerals, soil, rocks, and the like.

9. Forensic Entomology:

Forensic Entomology involves the application and study of the biology of insects and other arthropods such as arachnids, centipedes, millipedes, and crustaceans to solve criminal cases. Due to the presence of such organisms in decomposing ruins, forensic entomology is primarily used for death investigations, determination of the location of an incident, postmortem interval and to arrive at the precise time of the infliction of wounds.

10. Forensic Engineering:

Forensic Engineering is a branch for the investigation of products, materials, mechanical components, or structures that fail or are unable to function as desired resulting in personal injury or property damage. It involves the application of engineering principles for the investigation and analysis of such mechanical and structural failures.

11. Forensic DNA Analysis:

In addition to fingerprints, DNA is the other biological parameter that is unique to a particular individual. DNA profiling is a commonly used forensic technique in criminal investigations for the identification of an anonymous person or to zero in on the perpetrator. The biological evidence used for DNA profiling includes hair, skin, blood, saliva and even body remains in burn cases.

12. Forensic Botany:

As is evident from its name, Forensic Botany is the study and examination of plant-based evidence (leaves, flowers, wood, fruits, seeds, pollen) for criminal and non-criminal investigations and for answering other legal questions.

13. Forensic Archaeology:

Geophysical and geological surveying techniques along with the use of photography [8]  and imaging enable forensic archeologists to assist the police and investigating officers to identify the site where the victim’s body and personal items, or robbed goods are buried.

14. Forensic Anthropology:

In the course of an incident, bodies are sometimes rendered unrecognizable due to mutilation, burning, natural degradation, etc. In such cases, Forensic Anthropology comes into the picture. Forensic anthropologists can examine human bodies/skeletons to help identify the individuals and arrive at the cause of death.

15. Digital Forensics:

Digital Forensics is the current buzzword in the world of forensics. It involves the extraction and analysis of digital evidence (such as those found in computers, hard disks, USB drives, etc.) using the most powerful forensic tools [9] . It is mostly used in the investigation of cybercrimes.

16. Forensic Ballistics:

Forensic Ballistics involves the analysis of any evidence related to firearms (bullets, bullet marks, shell casings, gunpowder residue, etc.). This branch of science is particularly used in the investigation of incidents involving the use of a firearm, to draw inferences on the exact weapon used, the distance, velocity, and angle of firing, and ultimately the shooter himself.

Role of Forensic Science in Crime Investigation:

Forensic science plays a crucial role in the criminal justice system by providing scientifically based information through the analysis of physical evidence, the identity of the culprit through personal clues like fingerprints, footprints, blood drops or hair, mobile phones, or any other gadgets, vehicles, and weapons. It associates with the criminal through objects left by him at the sight and with the victim or carried from the scene and the victim. On the other hand, if the clues recovered do not link the accused with the victim or the scene of occurrence, the innocence of the accused is established. Forensic science, thus, also saves the innocent. The emergence of DNA technology as a modern method of forensic science provides a wonderful amount of information to the investigating officers that enable them to find the criminal purely based on scientific evidence that he has left at the location of the crime. [10]

In State of NCT Delhi v. Sujeet Kumar [11] , Delhi police investigated a severe rape and unnatural sexual act with a four-year-old female child residing in a slum abode, and DNA profiling was utilized to link the culprit to the heinous crime of sexual abuse. After reviewing the extensive study of the child's testimony and the many methodologies involved, the court agreed to the investigation results based on DNA reports and other evidence and found the accused guilty, and overturned the Trial Court's order acquitting the accused.

The identification of the deceased victim in Vishal Yadav vs. State of UP [12] (Nitish Katara Murder Case) was difficult due to the availability of only a small bit of one un-burnt palm with fingers. DNA profiling assisted in identifying the body remains by matching DNA profiles with the deceased's parents, allowing the High Court of Delhi to affirm the accused's conviction.

Legal Provisions Supporting Criminal Investigation:

The evidence found at the crime scenes provides the investigating officer with a splendid piece of information with the help of scientific technology. They help the court to find out the answers to certain questions like how the crime has been committed? What is the nature of the crime? Who are the possible suspects? And by answering all these questions they try to recreate the crime and then try to find out the reason for the commission of the crime, thereby reaching out to the criminal.

Though forensic science has made a remarkable contribution to the criminal justice system, the limitation of law is inevitable. Some predominant questions revolved around the mind of many legal professionals:

  • How far are these techniques legitimate?
  • How forensic evidence be admissible in a court of law?
  • How this evidence be helpful in a criminal investigation?

There have been many debates and discussions that forensic evidence presented in a court of law defeats the basic provision of law. [13]

As per  Article 20(3)  of the Indian Constitution [14] , no person accused of any offense shall be compelled to be a witness against himself. This article defends the accused from the mental harassment they undergo during detention. Criminal law believes an accused is innocent until his guilt is proved beyond a reasonable doubt.

Many people argued over a debate that fingerprints and DNA analysis for verification defeat the provision of  Art. 20(3).  They felt that forcing the accused to give fingerprints is like the accused giving evidence against themselves. But the Supreme Court in the case of the  State of Bombay v. Kathi Kalu Oghad and Anr [15] held that compelling any person to give any sort of forensic evidence like fingerprints, blood, hair semen, does not violate the provision of  Art. 20(3). The same is even mentioned in  Sec. 73 of the Indian Evidence Act [16] , which directs any person including the accused can be asked to give a fingerprint or DNA examination.

Another debate was on  Narco-analysis  and its constitutional validity. Narco-analysis is new in the field of criminal investigation. But the question arises whether the evidence by narco-analysis is admissible in a court of law. In this method, the investigating officer tries to acquire some sort of statements from a semi-conscious person which can be used as evidence.  This process possesses several questions about law and ethics. Some felt that it is violating the provision of  Art. 20  of the Constitution against self-incrimination. 

The Bombay High Court in  Ramchandra Reddy and Ors. v. State of Maharashtra   [17] upheld the legality of the use of lie detector tests and the use of narco analysis. But in the case of  Selvi and Ors. v. State of Karnataka and Anr. [18]  The court held that the person giving statements in brain mapping or narco-analysis tests is inconclusive and thus their compulsory investigation would be unconstitutional.

Section 53 of the Criminal Procedure Code [19] , provides that a person accused may be subjected to a medical examination if the officers believe that the examination can provide some evidence of the crime. In 2005, certain amendments were made in Criminal Procedure to include the examination of blood-stain, DNA profiling, semen test, swabs, hair samples, etc., but it was constrictive only to the rape cases. In a similar way  Sec. 164A of Criminal Procedure [20]  also authorizes the medical examiner to examine the victim of the rape case within 24 hours. But the question arises whether all practitioners are proficient in the collection of DNA samples. It is a well-known fact that the sample collection must not be contaminated as it would be of no further use.

According to Section 45 of the Indian Evidence Act [21] - When the court has to form an opinion upon a point of science or art or foreign law, or as to the identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to the identity of handwriting or finger impression are relevant facts. Such persons are called experts. [22]

Further, Section 46 of the Indian Evidence Act [23] – it is given that facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts/ when such opinions are relevant. In the case of Mohd. Aman v. State of Rajasthan [24] , the court observed that the science of identification of footprints is not fully developed and therefore if in a given case, evidence relating to the same is found satisfactory it may be used only to reinforce the conclusions as to the identity of a culprit already arrived at based on other evidence.

Deception Detection Tests (DDT):

The deception detection tests (DDT) such as polygraph, narco-analysis, and brain mapping have important clinical, scientific, ethical, and legal implications. The DDTs are useful to know the concealed information related to crime. This information, which is known only to the self, is sometimes crucial for criminal investigation. The DDTs have been used widely by investigating agencies. However, investigating agencies know that the extracted information cannot be used as evidence during the trial stage. They have contested that it is safer than ‘third-degree methods’ used by some investigators. Here, the claim is that using these so-called, “scientific procedures” in fact-finding, will directly help the investigating agencies to gather evidence, and thereby increase the rate of prosecution of the guilty and the rate of acquittal of the innocent. [25]  Recently, these methods are being promoted as more accurate and best to none, without convincing evidence. In a landmark judgment, the apex court of India clearly stated that DDTs cannot be administered without consent. [26]

Debate on DDT:

The core debate arising out of DDT is its legality of using inhuman and degrading methods to confess the crime. The interrogation of the accused plays a vital role in collecting evidence. If the accused remains silent and does not answer any questions from the investigating agencies then to what extent the investigating agencies can coerce or force the accused to reveal information? In a civilized world, police torture is unacceptable to extract information about the crime. Even in a court of law, a confession made to a police officer is not considered valid. Now, the question is, “Can police use DDT to extract information from the accused”? Many support the view that in this age of ever-increasing crime rate, such tests often help the investigating agencies but others reject it as a clear violation of constitutional provisions i.e. Articles 20 and 21 .

Earlier Judgments on DDT:

In a landmark judgment [27] ,  the Madras High Court held that investigating agency is required to complete the investigation within a reasonable time, if not, the benefit of the delay is given to the accused. If the accused fails to cooperate with the investigation process undertaken during custodial interrogation, to unravel the mystery surrounding the crime, scientific investigation methods may have to be carried out to find the truth.

Keeping the same spirit in another judgment, the court had held that the narco-analysis test is a step in aid of investigation [28] . It forms an important base for further investigation as it may lead to the collection of further evidence. Therefore, regarding the proliferation of crimes against society, it is necessary to keep in mind the necessity of the society at large and the need for a thorough and proper investigation of individual rights while ensuring that constitutional rights are not infringed. Consequently, in the court's opinion, the narco-analysis test does not suffer from any constitutional infirmity as it is a step in aid of investigation and any self-incriminatory statement, if made by the accused, cannot be used or relied upon by the prosecution.  The court ordered the accused to undergo the narco-analysis test in a stipulated period. These judgments were supporting the use of DDTs in investigations.

Recent Supreme Court Judgment on DDTs:

The Supreme Court judgment [29] on May 5, 2010, related to the involuntary administration of DDT to improve investigation efforts in criminal cases was questioned on the account of violation of fundamental rights such as:

( i ) ‘Right against self-incrimination’ enumerated in Article 20(3) of the Constitution, which states that no person accused of an offence shall be compelled to be a witness against himself/herself.

( ii ) Article 21 (Right to life and personal liberty) has been judicially expanded to include a ‘right against cruel, inhuman or degrading treatment’.

DDT also raises serious concerns related to the professional ethics of medical personnel involved in the administration of these techniques and the violation of the human rights of an individual. Concerns regarding human rights violations were raised long back and the National Human Rights Commission published Guidelines in the year 2000 for the Administration of Polygraph tests [30] .

Thus, DDT has faced several criticisms and it is still unclear as to what degree lie detectors and brain mapping can be used to reveal concealed knowledge in applied real-world settings. The Supreme Court judgment on involuntary DDTs suggests that it has no place in the judicial process. On the contrary, it will disrupt proceedings, cause delays, and lead to numerous complications which will result in no greater degree of certainty in the process than that which already exists. Contemporary DDT needs to undergo rigorous research in normative and pathological populations. Premature application of these technologies outside research settings should be resisted. The vulnerability of the techniques to countermeasures also needs to be explored. It is also important to know the sensitivity and specificity of these tests. There should be standard operating guidelines for conducting DDT. The recent Supreme Court judgment on DDT is admirable from the scientific, human rights, ethical, legal, and constitutional perspectives. [31]

Landmark cases solved using Forensic Science:

Vasu v. Santha 1975 (Kerala) [32] :

The court has established some standards regarding DNA tests and their admissibility to show parentage in the circumstances mentioned above:

(1) Courts in India cannot order blood tests as a matter of course.

(2) Wherever applications for such petitions are filed to conduct a roving inquiry, the Forensic Evidences in Criminal Trial: Need of the Hour blood test request cannot be accepted.

(3) The husband must show non-access to dispel the presumption arising under Section 112 of the Evidence Act [33] , which requires a strong prima facie case.

(4) The court must carefully consider the consequences of conducting the blood test, including whether it will brand a child as a scumbag and the mother as an unchaste woman.

(5) No one can be forced to furnish a blood sample for testing. Furthermore, the court stated that a blood-grouping test is a useful tool for determining paternity disputes. It can be used by courts as circumstantial evidence, allowing them to rule out a particular person as the child’s father. However, it is important to stress that no one can be forced to donate a blood sample for analysis against their will, and no negative consequences can be drawn as a result of their refusal.

Tandoor Murder Case (1995) Delhi [34] :

This was the first criminal case in India to be solved using forensics. In this case, Sushil Sharma murdered his wife Naina Sahni at home by firing three gunshots into her body. He murdered his wife, believing she was having an affair with Matloob Karim, a classmate, and fellow congressman. Sharma drove his wife’s body to the Bagia restaurant after murdering her, where he and restaurant manager Keshav Kumar attempted to burn her in a tandoor. Sharma’s revolver and blood-stained clothes were confiscated by police and sent to the Lodhi Road forensic laboratory. They also extracted a blood sample from Harbhajan Singh and Jaswant Kaur, Sahni’s parents, and sent it to Hyderabad for a DNA test. 

“Blood samples preserved by the doctor while conducting the post-mortem and blood stains on two leads taken from the head and neck of deceased Naina’s body are of the ‘B’ blood group,” according to the lab report. “The findings prove beyond any reasonable doubt that the burned body is that of Naina Sahni, who is the biological offspring of Mr. Harbhajan Singh and Jaswant Kaur,” the DNA report concluded, confirming that the body was that of Sahni. Finally, with the use of forensic evidence, Mr. Sushil Sharma was found guilty. [35]

Sister Abhaya Murder Case (1995) [36] :

Sister Abhaya, a Roman Catholic Nun was found dead in a well in her hostel compound in Kottayam. In this case, the methods such as polygraph tests, brain mapping, and narco-analysis were used to solve the case. Based on this two fathers of the Church were arrested.

Arushi Talwar Murder Case (2008) [37] :

Aarushi Talwar, a 14-year girl from Noida was found dead in her house. The domestic help in her house Mr. Hemraj was also found dead on the terrace of the house. Forensic experts collected blood samples and fingerprints from the crime scene. Narco tests were also conducted on suspects including her father to test the angle of honour killing. After several probes into the matter, the trial court convicted the parent of Aarushi. But Allahabad High Court acquitted them in 2017.

Neeraj Grover Murder Case (2008) [38] :

The body of Mumbai-based television executive Neeraj Grover was chopped into pieces, stuffed into three bags, and set on fire in a forest. 

From the charred bones forensic experts collected three teeth, femur bones, and some other residue to extract the DNA sample from it. The collected DNA sample was then matched with that of his parents and it was established that the charred bones and teeth were indeed that of Grover. The forensic evidence also proved the involvement of Ms. Maria Susairaj, a struggling Kannada actress, and her fiancé Emile Jerome in the murder.

Nirbhaya’s Rape Case (2012) [39] :

In December 2012, a 23-year-old girl was brutally gang raped by six men including a minor, in a moving bus in New Delhi. Forensic science played a major role in identifying offenders. Fingerprint, DNA, and bite mark analysis was used to connect the suspects to the crime. One of the six accused, Ram Singh was found hanging in judicial custody. Based on the scientific and forensic evidence the trial court found the four accused guilty of rape and murder and punished them with the death sentence. This order of the trial court was subsequently confirmed by the Supreme Court. The juvenile offender was also found guilty of rape and murder and was sentenced to a maximum punishment of three years in a reform facility.

Sheena Bora Murder Case (2015 [40] ):

Sheena Bora, an executive working in Mumbai, went missing on 24 April 2012. In August 2015, Mumbai Police arrested her mother Indrani Mukerjea, her stepfather Sanjeev Khanna, and her mother’s driver, Shyamvar Rai, for allegedly abducting and killing her and subsequently burning her corpse. Sheena Bora’s body was identified several years after her murder by a DNA test.

Kirti Vyas Murder Case (2018) [41] :

Kirti Vyas, a salon executive was allegedly murdered by two colleagues. The police arrested the two accused Siddhesh Tamhankar and Khushi Sahjwani based on a DNA test conducted on two drops of blood found in the boot of a vehicle.

Forensic science has thus proved to be of utmost importance in solving criminal cases. [42]

Dr. Malimath Committee’s Recommendations (2003):

Key suggestions from the Committee on Reforms in the Criminal Justice System relating to Forensic Science are as under: [43]

  • To handle DNA samples and evidence, more well-equipped laboratories should be constructed.
  • A specific law should be enacted that provides directions to police officers, establishing standardized rules for gathering genetic information and putting in place necessary protections to prevent its exploitation.
  • It is recommended that a national DNA database be established, which will be extremely useful in the battle against terrorism.
  • Sec. 313 of the CrPC [44] should also be revised to draw an adverse inference against the accused if he fails to respond to any pertinent material against him, allowing law enforcement to utilize DNA tests against him.

Progress in the fields of Science and Technology has led to the Modernization of Forensics which in turn has resulted in making the Investigation of even the most heinous Crimes (such as Brutal Rape or Murder) easier for Forensic Experts through the use of Advanced Tools and Techniques. Through the application of Forensic Science, accurate and reliable evidence can be presented before the court which can help in providing justice to the victim of the crime by convicting the offender. Also, various procedures carried out by the Forensic Surgeons and Experts such as Autopsy helps police officials in identifying suspects and tracing the actual culprit. No matter how much infallible the criminal is, or attempts have been made to destroy important evidence such as documents, Forensic Science makes it possible to still detect the crime.

Concerning the most prominent theories of Punishment i.e. the Deterrent Theory and Preventive Theory, to ensure the prevention of crime by punishing the offender as a deterrent measure, it becomes very important to be able to carry out the criminal investigation efficiently, and here comes the role of Forensic Science and as mentioned earlier in this article, in India, forensic science has played a very significant and decisive role in solving criminal cases.

References & Additional Readings

[1] “12 Different Types of Forensic Science”, available at:   https://www.rankred.com/types-of-forensic-science/

[2] National Institute of Standards and Technology (NIST), U.S., “ What is Forensic Science?” , available at: https://www.nist.gov/forensic-science

[3] Dr. K. Mathiharan, Modi’s Medical Jurisprudence and Toxicology, (Lexis Nexis Butterworths, 23 rd  edn.)

[4] Shirley Sousa, “ Role of Forensic Science in Criminal Justice Administration” , available at: https://www.jusdicere.in/role-of-forensic-science-in-criminal-justice-administration/

[5] Architi Batra, “ Role of Forensic Science in the Indian Criminal Justice System ”, available at: https://nitimanthan.in/blog-posts/blog-niti-manthan/2020/02/26/role-forensic-science-indian-criminal-justice-system/

[6] Nida Parveen, “ Role of Forensic Science in a Criminal Investigation ”, available at: https://indianlawportal.co.in/role-of-forensic-science-in-a-criminal-investigation/

[7] Incognito Forensic Foundation, “ All that you need to know about the Branches of Forensic Science ”, available at: https://ifflab.org/branches-of-forensic-science/

[8] Also read “ Forensic Photography- Documenting a crime with light” by Incognito Forensic Foundation, available at: https://ifflab.org/forensic-photography-crime-scene-documentation/

[9] Also read “ List of 15 Most Powerful Forensic Tools ” by Incognito Forensic Foundation, available at: https://ifflab.org/list-of-15-most-powerful-forensic-tools/

[10] Jyotirmoy Adhikary, DNA Technology in Administration of Justice, (LexisNexis, Butterworths, 2007)

[11] 2014 S.C.C. Online Del. 1952

[12]   2014 S.C.C. Online Del. 1373

[13] Dr. Sonia Kaul Shali, “ Applicability of Forensic Science in Criminal Justice System in India with Special Emphasis on Crime Scene Investigation ” (June 25, 2018), Medico-Legal Desire Media and Publications, available at  SSRN: https://ssrn. com/abstract=3220169

[14] See Art. 20(3) of Constitution of India, 1950, available at: https://www.constitutionofindia.net/constitution_of_india/fundamental_rights/articles/Article%2020

[15] AIR 1961 SC 1808, 1962 SCR (3) 10

[16] See s. 73 of Indian Evidence Act ,1872, available at: https://indiankanoon.org/doc/770022/

[17] 2004 ALL MR (Cri) 1704

[18] AIR 2010 SC 1974

[19] See s. 53 of Code of Criminal Procedure, 1973, available at: https://indiankanoon.org/doc/633996/

[20] See s. 164A of Code of Criminal Procedure, 1973, available at: https://www.latestlaws.com/bare-acts/central-acts-rules/crpc-section-164a-medical-examination-of-the-victim-of-rape/

[21] See s. 45 of Indian Evidence Act, 1872, available at: https://indiankanoon.org/doc/1025384/

[22] Sakshi Agrawal, “ Analysis of Forensic Investigation and Medicine Law ”, available at: https://indianlawportal.co.in/analysis-of-forensic-investigation-medicine-law/

[23] See s. 46 of Indian Evidence Act, 1872, available at: https://indiankanoon.org/doc/1458526/

[24] (1997) 4 SC 635.

[25] Suresh Bada Math, Supreme Court Judgment on polygraph, narco-analysis and brain mapping: A boon or a bane, available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3171915/

[26] Smt. Selvi & Ors Vs State of Karnataka. Smt. Selvi & Ors Vs State of Karnataka Judgment on 5 May 2010. (Criminal Appeal No. 1267 of 2004)

[27]  Dinesh Dalmia v. State. Dinesh Dalmia v. State, Crl. R.C. No. 259 of 2006.

[28] Sh. Shailender Sharma v. State, Crl. WP No. 532 of 2008.

[29] Smt. Selvi & Ors Vs State of Karnataka Judgment on 5 May 2010. (Criminal Appeal No. 1267 of 2004)

[30] National Human Rights Commission ( NHRC ) Guidelines available at: https://nhrc.nic.in/press-release/guidelines-administration-lie-detector-test

[31] Suresh Bada Math, Supreme Court Judgment on polygraph, narco-analysis and brain mapping: A boon or a bane, available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3171915/

[32]  ( 1975 ) K.L.T. 533

[33] See s. 112 of Indian Evidence Act, 1872 available at: https://indiankanoon.org/doc/817818/

[34] State v. Sushil Sharma (2007) CriLJ 4008

[35] Nihaarika Sangwan, “ Forensic Law and Jurisprudence ”, available at: https://blog.ipleaders.in/forensic-law-jurisprudence/

[36] Sr. Sephy v. Union of India (2009)

[37] Dr. (Smt.) Nupur Talwar vs State Of U.P. And Anr. (2017)

[38] Neeraj Alias Kamal Grover vs State And Anr.  (2015)

[39] Mukesh and Anr. vs NCT Delhi, 2017 6 SCC 1.

[40] Pratim Alias Peter Mukherjea vs Union of India And Anr. (2018)

[41] Khushi Ajay Sahjwani v. State of Mahashtra (2019)

[42] Shruti Nadkarni, “ Signifance of Forensic Science in Criminal Investigation ”, available at: https://www.jusdicere.in/significance-of-forensic-science-in-criminal-investigation/

[43] Supra note 35

[44] See s. 313 of Code of Criminal Procedure, 1973, available at: https://indiankanoon.org/doc/767287/

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