EVOLUTION OF FORENSIC SCIENCE IN LEGAL INDUSTRY IN INDIA
Category: Criminal Law
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ABSTRACT
Forensic science has indeed evolved with respect to the Indian legal profession. It has grown with time from ancient practices as stated in texts like the Arthashastra to modern-day developments like DNA profiling or digital forensics. The former forms of forensic practices include poison detection, and autopsies, whereas the practice of fingerprinting was brought in start by India during the colonial times. The real turning point in forensic science in India was the establishment of forensic science laboratories during the mid-20th century. This made way to scientific analysis in the areas of toxicology and serology that followed later years. DNA profiling, introduced in the past late 1980s, brought a new revolution in crime detection. It presented decided evidence in complicated trials such as the Priyadarshini Mattoo case. The next horizon of forensic science is digital forensics that would deal with combating increasing levels of cybercrime. Newer technologies like artificial intelligence and 3D imaging are all paving their ways toward enhancing the accuracy of investigations. The field, however, faces challenges, such as under-resourced labs, case backlogs, and raising ethical issues concerning genetic databases and privacy. This paper explores how forensic science has transformed and continues in India today and how critical it has been towards justice while addressing the urgent need for infrastructural and policy reforms to keep pace with changing requirements.
Keywords: forensic science, Indian legal system, DNA profiling, digital forensics, fingerprinting, cyber-crime, ethical challenges, forensic laboratories.
INTRODUCTION
Forensic science has been well established in the earlier period for the legal system, from simple testing to the application of advanced techniques for the solution of a more critical part of criminal justice. Forensic science in the Indian context narrates more about its path for intensifying applications and modernization through which it can be developed as a precise and reliable field within the legal industry.
THE BEGINNING
Forensic science very root can also be clearly traced to ancient records in India. A book like the "Arthashastra" by Kautilya, around 3rd century Before Common Era, mentions the approach of using scientific technique in criminal investigation including autopsies and detection of poisons. Ancient Indian physicians like Charaka and Sushruta also have given protocols regarding examination of corpses and injuries to find out their possible causes to death.
The present-day forensics in India were imported in the British era. Medical colleges were set up across India in 19th century and forensic medicine was introduced as a subject in those colleges. The earliest reference to forensic evidence found in Indian courts dates back to the 1830s, when chemical analysis was performed to diagnose arsenic poisoning in a murder case. This marked the starting point of inclusion of science in the legal system.
DNA REVOLUTION IN INDIA
DNA profiling changed the entire face of forensic science in India. It was established in Hyderabad in 1989 by the Centre for Cellular and Molecular Biology (CCMB), under the patronage of Dr. Lalji Singh, popularly known as the "Father of DNA Fingerprinting in India" (Singh et al., 1991). Since then, DNA evidence has figured prominently in the solution of many complicated cases- be it high-profile crimes or paternity controversies.
India has witnessed its first leading test in DNA evidence- Priyadarshini Mattoo murder case, which happened in the year 1999. DNA profiling gave indisputable evidence which made the accused convicted after several years of litigation. The same cases caught the eye of India towards the change in the DNA technology in the Indian legal system.
EMERGING TECHNOLOGIES AND DIGITAL FORENSICS
The rapid increase in digitization in Indian society increasingly makes digital forensics an integral aspect of criminal investigation. This necessity has created an awareness about specialized units in digital forensics and emerged out of the increase in the number of crimes such as hacking, financial fraud, and identity theft. CBI and many state police departments also now have cybercrime cells incorporated with state-of-the-art tools enabling them to analyze electronic evidence.
Emerging technologies like AI and machine learning have further increased the forensic capabilities of India. AI-enabled features to mine huge databases and develop pattern recognition areas in spotting signs of proclivity to certain behaviors predict the likelihood of a crime being perpetrated. In this regard, Delhi has predictive policing that uses systems to anticipate criminal behavior in certain vulnerable areas.
Newer methods of forensic imaging, such as comparing three-dimensional facial reconstructions and crime scenes, will be introduced so that investigations will be more precise in their findings. Another area of forensic science that has been gaining momentum is forensic psychology, wherein experts will help determine criminal behavior and assist in courtroom proceedings).
CHALLENGES AND ETHICAL ISSUES
Despite technical advancements, forensic science has been beset by more significant challenges in India. One is that there is no infrastructure or trained personnel. Most state forensic laboratories are over-burdened and have postponed cases due to delayed processing of evidence. According to a report by the Comptroller and Auditor General (CAG) in 2020, pending cases in some states exceed 50 percent as a result of backlog in forensic analysis.
Multiple instances must be mentioned that have raised doubts about the validity of the forensic evidence on the basis of tampering and human error. Lapses in evidence handling that aggravated the investigation and trial were also exposed in the Aarushi Talwar murder case in 2008.
The other issue that needs immediate attention is the ethical concerns of privacy and the use of genetic databases. DNA Technology (Use and Application) Regulation Bill, 2019 seeks to establish a framework for the use of DNA evidence without encroaching on individual rights. It is argued, however, that the Bill needs stricter safeguards to prevent possible abuse).
CONCLUSION
Forensic science is part of the Indian legal domain that has evolved and given testimony to the country's great pursuit of justice through science. From ancient methods to modern techniques, forensic science has become an integral part of law enforcement and the judiciary. There certainly are hurdles, yet reforms and advances are bringing renewed hope for a more efficient and transparent system of law.
Given that India is modernizing its forensic infrastructure by adopting global best practices, a role for forensic science would definitely expand in the future not only to dispense justice but also to see that it is done with the highest accuracy and fairness.
