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Published Paper Details:
Scientific Techniques and the Law of Evidence: Judicial Treatment of Emerging Forensic Methods
Authors
Maryam Baig,Dr. Nitu Kumari
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Keywords
Forensic Evidence, Indian Evidence Act, DNA Profiling, Narco-Analysis, Brain Fingerprinting, Judicial Approach, Constitutional Rights.
Abstract
Scientific advancement has become more essential in solving modern, complex, and diversified crimes. Though traditionally the courts relied on witness testimony and documents, scientific evidence including DNA profiling, digital forensics, voice analysis, and emerging technologies have become vital. Though the Indian Evidence Act 1872 is old, it has grown to accommodatthe scientific methodology, and landmark judgments have already laid down their admissibility and reliability, including safeguards against misuse.
The statutory basis for expert opinion and electronic evidence can be found in key statutes such as Sections 45 and 65B of the Evidence Act. In addition, there are important procedural rules enabling consent and the protection of fundamental rights during forensic examination under the Code of Criminal Procedure. Current issues within the institutional forensic frameworks that exist include lack of standardization, inadequate accreditation, and resource constraints.
From State of Punjab v. Gurmit Singh to Mukesh v. State of Delhi, judicial decisions reveal a slowly evolving jurisprudence weighing forensic utility against constitutional protections such as privacy and protection against self-incrimination. But grave challenges persist due to uneven standards in laboratories, gulf in experts' qualifications, lapses in the chain of custody, and limited scientific literacy among judges.
International experiences like the US Daubert standard and UK forensic regulatory frameworks provide models for Indian reform in light of scientific validity, judicial gatekeeping, and institutional oversight. Recent legislation, such as the Bharatiya Sakshya Adhiniyam of 2023 and the Bharatiya Nagarik Suraksha Sanhita, attempt to reform forensic laws so as to enforce certification, make investigations into serious crimes compulsory, and introduce cutting-edge technologies.
Overall, the integration of forensic science into India's legal framework is progressing, but needs further legislative amendment, establishment of autonomous forensic regulatory bodies, certification of experts, judicial education, uniform protocols, protection of privacy, and technology innovation for it to fully play its role as a support to fair and effective justice
IJCRT's Publication Details
Unique Identification Number - IJCRT2511349
Paper ID - 296541
Author type - Indian Author
Page Number(s) - c728-c738
Pubished in - Volume 13 | Issue 11 | November 2025
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No Of Downloads - 50
Author Country - India, 140406, Sirhind , Sirhind , 140406, Others area
Publisher Name - IJPUBLICATION | www.ijcrt.org | ISSN : 2320-2882
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Maryam Baig,Dr. Nitu Kumari, "Scientific Techniques and the Law of Evidence: Judicial Treatment of Emerging Forensic Methods", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.13, Issue 11, pp.c728-c738, November 2025, Available at :http://www.ijcrt.org/papers/IJCRT2511349.pdf
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