Forensics is the scientific discipline concerned with proving criminal offences. It proves in a way that an investigator collects, documents and analyzes all facts related to the crime. The most important task of the investigator is to collect the largest possible number of pieces of evidence that connect to a criminal offence.
They are mostly found at the site of criminal events, and in technical terms, are called physical evidence. Based on these sets of hypotheses that connect one fact with another, and then we come to the theory that explains the nature of the criminal acts. Forensic proof of crimes is a very complex transaction with the ultimate goal to prove or disprove the offence and find the perpetrators.
Forensic science can be explained as a study and application of science to matters of law. This connection of science and law provides new ways and methods for discovering the reality. The word “forensic” is derived from the Latin word “forensis” which means forum, a public place where, in Roman times, senators and others debated and held judicial proceedings
Forensic science is an integrative subject combining several branches of learning used for inquiring about crime scenes and collecting evidence to be used in the trial for the prosecution of offenders in a court of law. The techniques of forensic science are used to scrutinize acquiescence with international agreements regarding weapons of mass destruction. Earlier, the main areas used in forensic science were biology, chemistry, and medicine.
However, with time forensic science included various branches like toxicology, cyber forensic, hand-writing, fingerprinting, ballistics, forensic psychology, anthropology, geology, forensic engineering, and odontology. Forensic scientists examine objects, substances (including blood or drug samples), chemicals (paints, explosives, toxins), tissue traces (hair, skin), or impressions (fingerprints or tidemarks) left at the crime scene.
Forensic expert provides an important source of information for criminal proceedings (whether international or domestic). The expertise from mass graves is no exception: findings from exhumations and examinations have featured in the ad hoc tribunals’ trials and judgments. The fact is that only a very few professionals are equipped with the knowledge necessary to fully apply the potential of science in civil, criminal, and family legal matters.
The law recognizes the importance of forensic evidence in prosecuting criminal cases. When scientific methods are rigorously used, without bias or prejudice, they can provide cogent evidence in uncovering and proving the crime. Besides DNA testing, which continues to receive broad support in the courts, a host of older more mundane techniques are routinely used in criminal trials across the world. Perhaps the oldest forensic technique involves finger and palm print identification, which traces to the Chinese as early as 650 A.D.
Forensic evidence is frequently used to both convict and acquit defendants (Giannelli 1997). Because of this, there has been significant growth in the number of crime laboratories in the world during the past several decades (Lappas 1978). In the US, Canada, UK & Australia special acts have been enacted to improve the forensic status so that the crime can be detected with certainty & as a result, the conviction rate can go up. They emphasize more on timely and quality crime scene management.
Forensic science describes the character of the suspect who committed the crime. The evidence indicates the type of crime committed. The situation explains the time of the occurrence. Forensic evidence proves the scene of the crime. A forensic study finds out the modus operandi of the offender. Lastly, it establishes the motive behind the crime. During an investigation, evidence is collected at a crime scene or from a person, analyzed in a crime laboratory and then the results are presented in court.
Forensic science plays a vital role in the criminal justice system by providing precise information through the analysis of physical evidence, and the identity of the culprit through personal clues like fingerprints, footprints, blood drops or hair. It links the criminal with the crime through objects left by him at the scene 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 the crime, the innocence of the accused is established.
Forensic science, thus, also saves the innocent. The surfacing of DNA technology as a method of forensic science provides a tremendous amount of information to the investigating officers that enables them to find the suspect from evidence which he has left at the scene of the crime.
The relevance of forensic science to crime investigation and trial has to stand the limitation of law. The major questions are:
a) what is the constitutional validity of such techniques?
b) To what extent does the law allow the use of forensic techniques in a criminal investigation? Articles 20(3) of the Indian Constitution provide that no person accused of any offence shall be compelled to be a witness against himself. Article 20(3) is based upon the presumption that the accused person is innocent till proved guilty. It also protects the accused by protecting him from the possible torture during an investigation in police custody. Criminal law considers an accused innocent until his guilt is established beyond a reasonable doubt. The Universal Declaration of Human Rights, Article 11, states: “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to the law in a public trial at which he has had all the guarantees necessary for his defence.” Article 20 (3) of the Constitution of India guarantees the fundamental right against self-incrimination and guards against forcible testimony of any witness. This right has been taken to ensure that a person is not bound to answer any question or produce any document or thing if that material would have the tendency to expose the person to conviction for a crime.
(c) What is the evidentiary value of the forensic information obtained from the experts? Sec.73 of the Indian Evidence Act empowers the court to direct any person including an accused to allow his finger impressions to be taken.
Forensic science has undergone remarkable growth in recent years, including in the areas of DNA collection and analysis and the reconstruction of crime scenes. Nonetheless, too few professionals are capable of applying forensic science in legal matters.
Advance technology has given the world a useful and accurate tool for the purpose of a criminal investigation. At present forensic science plays a vital role in crime and criminal detection. The main dictum of the criminal justice system is to afford fair justice. Undeniably, forensic evidence is more real than visual evidence. Forensic science as scientific evidence is a benefit for the criminal justice system.