FORENSIC EVIDENCE IN CRIMINAL JUSTICE SYSTEM IN THE LIGHT OF DAUBERT STANDARDS

Abstract

The term ‘evidence’ has been defined under Section 3 of Indian Evidence Act, 1872 to mean and include an oral and documentary evidence. There are various kinds of evidence under the law, the most important being the ‘material evidence’. It is involved as a part of crime and is usually recovered from the crime scene or from a place where the accused or victim has been present either before or after the commission of crime. Blood, hair, semen, fingerprints, shoeprint etc. are all real evidence. There are many evidences which are used in a criminal trial. One such kind of evidence is scientific or forensic evidence. These evidences are important in proving a case as they are based on the knowledge that has been developed by using scientific method. Many types of evidence are considered as scientific evidence such as DNA fingerprinting, fingerprint identification, hair analysis etc. The term forensic evidence incorporates two distinct ideas. The ‘forensic’ part refers to the laboratory and observational processes utilized in the forensic science at issue from which necessary facts get generated. The manner in which DNA is extracted, tested, and subjected to population analyses is a primary example. The ‘evidence’ part refers to an impartial procedure of collection of information in a litigation which leads and guides a judge to reach a particular conclusion relating to a fact in issue.