Forensic evidence and criminal justice system in India

Forensic evidence and criminal justice system in India

by sangslegal.com

I. Introduction

Forensic evidence plays a crucial role in the criminal justice system. Derived from Latin "forensis," meaning a public place or forum where debates and discussions occurred, 'forensic' today is synonymous with crime investigations using scientific evidence. This essay delves into the importance of forensic evidence in shaping the criminal justice system of India.

II. Evolution of Forensic Evidence

The utilization of forensic science in the world of criminal justice has evolved significantly over the years. Its roots can be traced back to the 19th century with pioneers like Alphonse Bertillon, who introduced anthropometry, and Sir Edward Richard Henry, who revolutionized fingerprint analysis. In India, the forensic science application began in 1853 with the Chemical Examiner's Lab in Madras. The evolution hasn't stopped; today, with advancements in technology, forensic science has taken great strides with DNA profiling, cyber forensics, and more.

III. Role of Forensic Evidence in the Criminal Justice System in India

In India, forensic evidence has emerged as a powerful tool in delivering justice. It can fill gaps left by an absence of direct evidence and offer indisputable facts based on scientific scrutiny. Forensic evidence helps in confirming the suspect's guilt or innocence and establishing the crime's factual series. Be it a murder mystery, theft, rape, or cyber crime, proper forensic analysis can turn suspicion into certitude.

There are various types of forensic evidence aiding India's criminal justice system. Physical Evidence, like fingerprints, toolmarks, footprints, fibers, can link a person to a scene. Biological Evidence, including DNA, blood, hair, can offer undeniable identity confirmation. Chemical Evidence, such as narcotics, poisons, can detect wrongdoing, while Digital Evidence uncovers complex crimes in today's tech-savvy world.

Forensic investigation in India is conducted by accredited forensic science laboratories (FSLs), under the aegis of the Ministry of Home Affairs. Various specialized units - Biology Division, Physics Division, Chemistry Division, Psychology Division, appear under the one umbrella of FSLs. Professionals who work in these labs - Forensic Scientists, are adept in fields like biochemistry, molecular biology, applied physics, and more.

IV. Important Case Laws in India Involving Forensic Evidence

Forensic evidence has been the decisive factor in various prominent cases in India. In the Priyadarshini Mattoo murder case (1995), DNA test results from semen stains on her clothes helped sentence the culprit, despite initial faltered investigation. Similarly, the Aarushi Talwar murder case (2008) rested heavily on forensic evidence. These cases underscore the importance of precise forensic analysis in achieving justice.

V. Forensic Techniques in Criminal Investigations

Several techniques are utilized in forensic investigations, each tailored to specific needs of the case.

 DNA Analysis

DNA analysis has revolutionized forensic investigations. It allows for identification of individuals based on their unique genetic code. It's particularly useful in cases of sexual assault, murder, unidentified bodies, or when establishing familial relationships is key to the case.

Fingerprint Analysis

Fingerprint analysis, an older but still widely used technique, is based on the premise that no two individuals have identical fingerprints. Useful in cases of burglary, murder, or any crime scene where the suspect may have touched surfaces, fingerprinting can help establish identity or tie a suspect to a crime scene Ballistics Analysis

Ballistics involves examining firearms, bullets, and the impact of bullets to determine facts related to their use in a crime. It’s indispensable in incidents involving guns, where it can help identify the type of weapon used, the angle of impact, and potentially link a weapon to a particular crime or criminal.

 Digital Forensic Analysis

In this digital age, digital forensic analysis is increasingly important. It involves the recovery and inspection of data from computer systems, cell phones, or any digital storage device, useful in cases ranging from cybercrime to traditional crimes with a digital element

VI . Legal Provision and Regulation of Forensic Analysis

The legal provision and regulation of forensic analysis ensure these techniques are used ethically and appropriately. Legal provisions generally dictate what may be collected, how it can be collected, analyzed, and stored, as well as who can access it.

For instance, Fourth Amendment protections in the U.S. establishes the legal requirement of obtaining a search warrant before collecting forensic evidence in most circumstances, affirming the individual's right to privacy. DNA samples, for example, are often specifically regulated due to their sensitive nature.

The admissibility of forensic evidence in court is another substantial legal consideration. Usually, a technique needs to have been generally accepted in the scientific community and observed to produce reliable results for it to be considered valid evidence.

In india, As per Article 20(3) of the Indian Constitution, no individual, who is accused of a criminal act, can be forced to testify against themselves. This clause serves to safeguard the accused from the psychological distress they may experience during a police interrogation.

But under Section 73 of the Indian Evidence Act, it is explicitly outlined that any individual, including the accused, may be required to provide either a fingerprint or DNA sample.

According to Section 53 of the 1976 Criminal Procedure Code, an individual suspected of a crime can be required to undergo a medical check-up if it's believed that the procedure may reveal evidence related to the crime.

Section 164A under the Criminal Procedure also empowers the medical examiner to examine the survivor of a rape incident within a 24-hour timeframe.

Finally, there are legal provisions regarding the maintaining and disposal of forensic evidence. These are essential as they permit retesting of evidence in the light of new technologies or to ensure correct procedures were followed in the initial testing.

VII. Conclusion

In conclusion, it is clear that forensic evidence plays a pivotal role in India's criminal justice system. It aids in crime solving, ensures wrongdoing detection, and helps bring criminals to justice. Like any tool, the value of forensic evidence lies in its handling. India needs continued improvements in its forensic science infrastructure and training of legal practitioners on the importance and management of such evidence to ensure justice's accurate delivery. As we progress further into the 21st century, the role of forensic evidence will only be vital and indispensable in our criminal justice system.

Breach of Contract and Its remedies

Breach of Contract and Its remedies

by sangslegal.com

What is a breach of contract  and what are the available remedies for the inflicted party in a breach of contract situation?

Contracts hold importance only when they are adhered to. If a contracted party fails to fulfill their contractual obligation, the contract loses its significance. Hence, it is mandatory for all the involved parties to fulfill the agreed-upon terms to maintain the contract's integrity. Should any party fail to perform their duties, they may be held accountable for a breach of contract.

What remedies does the inflicted party have in the event of a contract breach?

If one of the contracted parties doesn't fulfill its obligations, they would be defaulting, thus breaching the contract. In this case, the inflicted party has certain remedies available under Section 73 of the Indian Contract Act.

1. Right to file a lawsuit: The inflicted party's first course of action can be to file suit against the defaulting party, seeking compensation or damages.
2. Right to claim compensation: The inflicted party, given the contract breach, is entitled to seek compensation.

3. 3. Right to Enforce Penalties:
   Upon signing a contract, the involved parties can reach an agreement to enforce penalties on anyone who breaches the contract. The party burdened by the contract breach can demand the agreed-upon penalty from the defaulting party.
   4. Right to Recover Interest:
   In the event of a contract breach, the affected party has the right to claim not only compensation but also any relevant interest from the party at fault.
   5. Right to Demand Specific Performance:
   The disturbed party can institute a lawsuit for the specific performance of the contract against the defaulting party. This type of suit is typically lodged when it is impractical to quantify financial loss, if compensation is insufficient, or if compensation cannot be received at all.
   6. Right to Procure Injunction:
   Any party involved in a contract has an entitlement to seek an injunction against the other party to carry out the agreed-upon performance stipulated in the contract. This usually happens when a contracting party is unwilling to fulfill their part of the agreement.

4. Section 73 of the Indian Contract Act 1872 further stipulates that when a contract is breached, the injured party has the right to seek compensation from the violating party. The remedy sought should cover any loss or damage naturally ensuing from the breach, which was either reasonably foreseeable during contract execution or anticipated due to the violation of the agreement.

Difference between closure and lockout: Labour Law

Difference between closure and lockout: Labour Law

by sangslegal.com

The term 'Closure' is outlined in Section 25 of the Industrial Dispute Act, 1947. It signifies the permanent discontinuation of operations in an industrial establishment. Simultaneously, 'Lockout' represents an employer's decision to shut down a workplace or suspend work, often in response to employee disputes. This action typically occurs when the employer chooses not to continue employing a specific subset of their staff. This concept is documented under Section 2(1) of the Industrial Dispute Act, 1947.

In both closure and lockout situations, the Deputy Labour Commissioner possesses a significant role. Closure is typically a result of unavoidable difficulties. Prior to this action, it is required to obtain the appropriate government's prior sanction. Should the Deputy Labour Commissioner instruct that a meeting should be arranged for a dignified agreement before the closure of the establishment, any previously made closure application can be withdrawn. Under such circumstances, this withdrawal will be deemed authentic and not fraudulent.(Sarv Shramik Sangathan Mumbai vs Government of Maharashtra AIR 2008 SC 946.)

The distinctions between closure and lockout are as follows:

1. A lockout refers to the temporary cessation of work in an industrial setting, on the other hand, closure signifies the permanent cessation of operations.
2. The employer initiates a lockout with the aim of coercing employees to either retreat from or lower their demands. The lockout functions as an arm of coercion in the employer's hands, while closure typically occurs due to uncontrollable circumstances.
3. Usually, workers do not receive compensation during a lockout, yet compensation is required in the event of a closure. This compensation is equivalent to the average salary for 15 days for every full year of service, replica borse and for any period exceeding six months.
4. The relationship between employer and worker remains intact in a lockout, whereas it ends in the event of a closure.
5. The employer is not required to provide notice in a lockout situation, while a notice is mandatory in a closure situation.
6. The appropriate government's prior sanction is not needed in a lockout scenario. However, when dealing with a closure application, the government's previous sanction is a prerequisite. A request for prior approval must be made at least 90 days in advance..