Forensic Evidences in Criminal Trial: Need of the Hour
14 Pages Posted: 19 Jul 2012
Date Written: July 18, 2012
Abstract
Trials in Indian Court are conducted with the help of Two major criminal procedure laws, The Indian Evidence Act 1872 and Criminal Procedure Code 1973 both the laws specifically provide for Expert testimony of Medical Practitioners and other experts. Careful study of Judicial decisions of Supreme Court of India reveals that Courts have rarely relied upon such evidences because they do not explain the facts beyond reasonable doubt or because performance of such tests can not be mandated in the light of Right to life and liberty under Article 21 of the Constitution. Here an attempt is made to highlight the need of recognizing such tests in criminal trials in the light of changing modus oprendi of criminals and spectacular growth in the science in this regard in a last few decades.
Keywords: forensic, evidence, trial, expert testimony, modus operandi
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