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The IUP Journal of Law Review :
Admissibility of Scientific Evidence: Judicial Trends in India
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Changes are inevitable and are bound to happen. Changes in the society are complementary to various law reforms. There have been many changes in criminal investigation system wherein new technology and new gadgets are used by the investigating personnel to arrive at a conclusion. Many mysterious cases have been resolved based on the scientific/forensic reports. Depending on the gravity of such evidence, gradually the courts, with proper justification, started to rely on such reports. Keeping this in view, the paper deals with the pros and cons of the admissibility of scientific/forensic evidence. The ongoing judicial trends in India have been compared with the trends in the United States and the United Kingdom.

 
 
 

Technology and law are two branches of the same phenomenon. Both are meant to provide ways and means to meet the growing needs of a society. While one controls the social order, the other provides real-life solutions aimed at meeting the challenges of life and society. The present technology, as a huge reservoir, provides solutions to many socio-legal problems through its advanced intellectual innovations.

Most of the legal systems are primarily based on ‘eye witness’-oriented criminal administration system. This system has certain drawbacks like: (1) Eye witnesses may not be available in every case; or (2) If available, for some reason or the other, they may turn hostile, or may be influenced. Hence, it becomes inevitable for the judiciary to rely on circumstantial evidence and experts’ opinion.

The development of science and technology has a direct impact on law and administration of justice system. Technology provides an answer to identify the root of the intricate problem in cases where the traces of evidence fail to provide a conclusive proof. The evidence collected from the scene of offence helps in tracing the criminals using new scientific methods. All cases which have ended up as a mystery are now being solved and possibly prosecuted using the current forensic technology. It is of great use in the administration of both civil and criminal justice.

 
 
 

Law Review Journal, Admissibility, Scientific Evidence, Judicial Trends in India, Recognition, Formation, Attraction and Retention, Empirical Approach, DNA Finger Printing, Forensic Ballistics, Genuineness of Documents and CDs, Indian Institute of Science.