A Survey-Based Study on the Significance and Scenarios of Forensic Science in the Different Hierarchies of the Criminal Justice System

Kumar S and Kumar v

Published on: 2023-11-20

Abstract

Background of the Study

Forensic science is an integral part of the stakeholders involved in the criminal justice system and it plays a significant role by providing objective and scientific analysis of evidence to aid in the investigation, prosecution, and resolution of criminal cases. The interplay of forensic science varies at different hierarchical set-ups of judicial systems. Nowadays every states in India is using forensic science to the different extent but its efficacy and actual scenario has not been evaluated. This study conducted to insight into the strength and weakness in infrastructure, also allows a comprehensive understanding of the challenges faced by different stakeholders and their feedback on potential of the forensic science and gives understanding to identify the gaps in current system which enable the system to make better policy related to forensic science.

Methodology

The survey was carried out in three districts of Jharkhand: Ranchi, Hazaribagh and Chatra. The study aimed to assess the effectiveness of forensic science at Jharkhand criminal justice system. It included different Law enforcement agencies Police Personnel working with the Jharkhand State Police, Forensic Scientist of Directorate of Forensic Science Jharkhand, Public Prosecutor, Defence Lawyer and Judicial officer. Both qualitative and quantitative aspects have been taken into consideration for the study. The methodology followed by a questionnaire-based interview.

Result

The Police officer and Station In-charge of the respective Police Station were undergone for Forensic training and have knowledge about the various Forensic tools and their use the investigation process. The exposure of Forensic knowledge includes Forensic Physics, Forensic Chemistry, Forensic Explosives, Toxicology, Narcotics, Forensic Explosives, Forensic Ballistics, Cyber-Forensic, Forensic biology and DNA etc. It was reported by Police officers that there is need of improvement in investigation process. The modification and effective investigation process should be employed with the help of using scientific aids and tool. Lawyers and public prosecutors also found forensic report highly relevant and useful in courtroom.

Keywords

Forensics, Law Enforcement Agency, Police, criminal justice.

Introduction

Forensic science can be defined ‘as the scientific discipline which is directed to the recognition, identification, individualization and evaluation of evidences by the principles and methods of natural sciences for the purpose of administration of ‘justice’. Forensic science [often shortened as forensics] is the application of a broad spectrum of sciences to answer questions of interest to the legal system. This may be in relation to a crime i.e., criminal cases or to a civil action means civil cases. Forensics means Court of law, is the discipline concerned with application of mixture of sciences to the court of law. Justice system always needs the facts and evidences to prove the crime against the person. Most of the judgment based on the eyewitness and in ancient time it played very important role in awarding the judgment. But now days due to modernization of technology involved in crime, change in modus operandi and increasing the number of hostile witnesses causing delay in justice. Therefore, the role of forensic science has been increasing day by day in criminal justice system.

Methodology

Selection of Study Area

The present research was carried out in the various districts of Jharkhand: Ranchi, Hazaribagh and Chatra. The study was done on the different Law enforcement agencies Police Personal working with Jharkhand State Police, Forensic Scientist in FSL Ranchi, Public Prosecutor employed by govt. of India, Defence Lawyer and Judicial officer.

Sample Size and Data Collection

A total number of 100 Law enforcement officials are covered during this study which includes 60 Police officers, 10 Public Prosecutor, 10 Defence lawyer, 10 judicial officers and 10 Forensic Scientist of FSL. The sample is taken from Police Officers of thirty Police Stations of various districts in Jharkhand, Judicial officers, Public Prosecutors and Defence lawyer of Jharkhand High Court and District Court of Ranchi, Scientific Officers and Deputy Director of State Forensic Science Laboratory Ranchi. The primary data is collected from these law enforcement officials based on Questionnaire method and subjective questions. There are five sets of questionnaires designed each for Police officers, judicial officers, public prosecutor, Defence lawyer and Forensic expert. And the secondary data is collected from the previous case study, data of case registered under The Arms Act, 1959 in different Police station of Jharkhand.

Tools and Technique

Both qualitative and quantitative aspects have been taken into consideration for the study. The methodology followed was a questionnaire-based interview among the various Law Enforcement Agencies of the Criminal justice System in the selected districts of Jharkhand.

Observation

In the current graph it can be observed that Police investigation in crime cases is effective and investigation process is Forensic significant and scored 70-80 percent with its effective role in Criminal Justice System.

Fig 1: Role Played By Different Law Enforcement Agency in Effective Administration of Forensic Investigation in Criminal Justice System.

Police is the prima facie of any investigation process in the Current scenario of India. Therefore, its approach of dealing different cases either using classical method or with the help of scientific aid play dependent role on other law enforcement agencies. More and more scientific or Forensic approach should be used by police officials in crime cases for the sharp increment in conviction rate. Defense lawyer and Public Prosecutors present the fact of the case in the court, in the above graph it can be observed lawyers scored about 80-90 percent to present the Forensic facts in related cases to the court.

The prosecution counsel is mostly responsible for presenting Forensic evidences and report and defense counsel defend and argue on the Forensic report and cross-examination of forensic expert testimony is performed. Forensic expert plays vital role in scientific investigation cases. Report and opinion of Forensic Scientist can reveal the truth beyond imagination. It deals with identification, examination and analysis of different evidences encountered at crime scene. It is observed Forensic expert scored 75-80 percent of their effective role in administration of Justice in related cases.

Judicial officers of the court govern the entire law enforcement agency and act as supreme observer and controller of the work of these agencies. All of these are answerable to the court and brings their investigation findings and fact of the cases to the court and the final judgment is given by the court by examining all the reports, evidences, witness of the case.

Forensic Access to the Police Officers

All the police officer and Station In-charge of their respective Police Station are undergone for Forensic training and have knowledge about the various Forensic tools and their use in the investigation process.

Fig 2: Exposure of Various Forensic Tools to the Police Officers.

The above graph reflects the training of Police officer in various investigation tools. It is observed that about 95 percent of the police officer are undergone training for Forensic Fingerprinting that is maximum percentage as compared to other Forensic tools like Forensic Ballistics, Cyber Forensics and Forensic Biology and DNA.

Fingerprint is one of the common and frequently found evidence at every crime scene; it is type of pattern evidence that helps to identify the individuals. Cyber Forensic is new concept of crime in modern era of digital world. Therefore, cyber-forensic experts and trained police officials are required to deal with cyber fraud cases such as ATM fraud, identity theft, online abuse, blackmailing cases etc. A total 38 percent of the police officials are undergone for Cyber Forensic training.

Forensic Biology and DNA deals with trace biological evidence found at different crime scene of murder, rape etc. These evidences are like blood, hair, semen, saliva, urine etc. are important evidences against the offender, help to identify the accused and to establish their identity. A total 40 percent of the police official’s undergone training of Forensic Biology and DNA tool. A total 40 percent of the Police officials undergone for training of general forensic tool. The Forensic ballistics helps to investigate the crime scene related to Firearms and ammunition.

Accuracy of the Forensic Report

The forensic report is important evidence in court of law in forensic related cases. It is based on the examination finding of laboratory that is relevant and accepted in the court.

Fig 3: Relevancy of Forensic Report According To Police Officer.

According to the police officer the relevancy of the Forensic report is relevant to the investigation finding of Police team and as the above graph reflects 40 percent of police officers considered forensic reports highly relevant during their investigation of registered case. A total 60 percent of the police officer found Forensic report relevant and accepted in the court. The prosecution counsel presents the Forensic evidences and reports in the court and found relevant in all civil and criminal cases in which Forensic report is submitted to the court.

Fig 4: Relevancy of Forensic Ballistics Report According to Lawyers.

Fig 5: Relevancy of Forensic Ballistics Report According To Judge.

The above graph reflects that 20 percent of the Judges Found Forensic report highly relevant in criminal cases and 80 percent of the total Judges Found Ballistics report relevant in the fate of trial in different criminal and civil cases.

Discussion

Forensic science plays a vital role in Criminal Justice System by providing scientifically based information through scientific investigation and analysis of various evidences. During an investigation, evidence is collected at a crime scene or from a person, analyzed in Forensic Laboratory and then report is presented in the court.

All the police officer and Station In-charge of their respective Police Station were undergone for Forensic training and have knowledge about the various Forensic tools and their use the investigation process.

The training of Forensic tools to the law enforcement agencies plays a vital role in effective administration of justice in the country. All of the law enforcement relating person must have gone under training for various Forensic tools. The Forensic tools and knowledge include Forensic Physics, Forensic Chemistry, Forensic Explosives, Toxicology, Narcotics, Forensic Explosives, Forensic Ballistics, Cyber-Forensic, Forensic biology and DNA, Forensic anthropology, Forensic medicine etc. The knowledge of scientific tools is essential part of legal arena in modern science era.

The opinion given by judicial officer for using Forensic tools in criminal cases was beneficial for speedy trials and disposing cases on time. A number of criminal cases were solved easily in which scientific evidences are produced by prosecution counsel. There is a challenge regarding submission of scientific reports of Forensic on time due to various reasons. Availability of Forensic report on time will help to dispose all criminal and civil related cases easily. It is stated that “a man can lie but science always speaks truth”.

According to the 60 percent of police officer the relevancy of the Forensic report is relevant to the investigation finding of Police team, and statistics of observation shows 40 percent of police officers considered reports highly relevant during their investigation of criminal case.

It is also found Police officers gave their opinion that there is need of improvement in investigation process. The modification and effective investigation process should be employed with the help of using scientific aids and tool.

Defence lawyer and Public Prosecutors present the fact of the case in the court, in the above graph it can be observed lawyers scored about 80-90 percent to present the Forensic facts in crime cases to the court. The prosecution counsel is mostly responsible for presenting Forensic evidences, report and defence counsel argue on the Forensic report and cross-examination of Forensic expert testimony is performed.

There is need of more advancement of scientific tools and techniques in the field of crime investigation. Forensic investigation should be made compulsory in every crime scene along with the Police investigation and this scientific method can aid judiciary to overcome traditional method of relying on eyewitness.

Acknowledgement

Senior Superintendent of Police Ranchi, Superintendent of Police Chatra, Superintendent of Police Hazaribagh, Jharkhand State Bar Council, Ms. Jaya Singh (Assistant Director) and Sri Satyendra Singh (Additional Director), Directorate of Forensic Science, Jharkhand Ranchi. Dr. Siddhant Chandra (Assistant Professor, Department of Law, VBU Hazaribagh).

International Journal of Forensic Medicine and Pathology