forensic dna analysis

PROVISION OF INDIAN EVIDENCE ACT

When we acknowledge the foundation of the Indian Evidence Act in India or the judging criteria.

It should be suggested that these subsequent varieties of expert opinion are additionally applicable:

(a) The Foreign Laws-

 The Foreign Law is proved by the following points-

(1) The evidence of someone who is especially skilled in that.

(2)  The direct relevancy to the books that are either printed or published under the authorization of the foreign government.


(b) Science or Art-

The Science or Art filed is consist of all subject on which a course of special study and knowledge or experience which is important for the formation of an expert opinion in court.

The Science or Art discipline is not limited to a higher level of science and arts, but as we know it is the initial sense of handicraft, trade, profession and skill in work that has been carried beyond the field of the common activities of life into that of the creative and scientific action.

The subsequent matters in which art and science are included and thus the expert opinion are admissible for those matters which are following -

(c) Medical Opinion-

According to the Indian Evidence Act, the worth of medical evidence is solely corroborative. A Doctor or a medical officer acquires special knowledge of medication and surgery and intrinsically he's an expert.

The opinion of a medical practitioner or doctor, a physician and a surgeon could even be accepted in evidence to show in the court-

I. Physical appearance of an individual

II. Age of the person

III. Reason for the death of the person

IV. Types and the effect of the disease or injuries on body or brain

V. The mode and materials by which such kind of injuries was caused to a person

VI. Estimated time at which the injury or wound are caused

VII. Also to check whether the injury and wound are deadly in nature

VIII. Cause, symptoms and the abnormalities of the disease and whether the disease is likely to cause the death of a person

IX. Possible expected issues of an injury etc.


Whenever we have a dispute between the medical evidence and visible evidence, the oral statement (which can be evidence) of an eye-witness, the medical evidence has domination on all those evidence and it is also essentially opinionative.

If direct evidence does not have support by any expert evidence.

Then that evidence requires within the foremost elements component of the prosecution case and thus it would be more challenging to convict the accused supported such evidence.

When the evidence of the prosecutor's witness is completely incompatible with medical evidence and this is the foremost elemental defect within the prosecution case and unless this consistency reasonably explained also it is all right to discredit the evidence, that is because of the whole case.

Contrary opinion- where the opinion of a medical witness is denied by another witness or expert and both the experts are equally capable to make an opinion and the court will only accept the opinion in which the expert can link or validate the evidence within the case in court.

(d) Handwriting Experts Opinion-

As we know the expert opinions which are listed above provides a crucial and informative opinion in court and these opinion of a specialist is advisory in nature.

The handwriting expert can compare contradicted handwriting with the admitted handwriting and provides his opinion on whether one person is that the composer of both the handwriting.

Before giving any conclusion, based on the expert witness the court shall work on care and caution at the time of determining the genuineness of handwriting.

A graphologist can approve only possibility and hundred percentage certainties. On the question of the handwriting of an individual, the opinion of a specialist has applicability but this is not a conclusion of difference in handwriting and it can be proved by other means also.


A different method for proving to handwritings-

1. The first method is that if a person who wrote the document can prove it. (According to the Sec.47)

2. Secondly, if a person who saw someone writing or signing a document can prove it. (According to the Sec.47)

3. Third, if a person who is advised with the handwriting by receiving the documents speculated that should be written by the party back to his communication or within the normal course of business can prove the documents.

(According to the Sec.47)

4.Fourth is, the court can make an opinion by comparing challenged handwriting with the permitted handwriting. (According to the Sec.73)

5. Fifth is, the expert can also compare challenged handwriting with the permitted handwriting and can also prove or disprove whether the documents were written by the same or different person. (According to the Sec.45)

(e) Fingerprint expert’s opinions-

Expert opinion on fingerprints has the identical value of his opinion as an expert witness because of the opinion of the different expert.

The Indian evidence act says that the court would not take the opinion of a fingerprint expert as conclusive evidence but must examine his evidence within the sunshine of surrounding circumstances to satisfy itself about the guilt of the accused during a criminal case.

(f) Ballistic Expert’s Opinion-

The role of a ballistic expert is that they can find a bullet or its cartridge by which they are shot from a particular weapon.

Forensic ballistic experts may also furnish their opinion about the gap from which an endeavour/causative material was fired and so the time when the weapon was last used.

(g) Evidence of tracking dogs-

Nowadays for proper investigation, some trained dogs are used for the detection of crime during an investigation. As the court advises to the trainer of tracking dogs can provide evidence about the nature of the dog. This evidence of the tracker dog is admissible under Sec 45.