forensic dna analysis

RELATIONSHIP BETWEEN LAW AND FORENSIC SCIENCE

 

FORENSIC SCIENCE:

This is defined because of the application of science in answering the question that's of legal interest. 

Moreover correctly, forensic scientists apply techniques and tools to clarify crime scene evidence and use that information in investigations.

Forensic scientists and technicians come from various academic backgrounds, although most have completed course add the life sciences, chemistry, and enforcement.

THE FORENSIC SCIENCE LABORATORIES:

The forensic science laboratories, or the organization, just like the International Forensic Sciences (IFS), Indian Forensic Science Improvement Board and Central Forensic research laboratory (CFSL), CBI etc. are legally identifiable. 

The forensic science laboratories are organized and operated in such the simplest way that it meets the accreditation requirements while performing add it’s permanent, temporary or mobile facilities (including field operations and regional laboratories).

The laboratory clearly defines and documents the sort and extent of the forensic science services it provides.

Management ensures that:

(a) The laboratory doesn't engage in any activities that may diminish trust in its competence, impartiality, judgement or operational integrity.

(b) The laboratory personnel are free from commercial, financial or other pressure which may adversely affect the standard of their work.

FORENSIC SCIENCE AND OTHER STATUTES:

The degree of proof required is also somewhat different in civil and criminal cases but a mode of giving evidence is governed by identical legislation.

In India, we've an adversarial system of justice administration and ordinarily medical evidence is admitted only if the expert gives oral evidence under oath within the courts of law except under special circumstances like:

1.When the evidence has already been admitted in court

2.Expert opinions expressed during a treatise.

3.Evidence given in an exceedingly previous legal proceeding.

4. Expert can't be called a witness.

In India, hospital documents like admittance/discharge register, birth/death certificates etc. are managed. there's a common concept is that enough of your time and efficiency is required within the shape of workers to register evidence

By and enormous, the members of the medical community don't prefer to be involved in medical-legal cases. 

A number of the possible reasons argue for this perception are:

1.Undue time consumption.

2.Repeated adjournments.

The criminal Procedure Code prescribes the procedure from the purpose of taking cognizance of crime by appropriate judicial Magistrates till the delivery of ultimate order of conviction or acquittal or any appropriate order looking into the actual fact of the case. 

Indian Evidence Act is inhibited in its opportunity of leading evidence in civilian or criminal cases either by the prosecuting attorney or defendant, applicant or respondent. 

The Act also lead with quite an evidence and relevancy of any fact which may be brought as evidence in any case.

Thus far as criminal jurisprudence in India, the concerned doctrine of “onus probandi” is within the field and therefore-one shall be presumed innocent till his crime is proved. 

Under the Law of Evidence, it's not only proved but proved beyond an affordable doubt.

This principle of onus probandi has restricted the utilization of forensic science in an exceedingly criminal trial in India. 

It's very difficult to mention anything beyond an affordable doubt up to now as techniques of ascertaining fact with the assistance of forensic science are concerned. 

But with time, modern techniques have developed within the field of forensic science which is capable of ascertaining facts somewhat beyond an inexpensive doubt. 

In this background, it's more appropriate to conduct a study within the recent Judgement of the Supreme Court of India to determine the change within the approach and attitude of the judiciary for appreciating forensic evidence in civil and criminal cases in India.

FORENSIC SCIENCE AND CRIMINAL PROSECUTION:

To initiate action, it must be made certain that who has committed the crime. 

The police and therefore the Investigating Officer (IO) are involved in the collection of evidence and statements of witnesses. 

At every stage, forensic science helps the prosecution agencies nabbing the criminal at the earliest.

NEED OF FORENSIC SCIENCE:

Ancient humankind was deficient in regulated traditions of forensic science, which promoted criminals to escape from punishment.

Criminal investigation and trials relied on oaths, and confession and witness testimony, in a very time when a distinction between science and such phenomena as religion, magic and superstition had not yet been made, some civilization used practices like trials by the ordeal to see guilt or innocence.

However, ancient sources certain several accounts of techniques that foreshadow the concepts of Forensic Science that were made possible by the scientific revolution centuries later. 

Predating the methodology, these techniques weren't supported a scientific understanding of the planet within the modern sense, but rather on good judgment and practices experience.

On the opposite hand, the event of an accurate way of measuring density by Archimedes marks a watershed within the use of objectives methods, not just in forensic but also in natural science.