Forensic Evidence And Right To Privacy
, 2022-09-26 00:04:40,
The Indian Evidence Act, 1872 is one of the oldest legislations in our country. Although various amendments have been introduced, some provisions have become out-dated especially with the extensive involvement of forensic science. In the last two decades, there has been a drastic change in committing a criminal offence as well as its investigation. To keep pace with the development in forensic science, the Indian courts are placing heavy reliance on DNA results. DNA testing has an unparalleled ability both to exonerate the wrongly convicted and to identify the guilty.[i] A three judge bench of the Hon’ble Supreme Court in Mukesh and Anr v. State (NCT of Delhi) observed that DNA technology as a part of Forensic Science and scientific discipline not only provides guidance to investigation but also supplies the Court accrued information about the tending features of identification of criminals. The DNA technology over a period of time has made significant progress and achieved sophistication to the extent that the Courts world over with increasing level of confidence, have been relying on the DNA testing.
Forensic Evidence: Relevancy And Admissibility
In order to appreciate the position in India regarding the relevancy and admissibility of forensic evidence, it is significant to note the two standards which were developed in the United States regarding the admissibility of expert evidence. The two standards were ‘Frye standard’ and ‘Daubert standard’ as propounded in Frye…
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