Introduction
Forensic science has evolved from an aid to criminal investigations to an important component of legal evidence. Indian criminal courts are experiencing a major transition from reliance on eyewitness evidence to reliance on scientific evidence. But this transformation raises significant questions: Is forensic evidence consistently admissible in Indian courts? What safeguards exist in lieu of foreseeable errors or must a cautious approach be taken to the use of scientific evidence? Is science sufficient for justice? To achieve justice, facts must not only be no doubt the ability to recreate events with a level of scientific precision, whether it be DNA samples verifying identity, constitutional rights, guarantees for a fair trial, and possible abuses of the expert opinion are still up for subject of debate.
Although forensic laboratories around the country despite the varied resources available are now commonly understood as vital arms of investigative evolution, the pathway forward is complicated. Just having the tools of science does not guarantee scientific justice.
Meaning
As crimes become increasingly complex due to technological and scientific advances, forensic evidence guarantees that justice is based on more than just statements, but rather valid and quantifiable evidence. Forensic evidence can connect science to law, providing scientific data to courts as a means for assessing fact in criminal trials.
Definition
Forensic evidence is defined as the application of scientific methods and techniques in the investigation of a crime, with the results presented in a court of law, and reported or by way of expert testimony.”[1]
Forensic evidence is becoming more and more important in India’s criminal justice system by assisting in:
- Identifying the accused
- Reconstructing crime scenes
- Establishing a link between physical traces and criminal activity
- Establishing innocence, or guilt beyond reasonable doubt.
Sec. 39 – Opinion of experts When the Court has to form an opinion upon a point of foreign law or of science or art, or any other field, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or any other field, or in questions as to identity of handwriting or finger impressions are relevant facts and such persons are called experts. [BSA]
Conditions or admissibility of forensic evidence in india
- Expertise: The person giving the opinion must be specially qualified in relation to the science or art relevant to the opinion.
- Scientific or Technical Basis: The opinion must have scientific basis or technical knowledge.
- Reliability of the Method: The method or procedure, when producing the opinion, must be accepted, tested and reliable means of producing opinion in the scientific community.
Section 329 – Reports of Certain Government Scientific Experts :- Section 329, BNSS, 2023 is identical in intent and substantially overlaps CrPC Section 293.
It specifies: The report of government scientific experts, specifically:
- Chemical examiners,
- Fingerprint experts,
- Medical officers,
- Ballistic experts,
- Forensic experts, Will be admissible and personal attendance in court is not required, except when the court prefers to call the expert for cross-examination or further clarification.
Types of forensic evidence
- Biological Evidence
Biological evidence is defined as any physical evidence originating from a human being or other biological organisms, and is largely considered in forensic science as a means of identifying subjects or the association of suspects to incidences of alleged criminal activity, and/or reconstructing criminal acts. Usually, biological evidence contains genetic material which can be scientifically analyzed for purposes of comparison and/or profiling.
Types of Biological Evidence
- Body Fluids (Serological Evidence):
Body fluids are one of the most common types of evidence seen in crime scenes. Blood, saliva, sweat, semen, and other unspecified biological materials are especially important in violent or sexual assault cases because they can hold DNA, blood groups, and biochemical markers that can ultimately link a suspect or victim to the scene, or the suspect and victim together..
- Biological Tissues:
Biological tissues such as hair, skin fragments, bone fragments, nails, and muscle remains can endure environmental degradation to yield information that forensic scientists could use. Biological remains may contain cellular material or mitochondrial DNA even after decomposition has occurred, to be used for identification purposes, or in timeline development in current or cold cases.
- Genetic Material (DNA Evidence):
DNA or deoxyribonucleic acid is the genetic map of nearly every cell in the human body. When collected from biological material, such as fluids or tissue, DNA is a very powerful personal identification tool. It is especially useful for forensic purposes where because no two people (other than identical twins) have the same DNA sequence. It is also heavily used as evidence to prove involvement, establish familial relationships or to prove innocence.
As said in The Landmark Guidelines Released of Kattavellai @ Devakar v. State of Tamil Nadu The Court issued provisions on a national basis addressing how DNA evidence should be managed to provide standardization:
- Each DNA sample shall include the FIR number/date, sections of law under investigation, the identity, designation, and police station of the investigating officer, and serial number all documented and signed by the medical officer, investigating officer, and an independent witness.
- The Chain of custody log must begin with the collection and continue documenting every forward movement of the sample until its transfer into the trial court. Every page must be counter-signed by the person acknowledging those movements.
- Evidence must reach the forensic laboratory within and up to 48 hours of collection. Evidence shall remain sealed and remains sealed unless the court allows for disruption in the sealing process.
- Samples and/or packages shall not be disrupted, opened, or resealed if so without judicial authority. [2]
- Physical evidence –
Physical evidence pertains to an object or material such as a gun, blood-stained clothing, a tool, a footprint, and fingerprints that are involved in a crime. Physical evidence is vital in establishing the fact that the accused has, in fact, committed the crime and established their link to the victim and crime scene.
Section 57, BSA 2023 (Following on from old Section 60 IEA):
This section provides that oral evidence is likewise required to be direct, but unlike Section 60 IEA it accepts real (material) evidence as relevant and admissible if it is sufficiently relevant and properly tendered in evidence in court.
Section 22, BSA 2023 – Facts indicating the presence of physical things:
This provision is about facts that may be relevant because of their physical existence, for example a knife with blood on it or a sweater that has been torn, which would be able to support or contradict oral evidence and/or documentary evidence.
Section 63, BSA 2023 – Proof of physical evidence by production:
States physical items may be proved by production to the court, provided these items are authenticated by a witness or official who either seized or took custody of the items, maintaining the chain of custody.
[BNSS] Section 105 – Search and Seizure (Corresponds to old Section 61, CrPC)
This section governs the legitimacy and procedure for the conduct of a search and seizure. It mandates that any physical evidence retrieved must Be documented in an inventory; Be sealed and labeled; and be documented in the presence of two credible witnesses who are impartial. The section ensures both transparency and legitimacy to ensure admissibility and protect against any procedural irregularities.
Section 349 – Judicial Inspection of Evidence
This section gives the trial court the right to inspect any place, item or thing that is evidence for the facts in issue. The court can Observe and assess physical evidence such as a weapon, clothing or documents. Verify, with either testimony, reports from an expert or inspect for their self, Improve judicial comprehension of physical evidence and forensic material exhibited at trial.
As said in Harpreet Singh Talwar @ Kabir Talwar v. State of Gujarat The Supreme Court determined that direct recovery of physical items was not necessary to prove conspiracy Physical evidence is not required, but procedural fairness is vital when parties rely on physical evidence.[3]
- Chemical Evidence –
Chemical evidence includes any evidence subjected to scientific study to determine the identity, extent, and concentration of chemical materials. Chemical evidence is vital in all kinds of criminal acts including poisoning, narcotic offenses, arson, and creating a hazardous materials incident (i.e., explosives, other acts of terrorism). Examples of chemical evidence are toxicology reports, analysis for explosive residue, identification of controlled substances, and detection of chemical accelerants in fire cases.
Section 64 (Like old Sec. 65B IEA) When the chemical test results are produced or stored electronically (any digital toxicology lab system) certification for electronic records is required. The admissibility criteria under section 64 BSA – For these to be admissible:
- The report must be created as a printout or electronic record.
- The electronic report must be accompanied by A certificate under section 64(4) certifying that the device was functioning properly.
- The data was entered and processed in a regular and lawful manner.
- Digital Evidence:
Digital Evidence is any evidence in a form usable in court where probative information stored or communicated in binary form can be presented as evidence. Examples of where digital evidence can be found include:
- Computers, mobile phones, and tablets
- Servers and/or cloud storage
- Surveillance equipment (CCTV systems, drone footage)
- Messaging and communication platforms (emails, WhatsApp, Signal)
- GPS devices and associated geospatial data etc.
Digital evidence tends to be ephemeral, easy to alter, and technically complex; therefore, specific legal and technical protocols are needed to qualify and assure it in court.
Section 311A BNSS (old Sec. 311A CrPC):
On collection by a below-average layer without the consent of the accused under a court order by a Magistrate, will permit charges to be preferred against the accused after collecting voice samples, fingerprints and handwriting.
The audio tapes leaked and were politically sensitive material. The SC ordered neutral forensic testing of we audio files in order to
- Check for originality (using waveform & spectrography),
- Check for editing or artificial intelligence (AI) tangents,
- Check that the evidence was without bias, authenticated by an expert.[4]
Case law – Selvi vs. State of Karnataka [5] The Supreme Court of India has ruled that involuntary narco-analysis, polygraph tests, and brain-mapping, violate the fundamental rights under Article 20(3) and Article 21 of the Constitution. The Supreme Court stated that forcing an accused/suspect to undergo involuntary narco-analysis, polygraph tests, and brain-mapping without informed consent is testimonial compulsion and therefore it violates Article 20(3). Protection against testimonial compulsion also includes an individual’s0 mental privacy and bodily integrity and rights, which also violates an individual’s personal liberty right under Article 21. The Supreme Court reiterated that even if the accused or suspect underwent narco-analysis or brain-mapping with consent, then what they say under the narco-analysis or brain-mapping tests have no separate evidentiary value unless they are supported by other admissible material evidence. That is, what is found through narco-analysis or brain-mapping is not admissible solely as proof that the accused or suspect is guilty under Section 45 of the Indian Evidence Act, 1872, which is about the expert opinion of evidence. This judgment strongly reinforced the foundational commitment that expert testimony but not forensic evidence must honour constitutional rights and a data expert opinion cannot derogate the fundamental rights of individuals in criminal justice.
Furthermore, In Ram chandra vs State of UP The Court acknowledged the scientific significance of forensic methods including fingerprint identification and handwriting identification. But, it cautioned that expert testimony should be treated cautiously and that courts need corroborative material evidence. In some cases, the Court did establish precedents for recognizing expert opinion and its relationship to other forms of direct and circumstantial evidence.[6]
State v. Nalini (Rajiv Gandhi assassination case) The Function of Forensic Evidence (DNA Evidence Underlined) DNA profiling and forensic anthropology were employed to:
- Identify the suicide bombers remains.
- Verify blood and biological samples on clothing and other personal effects.
The human flesh fragments recovered from the location were compared and matched to the deceased relatives of the suspect bomber, confirming the identity of the suicide attacker and Forensic imagery, chemical residue analysis, and examination of the post-blast scene bolstered the establishment of the execution and the organisation of the assassination.
The judgement –
The TADA Court found Nalini, etal. Guilty on scientific, circumstantial, and testimonial evidence. The Supreme Court of India, while upholding some convictions and commuting others, accepted the DNA evidence as:
- “Reliable, conclusive, and corroborating evidence.”
The judgment highlighted that “DNA profiling, which is based on precise science, has a high degree of reliability and serves as an important tool of criminal justice when used with mecorroborative safeguards.
Priyadarshini Mattoo Case – Forensics secured conviction after earlier acquittal.
Santosh Kumar Singh v. State through [7]
The Role of Forensic Evidence in Appeal – The CBI’s appeal to the Delhi High Court relied on a lot of scientific and forensic evidence to get the acquittal overturned. Three major areas of forensic science became the shopping list for the prosecution:
- The semen stains on the victim’s inner wear and bed sheets were sent for DNA testing. The DNA profile matched the Appellant’s, Santosh Singh’s, which confidently and firmly linked him to the sexual assault. The High Court accepted DNA fingerprinting as being scientifically valid and reliable. It held that DNA fingerprinting established that the accused was at the scene of the crime.
- The postmortem report showed a furious act of physical assault. Bruises were already evident and there were bruises from vein strangulation, indiscriminate blunt force injury to the surrounding parts, and deliberate external strangulation. The injuries found in the report were consistent with a heavy iron weight that belonged to the accused, and extracted from the crime scene. The evidence supported the prosecution’s submission that this was and deliberate violent act with some degree of premeditation.
- Fingerprint evidence from the crime scene matched the appellant’s fingerprints. The hair strands, skin flakes and trace evidence were examined and were consistent with the charges, corroborating the narrative put forward by the prosecution.
Recent trends and reforms
- Cyber crime –
Indian cybercrime is at an all-time high, with phishing, hacking, online fraud, and other cybercriminal activities directed toward individuals, companies, and even the government. With greater digital connectivity, prosecuting offenders is increasingly difficult in the absence of adequate cyber forensic tools.
- Intellectual property theft –
There are laws like The Copyright Act, 1957, and The Patents Act, 1970, in India. However, weak enforcement is due to slow trials, a lack of technology skills, and public unawareness. India needs to improve enforcement units for IP, digital monitoring systems, and judicial training in IP rights. This will help protect innovation and economic integrity.
- Challenges –
Counterfeit goods are now available on online marketplaces, and tools powered by AI are being abused to imitate original content, songs, and even works of art. Startups and individual creators are particularly exposed, usually due to an inability to monitor such violations much less to mount a legal challenge to protect their rights. Also, the issue of IP theft across borders makes the matter of jurisdiction and enforcement more complicated.
Conclusion
India’s innovation economy, creativity, and global reputation face serious threats from intellectual property theft. The risk of illegal use, copying, and piracy continues to rise as digital platforms become central to commerce and content sharing. Even with a solid legal system, India’s inconsistent and slow enforcement often discourages both investors and creators. India needs to build a strong enforcement system using better technology, skilled IP officers, awareness campaigns, and effective legal solutions.
About Author
Mansha is an advocate and she has completed her studies from Department of Legal Studies at Desh Bhagat University in Mandi Gobindgarh, Punjab. She strongly believes that research is the essence of law—without effective research abilities, a lawyer lacks the means to make a significant difference.
With a strong interest in Intellectual Property Rights and Human Rights, Mansha distinguishes herself through her analytical mindset and dedication to addressing socially relevant and often contentious topics. She is especially attracted to issues that impact not only the legal framework but also the daily lives of citizens throughout the country.
References
[2] 2025 LiveLaw (SC) 703 ; 2025 INSC 845
[3] Harpreet Singh Talwar @ Kabir Talwar v. State of Gujarat 2025 INSC 662
[4] In re: Manipur CM Leaked Audio Case (SC, 2025)
[5] (2010) 7 SCC 263
[6] 1957 SC 381
[7] (2010) 9 SCC 747