Harmonious Interplay Of Fair Trial And Scientific Investigation - A Constitutional Odyssey
Author: LawSphereX
Category: Constitutional & Human Rights
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HARMONIOUS INTERPLAY OF FAIR TRIAL AND
SCIENTIFIC INVESTIGATION: A CONSTITUTIONAL ODYSSEY Kashvi Dalal, B. B. A. L. L. B (Hons), National Forensic Sciences University, Delhi Campus “Criminal Judicial System in this country is at cross-roads, many a times, reliable, trustworthy, credible witnesses to the crime seldom come forward to depose before the court and even the hardened criminals get away from the clutches of law. Even the reliable witnesses for the prosecution turn hostile due to intimidation, fear and host of other reasons. Investigating agency has, therefore, to look for other ways and means to improve the quality of investigation, which can only be through the collection of scientific evidence. ”1 In 2008, a gruesome and chilling murder of 14 years old Arushi Talwar and the following chaotic investigation shook the nation.
What originally started out as a search for justice soon unravelled into a terrifying tale of forensic errors, courtroom drama, and media trials which portrayed the legal system’s vulnerability when scientific investigation fails. Yet, at its core, it raised a more profound and deep constitutional conundrum: how can the right to a fair trial — a sacrosanct — withstand the havoc caused by scientific investigation. The maxim lex uno ore omnes alloquitur, which means “the law speaks to all with one mouth” is a crucial idea that serves the foundation of all legal proceedings in the world. The primary goal of the criminal trials in accordance with the Indian Judiciary is to ensure that every accused is given a fair trial. In Zahira Habibullah Sheikh v. State of Gujarat2, the Supreme Court of India observed “each one has an inbuilt right to be dealt with fairly in a criminal trial.
Denial of a fair trial is as much injustice to the accused as it is to the victim and to society. ” The Indian Judicial System is hence based on the principle of Ei incumbit probatio qui dicit, non qui negat, meaning a person is innocent hence proven guilty.
1 Dharam Deo Yadav v. State of U.P. [2014] 5 SCC 509-C
2 AIR 2004 SC 3114
Article 21 of the Indian constitution3 which covers the right to fair trial was significantly broadened in its interpretation in the landmark judgment of Maneka Gandhi vs Union of India4 which established that personal liberty cannot be curtailed without a fair and just procedure. Free and fair trial has been said to be the sine qua non of Article 21. It is said that justice should not be done but it should be seen to have been done. 5 Additionally, the idea of fair trial is central to the doctrine of human rights, not only as a right in itself but also in the sense that without this right in action, the state cannot be stopped from hampering the cause of justice if it has an undue advantage in the court of law. Justice is contingent upon the truth, and the way we seek to find it is through evidence.
The primary approach used to find the truth in a courtroom is witness testimony, in which the witnesses provide their accounts of what happened. But in real life, these oral witnesses in some cases, are often influenced by extrinsic factors like manipulation, coercion, fear of the judicial process, animosity. The subjectivity of the evidences of these witnesses ultimately leads to the miscarriage of justice. Physical evidence at the same time plays a crucial role in criminal investigations and court cases. It helps the investigators to gather information and reach trustworthy conclusions. Forensic evidence, hence, is not affected by those flaws and is purely based on objectivity. Henceforth, this is where the role of scientific investigation presses into service in the courtrooms.
Scientific investigation, often referred as forensic analysis is extensively used by the judicial prosecutors and defence counsels alike. The advancement of which has presented law enforcement authorities and the courts with a valuable instrument. 6 The scientific information gathered from these studies becomes essential when it comes to confirming or refuting a theory or hypothesis, aligning with the constitutional right to a fair trial by enhancing transparency and factual accuracy. The use of forensic evidence, including digital forensics, DNA analysis, and fingerprint identi fication, has completely changed how crimes are investigated and given law enforcement the ability to convict and exonerate people7.
The main objective of applying scientific evidence is 3 Protection of life and personal liberty - No person shall be deprived of his life or personal liberty except according to procedure established by law.
4 AIR 597, 1978 SCR (2) 621
5 Chandran Ratnaswami v. K.C. Palanisamy, AIR 2013 SC 1952.
6 Stephen Breyer, Introduction to Reference Manual on Scientific Evidence, (2nd edn., 2000)
7 See State (Through CBI) vs Santosh Kumar Singh, 2007 CRIL J 964, 133 [2006]
to guarantee the equitable administration of justice. This is done to penalize the offender rather than the innocent person. The Supreme Court stated that “There is no question that wrongful acquittals are bad and undermine public trust in the legal system, but much worse is the wrongful conviction of an innocent person. ”8 The importance of pushing scientific evidence to detect and prove crimes beyond the scope of other evidence cannot be understated, even though it is not always the sure test. The court frequently has to consider circumstantial evidence, and technical and scientific evidence frequently plays a crucial part. 9 The significance of this technological advancement was upheld in the 2012 Nirbhaya gang rape and murder case10 in identifying and convicting the perpetrators. Expert opinions are always given the weight they deserve by Indian courts.
However, expert testimony is not considered significant evidence and is typically used to support or refute the credibility of oral testimony so when the two conflict, the latter remains supreme, often undermining the former. Expert testimony, in this case, serves solely as advisory material for the Court. For instance, in Ram Chandra v. State of U. P. 11, the Supreme Court ruled that it would be unsafe to consider the handwriting expert's view as a sufficient ground for conviction, but it can be relied on when corroborated by additional pieces of internal and external evidence. It is further unfortunate that there is no specific standard fixed for evaluating the scientific evidences used in the criminal cases in India unlike jurisdictions like USA and New Zealand where Daubert Standard11 as a framework is used. The Punjab and Haryana High Court in Ami Chand v.
Partap13 went on to claim that – ‘The science of identification of fingerprints being absolutely reliable and almost perfect as compared to (the) imperfect nature of the science of the identification of handwriting and signatures, it cannot be disputed that it is permissible for the court to base conviction solely upon the opinion of an experienced fingerprint expert. ’
8 Kali Ram v. State of H.P. [1973] AIR 2773
9 Dharam Deo Yadav v. State of U.P. [2014] 5 SCC 509-C
10 Mukesh & Anr. vs State for NCT Of Delhi & Ors AIR [2017] SUPREME COURT 2161 11
AIR [1957] SC 381
11 Daubert v. Merrell Dow Pharmaceuticals, Inc., [1993] 509 U.S. 579 13
MANU/PH/0754/2002.
It is evident that Indian courts lack a comprehensive understanding of how to independently evaluate the reliability and validity of the scientific approach used, i. e. , whether the analysis method is appropriate for which it is used for. 12 As is to be expected, judges and attorneys typically lack scientific or statistical background. Thus, it should come as no surprise that judges in lower courts frequently take a pragmatic or didactic approach to the gatekeeping role by depending more on precedents than on rigorous science when evaluating the evidence. The evidentiary standards in the quotient of the Indian criminal adjudication primarily consists the Indian Evidence Act, 1984 but its purview only extends to defining what evidence is admissible in court and in which manner would it be handles and presented, and who is eligible to offer their opinion.
It however, does not inform with any clarity about a comprehensive criterion of admissibility for scientific evidences or experts. 13 In this era of technological advancements where science has entered into every element of the judicial process, it is imperative that the scientific innovations uphold, rather than undermine the constitutional promise of justice and fairness. If an early violation of the right to a fair trial is likely to materially impair the trial's fairness, then the right to a fair trial extends beyond the court proceedings to include the investigation as well. Peace and harmony are two essentials of a democratic system. Yet it is equally true that crimes cannot be prevented in a human society. However, the harm to society’s peace and harmony may not always come from criminal activity but from a flawed investigation.
On a completely different side, discussing about the fault in investigation, it is often observed by the courts dealing with criminal trials is that the investigating agency commits mistakes in the due process and such mistakes and shortcomings lead to the failure of the principle of fair trial and the case set-up by the prosecution in the court is ultimately found on its weak footing. The ultimate sufferer this, is not only of the victim of the offence but also the society at the grater end. This is a result of lack of proper training and being ill equipped along with the under staffing of the police agency. For instance, only in cases of major offenses do investigating officers in the States of Haryana choose to send biological samples for DNA profiling, according to an empirical study (Kaur, 12 Daniel C. Murrie, Brett O. Gardner, Sharon Kelly & Itiel E. Dror.
“Perceptions and estimates of error rates in forensic science: A survey of forensic analysts. ” 302 Forensic science international (2019). 13 G. K. Varghese and B. J. Alappat, “National Green Tribunal Act: A Harbinger for the development of environmental forensics in India? ” 13(3) Environmental Forensics 209-215 [2012].
201514), and the percentage of such forensic samples for comparison very few purposes. This is mostly due to the fact that DNA profiling is expensive and they continue to use antiquated methods of inquiry or disclosure declarations. Adequately supplying the investigating agencies with the kits for protecting evidence becomes indispensable here. Paradoxically, the field study reveals that the specialists handling the crime scene are statistical experts, as there are either very few or no experts with academic backgrounds in biology, physics, or chemistry. The challenges presented by developing technology and shifting societal demands require that Indian laws and procedures of the investigation change. To preserve reliability and quality, the forensic infrastructure should be strengthened, procedures should be standardized, and certification of the experts should be guaranteed.
To speed up and improve the accuracy of forensic analysis, forensic specialists must participate in training and skill-development programs that are adequately funded and resourced. In order to solve cases effectively, legal frameworks should explicitly specify the admissibility of forensic evidence and promote collaboration and information exchange among stakeholders like the Daubert test mentioned earlier. By way of instance, the UK passed the Forensic Science Regulator Act, 2021,15 after realizing that the FSR cannot guarantee that the "science being used in the criminal justice system is being carried out" without statutory authority, out to the necessary level. 18 This Act gives the FSR the authority to create a code of conduct that applies to forensic practitioners and organizations in the public and private sectors.
The FSR has the authority to keep an eye on adherence to the code of conduct. 16 While expanding forensic services is essential to advancing just and equitable investigations and prosecutions, we must first guarantee the precision and dependability of the forensic 14 Fair Investigation: Backbone of Criminal Justice System - Dr. Parminder Kaur, The Haryana Police Journal, Volume 3, [2020] 15 UK Forensic Science Regulator Act, 2021. https://www. legislation. gov. uk/ukpga/2021/14/introduction. 18 418 UK House of Lords, Science and Technology Select Committee, Forensic science and the criminal justice system: A blueprint for change, 3rd Report of Session 2017-19, pg. 7. This report was prepared based on an inquiry into the forensic science regulatory framework and market in the UK.
The inquiry also considered evidence on the scientific evidence base for different forensic techniques and the current state of research within forensics. https://publications. parliament. uk/pa/ld201719/ldselect/ldsctech/333/333. pdf. 16 A comprehensive draft Code of Conduct was published for public consultation in August 2022. This included the standards of practice applicable to all forensic laboratories and practitioners, definition of forensic science activities covered under the code and discipline-specific rules to be followed. https://assets. publishing. service. gov. uk/government/uploads/system/uploads/attachment_data/file/1096677/Cons ultation_Response_Guidance_Document_0. 5. pdf. science used in FSLs. A robust Forensic Science Regulator (FSR)—like the one aforementioned, with a clear statutory mandate is required to accomplish this.
Forensic labs must be certified in accordance with globally accepted standards, including ISO standards, for quality control. In order to demonstrate competence and ethics in the management of evidence, including the appropriate acquisition and preservation of DNA samples, forensic specialists must be registered and certified. Strong security measures, such as encryption and access controls, are imperative for sensitive forensic data. For example, the DPDP Bill of 2022's supplementary data protection laws will be crucial in defending people's right to privacy. The Directorate of Forensic Sciences Services (DFSS) is presently overseeing the overall forensic science system of India. Therefore, it becomes the need of the hour of the authority to allocate the budgetary and infrastructural needs of every Forensic Sciences Laboratory (FSL).
The forensic professionals remain the linchpin of the whole ordeal. Of the 3,211 sanctioned posts for 26 forensic science laboratories for which this information was available, 40% were vacant. Of the 1,294 vacant posts, more than two in three were scientific posts, that include personnel involved in any part of a forensic examination, such as the director, scientific officer, laboratory assistant or digital analyst. 17 This signifies the need for establishment of specific standards for the continuous forensic education of the present scientists and fostering collaboration between law enforcement agencies, private and public sector, and internships/fellowships at educational institutes. While interlinking scientific investigation’s techniques with the constitutional fundamental rights given to the accused in question, the discussion of Article 20 (3) becomes inexorable.
In the judgment of Selvi vs. State of Karnataka21, Supreme Court ruled that the use of such neuroscientific investigative techniques including narcoanalysis, BEAP (Brain Electrical Activation Profile) or ‘brain mapping’, and polygraph tests constituted testimonial compulsion and violated an accused person’s right against self-incrimination under Article 20(3), and their right to life and personal liberty under Article 21 of the Constitution. But at the same time, these investigative techniques in rarest of rare cases like Surendra Koli v. State Of Uttar Pradesh and ors. 18, became one of the vital components that usage of such 17 Forensic Science India Report: A Study of Forensic Science Laboratories (2013-2017) – Project 39A 21 AIR
2010 SC 1974, (2010) 7 SCC 263
18 AIR (2014) 16 SCC 494
tests was important for extracting information which could help the investigating agencies prevent criminal activities and gather evidence and at the same time, helped the court in identifying the evidences through the confessions of the accused. This ultimately leads to the bigger paradox of whether private rights should prevail over public safety. In this purview, it is equally important for the courts to subjectively identify whether these fundamental rights can be reasonably restricted for the greater good. A fundamental component of constitutional values is the balanced relationship between the right to a fair trial and scientific investigation in this complex tapestry of justice.
From an Indian standpoint, systemic defects and a lack of standard frameworks have significantly reduced the true potential of scientific investigation, despite the fact that the scientific community has brought it to previously unheard-of levels of objectivity and precision. Reforms that enhance the legitimacy and incorporation of scientific data require being accepted by the legal system in order to achieve true justice. Given India's technologically advanced future, maintaining the balance of justice requires combining constitutional rights with forensic innovations. The future of the legal system is undoubtedly one in which justice and science coexist, truth triumphs, and those who have been falsely accused are shielded from harm. True justice mends the broken and restores what was lost.
The world now has a more dependable and efficient tool for identifying offenders owing to advancements in science and technology. The significance of forensic analysis cannot be denied in terms of identifying illicit activity and catching criminals. Ensuring equitable justice is a primary concern for the criminal justice system. “ In a world where justice hinges on truth- the interplay between law and science is not merely a choice but rather a necessity which blooms out of the trust of thousand of unsaid voices. ”