IMPACT OF FORENSIC SCIENCE: EVIDENTIARY VALUE IN DNA TEST, NARCO ANALYSIS
By Riya Kaushik
INTRODUCTION
Forensic Science is a critical element of today’s
Criminal Justice System. The basic purpose of Forensic Science is to examine
the evidences collected from the crime scene or from other places by the way of
findings during investigation or inquiry. The evolution of Forensic Science has
developed a system by which everything can be examined critically and innocent
can be protected from being commuted due to lack of means to collect the
authenticity of the documents. Forensic has a great impact in the criminal
Justice system and the various processes adopted to reach the Justice, two of
which are discussed here, viz., DNA Test and NARCO Analysis. Before the
evolution of Forensic Science, we didn’t have the means to check the
authenticity of the claims made. But now with the development of technology, we
have developed a system which proves to be an aid to the proceedings. The aim
of this paper is to bring forward to all the necessity of Forensic Science and
its impact on DNA Test and NARCO Analysis Test. Firstly, we shall discuss the
meaning of different terms which we are going to discuss then we shall study
about the impact of forensic science and the evidentiary value of the DNA test
and NARCO test.
FORENSIC SCIENCE
Forensic science is the use of scientific techniques
in the criminal and civil laws. But mainly it is used in the Criminal Justice
System. Any Evidence which is examined by using the forensic is considered
reliable and is admissible in the court of law. It makes the legal standards
for the admissibility of the Evidence.
The process includes the collection, preservation and
analyzation of the evidence which needs to be examined. It can be done by going
to the crime scene directly by bringing tools at the place of crime or
evidences are collected from the crime scene and brought to the laboratory for
their examination.
The evidences testified by the Forensic Science are
considered as Expert Evidences and can lead to the prosecution and conviction.
It is the best way to determine the accuracy and authenticity of the evidences
and witnesses.
DNA TEST
DNA testing is the process of checking the parenting
of the child. But in Nowadays, DNA is not just used for the purpose of
determining the parenting, but also there are various ways in which DNA samples
can be used.
The Basic use of DNA Testing is to collect the DNA
samples and match with the Parents to determine the legitimacy of child. It is
done in rare cases. As it leads to solicitation of the Child. The court doesn’t
permit DNA testing in every case. Only when there is hardship to either of the
parties, then DNA testing is permitted. Because it leads to the character
assassination of the child whose DNA test is done for the purpose of
determining the parenting of the Child.
DNA Testing is developed with the evolution of
Forensic Science. It is an Advance method to resolve the parenting issue.
NARCO ANALYSIS
NARCO Test
involves the administration of Drug to the subject and put in a particular
condition of Anesthesia for the interrogation purpose. This is done to ensure
that the subject shall not lie. Because in a stage of anesthesia, a person is
supposed to speak truth only.
During the time of
World War II, this technique was used by the physiatrist to treat patients.
This is old technique, but now with the development of Forensic Science, its
authenticity has been increased.
The drug used
during this process can be Sodium pentothal, scopolamine, sodium amytal. But
the use of this technique raises some crucial questions such as encroachment of
an Individual’s fundamental rights. It is quoted by the Supreme Court to that
when Justice of the case requires, the subject can be pressurized to go through
the NARCO test, because it is the duty of the correct to protect the innocent.
IMPACT OF FORENSIC SCIENCE ON DNA TEST
With the evolution
of forensic science, now the DNA samples not only used for the purpose of
determining parenting, but there are various purposes to fulfill which DNA samples
are being used. Now the DNA samples are
used to identify the criminals also.
Forensic
Department maintains the data of all the samples so far collected by them with
their Identity. Now, with the help of this, criminals can be identified easily
and quickly. It is useful to identify the people who are in a particular crime.
The forensic
Science has a great impact on the evidentiary value of DNA testing. It increases
the credibility of the information and evidences. The test done at well
equipped forensic lab is considered more reliable than the report generated out
the test done at a normal laboratory.
The DNA test done
using forensic science is given the evidentiary value of an expert in the legal
stance.
IMPACT OF FORENSIC SCIENCE ON NARCO ANALYSIS
NARCO Analysis test involves putting the subject into
a condition in which it can speak nothing but truth only. Forensic Science
helps in the recreation of the crime scene. The developed system of technology
makes it easier it to remove the vulnerability of facts.
The information collected from the NARCO test can be
analysed further by the Forensic techniques. NARCO test has always been
questioned on its authenticity. It is always claimed that it not 100% accurate.
Some subjects make false statements during the NARCO test. But here forensic
plays an important role. It helps to remove the speculation of what prospected
to be happened or not. It analyses the data collected and apply it to recreate
the crime scene, which helps to establish its accuracy.
RECOMMENDATIONS
According to the
view of author, Forensic science plays a vital role in providing Justice in the
present criminal Justice System. It has great impact on the Judiciary system.
It has changed the way of identifying and evaluating evidences. It aids to all
other mediums used for determining the authenticity of the evidences and
witnesses.
It helps in
recreating the crime scene again and present an visualization of what could
have had happened to the nearest probability with accuracy more than any other
medium of determination of authenticity.
The Evidences approved
by the Forensic science are considered as the expert evidences and are given
greater credibility during the proceedings. The conviction can also be done on
the basis of forensic evidence because they are so accurate in their results.
CONCLUSION
To conclude the
discussion, we can say that evolution of Forensic Science has led us to the
modern Judicial System in which we have techniques which can determine the
authenticity and accuracy of things and people which one can not see from naked
eyes, also which is difficult to determine by application of Human mind. It is
an aid to the means used to reach justice and to provide justice to the
innocent.
The Evidentiary
value of DNA testing and NARCO Analyses were also discussed. However, the
Evidentiary value of DNA testing is more than NARCO test. Because NARCO test is
most of the time criticized for the violation of Human rights and fundamental
rights provided by the constitution of India.
However, one thing
which is common among both that these tests are used only when there is need of
the expert opinion regarding anything and when circumstances of the case require
so. The supreme court has also held this in its various judgements that the use
of these forensic science technology must be used when there is hardship to
either of the parties and when the case requires so. Because it is the duty of
the court to preserve the rights of the individuals and they can not be
compromised in any of the situation
