How can you show your case in a legal court? Does the word from the mouth that is the foundation of an appeal to the court? We all know that certain factual aspects of common sense have legal value in a court of law, provided they can prove the legality or truth of the matter. The difference between the two types of laws is that the former generally demands that parties demonstrate their case. There isn’t any absolute law that limits the court’s assistance at any time. In particular s, in severe criminal cases, police officials are a crucial part of the process. Criminal justice appears primitive without police. Because crimes are believed to have been committed in the name of the State and not an individual. Thus, the investigating agencies look for evidence connected to a crime to find out the perpetrator and ensure the integrity of the system of justice in India.
In India, The Code of Criminal Procedure sets the stage for how a criminal case is handled in the courts of law. In the Evidence Act, Evidence Act categorizes the evidence admissible in courts of law depending on whether it’s directly or circumstantial. The nature of the proof is different in every situation. Thus, the judge’s understanding of the evidence’s technical and scientific significance is essential. Before that, investigators must know the evidence forensically collected at the crime scene. If investigators omit critical evidence, it won’t be presented to the courts, eventually leading to a miscarriage of justice.
The blog below provides seven essential pillars of forensic science, accompanied by an example. The importance of keeping up with legal developments and the development of the law in India in the 21st century and keeping up with technological advancements is increasingly crucial for law enforcement in India.
Principles of Forensic Science
Law of Individuality
Nature is the only thing with uniqueness, regardless of whether it’s organic or created by man. The things that appear correct to the untrained eye might not be the final truth. The concept is believed to be the work of Paul L Kirk (1963) and is considered to be the fundamental base for forensic chemical analysis. The explanation is “Individuality implies that every entity, whether person or object, can only be identical to itself and so is unique.”
For instance, a white powder could be interpreted as table salt or even sand grains. However, the same substance on the crime scene comes under the radar as intoxicating substances. Individuality law considers the unique characteristics of such importance and aids in identifying them.
Principle of Comparison
The premise of forensic science relies on the simple rule of “Only the likes can be compared.” Similar samples must be compared to confirm if it’s a blood sample collected from the crime scene and is scientifically compared to determine if it belongs to a person or other living thing. If there is a similarity between the suspect’s and the victim’s DNA, they could be compared to obtain evidence-based confirmation.
To grasp the idea of comparing it in a more precise method, a different scenario could open the way. If the agency investigating finds evidence of skin on the nails of a victim who was subjected to any attack or abuse, the skin sample could belong to the person who committed the crime. In this case, scientifically comparing the DNA of the sample skin with the DNA of the accused person could provide some clarity. Similarly, cyber crimes lawyers can help identify cybercriminals based on the format of their chats and use that as solid evidence in court.
Law of Circumstantial Facts
There is a well-known saying that “Facts can’t be false They cannot be lied to, and they cannot be completely absent. However, men are able to lie, or do.” The statements made by the accused, witnesses, and even victims, could be false. The truth may be secluded for personal reasons. However, the facts may not be in line with individuals’ statements.
Evidence-based corroboration of the case with the aid of circumstantial evidence is the most important job during the 27 phases of criminal trials.
Let’s learn about this fundamental concept of forensic science using an illustration. Let’s say the suspect brings before the court an argument of alibi that states that he was not present at the scene of the crime. It was allegedly at Kolkata or some other location. To prove his/their claims, evidence from a documentary is also provided. If, however, one of the crime witnesses denies their presence and the individual’s history of location is also confirmed, it becomes an essential circumstantial truth. An attorney for criminals of Kolkata or the opposing counsel will declare this, but only if there is enough evidence.
In this case, in this scenario, the suspect could be lying about their presence. The evidence could also be fake. However, the phone’s location could be in error if the handset was deliberately snatched and placed at the crime scene. In this case, the burden of evidence rests with the suspect, who could be able to rely on the start of police complaints for a lost mobile phone.
Law of Probability
Everyone has feared the subject of probability when studying Mathematics in high school. From calculating the odds of six dice to assessing the chances of events around us, we all learned. The main thing is the probability of happening of something. Forensic analysis uses probabilistic analysis and logic to determine the likelihood of occurrence.
Referring to one example: the odds of a passenger on a plane traveling between Delhi towards Mumbai at a specific moment committed to a crime similar to killing in Punjab is not possible. However, those onboard with an internet connection have a much higher chance of achieving one of the kinds of cybercrime anywhere when backed by other evidence.