Position of Minor's Agreement

Introduction

Forensic law and criminology are intertwined disciplines that focus on the intersection of law, crime, and scientific investigation. Forensic law refers to the application of scientific techniques and principles to solve legal disputes and criminal cases. Criminology, on the other hand, is the study of crime, its causes, impacts, and preventive measures. Together, they form a critical aspect of the criminal justice system, aiding in the investigation, prosecution, and adjudication of crimes.

Forensic Law: An Overview

Forensic law involves the use of scientific methods in the investigation of crimes. It is instrumental in collecting, preserving, and analyzing evidence to assist courts in arriving at fair judgments. The Indian legal system relies heavily on forensic evidence in various stages of criminal proceedings.

Relevant Sections of Indian Law

• Section 45 of the Indian Evidence Act, 1872: This section allows courts to seek opinions of experts in matters of science, art, handwriting, or fingerprints to aid the judicial process.
• Section 293 of the Code of Criminal Procedure, 1973: It empowers courts to utilize reports from government scientific experts as evidence without requiring their personal appearance.
• Sections 164A and 53A of the Code of Criminal Procedure, 1973: These sections pertain to medical examinations in cases of sexual assault and the use of forensic evidence.
• Section 27 of the Indian Evidence Act, 1872: Focuses on the discovery of facts in connection to a crime, often supported by forensic analysis.

Case Laws in Forensic Law

1. State of Maharashtra v. Damu Gopinath Shinde (2000):

The Supreme Court emphasized the importance of DNA evidence in criminal trials.

2. Maneka Gandhi v. Union of India (1978):

This case broadened the scope of forensic evidence under the right to a fair trial as part of Article 21 of the Constitution.

3. Selvi v. State of Karnataka (2010):

The Supreme Court ruled that narco-analysis, polygraph tests, and brain-mapping without consent violate Article 20(3).

Criminology: An Overview

Criminology studies the causes, consequences, and control of crime. It seeks to understand criminal behavior through sociological, psychological, and economic perspectives.

Schools of Criminology

1. Classical School: Emphasizes free will and rationality in committing crimes. Cesare Beccaria is a key proponent.
2. Positive School: Focuses on biological and psychological factors influencing criminal behavior.
3. Sociological School: Attributes crime to societal factors such as poverty, unemployment, and inequality.

Theories of Crime

1. Strain Theory: Suggests that societal pressures drive individuals to commit crimes.
2. Labeling Theory: Highlights how labeling individuals as criminals perpetuates criminal behavior.
3. Routine Activity Theory: Focuses on the opportunity structure of crimes.

Role of Forensic Law in Criminology

Forensic law provides the scientific tools and methods necessary to address issues identified in criminology. It helps in:

1. Identifying Perpetrators: DNA analysis, fingerprinting, and ballistic reports are vital for pinpointing offenders.
2. Understanding Crime Trends: Analyzing evidence from multiple cases aids in identifying crime patterns.
3. Rehabilitating Offenders: Insights into criminal behavior enable the creation of effective rehabilitation programs.

Challenges in Forensic Law and Criminology

1. Reliability of Evidence: Issues like tampering, chain of custody, and contamination of evidence can affect reliability.
2. Lack of Infrastructure: Many forensic labs in India face resource shortages, leading to delayed justice.
3. Ethical Dilemmas: Balancing the use of advanced forensic techniques with individual rights and liberties poses challenges.

Significant Case Laws in Criminology

1. Mukesh & Anr v. State for NCT of Delhi (2017):

Forensic evidence, including DNA, played a pivotal role in convicting the accused in the Nirbhaya case.

2. Shibu Soren v. CBI (2007):

Forensic evidence in the murder case of Shashinath Jha highlighted the importance of circumstantial evidence.

Conclusion

Forensic law and criminology play a critical role in the administration of justice. While forensic science ensures that evidence is accurate and reliable, criminology provides the theoretical framework for understanding and preventing crime. Together, they enable a more robust and efficient criminal justice system. Strengthening forensic capabilities and integrating criminological insights can significantly enhance the legal process and ensure justice for all.