INTRODUCTION
What do we refer to when we speak the truth? What is truth? These are some universal questions on this concept which we ourselves are not sure of their meaning. The truth according to me is fact-based information. It is real without any imaginary situations included. Now how justice is interlinked with truth- Truth and justice are intertwined because both are necessary for a fair and equitable society. Truth is the state of conforming with fact or reality, whereas justice is the idea of fairness and equity in the distribution of rights, obligations, and opportunities. Truth is regarded as being crucial to obtaining justice in a legal setting because it ensures that the right facts are established and that the right decisions are taken based on those facts. In this view, justice is created based on truth. In a court of law, evidence is considered truth. Now, this evidence can have various shapes like pictures, videos, voice recordings, documents, forensic reports, and the list goes on.
“Forensic” refers to something that is connected to, used in, or appropriate for use in a court of law. The use of scientific procedures and methodologies in the administration of justice and the investigation of crime1 is referred to as forensic science. To ascertain the facts in a criminal case, entails gathering, examining, and analyzing physical evidence, such as DNA, fingerprints, and other biological elements. In forensics, scientific techniques are also used to recreate events, identify causes and effects, and offer expert testimony in court. To aid in the pursuit of justice, forensic science seeks to produce objective and trustworthy scientific evidence. Information submitted during a court case (such as a trial) to support or refute a fact in question is referred to as evidence. Evidence may appear in a variety of ways, including testimony, documentation, physical proof, and expert testimony.[1]
A man is said to be tied and unfree when he faces inequality, injustice, and no dignity received. This exercise of being free and achieving justice is basic to Swaraj. The idea of Swaraj, which is used to describe the ideal of a free and democratic India free from British colonial control, is linked to the independence struggle in Indian political theory. At its foundation, the theory emphasizes the idea that political power should be in the hands of the people and that people should have the ability to rule their own lives and communities. Indian politicians and political intellectuals have given this concept a variety of interpretations.
JUSTICE IN LAW
Justice refers to the values and concepts that guide the execution of justice and the operation of the legal system. It includes the concepts of equity, equality, and impartiality in the administration of justice as well as the defence of personal liberties and rights. A society founded on the rule of law depends on the notion of justice, which is embodied in the legal structures and procedures in place to guarantee that people’s rights are respected and that conflicts are settled in a fair and unbiased manner.
FORENSIC PRAXIS AND FORENSIC SCIENCE
The practical use of forensic science in everyday circumstances is referred to as forensic praxis. It involves the collection, analysis, and interpretation of evidence in criminal investigations using a variety of scientific procedures and techniques. This involves tasks including investigating crime scenes, gathering and evaluating physical evidence, and performing laboratory tests. These investigations’ findings are utilized to identify and prosecute suspects as well as to confirm or deny speculations regarding how a crime was committed. The criminal justice system cannot function without forensic praxis, which offers objective, fact-based evidence that can be presented in court.
To establish the facts of a case and give a scientific foundation for the administration of justice, forensic science deals with the gathering, preservation, examination, and analysis of physical evidence. Justice and forensic science must work closely together because the results of forensic investigations are so important in determining a defendant’s guilt or innocence in court and the settlement of civil disputes. Using forensic evidence, which offers unbiased and objective information that can be utilized to make equitable and well-informed choices in the administration of justice, can serve to support or deny allegations made by parties involved in legal action. The application of sciences including physics, chemistry, biology, computer science, and engineering to legal issues is known as forensic science.
EXISTING STATUTES IN INDIA CONCERNING FORENSIC SCIENCE
Evidence has to be authentic, complete, reliable, and believable to be admissible in a court of law. A piece of evidence is considered admissible if it cannot be disputed or rejected based on any flimsy or unrelated justifications.
In the Indian law context, laws related to Forensic Science are numbered in the Indian Evidence Act 1872. Section 73 of the IEA[2] on court orders. Sec 44 of IEA defines forgery.[3] Sec. 47 of the IEA[4], which deals with handwriting opinions, specifies the conditions under which a handwriting expert must regard handwriting as being in dispute. Sec. 67 of the IEA[5] outlines the procedures for proving a signature on a document.
In order to improve care and treatment for those who are mentally ill, The Mental Health Act 1987[6] was passed to safeguard each person’s human rights.
As the twenty-first century began, science and technology advanced on a worldwide scale, while criminal activity assumed new dimensions. Updates to the statute were required to make the necessary changes. The era of cybercrime was just getting started. The Information and Technology Act 2000[7] was passed to create regulations for the burgeoning online community. Computer crime in India is addressed specifically in the second schedule of this act.
In Section 2(t) of the IT Act[8], electronic data is defined. Communication devices are given prominence under Section 2 of the IT Act[9] following a 2008 revision.
SCOPE OF FORENSIC SCIENCE
In criminal investigations and court cases, forensic science is crucial. It offers standardized procedures and aids in handling cases correctly. But not everyone is familiar with it, and few people are even aware of it. Current rules and changes govern the admissibility of forensic evidence in court, and it is subject to cross-examination based on the admissibility standard. With the development of technology, it is conceivable that laws will be amended and updated in the future to reflect the evolving nature of the crime.
CONCLUSION
Justice refers to how a forensic investigation or legal case turns out in the end. Justice is something that everyone wants from the court, everyone needs fair treatment. Justice is also embedded in our preamble. The conclusion of a forensic investigation is the outcome of the examination and analysis of physical evidence, which is used to crack a case or solve a crime. The outcome of a trial or other legal processes, where a judge or jury renders a final finding of guilt or innocence or the resolution of a dispute by a settlement or other means, constitutes the conclusion of the justice process in the legal system. By making fair, objective, and accurate evaluations of the facts, forensic and justice systems ultimately seek to determine the truth and ensure that justice is done.
Author(s) Name: Mehak Verma (Indian Institute of Management, Rohtak)
Reference(s):
[1]Indian Penal Code 1860, s 3
[3] Indian Evidence Act 1872, s 44
[4] Indian Evidence Act 1872, s 47
[5] Indian Evidence Act 1872, s 67
[6] Mental Health Act 1987
[7] Information and Technology Act 2000, s 2(t)
[8] Ibid
[9]Information and Technology Act 2000, s 2
