Scientific Integrity and the Right to Fair Trial: Reassessing the Admissibility of Forensic Evidence in Indian Criminal Trials

Abstract

Forensic evidence now shapes the outcome of a large proportion of Indian criminal trials, yet the statutory architecture governing its admissibility has not kept pace with either the growth of forensic science or the constitutional guarantee of a fair trial under Article 21. This article examines the evidentiary framework built around Section 45 of the Indian Evidence Act, 1872, now reproduced as Section 39 of the Bharatiya Sakshya Adhiniyam, 2023, alongside the constitutional safeguards developed in State of Bombay v. Kathi Kalu Oghad and Selvi v. State of Karnataka. It argues that Indian courts admit forensic evidence chiefly on the qualification of the witness rather than on the validated reliability of the underlying technique, unlike jurisdictions that apply a Daubert-type reliability standard. Drawing on decisions concerning DNA profiling, handwriting identification, and neuroscientific investigative techniques, the article identifies gaps in forensic laboratory accreditation, chain-of-custody regulation, and judicial gatekeeping, and proposes a reliability-centred admissibility framework to reconcile scientific integrity with the accused's right to a fair trial.