AbstractToday when people are becoming more advanced and technologically aware, people are getting new ideas of committing crimes and not getting caught, leading to an increase in the number of crimes. This has resulted in amendment to the existing laws in order to cater to needs of people. The techniques and methods used by criminals for the commission of crime is improving and therefore it becomes the need of the hour to adapt and build modern techniques of investigation. This is main reason why it becomes important that investigating authorities focus on collection of forensic evidences and their role in determining guilt of any person. Any criminal trial has to undergo through various stages starting from filing chargesheet in the court, collection of evidences, recording them and finally pronouncement of judgment. During this process, there are various types of evidences which play a major role and hold great value in any criminal trial. Through this paper, works already conducted in the field of forensic evidence shall be assessed and an attempt shall be made to suggest suitable reforms and changes that can be made in order to enhance the effectiveness of system. The principle of "Onus Probendi" which is mentioned under the Evidence Act states that "no person shall be assumed to be guilty merely on assumptions unless proved beyond reasonable doubt". While considering the scope of criminal jurisprudence in India, this rule plays an significant role and is one of the main reason why the use of forensic science has been limited in India. As the time has passed and country has progressed, criminal justice system has incorporated number of modern techniques, but even now a lot has to be done and changed by the authorities. With this paper, attempt has been made to explain the viewpoint behind these laws and legal provisions have been explored. This paper shall analyse the theory of forensic evidence with the help of relevant case laws and improve upon the understanding of people on forensic evidence in criminal trial and its importance. The author believes that the paper shall further play an important role in research on similar topics as well.
Keywords: Criminal justice system; Scientific evidence; Investigation; Prosecution; Legal approach and India.