Assessing the Reliability of Firearms Expert Reports: A Critical Analysis

This critical analysis investigates the dependability of firearms expert reports, which are admissible in evidence under Section 39(1) of the Bharatiya Sakshya Adhiniyam, 2023, in criminal investigations and legal proceedings, emphasizing their function in connecting firearms to criminal activities through ballistic evidence. The research reviews advancements in firearms analysis, including trajectory reconstruction and gunshot residue testing, while also addressing concerns related to the subjective nature of these analyses and the absence of standardization across various laboratories. Through an extensive literature review, this paper identifies key issues impacting the credibility of firearms reports, such as human error, lack of proper video documentation of the search and seizure operation along with laboratory analysis of the firearms, the subjective interpretation of tool marks, absence of reliable and independent witnesses, failure to convince the court regarding the reasons on which the expert opinion is grounded, and varying methodologies. The findings indicate that although firearms expert reports play a vital role in criminal cases, elements like evidence management and the level of expertise significantly influence their reliability, highlighting the necessity for rigorous standards and quality control to maintain their evidentiary value in court.

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Publication Details

Journal
International Journal For Multidisciplinary Research
Published
2024-10-31
DOI
https://doi.org/10.36948/ijfmr.2024.v06i05.29687
Primary Topic
Gun Ownership and Violence Research
Type
article
Field-Weighted Citation Impact
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article

Assessing the Reliability of Firearms Expert Reports: A Critical Analysis

IPS - Md. Imran Wahab
International Journal For Multidisciplinary Research
Gun Ownership and Violence Research
article

Assessing the Reliability of Firearms Expert Reports: A Critical Analysis

IPS - Md. Imran Wahab
article en

Abstract

This critical analysis investigates the dependability of firearms expert reports, which are admissible in evidence under Section 39(1) of the Bharatiya Sakshya Adhiniyam, 2023, in criminal investigations and legal proceedings, emphasizing their function in connecting firearms to criminal activities through ballistic evidence. The research reviews advancements in firearms analysis, including trajectory reconstruction and gunshot residue testing, while also addressing concerns related to the subjective nature of these analyses and the absence of standardization across various laboratories. Through an extensive literature review, this paper identifies key issues impacting the credibility of firearms reports, such as human error, lack of proper video documentation of the search and seizure operation along with laboratory analysis of the firearms, the subjective interpretation of tool marks, absence of reliable and independent witnesses, failure to convince the court regarding the reasons on which the expert opinion is grounded, and varying methodologies. The findings indicate that although firearms expert reports play a vital role in criminal cases, elements like evidence management and the level of expertise significantly influence their reliability, highlighting the necessity for rigorous standards and quality control to maintain their evidentiary value in court.

International Journal For Multidisciplinary ResearchVol. 6(5)
Peace, Justice and strong institutions
Openalex Percentile: Top 75%
Gun Ownership and Violence Research
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