THE PROBATIVE VALUE OF FORENSIC EVIDENCE IN CRIMINAL TRIALS BETWEEN SCIENTIFIC OBJECTIVITY AND JUDICIAL DISCRETION

ABSTRACT Forensic evidence plays an increasingly significant role in criminal trials by assisting courts in identifying suspects, establishing facts and evaluating competing versions of an incident. However, the scientific character of such evidence does not make it inherently infallible. Its probative value depends on the reliability of the scientific method, the competence of the expert, the proper collection and preservation of samples, the integrity of the chain of custody, and the soundness of the reasoning connecting scientific findings to the facts in issue. This research examines the legal framework governing forensic evidence in India, with particular reference to the Bharatiya Sakshya Adhiniyam, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023. Through doctrinal analysis of statutory provisions, Supreme Court decisions and scholarly literature, the paper evaluates the relationship between scientific objectivity and judicial discretion, including concerns relating to methodological limitations, human error, contextual bias and the interpretation of expert opinions. It further examines how courts should assess forensic reports without either accepting them uncritically or disregarding scientifically reliable findings. The study adopts a mixed-method research design comprising doctrinal research and questionnaire-based component intended to examine the perceptions of law students and practising lawyers. The analysis supports a framework of reasoned, method-specific judicial scrutiny. Accordingly, the paper recommends standardised forensic reporting, documented chain of custody, transparent disclosure of scientific limitations, independent quality assurance and enhanced judicial training. It concludes that forensic evidence should receive weight proportionate to its demonstrated reliability and relevance, assessed alongside the totality of evidence and the requirements of a fair trial.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-10-14
DOI
https://doi.org/10.5281/zenodo.23361746
Primary Topic
Legal processes and jurisprudence
Type
article
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article

THE PROBATIVE VALUE OF FORENSIC EVIDENCE IN CRIMINAL TRIALS BETWEEN SCIENTIFIC OBJECTIVITY AND JUDICIAL DISCRETION

Kaushik Yuvraj
Zenodo (CERN European Organization for Nuclear Research)
Legal processes and jurisprudence
article

THE PROBATIVE VALUE OF FORENSIC EVIDENCE IN CRIMINAL TRIALS BETWEEN SCIENTIFIC OBJECTIVITY AND JUDICIAL DISCRETION

Kaushik Yuvraj
article en

Abstract

ABSTRACT Forensic evidence plays an increasingly significant role in criminal trials by assisting courts in identifying suspects, establishing facts and evaluating competing versions of an incident. However, the scientific character of such evidence does not make it inherently infallible. Its probative value depends on the reliability of the scientific method, the competence of the expert, the proper collection and preservation of samples, the integrity of the chain of custody, and the soundness of the reasoning connecting scientific findings to the facts in issue. This research examines the legal framework governing forensic evidence in India, with particular reference to the Bharatiya Sakshya Adhiniyam, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023. Through doctrinal analysis of statutory provisions, Supreme Court decisions and scholarly literature, the paper evaluates the relationship between scientific objectivity and judicial discretion, including concerns relating to methodological limitations, human error, contextual bias and the interpretation of expert opinions. It further examines how courts should assess forensic reports without either accepting them uncritically or disregarding scientifically reliable findings. The study adopts a mixed-method research design comprising doctrinal research and questionnaire-based component intended to examine the perceptions of law students and practising lawyers. The analysis supports a framework of reasoned, method-specific judicial scrutiny. Accordingly, the paper recommends standardised forensic reporting, documented chain of custody, transparent disclosure of scientific limitations, independent quality assurance and enhanced judicial training. It concludes that forensic evidence should receive weight proportionate to its demonstrated reliability and relevance, assessed alongside the totality of evidence and the requirements of a fair trial.

Zenodo (CERN European Organization for Nuclear Research)
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Legal processes and jurisprudence
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