ETHICAL AND LEGAL CHALLENGES IN INDIA’S FORENSIC FRAMEWORK

AUTHOR – ABISHIEKE R* & DR. ANUMEHA SAHAI**

* STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA

BEST CITATION – ABISHIEKE R & DR. ANUMEHA SAHAI, ETHICAL AND LEGAL CHALLENGES IN INDIA’S FORENSIC FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 845-852, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

India’s criminal justice system adopts forensic science to support fairness and accuracy. This paper examines the evolving framework and ethical complexities that shape forensic evidence in India. It reviews statutes such as the Evidence Act, detailing expert-opinion provisions, and reforms under the Bharatiya Sakshya Adhiniyam and Bharatiya Nagarik Suraksha Sanhita, and procedures in the Criminal Procedure Code and IT Act that govern the collection and admissibility of scientific and digital evidence. Ethical considerations arise around privacy gaps, sensitive DNA data protection, potential bias from contextual influences, encryption challenges, and cross-border data access in digital forensics. The study highlights infrastructural constraints, laboratory backlogs, shortages of experts, and uneven standards and proposes solutions through enhanced education, NABL accreditation, and the roles of the National Forensic Sciences University and the Directorate of Forensic Science Services. Through analysis of landmark judgments, this research outlines judicial caution and the gradual calibration of evidentiary thresholds. It also explores emerging frontiers like AI-driven analysis, rapid DNA profiling, and advanced biometrics and their ethical ramifications. The paper concludes by endorsing dedicated data-protection legislation for forensic information, an independent regulatory body to enforce uniform protocols, expanded expertise via specialized programs, and targeted public outreach to promote confidence. These measures can develop a strong, ethical, and technology-ready forensic framework that commands trust and delivers justice in India.

Keywords: Forensic Science, Criminal Justice System, Ethical Complexities, Digital Evidence, Data Protection Legislation