Aggarwal, Kanika (2024) Judicial assessment of forensic evidence: a study of Judge’s gatekeeping function. Doctoral thesis, O.P. Jindal Global University, Haryana, India.
Kanika Aggarwal JGLS_.pdf - Submitted Version
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Abstract
Forensic science could be, both, a handmaiden of justice and a threat to justice. Forensic science is a boon to justice system, provided a judge can sift out the misleading/unreliable forensic evidence It is a bitter truth that unbridled and unrestricted use of forensic evidence has led to miscarriage of justice. The use of DNA technology has made it possible to review judicial decisions. As a result of case reviews, it has come to fore that misapprehension of the forensic evidence has led to wrongful convictions. Consequently, examination of reliability of forensic techniques is being undertaken by members of scientific community. Also, the legal framework governing application of forensic evidence is also being evaluated in various jurisdiction. Surprisingly unlike other jurisdictions, there is a serious dearth of discussion around this issue in Indian contemporary legal jurisprudence, despite the fact that danger of wrongful conviction is alike for all countries. This has remained an unexplored area of scholarship in India. The lackadaisical approach towards such a non-trivial matter that has potential of jeopardising the lives of innocent people is a cause of concern. Not just individual freedom but also the integrity of Indian judicial system is at stake. There is an urgent need to address the issues that have been raised in the study. The original contribution of the study lies in the fact that it would not just highlight the need to revamp India’s approach towards forensic evidence but would also make suggestions based on laws, safeguards, standards and practices that other countries have adopted in this regard.
| Item Type: | Thesis (Doctoral) |
|---|---|
| Subjects: | Social Sciences and humanities > Social Sciences > Law and Legal Studies |
| Depositing User: | Ms Kanishka Gupta |
| Date Deposited: | 24 Sep 2026 09:21 |
| Last Modified: | 25 Sep 2026 09:58 |
| URI: | https://pure.jgu.edu.in/id/eprint/12672 |
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