Judicial gatekeeping of scientific evidence and experts in criminal adjudications

Bhadra, Poulomi and Aggarwal, Kanika (2021) Judicial gatekeeping of scientific evidence and experts in criminal adjudications. Delhi Law Review, XXXVI. pp. 19-45. ISSN 0971-4936

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Abstract

The Daubert trilogy stipulates a general criterion for the scrutiny of scientific evidence and has also been referred to by experts in many US Courts and other jurisdictions, including India. Yet, a similarly precedential judgement or explicit regulation is starkly missing from the Indian jurisprudence and related laws of evidence. Using some judicial decisions from various Indian courts, this paper analyses the discerning process by which Indian judges arrive at conclusions concerning the material elements of the case, specifically with regards to scientific evidence and opinion. With the help of certain judgments, the paper illustrates that in the absence of legal guidance, the approach adopted by judges to assess probative worth of scientific evidence is not scientifically correct. Although there are instances where Indian courts have credibly entertained science and scientific opinion in the courtrooms, assessment of the reliability of expert opinions is not uniform, and thus, found highly wanting in the present legal landscape. The paper makes a case for the judiciary to bear more responsibility than the adversarial parties in their gatekeeping function. While the main aim is to petition for developing guidelines to improve judicial approach to admissibility jurisprudence, this paper also highlights the challenges and limitations within which such reforms must be constituted.

Item Type: Article
Keywords: Daubert Standards | Expert Opinion | Scientific Evidence | Judicial Gatekeeping | Admissibility Standards | Forensic Evidence.
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Jindal Institute of Behavioural Sciences
Depositing User: Amees Mohammad
Date Deposited: 15 Mar 2023 08:12
Last Modified: 15 Mar 2023 08:12
URI: https://pure.jgu.edu.in/id/eprint/5696

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