LAW AND FORENSIC SCIENCE
* why the relationship ?
---> 1) The need to understand
a) Evidence is totality of crime.
b) Working of judicial system.
2) Represent evidence factually, corroborate using evidence - Evidential value.
3) Role & limitation of forensic scientist in judicial triangle and justice delivery system.
* Basic legal terminologies:-
* why the relationship ?
---> 1) The need to understand
a) Evidence is totality of crime.
b) Working of judicial system.
2) Represent evidence factually, corroborate using evidence - Evidential value.
3) Role & limitation of forensic scientist in judicial triangle and justice delivery system.
* Basic legal terminologies:-
- Mensrea :- Knowledge, intension and communication.
- Corpus Delicti :- Body of the crime.
- Modus operandi :- Sequence of crime.
- Proof :-" A fact is said to be proved when, after considering the matters before it, the court either believes it to exist or consider its existence so probable that a prudent man caught, under the circumstances of the particular case, to act upon the suppositions that it exists".
- Crystal clear proof :- Proof beyond reasonable doubt (can't be questioned).
- Sub-judicial case :- Under jurisdiction, case cant be discussed by any person directly or indirectly related to case.
- Suo moto :- Court takes the responsibility of the matter.
- Habeas corpus :- legal action, through which a prisoner can be released from unlawful detention.
- Admissibility :- Right to accept any technique, by court, valid existing tool.
- Validity :- Test said to be valid when it actually studies that feature for which it has been designed to study.
- Reliability :- Tool is said to be reliable when it consistently reproduces the same result under same set of conditions.
- Penology :- Process for the punishment, repression and prevention of crime and the treatment of prisoners. Prison administration and reformation / rehabilitation.
Indian constitution
Article 14 : Right to equity
Article 20 : Protection in respect of conviction of offences
Article 21 : Protection of life and personal liberty
Article 22 : Protection against arrest and detention in certain cases
Article 23: Prohibition of traffic in human bodies and forced labor :
Article 32 : Right to constitutional remedies
- Every person in India, regardless of his or her social, political or economic position is equally subject to the jurisdiction of the courts.
Article 20 : Protection in respect of conviction of offences
- 20(1) : A person can only be convinced of an offence if the act charged against him/her was an offence under the law on the date of commission of that act. Called protection against ex-post facto laws.
- 20(2) : No person shall be prosecuted and punished for the same offence more than once. Called protection against double jeopardy.
- 20(3) : No person shall be compelled to be a witness against himself.
Article 21 : Protection of life and personal liberty
- Provides an individual (every single citizen) the following:
- Rights of prisoners :- Entitled to all his fundamental rights, unless his liberty has been constitutionally curtailed.
- Right to legal aid.
- Right to a speedy trail.
- Right to claim compensation for violation of rights in this article.
Article 22 : Protection against arrest and detention in certain cases
- A person who is arrested must be informed as soon as may be possible of the charged against him/her and be provided with the right to obtain counsel.
- Also, every person who has been arrested has the right to be produced before the nearest magistrate within 24 hrs of arrest and he/she can't be detained beyond this period without a court order.
Article 23: Prohibition of traffic in human bodies and forced labor :
- It prohibits forced labor, beggar (involuntary work without pay) and trafficking in humans.
Article 32 : Right to constitutional remedies
- Every individual has the right to approach SC for enforcement of fundamental rights.