The Use of Information Gained under RTI Act- 2005 in Forensics and Toxicology- An Indian Perspective

Authors

  • Ankit Gupta
  • Vikas Gupta
  • Amar Pal Singh

DOI:

https://doi.org/10.37506/ijfmt.v15i2.14273

Keywords:

Right to Information, Legal knowledge, Forensic, Toxicology , use of information in Forensic and Toxicology.

Abstract

The role of forensic reports are to prove without doubt in the court the cause of death, injury nature of death
or accident but courts till date do not fully rely on forensic reports as evidence. A study conducted in 2011
by Supreme Court and High Courts, DNA has played an important role in only 47 cases. Out of these, 23.4%
decisions were given by Delhi High Court alone. Furthermore, DNA evidence had been used in merely
4.7% murder cases and 2.3% rape and murder. The Committee on Reforms of Criminal Justice System also
signifies that the present stage of applicability of forensic science in crime scene investigation is somewhat
low in our country, with only 5-6% of the registered crime cases being referred to the Forensic Science
Laboratories (FSLs) and Finger Print Bureau put together.
Article 20(3) of the Indian constitution states that “No person accused of any offence shall be compelled to
be a witness against himself but the honourable Supreme Court held otherwise. In the case of The State of
Bombay vs Kathi Kalu Oghad And Others (AIR 1961), the Supreme Court held that, compelling any person
to give any sort of forensic evidence does not violate Article 20(3) of the constitution. The same is given
in Section 73 of the Indian Evidence act, which states that any person can be asked to give the fingerprint
or DNA examination even to the accused. Similarly, Section 53 of the criminal procedure code states that
a person accused of any crime can be asked to undergo a medical examination if the officers feel that the
examination can provide some evidence to the crime. Further Section 164A of the procedure allows the
medical examiner to examine the victim of the rape case within twenty-four-hours of the crime.

Author Biographies

Ankit Gupta

Research Scholar of Ph.D in Law at Amity Law School, Amity University, Noida, Uttar Pradesh, India, Enrolment
no. A0833415007 and an Advocate practicing at Supreme Court of India

Vikas Gupta

Associate Professor of Law at Amity
Law School, Amity University, Noida, Uttar Pradesh, India

Amar Pal Singh

Dean and Professor at the University School of Law
and Legal Studies, Guru Govind Singh Indraprastha University, Delhi

Published

2021-03-24

How to Cite

Ankit Gupta, Vikas Gupta, & Amar Pal Singh. (2021). The Use of Information Gained under RTI Act- 2005 in Forensics and Toxicology- An Indian Perspective. Indian Journal of Forensic Medicine & Toxicology, 15(2), 67-71. https://doi.org/10.37506/ijfmt.v15i2.14273