Use of Forensic Evidence in Criminal Trial Rokeiya Tahia
Forensic evidence refers to materials or data collected through scientific methods for use in legal proceedings. It plays a crucial role in modern criminal investigations and trials. Evidence gathered from crime scenes or autopsies is analyzed in laboratories, and the findings are presented in court to establish facts. Since every crime scene is unique, investigators must carefully collect, preserve, and analyze evidence to ensure accuracy and reliability. Forensic science has become an essential component of the criminal justice system. It helps determine whether a suspect is guilty or innocent by providing objective, scientific proof. Unlike eyewitness testimony, which can be unreliable, forensic evidence offers a factual basis for decision-making in court. It assists investigators in reconstructing events, identifying suspects, and understanding how a crime was committed.
In Bangladesh, criminal investigations are governed primarily by the Code of Criminal Procedure (1898), the Evidence Act (1872), and the Police Regulations of Bengal (1943). Although these laws do not directly address forensic science, they provide a framework for investigation. The introduction of the DNA Act, 2014 marked a significant advancement by regulating DNA testing and establishing a national DNA database. This law also sets penalties for misuse, such as unauthorized testing or tampering with DNA data. Furthermore, Section 45 of the Evidence Act allows expert opinions in matters of science, making forensic evidence admissible in court. Forensic evidence can be broadly classified into three main categories: biological, physical, and chemical evidence. The admissibility of forensic evidence in court depends largely on its integrity and proper handling. One of the most important concepts in this regard is the, which refering to the documented process of collecting, handling, and preserving evidence. Every transfer of evidence must be recorded, including details such as date, and time involved. Proper procedures for packaging, labeling, sealing, and storing evidence are essential to prevent contamination or tampering. If the chain of custody is broken, the evidence may be deemed unreliable and rejected by the court. Therefore, maintaining strict protocols is critical to ensuring that forensic evidence remains credible and admissible.
The role of forensic evidence has expanded significantly with advancements in technology. Systems such as the Automated Fingerprint Identification System (AFIS) allow law enforcement agencies to match fingerprints quickly and accurately. Similarly, DNA databases enable the identification of suspects across different cases. Forensic evidence has transformed criminal investigations by making them more scientific and less dependent on confessions or eyewitness accounts. In court, the outcome of a trial often depends on what can be proven through evidence rather than what is claimed by either party. This highlights the importance of forensic science in establishing truth and ensuring justice.
In Bangladesh, the use of forensic evidence has increased in recent years, contributing to several important case resolution. For example, in the Oishee Rahman case, DNA evidence played a crucial role in establishing guilt. In another case, Bangladesh Jatiyo Mahila Ainjibi Samity v. Bangladesh (2006), DNA testing revealed that children claimed to belong to a couple were not biologically related, exposing human trafficking activities. In another instance, DNA analysis disproved a woman’s claim regarding the identity of a decomposed body, demonstrating the reliability of forensic science. However, there are also cases that remain unsolved due to the absence of proper forensic evidence, highlighting the need for further development in this field. Although forensic evidence is often considered corroborative in Bangladesh, courts are increasingly recognizing its importance. Continued investment in forensic infrastructure and training is necessary to strengthen the criminal justice system. Forensic evidence is an indispensable element of modern criminal justice.
It provides objective, scientific proof that helps establish the truth in legal proceedings. By analyzing physical, biological, and chemical evidence, forensic science enables investigators to reconstruct crimes and identify perpetrators. Without forensic evidence, many cases would remain unsolved, and wrongful convictions could occur. It not only strengthens prosecution but also protects innocent individuals by ensuring that decisions are based on reliable facts. As technology continues to advance, the role of forensic science will become even more significant. In conclusion, forensic evidence is not merely supportive but fundamental to achieving justice. It completes the investigative process and ensures that legal outcomes are based on truth and scientific certainty.
Rokeiya Tahia
LL.B (Hon’s) LL.M
Bangladesh University of Professionals
