Legal Forensic Insight

Introduction The principle embodied in Res Gestae is contained under Section 6 of the Bharatiya Sakshya Adhiniyam, 2023, which corresponds to Section 6 of the Indian Evidence Act, 1872. The term Res Gestae is derived from Latin, meaning “things done”. This doctrine forms an exception to the rule against hearsay evidence. Ordinarily, hearsay evidence is inadmissible; however, statements or acts that form part of the same transaction are admissible because they are considered spontaneous and closely connected with the main fact in issue. Meaning of Res Gestae Res Gestae includes those facts, declarations, or acts which are so intimately connected with the main occurrence that they form part of the same transaction. Such statements are admitted not because they are declarations, but because they are natural, spontaneous, and contemporaneous reactions to the event. Scope of Section 6 (BSA) According to Section 6, facts forming part of the same transaction are relevant, whether they occurre...

 (Previously under the Indian Evidence Act, 1872) Introduction The law of evidence plays a crucial role in the administration of justice. It determines which facts may be proved before a court and how such facts are to be established. Under Indian law, the concept of relevancy of facts forms the foundation of evidentiary rules. With the repeal of the Indian Evidence Act, 1872, the law relating to evidence is now governed by the Bharatiya Sakshya Adhiniyam, 2023 (BSA). Although the structure of the law remains largely similar, it has been modernised to meet contemporary legal requirements. Meaning of Relevancy of Facts A fact is said to be relevant when it has a logical connection with the fact in issue and helps the court in arriving at a conclusion. Not all facts are admissible in evidence; only those facts which are relevant under the provisions of the Bharatiya Sakshya Adhiniyam may be proved. Relevancy acts as a filter, ensuring that only meaningful and connected facts are plac...

Introduction to Bharatiya Sakshya Adhiniyam, 2023 The Bharatiya Sakshya Adhiniyam, 2023 (BSA) is India’s new evidence law governing the admissibility, relevance and proof of evidence in judicial proceedings. It replaces the Indian Evidence Act, 1872 which was in force for over 150 years. This new statute modernizes and codifies principles of evidence law to reflect developments in technology, electronic evidence, and contemporary judicial needs. However, many foundational concepts from the old Evidence Act are still valid and integrated into the new law. Why a New Evidence Law Was Needed Before the new law was enacted: ● Evidence rules were based on a colonial-era statute (IEA 1872) ● Modern scientific evidence (digital data, cloud storage, metadata) lacked clear statutory recognition ● Courts had to rely on judicial interpretation to admit electronic evidence The new law now consolidates: ✔ Traditional evidence rules ✔ Technology-driven evidence (digital, electronic) ✔ Contemporary ev...

Introduction Crime Scene Investigation (CSI) is a systematic process used to preserve, document, collect, and analyze physical evidence from a crime scene. The 7 S’s of Crime Scene Investigation provide a scientific and legal framework to ensure evidence is not contaminated and remains admissible in court. 7 S’s of Crime Scene Investigation 1. Securing the Scene Securing the crime scene is the responsibility of the first responding police officer (first responder). Key Points: ● Safety of individuals is the first priority ● Preservation of evidence is the second priority ● Unauthorized persons must be restricted from entering the crime scene ● A security log must be maintained of everyone who enters the scene ● The first responder may call additional expert teams if required 2. Separating the Witnesses Witnesses must be separated immediately after the incident. Purpose: ● Witnesses are not allowed to talk to each other ● Prevents collusion (creating a false story together) ● Ensures in...

Introduction Crime Scene Management is a crucial part of forensic science and criminal investigation. Proper handling of a crime scene helps investigators collect reliable evidence, reconstruct events, and assist courts in delivering justice. Any mistake at this stage may lead to loss or contamination of evidence, affecting the outcome of the case. What Is a Crime? A crime is an illegal act for which a person can be punished by the government under law. Crimes are acts that violate legal rules and harm individuals, property, society, or public morality. There are many different types of crimes, ranging from crimes against persons to victimless crimes and white-collar crimes. Types of Crime 1. Crimes Against Persons Crimes against persons are also known as personal crimes. These crimes involve direct harm or threat to an individual. Examples include: ● Murder ● Aggravated assault ● Rape ● Robbery These crimes are considered serious offenses as they directly affect human life and safety....

Need, Functions and Principles of Forensic Science Introduction Forensic Science plays a vital role in the administration of justice. It bridges the gap between science and law by providing scientific evidence that helps courts reach decisions based on facts rather than assumptions or statements. The application of forensic science ensures accuracy, fairness, and reliability in criminal investigations. Need of Forensic Science Forensic Science is essential for the following reasons: 1. Crime Detection and Investigation Forensic techniques help investigators detect crimes and reconstruct events using scientific methods. 2. Establishing Facts in Court Scientific evidence strengthens cases in court and supports judicial decisions with factual proof. 3. Identification of Individuals Identification of suspects or victims through fingerprints, DNA, teeth, and other biological evidence. 4. Determining Cause and Manner of Death Forensic pathology helps determine whether death is natural, accid...

What Is Forensic Science? Meaning, Definition and Branches Explained 🔍 Introduction to Forensic Science Forensic Science is the application of scientific methods and techniques to investigate crimes and establish facts in legal matters. It plays a crucial role in the criminal justice system by helping courts reach fair and accurate decisions based on scientific evidence. In simple terms, forensic science bridges science and law by applying scientific principles to legal problems. 📜 Origin and Meaning of the Term “Forensic” The word forensic is derived from the Latin term “forensis”, meaning “of or before the forum”. In ancient Roman times, the forum was a public place where legal cases were argued. Thus, forensic science relates to matters discussed before a court of law.  🧪 Branches of Forensic Science Forensic science consists of several specialized branches, each dealing with different types of evidence. Some major branches are explained below: 1️⃣ Forensic Biology It involve...

Scope, Applicability, Jurisdiction and Features of the Information Technology Act, 2000 Introduction The Information Technology Act, 2000 plays a crucial role in regulating electronic activities and cyber offences in India. It defines the scope, applicability, jurisdiction, and key features governing electronic records, digital communication, and cyber law enforcement. Structure of the Information Technology Act, 2000 The IT Act, 2000 consists of: ● 13 Chapters ● 90 Sections ● 4 Schedules Sections 91 to 94 deal with amendments to: ● Indian Penal Code, 1860 ● Indian Evidence Act, 1872 ● Bankers’ Books Evidence Act, 1891 ● Reserve Bank of India Act, 1934 The Act also provides legal recognition to electronic commerce (e-commerce) and electronic communication. Applicability and Jurisdiction of the IT Act The IT Act applies: ● To the whole of India ● To offences committed outside India, if the computer system or network is located in India However, the Act does not apply to certain document...

Information Technology Act, 2000: Introduction, History and Objectives (Cyber Law in India) Introduction to Information Technology Act, 2000 With the rapid growth of the internet and digital technology, cyber crimes have increased significantly, especially in developing countries like India. Today, computers, mobile phones, and the internet have become an inseparable part of human life—from government administration and industries to small shopkeepers using online billing and digital payments. Information Technology refers to the use of computers and internet technology to retrieve, transmit, store, update, manipulate, and delete information. The digitalization of society made it necessary to introduce a specific law to regulate electronic transactions and cyber crimes. To meet this requirement, the Information Technology Act, 2000 (IT Act) was enacted in India.  Historical Background of the IT Act, 2000 I n 1965, immigration laws in the USA were relaxed, allowing many Indian profe...