In modern criminal trials, forensic evidence plays a pivotal role in determining the guilt or innocence of the accused. From fingerprints and DNA to digital forensics, Pakistani courts increasingly rely on scientific methods to ensure justice is served. This article explores the admissibility, reliability, and legal framework of forensic evidence in Pakistan and its impact on criminal trials.
What is Forensic Evidence?
Forensic evidence refers to information obtained through scientific techniques to investigate crimes. It includes:
- DNA profiling
- Fingerprints
- Ballistic reports
- Toxicology
- Forensic pathology
- Digital and cyber forensics
These tools help reconstruct events, identify suspects, and validate or invalidate witness testimonies.
** Legal Framework for Forensic Evidence in Pakistan**
1. Qanun-e-Shahadat Order, 1984
The Qanun-e-Shahadat Order (QSO), 1984 governs the admissibility of evidence in Pakistan. Under this:
- Article 59 permits the opinion of experts to be admissible:
“When the Court has to form an opinion upon a point of science… the opinions upon that point of persons specially skilled in such science… are relevant facts.”
- Article 164 specifically addresses technological and scientific evidence:
“In such cases where the Court considers that scientific evidence is required, the court may allow production of such evidence as it deems fit.”
2. Code of Criminal Procedure, 1898 (CrPC)
Under various sections (such as Section 510 CrPC), reports from chemical examiners and forensic labs are admissible and can be read in evidence without summoning the expert, unless the court deems it necessary.
** Admissibility Criteria for Forensic Evidence**
Pakistani courts typically consider the following factors:
a. Expert Qualification
Only a qualified expert in the relevant field may present forensic evidence. His/her credentials and experience are essential to establish reliability.
b. Chain of Custody
The chain of custody must be properly maintained. If any break is found in how the evidence was handled, its credibility may be questioned.
c. Scientific Validity
The method used must be scientifically recognized and standardized, e.g., DNA testing, fingerprint comparison.
d. Corroboration
Forensic evidence, while persuasive, is not always sufficient alone. It often needs to be supported by other circumstantial or direct evidence.
** Types of Commonly Used Forensic Evidence in Pakistan**
1. DNA Analysis
Increasingly used in rape cases, paternity disputes, and bodily identification. It has become a vital tool under Punjab Forensic Science Agency (PFSA).
2. Fingerprints
A traditional yet highly reliable method, especially in theft, robbery, or murder cases.
3. Ballistics Reports
Used to link weapons to bullets and determine the trajectory and firing distance, especially in firearm-related homicides.
4. Chemical Analysis
Toxic substances and narcotics are tested at Forensic Science Laboratories. These reports are admissible under Section 510 CrPC.
5. Digital Forensics
Increasingly relevant in cybercrimes, electronic fraud, and digital harassment cases under the Prevention of Electronic Crimes Act (PECA) 2016.
** Case Law on Forensic Evidence in Pakistan**
- PLD 2013 SC 401 (Imran Ashraf case)
The Supreme Court emphasized the significance of DNA evidence in rape cases and ruled that if DNA is available and not used, it amounts to defective investigation. - 2020 SCMR 1189
In this case, lack of fingerprint matching led to the acquittal of the accused, reinforcing the principle that scientific evidence must be used appropriately. - PLJ 2014 CrC 140 (Lahore)
The court held that forensic lab reports are admissible without the need to summon the expert unless the defense disputes the findings.
** Impact on Criminal Justice System**
Positive Effects:
- Ensures objectivity and accuracy
- Reduces reliance on eyewitnesses, which can be unreliable
- Helps in exonerating the innocent
- Aids in identifying repeat offenders
Challenges:
- Lack of trained professionals
- Limited forensic infrastructure outside major cities
- Delays in lab reports
- Poor chain of custody practices
** Recommendations for Effective Use**
- Strengthen forensic labs and ensure provincial labs are adequately resourced.
- Train police investigators in handling and preserving forensic evidence.
- Speed up lab testing timelines to support timely trials.
- Amend laws to require forensic testing in all serious offenses (rape, murder, etc.)
Conclusion
Forensic evidence, when properly gathered and presented, can significantly enhance the delivery of justice in Pakistan. With growing reliance on science and technology, it is imperative that Pakistan’s criminal justice system continues to evolve. The courts must ensure that such evidence is accurate, reliable, and used ethically in determining guilt or innocence.
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