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VOL. 2, ISSUE 3 (2026)
Admissibility and use of forensic evidence under the Bharatiya Sakshya Adhiniyam, 2023: A comparative study of India, the united states, and the United Kingdom
Authors
Pushpa Gupta, Dr. Suresh Kumar
Abstract

Forensic evidence has become an essential part of the modern criminal justice system. With the advancement of science and technology, methods such as DNA profiling, fingerprint examination, digital forensics, toxicology, ballistics, forensic pathology, and cyber forensics are widely used to investigate crimes and identify offenders. Unlike traditional evidence, which mainly depends on the statements of witnesses, forensic evidence is based on scientific examination and objective analysis. This makes it a more reliable and accurate form of evidence. However, scientific evidence can only help the court if it is legally admissible and properly evaluated by judges.

Different countries have different rules for admitting and using forensic evidence in criminal trials. In India, the law is now governed by the Bharatiya Sakshya Adhiniyam, 2023 [1], which has replaced the Indian Evidence Act, 1872, and gives greater importance to scientific and electronic evidence. In the United States, courts follow legal standards such as the Frye Test and the Daubert Test to determine whether expert scientific evidence is reliable and can be accepted in court. In the United Kingdom, the admissibility of forensic evidence is guided by common law principles, statutory provisions, and criminal procedure rules that focus on the reliability of expert witnesses and scientific methods.

This research makes a comparative study of the laws relating to the admissibility and use of forensic evidence in India, the United States, and the United Kingdom. It examines the legal provisions, important judicial decisions, and procedural safeguards followed in these countries. The study also highlights the challenges faced in the use of forensic evidence, such as issues of reliability, expert opinion, digital evidence, and scientific standards. Finally, it suggests measures to strengthen the legal framework in India under the Bharatiya Sakshya Adhiniyam, 2023 [1], so that forensic evidence can be used more effectively, fairly, and accurately in criminal trials.
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Pages:22-28
How to cite this article:
Pushpa Gupta, Dr. Suresh Kumar "Admissibility and use of forensic evidence under the Bharatiya Sakshya Adhiniyam, 2023: A comparative study of India, the united states, and the United Kingdom". World Journal of Law, Vol 2, Issue 3, 2026, Pages 22-28

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