Forensic Experts and their Legal Admissibility in Indian Courts:-
1. Legally, expert is produced in the court of law as witness that’s way it is known as expert witness.
2. There are two types of experts in Forensic Field :-
• FSL/CFSL Experts
• Private Expert
3. The report given by the FSL/CFSL Expert in the court of Law is admissible U/s 293 Cr.P.C.
4. The report given by the Private experts (either on the personal letterhead or company letterhead) is admissible U/s 45 of IEA
Existence of Forensic Council of India:-
There is no council like Bar Council, Medical council etc, has been established so far in India for Forensic Experts. Therefore, there is no license authority that can issue Registration Number/Enrollment Number for Forensic experts in India.
All the Private Experts are working on the basis of their qualification, experience and expertise in different states of India.
Working sectors of Forensic Science in India :-
The working sectors/areas in Forensic science can be divided into major 4 categories:-
1. Government Sector/FSL
2. Private Sector
3. Teaching Sector
4. Medical Sector
GOVT/FSL/CFSL LABORATORIES –
In this sector Expert is named as Junior Forensic Assistant, Scientific Officer (SO), Senior Scientific Officer (SSO), Laboratory Assistant etc
Jobs criteria – 1) Contract base 2) Permanent
Contract Base JOB Eligibility – M.Sc Forensic Science/M.Sc in Physics, Chemistry, Biology along with the previous B.Sc which must be in pure science like Physics, Chemistry, Biology as well as in Biotechnology, Microbiology. As per the information, different FSL Adopt different procedures fro the candidates holding B.Sc Degree in Forensic Science.
Permanent Job Eligibility –
• Each State FSL has its own standard procedure for recruitment’s depending upon the division requirement. There is no similar type of procedure in all the states.
• Vacancies come time to time at State level and Central level.
• UPSC conduct interviews time to time for getting higher position or grade in FSL/CFSL.
PRIVATE SECTOR –
1. It is very necessary to know that in private sector, the scope of work in legal point of view is limited up to certain division.
2. There is no need of license to start private practice being Forensic expert because no Council in this regard as stated above.
3. Private experts are restricted to perform analysis and examination on the evidences only in the following sections/areas of Forensic:-
• In the examination of documents as a Handwriting & Fingerprint Expert in any states of India
• Private experts can take cases on Voice Analysis/Comparison
• Digital and Cyber Forensic in corporate sector
• Forensic Psychology- Developing slowly but surely in private sector like hospital, mental cases etc
• Can guide to other students by way of his Practical and field work experience in the form of Training/Internship
4. Limitations of Private Experts-
• They cannot run Government type agency that can give report equivalent to FSL/CFSL under section 293 Cr.P.C and as such no provision in Indian Law till now.
• In Criminal Cases, Court refers the suspected samples to FSL/CFSL for obtaining the report on Blood Groups, DNA, Poison, Viscera, etc. So, private or deceased/victim party cannot directly approach to private expert for testing such evidences due to legal restrictions in the Law.
• Private Experts (Individual or from private firms/company) cannot take any case in which Police investigation is going on or in pending or where charge sheet is not filed. In brutal and heinous crimes, only FSL Forensic team is entitled to visit crime scene for evidence collection and sampling as well as photography in Accidental, Suicidal and Homicidal Cases. So, there is no role of Private expert in above division of Forensic science. Means to say, private laboratory/agency is not possible even now that can submit report equivalent to under section 293 Cr.P.C.
• Private expert cannot examine the Suspected sample of DNA, toxicology, Serology, etc but they can assist to accused lawyer in the cross examination of FSL Experts in these divisions.
4. Eligibility to start Private Work :-
• B.Sc Forensic
• M.Sc Forensic
• PG Diploma in Forensic
5. How to Start Private work/Practice:-
• You can start private practice as Forensic expert/consultant after completing course as stated above being Freelancer or by making firms or company under LLP act, Proprietor firm, ISO certified etc
• Before coming into the private profession/practice, students can get practical training from the private institutions, under the supervision of any experienced private experts so that they can understand the legal and practical proceedings related to the Forensic Science being Expert Witness.
• After getting some experience as a Private practitioner or Court Commissioner (summoned witness), private practitioner can also guide and give training/internship to Fresher’s Forensic experts.
TEACHING SECTOR –
One can make career as an Assistant Professor, faculty in Universities of Forensic Science which offer Course in Forensic Science.
Eligibility: – M. Sc Forensic, Net, PhD
MEDICAL SECTOR –
This sector is related to Forensic Medicine department in which Medico legal report (MLC) or Autopsy report is submitted in the Court of Law by Forensic Medicine Expert. The main work of Forensic Medicine Expert is to perform postmortem and to prepare PM (Postmortem) report, to find out the cause of death and manner of death. This branch deals legal aspects related to death and injuries.
Eligibility: – MBBS + 3 years Specialization in MD
Jobs criteria – Government and Private Hospitals as Forensic Medicine doctor and as a Professor in Medical Colleges.