Shaikh Karishma Hamid

LLM II
Law, Science & Technology
Assignment No. 4

Question No.1

What is ‘Forensic Science’? Explain the Significance of Forensic Science in Criminal

Matters with the help of relevant Constitutional and Legal Provisions.

Answer: -
WHAT IS FORENSIC SCIENCE?
An introduction to Forensic Science defines it as “The application of science to those
criminal and civil laws that are enforced by the police agencies in a criminal justice
system”. Forensic Science deals with the application of the knowledge and methodology of
various disciplines of science to legal matters. It involves the use of multiple disciplines such
as physics, chemistry, biology, computer science and engineering for evidence analysis. For
instance, physics is used to understand the pattern of a blood spatter, biology to establish the
source of an unidentified suspect and chemistry to determine the composition of drugs. Thus,
the role of forensic science in criminal justice and the legal system is highly critical but is
often underrated.

FORENSIC SCIENCE AND ITS SCOPE

Forensic Science is described as "applying science to statutes enacted in criminal justice by
law enforcement agencies." Forensic Science is concerned with the application of scientific
concepts and methods of the various science disciplines to legal matters. The proof analysis
consists of multiple areas such as sociology, physics, forensic chemistry and biology, DNA
profiling, computer science, and engineering. Physics, for example, is used to understand
the blueprint of a blood dispersion; biochemistry seeks to strengthen the basis for an
unverified suspect, and chemistry helps us to find out the chemical composition of different
drugs.

Forensic science is an integration of nearly all scientific skills and acts as a critical and
qualified tool that makes the dispensation of justice possible in criminal, civil, legislative, and
social contexts. It helps to describe all of science's applications in addressing the questions of
legal significance. Forensic science is now a highly advanced research method used in
criminal and civil investigations, able to address critical questions and an integral part of the
criminal justice system. It includes all renowned techniques such as the analysis of
fingerprints, DNA analysis, ballistics and explosives, firearms, culture, etc.

PARTS OF FORENSIC SCIENCE

1. Forensic Odontology
Forensic dentistry assists in identifying victims when the body is left in an
unrecognizable state. This is accomplished by examining their teeth, mouth alignment
and overall mouth structure. Forensic dentists or odontologists aid with a person's
comparative identification by analysing the teeth's growth and anatomy, and any restorative
dental corrections such as a filling. This is also used for bite mark analysis in criminal
investigations.

2. Forensic Toxicology
Chemicals legally recognized as having the abuse potential are considered controlled
substances. This includes illegal drugs like cocaine or heroin and prescription
 Shaikh Karishma Hamid
LLM II
Law, Science & Technology
Assignment No. 4

medications like oxycodone. Detecting and recognizing these controlled drugs play a vital
role in helping law enforcement authorities combat opioid addiction and drug-based violence.

Forensic Toxicology includes biological sample processing in order to test for the existence
of toxins and medications. This forensic science division is of vital importance in road
accidents, poisoning, sexual assault etc. The toxicology reports provide crucial details on
the existence of an incidence-related drug present in a person. This also determines whether
the number of substances absorbed by a therapeutic dose is normal or exceeds the acceptable
standard. Because new types of drugs are being created every day, this branch of forensic
science is continually changing and demands an up-to-date approach.

3. Forensic Anthropology
This deals with the examination of damaged human remains or skeletons to assess age,
height, gender and ethnicity. It also helps by recognizing and evaluating injuries, if any, to
determine the time elapsed since the time of death. The research offers useful leads on victim
identification, especially in cases where the bodies are beyond recognition.

4. Impression and Pattern Evidence

Evidence for impression is the evidence produced when two objects come into contact with
sufficient force to produce an impression. This can include a two-dimensional impression
such as a fingerprint, or a three-dimensional impression such as a bullet mark.
Examination of pattern proof requires finding and evaluating additional details within a given
perception. When used in conjunction, impression and pattern evidence can help in
establishing vital links between a suspect/tool to a crime scene.

5. Forensic Pathology and Medicolegal Death Investigation

Forensic pathology helps with the examination of the corpse in determining the cause of
death. Forensic medicine requires gathering and examining medical samples in order to
deduce facts which are admissible in court. Identification of wound patterns, for example,
can aid in identifying the weapons used to inflict the wound. Furthermore, forensic
pathologists may investigate weapons or other projectiles in deaths involving exit and entry
wounds. For this purpose, a forensic pathologist may draw critical inferences as to whether
death is natural, criminal or accidental.

6. Trace Evidence
Examples of trace evidence include substances such as fibres, dirt, hair, bullet residue,
wood, and pollen. It derives its name from its ability to be easily transferable in the course of
a crime between objects, people or climate. Trace evidence also plays a crucial role in linking
the perpetrator to the victim. For example, a soil sample taken from a victim's shoes may
provide vital clues as to the location of the crime and thus help identify the perpetrator.

7. Cyber Forensics
Cyber Forensics includes the study of electronic data and physical storage devices such as
pen drives, hard disks, etc. Its main purpose is to recognize, store, retrieve, evaluate, and
present facts and opinions on digital content. This is mostly used to prosecute cybercrimes,
as well as civil events. Cyber Forensics has been in use in criminal law since the mid-1980s.

8. Ballistics
Shaikh Karishma Hamid
LLM II
Law, Science & Technology
Assignment No. 4

Ballistics is a technical forensic science dealing with motion, actions, movement, angular
motion, and projectile impact, such as bullets, rockets, missiles, bombs, etc. Ballistics were
used mainly in criminal investigations. Examination of the bullet found at a crime scene, for
example, could show the type of gun used to fire it, and whether it was involved with any
other crime in the past. In fact, the ballistic specifics are recorded in a vast database that the
law enforcement agencies around the globe can access.

Principle of exchange-
‘Contract exchanges traces’ is the principle of exchange. It was first enunciated by the
French scientist, Edmond Locard.

According to the principal, when a criminal or his instruments of crime come in contact with
the victim or the objects surrounding him, they leave traces. Likewise, the criminal or his
instruments pick up traces from the same contact. Thus, a mutual exchange of traces like
takes
place between the criminal, the victim and the objects involved in the crime. If these traces
are
identified to the original source, viz., the criminal or his instrument (or vice versa),
they establish the contact and pin the crime on to the criminal. The principal of exchange is
aptly demonstrated in hit and run cases and in offences against person.

APPLICATION OF FORENSIC SCIENCE IN LAW

Forensic analysis is often performed by professionals working alone or in groups. Forensic
evidence analysis is utilized in the investigation and prosecution of civil and criminal cases. It
may frequently aid in determining the guilt or innocence of potential suspects. Forensic
evidence is also utilized to connect crimes that are suspected to be linked. For example,
DNA evidence might link a single criminal to many crimes or crime locations (or
exonerate the accused). Linking crimes assists law enforcement agencies in narrowing the
pool of prospective suspects and establishing patterns of crime, which is important in
identifying and prosecuting criminals.

Forensic Science is one of the essential components of criminal justice. It essentially deals
with the scientific assessment of physical clues gathered from the crime scene. The identity
(what) of the crime committed is gathered through rhetorical investigation of physical clues.
The conditions speak volumes about the time (when) of the occurrence. The rhetorical
proof establishes the location of the crime (where/crime scene). The rhetorical investigation
determines the offender's technique (how). Finally, it explains the motive for the crime.
The culprit and hence the victim are determined by the rhetorical investigators.

The work of a forensic scientist in a criminal investigation is crucial since it involves a

comprehensive examination of evidence while assuring that it is not tampered with. A diverse
array of forensic professionals and forensic techniques are used in the investigation of a
criminal activity. Autopsies to identify the cause of death, for example, are performed by
forensic pathologists. An autopsy can assist in identifying the cause and manner of death
by examining bodily fluids and tissues. Forensic scientists analyse physical evidence
(fingerprints, DNA, hair, etc.) acquired from the crime scene to identify suspects.
Furthermore, forensic professionals use image modification technology to seek down
perpetrators who have eluded authorities for a long time.
 Shaikh Karishma Hamid
LLM II
Law, Science & Technology
Assignment No. 4

A KEY ELEMENT OF FORENSIC INVESTIGATION

1. Crime Scene–  
A scene of occurrence of a crime is a place where a particular crime has been committed or
where physical evidence of such crime has been found when it is first conducted to the
notice of the police.  It is a starting point for the investigator, which provides him with the
information on the victim and the suspect, and to reconstruct the crime.

The scene of occurrence cannot be limited to one place only. It may extend to one or more
places. It may also not be limited to immediate surroundings, but may in a wider area
depending upon the nature of the crime committed.

In a compact scene of the crime, such as burglary, the scene may be divided into five
parts, namely:
 Line of approach
 Point of entry;
 Actual scene;
 Point of exit; and
 Line of retreat.

2. Preservation of the Crime Scene –

Preservation of the crime scene is the most important task of the police officers. There is a
duty of the first person arriving at the scene to protect the scene from curious onlookers and
family members. Nothing on the scene should be changed, touched or altered until the
investigating officer takes its proper note. Once any material object of a dead body is
moved from its place, it can never be restored to its original position That scene, once
touched or altered, will make the task very difficult for an investigator.

3. Recording of the Crime Scene –

After taking immediate action to preserve the crime scene, the Investigator should then
proceed to record the evidence. he should seek the help of two reliable witnesses,
preferably from the neighbourhood of the crime scene, as their presence will strengthen
the case of prosecution at the time of trial. No evidence should be picked up, or touched or
even disturbed till every minute details have been described in a notebook.

4. Recording of the crime scene including

 Recording of notes
 Sketching the crime scene
 Photography of the crime scene

ROLE AND APPLICATION OF FORENSIC SCIENCE IN A CRIMINAL

INVESTIGATION
Forensic science is the key element in a criminal investigation without which the
investigation is not complete. It has a remarkable contribution in solving criminal
investigation and other heinous violence. Without the forensic science application,
criminals can never be convicted unless an eyewitness is present. After the
commencement of the crime, police and other law enforcement agencies are involved in the
collection of evidence, the investigating officer tries to collect the maximum evidence found
 Shaikh Karishma Hamid
LLM II
Law, Science & Technology
Assignment No. 4

at the site of the crime be it physical or digital because a minuscule proof can revert the case.
And it is forensic science that deals with the analysis of those evidence to establish the
facts admissible in the court of law. Thus, without the help of forensic science,
murderers, thieves, drug traffickers and rapists would be roaming scot-free.

Forensic science plays a crucial role in the criminal justice system as it provides the
scientific-based information through the analysis of physical evidence, the identity of the
culprit through personal clues that associate with the criminal through objects left by
him at the criminal site like a fingerprint, blood drop or hair, footprints, mobile phones
or any other gadgets.

When it comes to forensic science, there is a great role of scientists who deals with it. The
duties and responsibilities of a forensic scientist in a criminal investigation is critical as it
involves the careful examination of evidence while ensuring that it is not tampered with.
Forensic science involves forensic tools in the investigation of a criminal act.

For instance, forensic pathologists are skilled at determining the cause of death by performing
autopsies. An autopsy helps establish the cause and manner of death through the examination
of body fluids and tissues. Forensic Scientists analyse physical evidence like fingerprints,
blood, hair, etc. collected from the incident scene to identify suspects. Furthermore, forensic
professionals use image modification tools to search for criminals absconding from the law
for a long time. This tool allows them to digitally age a photograph to understand how the
individual would look at aging.

FORENSIC ANALYSIS IN THE INDIAN SCENARIO

1. Sections 45 and 46 of the Indian Evidence Act offer a quick summary of the admissibility
of forensic evidence in courtrooms. The following may be found in sections 45 and 46:
When required, the court will depend on experienced experts with technical and field
knowledge of the facts described in the case.

The court will depend on the report presented by the official or expert who arrived at his
conclusions in good faith utilizing a range of techniques.

Any evidence that appears irrelevant to the court but is important in the expert's opinion
will be given relevance as a result of the expert's opinion.

2. Sec. 73 of the Indian Evidence Act , directs that any person can be asked to give a
fingerprint or DNA examination even if they are the accused.

3. Section 53 of the Criminal Procedure Code, 1976 , provides that a person accused may be
subjected to a medical examination if the officers believe that the examination can provide
some evidence to the crime.

*In 2005, certain amendments were made in Criminal Procedure to include the
examination of blood-stain, DNA profiling, semen test, swabs, hair samples, etc., but it was
constrictive only to the rape cases.
 Shaikh Karishma Hamid
LLM II
Law, Science & Technology
Assignment No. 4

Section 53 (I) CrPC states that an accused may be investigated by a medical practitioner at
the request of a police officer who is using reasonable force.

Section 53 (ii) CrPC requires that any examination of a female accused person be conducted
only by or under the supervision of a female certified medical practitioner.

4. Under Section 54 CrPC, a medical practitioner may examine an arrested person at his
request in an attempt to identify evidence in his favour.

There have constantly been concerns that forensic evidence given in a court of law violates
the fundamental provisions of the law.

5. Section 164A of Criminal Procedure also authorizes the medical examiner to examine the
victim of the rape case within 24-hours. But the question arises whether all the practitioner is
proficient for the collection of DNA samples. It is a well-known fact that the sample
collection must not be contaminated as it would be of no further use.

6. According to Article 20(3) of the Indian Constitution, any person accused of criminal
conduct cannot be forced to testify against himself. Many people believed that using
fingerprints and DNA analyses for verification violated Article 20. (3). They contended that
requiring the accused to provide fingerprints is equivalent to the accused providing evidence
against themselves. However, in the case of State of Bombay v. Kathi Kalu Oghad and
Anr.1, the Supreme Court ruled that ordering anybody to provide forensic evidence such
as fingerprints, blood, or hair sperm did not violate the clause of Article 20(3).

As per Articles 20(3) of the Indian Constitution, no person accused of any offense shall be
compelled to be a witness against himself. This article defends the accused from the mental
harassment they undergo during detention. Criminal law believes an accused is innocent until
his guilt is proved beyond a reasonable doubt.

7. Another debate was on Narco-analysis and its constitutional validity. Narco-analysis is

new in the field of the criminal investigation. But the question arises whether the evidence by
narco-analysis admissible in the court of law? In this method, the investigating officer tries
to acquire some sort of statements from a semi-conscious person which can be used as
the evidence.  This process possesses several questions about law and ethics. Some felt that it
is violating the provision of Art. 20 of the Indian Constitution against self-incrimination. 

The Bombay high court in Ramchandra Reddy and Ors. v.The state of Maharashtra 2 upheld
the legality of the use of lie detector tests and the use of narco analysis. But in the case
of Selvi and Ors. v. State of Karnataka and Anr. 3 The court held that the if the person
providing statements in brain mapping or narco-analysis test is in a semi-conscious
state they cannot be considered conclusive and thus it cannot be made a part of the
compulsory investigation process.

1
1961 AIR 1808
2
5 March, 2004
3
((1978) 1 SCC 248)
Shaikh Karishma Hamid
LLM II
Law, Science & Technology
Assignment No. 4

Despite the fact that the use of forensic evidence has increased in the court system, there is
still a limiting usage in the Indian judiciary. To date, the court has relied heavily on non-
forensic, non-scientific evidence to render a decision. According to a recent survey
undertaken by the Supreme Court of India and the High Court of Delhi, barely 60-65 cases
are resolved using forensic evidence. DNA evidence has only been utilized in roughly 5% of
murder cases and 3% of rape cases. These numbers demonstrate the absence of scientific
evidence in an Indian criminal inquiry. Courts have often remarked on the grounds for their
unwillingness to employ forensic evidence in criminal investigations, including faulty
collection, lack of preservation, non-collection of physical proof, unmaintained chain of
custody, and delayed dispatch of tangible evidence for scientific examination.

Thus, the criminal justice system has an immense belief in forensic science and has depended
on them since ages for delivering judgment. Forensic reports are considered as the bible
for many judges and have been regarded as belief tendered by experts. But courts are
not bound by the reports and can count on other evidence.

FORENSIC SCIENCE IN CIVIL PROCEEDINGS

Forensic evidence is not only used in criminal investigations and trials. Forensic
investigations and analysis have been shown to be useful in mediation, arbitration, and
civil litigation. Physical evidence is subject to the same forensic concepts, protocols, and
scientific methodologies whether the case is criminal or not.

Handwriting and Questioned Document Examination can be critical in dispute resolution

instances involving fraudulent documentation because it addresses issues such as whether a
controversial document has been manipulated, backdated, substituted, or whether the
signatures on a document were faked.

In civil lawsuits involving traffic accidents or industrial mishaps, where the claimant is
suing the defendant for negligence in order to recover compensation, the expertise of a
forensic scientist who is well-versed and skilled in niche areas such as road accident
reconstruction, occupational injuries reconstruction, and examination of damaged
materials will be useful in assisting the courts in determining the culpability of the
parties involved in the occurrence.

Forensic investigations, analysis, and modelling tests can be very helpful in understanding
the contributing components and underlying causes of an occurrence such as a fire,
explosion, or vandalism. Forensic discoveries aid in unravelling the events that most likely
occurred, as well as the behaviours of individuals.

Conclusion
In recent years, forensic science has grown dramatically, particularly in the fields of DNA
collection and analysis and crime scene reconstruction. Nonetheless, there are far too few
specialists who are competent in utilizing forensic science in legal situations. Well-trained
forensic scientists and medical examiners may make or break evidence's capacity to
appropriately depict the facts of a case. Forensic science may be employed in practically
every case; however, homicide, rape, and arson investigations gain the most from it.
Shaikh Karishma Hamid
LLM II
Law, Science & Technology
Assignment No. 4

Forensic science, as a scientific approach, is a boon to the justice system. To move forward,
we must address the current faults. On the same hand, there is a need to ensure that law
enforcement and investigative agencies fully comprehend and utilize forensic science as a
comprehensive problem-solving resource.

There has been a focus in India on the inclusion of technology in the field of inquiry. Several
commission studies argued that using the scientific approach in delivering decisions might
bring about fairness, which is a cornerstone of democracy. However, courts have been
hesitant to incorporate forensic science into their systems, owing to past experiences with
contaminated evidence and fabricated outcomes. The government must take initiatives to
raise public knowledge about the value of forensic science in the justice system. Police,
investigating officers, detectives, and researchers must be educated on the advancement of
science and technology, as well as the significance of such evidence.
Shaikh Karishma Hamid
LLM II
Law, Science & Technology
Assignment No. 4

Question No.2
Elucidate the significance of Science and Technology in Legal Proceedings and the role
of Indian Judiciary on the use of Science and Technology.

Answer: -
INTRODUCTION
Technological Developments in the field of information and introduction of computers have
made a turning point in the history of human civilization. It has brought about a sea change in
all fields of human activity. It has resulted in enhanced efficiency, productivity, and
quality of output in every walk of life.

Extensive use of Information Technology by diverse organizations the world over has
resulted in enhanced efficiency, effectiveness and optimal use of resources. Computers as
well as electronic communication devices such as facsimile machines, electronic mail,
video conferencing, provide the ability to process large volumes of data with speed and
accuracy, exchange of useful information between different locations and support a
higher quality of decision making. These capabilities have contributed to more efficient and
responsive systems not only in business organizations but also in legal, governmental and
other public systems.

While the Information Revolution arrived in India some years ago, automation has not
transformed all facets of life in equal measure. It has not permeated to the Subordinate
judiciary, in particular, resulting in old work methods based on manual systems being
continued even now. The enormous problems being faced by the judiciary due to
arrears, backlogs, and delays can be partly resolved by the introduction of automation
in subordinate courts.

The problems faced by courts, judiciary, and public seeking justice in terms of backlogs,
delays and expense are well known. While there are many dimensions to these problems,
improvements in operational efficiency, coordination, accessibility and speed which IT could
bring about can contribute significantly towards improvement and alleviation of difficulties.

However, the present pace of development, particularly at the subordinate court level is too
slow and is unlikely to have the desired impact in the near future. Massive problems need
appropriately large commitments and major initiatives if a significant dent is to be made.

Most of the bottlenecks identified by Judicial Commissions and Committees referring to

delays, arrears and backlog be partly overcome if a sound judicial management
information system is introduced in India. Case Management, File Management, and
Docket Management will be vastly improved by resorting to the use of computers.
 Shaikh Karishma Hamid
LLM II
Law, Science & Technology
Assignment No. 4

In particular, the following are areas where the use of computers will result in enhanced
productivity and reduction of delays.

a) Legal Information Data Bases.

b) On line query system for precedents, citations, codes, statutes etc.
c) Generation of Cause List and online statistical reports.
d) Online Caveat matching.
e) Online updating of data, monitoring and “flagging” of events.
f) Pooling of orders and judgments.
g) Daily List generation with historical data of each case.
h) Word processing with standard templates including generation of notices/processes.
i) Access to international databases.
j) Feedback reports for use of various levels.

The above are some of the areas where information technology can be introduced after due
preparation. In particular, tracking of cases would result in better monitoring and
control of cases by the Presiding Officers, rather than by the lawyers.

Computerization should be supplemented by the use of Fax, E-Mail, Video conferencing

and other facilities for higher productivity and quicker decision making at all levels.

WHAT IS LEGAL TECH?

Legal technology (usually called Legal tech) refers to technologies and software that
substantially changes the way we use legal services in our daily lives.

In broader terms, it represents the set of technologies that –

 Eases the practice of law for attorneys and legal professionals, and
 Enables customers access legal competence or justice.

ROLE OF TECHNOLOGY IN LEGAL SECTOR

Technology has been playing a vital role in the legal industry. It has increased the efficiency
of legal offices and productivity of clerical workers. With the advent of legal tech, there is
greater transparency between legal firms and clients. Clients know how much fees they
have to pay and can keep track of day-to-day progress of the lawyer on their case. Also,
there is no doubt that technology, if used correctly, is fast and efficient – more than any
human individual. This can prove to be of great assistance to any law firm. 

Here are a few pointers that show how technology is revolutionizing the legal sector:

1.  Automated processes

Traditionally, all the in-house legal tasks are performed manually. While lawyers focus
heavily on interacting with non-lawyers and other business professionals, they also have to
invest some time in operating the associated tasks. Of which, 63% are found to be fact-based
and repeatable. 

Now, legal software like word processors and eDiscovery software, in this case, takes
over the tasks and perform automatically. This not solely enhances the pace of operations,
but also gives attorneys enough time to focus on other productive tasks.
Shaikh Karishma Hamid
LLM II
Law, Science & Technology
Assignment No. 4

2.  Ease of research

Though legal professionals have become accustomed to the Internet and other such resources
for their research method, they are still clung to the print products. They take a printout of
everything including the revised laws and regulations and refer to them while working on
each case. This adds to the time required for research work.

Legal research solutions, in this case, helps lawyers remain updated with each and every
change in the regulations even when not at their desk. Besides, these platforms avail a
vast range of tools and functionalities like ‘search’ that might not be available with print
products.

3.  Better resource management

Earlier, junior attorneys were recruited to perform odd jobs like gathering, storing, managing,
and processing titles, or informing lawyers about their daily schedule. This not only makes
them disinterested in the process, but also makes senior attorneys wonder how to use their
potential in a better way. Something that legal tech solutions help with.

The legal title management and calendaring applications perform all the tasks associated
with titles along with giving them quick insights of what all tasks they have to do on that
particular day. This gives senior attorneys an opportunity to use the resources (here, junior
attorneys) in a better and effective way. Consequently, resulting in better outcomes.

4.  Decline in risk of errors

Another importance of technology in law sector is that it cuts down the risk of errors that
might be possible because of overlooking or misinterpretation of any fact and figure,
ultimately bringing a drastic change in the judgment.

Here, the technological solutions ease the access to all the details. Also, it adds the facility to
use the raw power of analytics in the processing, making it easier for legal practitioners to
look at any fact/evidence from different angles and utilize it in a better and effective manner.

5.  Increased transparency

Even today, many lawyers showcase the issues faced by clients in a complicated way to earn
more profits. They do not disclose that the problem they are facing is as simple as using a
DSLR. Besides, the law practices are also confined to offline sources. This makes clients
doubt every lawyer they connect with.

However, this situation can be improved with the help of the finest legal practice
management solutions and other such offers. These tech solutions can create a
marketplace where clients can come across the profiles of the best legal professionals in
the industry. They can chat with different attorneys and remain in touch in real-time, along
with getting acquainted with the basic law requirements. This can further help them partner
with the right professionals and enjoy higher perks, in addition to trust ability and
transparency in the process.
Shaikh Karishma Hamid
LLM II
Law, Science & Technology
Assignment No. 4

6.  Introduction of new legal products/services

Another impact of technology on legal profession is that it bridges the gap between lawyers
and others. This gives lawyers a clear understanding of what issues are clients facing in
common these days and comes up with relevant solutions. 

7.  Higher convenience

Legal-based mobile apps and software adds convenience to the processes in the law industry.
On one side, these tech solutions help common users connect with the top law professionals
even without stepping out of their home. While, on the other side, these software can provide
lawyers an opportunity to maintain communication with other attorneys and clients, update
them in real-time, perform research work efficiently, and more.
This, as a result, makes the complete legal ecosystem highly convenient for all.

8.  Enhanced customer experience

Gone are those days when offering the finest legal services was all required to gain limelight
in the industry. Today, it has become equally important to keep your clients satisfied and
happy. 

9. More collaboration among lawyers:

One of the advantages of technology in law is that lawyers can now work together on
important matters with productive tools like Slack, Google Docs, Microsoft Teams, etc.
They no longer have to sit next to each other in order to draft a petition or discuss the
important aspects of a case. Legal tech is enabling a culture of remote law firms. Lawyers
and law firms can now serve more clients irrespective of geographical location. 

10. Faster processing of information:

The use of technology in legal profession, if used correctly, is fast and efficient.. This can
prove to be of great assistance to any law firm. Using technology, a high level of analysis can
be done in a matter of minutes. Complex calculations and error solving can be now done in
a few seconds. This would previously take a large amount of time and was also quite a
tedious clerical task that interested no one. However, as of now, legal technology can help in
managing a high turnover of cases.

POSITION IN INDIA
A. E-Justice

Recently, there has been a tremendous interest in major initiatives in IT at the national level.
A task force set up by the Prime Minister has drawn up 108 recommendations with the
objective of developing India into an “IT Superpower”. Further, computer usage has made
sufficient inroads into private as well as public organizations in India. There are several
visibly successful applications, be it in railway reservations or department stores or
educational institutions.

Also, India software developers have been recognized internationally for their talent in
developing software for diverse applications. It is time that these talents and experience be
put to use in developing effective systems for the important and public-sensitive domain of
legal systems.
Shaikh Karishma Hamid
LLM II
Law, Science & Technology
Assignment No. 4

E-justice is considered and rendered as an organ of e-governance. The Indian judiciary of

composed of 15,000 courts in 2500 court complexes. Efforts for computerization have been
going on since 1990. Under the National e-Governance Plan, the computerization of
courts have been made a Mission Mode Project (MMP) and it has been proposed to
implement information and communication technology in three phases over a period of
five years. The scope of this project is to develop, deliver, install and implement automated
decision making and decision support systems in the courts.

The main objectives of the MMP are as follows:

1. To help the judicial administration of courts in streamlining their day to day activities.
2. To assist judicial administration in reducing pendency of cases.
3. To provide transparency of information to litigants.
4. To provide access to legal and judicial databases to the judges.

Once fully implemented, the project would render the online availability of judgments,
cause lists etc., e-filing of cases as well as delivering notices provided the email IDs of
clients are available.

The implementation of the project was initiated in December 2004 and an e-Committee
was constituted to oversee its implementation. A national policy and action plan were
formulated by the e-Committee. To this day, 700 courts in metro cities as well as 900 courts
in capital cities except for North East, Ahmedabad and Patna have been covered.

The approval from the Cabinet for execution of the project in 2100 court complexes has
been obtained and an amount of Rs. 442 crores have been granted for the
implementation of the project in 2 years. The work is being carried out by the National
Informatics Centre (NIC) under the overall guidance of the e-Committee.

The e-Courts project will ensure that the status of pending cases from every court will
be available online—in terms of both the cause list and the case details. It will also help
courts issue digitally certified copies instantaneously. Facilitation counters will be set up in
every court building for the filing of cases and the issuance of certified copies and case
information. This will help citizens report cases and obtain information without hassle.

In Phase -II of this project, victims and witnesses will be produced through video
conferencing. Notices will be served and summons of a higher court will be sent
electronically. Digitally signed court orders and judgments will be available on the
internet.

This project will also help in creating a database of pending cases and the electronic
calculation of fees to eradicate corruption. It will electronically assign cases to judges.
Similar cases will be grouped together, which will help in closing similar cases at a go. The
system will also store digital transcripts of evidence, to make them tamperproof. Moreover,
this system will help in the monitoring of process service levels.
Shaikh Karishma Hamid
LLM II
Law, Science & Technology
Assignment No. 4

IMPACT OF INFORMATION TECHNOLOGY IN COURTS

The National Informatics Centre has been closely associated with the Indian Judiciary for the
past eleven years. NIC’s role in serving the legal community through Information
Technology (IT) began as early as 1990 when the COURTIS (Court Information
System) Project was conceptualized and commissioned for streamlining registries of various
courts. COURTIS was implemented by NIC to serve all stakeholders like judges, advocates,
litigants, law firms, legal institutions, government, researchers, and the general public in the
legal system.

All High Courts have been computerized and interconnected through NIC’s satellite-based
computer-communication network NICNET. NICNET based COURTIS project
interconnects the Supreme Court and all High Courts and is in the process of computerization
and integration of all District Courts in India. The main components of COURTIS are case
status, Judgment Information System (JUDIS), cause lists and daily orders on the
internet. Apart from JUDIS, there are various other online databases which facilitate the easy
reference of cases. They include Manupatra, Westlaw, Indian Kanoon etc.

NIC took up computerization of all 18 High Courts and 10 Benches on the lines of Apex
Court’s Computerisation. NIC has also implemented the List of Business Information
(LOBIS) in all High Court Courts. It is about the scheduling of cases to be heard by the
courts on the following day. It enabled the Registries of Supreme Court and High Courts in
eliminating manual process of cause list generation and thereby eliminating manipulation by
vested interests.

These databases contain details of fresh cases, disposed and pending cases. Most of the
High Courts have opened query counters along with Filing Counters for providing Case-
status information to the litigants and advocates. In the Supreme Court of India and all
High Courts, fresh cases are filed only before the computerized Filing Counters. As the
advocates stand in queue for Filing cases before the counters, the data entry Operator enters
preliminary details required for Registration such as Party names, advocate details, etc.

The computer terminal at the query counter is used to attend to the quarries of the litigants on
the spot. The defects, if any, are listed out and handed over to the litigants/advocates for
rectification. The time limitation is also checked by the system automatically.

Further in 1997 NIC took up the computerization of all 430 District Courts in the country on
the lines of High Courts Computerisation Project to provide judicial and legal databases to
the District Judges. The project can be further extended to have Technology Courts formed in
the country.

B. Tele-Justice
Tele-justice, simply put, involves the use of IT services in the field of judicial
administration. It includes a simple telephone call, using satellite technology to
communicate between people in two countries, using video-conferencing equipment or
intranet technology. Today, video conferencing is used by many judicial officers daily and
is connected to prisons. Similarly, intranet technology is being used in many courts.
Shaikh Karishma Hamid
LLM II
Law, Science & Technology
Assignment No. 4

With tele justice, the accused can now be present in a court through a video link,
established on ISDN lines, between the prison and the court. Today, Indian states
including Maharashtra, Andhra Pradesh, Tamil Nadu, Gujarat, and Bihar have already
introduced tele-justice. In Maharashtra, for instance, over 40 jails in and around
Mumbai are connected to district level courts through video conferencing.

There are risks attached to transporting convicts from prison to the courts. In addition, there
are also costs in the form of deployment of policemen, security charges and transportation.
Tele-justice yields considerable savings on these fronts.

Tele-justice involves two different kinds of technology:

1. Store and forward: 

Used for transferring digital images from one location to another. A digital image is taken
using a digital camera shared, and then sent, that is forwarded by the computer to another
location. Usually used for non-emergency situations. Valuable but disputed documents which
could not be sent by any other means of communications without risk could be digitally
imaged and thus stored and forwarded for analysis and report.

2. Two-way interactive television (IATV): 

Used when face-to-face consultation is necessary. Video conferencing equipment at both

locations allows a ‘real-time’ consultation to take place.

Worldwide, tele-justice has emerged as a secure way of carrying out legal procedures. By
installing a video conferencing system at the courthouse as well as the prison facility,
defendants can participate in all legal procedures without law enforcement having to shoulder
the dangers associated with jail-to-courthouse prisoner transport.

Video-conferencing also helps connect more than one courtroom during a trial, and
enables the use of more than one application. The system provides a simple user
interface, which allows non-technical users such as judges and court staff, to easily
operate and maintain the judicial video conferencing system.

The video conferencing equipment is mobile so it can be moved from room to room and
connects to the court’s existing data infrastructure. Through video conferencing, timely
actions and decisions can be taken during a trial.

Other advantages include making specialty more accessible to rural as well as urban
areas, alleviate prohibitive travel and associated costs for litigants, opening up new
possibilities for continuing education for isolated or rural legal practitioners and cutting
costs of legal care for those in rural areas.

However, there are certain barriers that can hinder the tele-justice system from achieving its
full potential. Many countries will not allow out-of-country lawyers to practice unless
licensed in their country. Many private insurers will not reimburse. Another factor is the lack
of appropriate telecommunications technology, especially in rural areas. The tele-justice
system requires very high bandwidth which cannot be supplied by regular telephone lines.
Shaikh Karishma Hamid
LLM II
Law, Science & Technology
Assignment No. 4

Computerization of courts has paved way for efficient handling of all matters including
security concerns.

CONCLUSION

The most significant impact of technology with regard to the judicial process has been in the
domain of procedure. Investigative agencies have increasingly come to rely on forensic
techniques such as analysis of fingerprints, voice, handwriting, blood samples, DNA and
other bodily substances for evidence gathering. Software is also used for reconstructing the
images of suspects and aiding the investigation.

A new branch of investigation known as cyber forensics has gained a lot of attention in the
recent years. As newer technologies are introduced to assist investigation agencies, it is
important to not be blindly enthusiastic about their reliability. The use of scientific techniques
holds immense promise in the criminal justice system, but before accepting each technique
we must examine it critically in light of the constitutional rights granted to citizens and the
requisite evidentiary standards.