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Chain of custody for the integrity of evidence: A critical examination

By: Kumar,Pranav.
Material type: materialTypeLabelBookPublisher: The Indian Police Journal Description: 71(3&4), Jul-Dec, 2023: p.44-54.Subject(s): Chain of custody, Physical evidence, Forensic science In: The Indian Police JournalSummary: Maintenance of the chain of custody in criminal proceedings is required to establish that the physical evidence being produced before the Court is the same as the one that was taken possession of by the investigating officers during investigation. Chain of custody is essential for the admissibility of any physical evidence in a court of law. Despite its enormous significance, there is limited discourse in India over the chain of custody in criminal jurisprudence and forensic practice. Chain of custody is of particular relevance when a seized object or sample is sent to a forensic science laboratory for expert opinion as all stages of transfer of possession and examination are required to be documented. Constitutional Courts in India have dealt with the question of chain of custody, mainly in the context of NDPS cases and cases involving biological evidence. In light of the increasing utilization of forensic methodologies in criminal investigations, the imperative to uphold a stringent chain of custody has acquired heightened significance, necessitating a more meticulous scrutiny of the issue. This article critically examines various aspects of the chain of custody and its need for evidence integrity. The article provides a critical analysis of different facets of the chain of custody and underscores its necessity for maintaining the integrity of evidence. – Reproduced https://bprd.nic.in/uploads/pdf/IPJ%20JULY%20-%20DECEMBER%202023.pdf
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Articles Articles Indian Institute of Public Administration
71(3&4), Jul-Dec, 2023: p.44-54 Available AR133398

Maintenance of the chain of custody in criminal proceedings is required to establish that the physical evidence being produced before the Court is the same as the one that was taken possession of by the investigating officers during investigation. Chain of custody is essential for the admissibility of any physical evidence in a court of law. Despite its enormous significance, there is limited discourse in India over the chain of custody in criminal jurisprudence and forensic practice. Chain of custody is of particular relevance when a seized object or sample is sent to a forensic science laboratory for expert opinion as all stages of transfer of possession and examination are required to be documented. Constitutional Courts in India have dealt with the question of chain of custody, mainly in the context of NDPS cases and cases involving biological evidence. In light of the increasing utilization of forensic methodologies in criminal investigations, the imperative to uphold a stringent chain of custody has acquired heightened significance, necessitating a more meticulous scrutiny of the issue. This article critically examines various aspects of the chain of custody and its need for evidence integrity. The article provides a critical analysis of different facets of the chain of custody and underscores its necessity for maintaining the integrity of evidence. – Reproduced

https://bprd.nic.in/uploads/pdf/IPJ%20JULY%20-%20DECEMBER%202023.pdf

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