Role of personal identity under Indian legal system a study

Abstract

In this age of information technology, newer ways of the commission of crimes are being invented and tested by the anti-social elements, the extremists, the political opponents or the business rivals, to name just a few, multiplying the job of agencies responsible for maintaining law and order. The field of activities of the Criminal is widening at a terrific rate. Formerly, the criminals were usually local, now we find that national or international criminals are common phenomena. newlineIn identification there are two sorts of evidence, one is evidence of fact and the other is expert opinion. Evidence of fact consists of evidence of persons who have seen the object before, and who compare this object with the object at the trial. Forensic science is making huge progress in aiding the identification process in criminal proceedings. Major assistance from forensic science will be helpful in sex determination, age of the person, detection of handwriting and footprints etc. During this process, it utilizes both natural as well as artificial traits of a person. The natural traits may include hair, complexion and features, scars, speech and voice, gait, manner and habit, mental power and education, DNA of a person and so on. The artificial traits may include tattoos, occupation marks, clothes and personal articles. The forensic science, in the identification process, uses the methods like DNA fingerprinting, Narco analysis test, brain mapping, polygraph test etc. These methods raise a further controversy that whether personal identification contravenes the right to privacy and other constitutional rights of a person. In light of the above developments, there is a need for a thorough analysis of the subject of personal identification in the Indian criminal justice system. newline