Justice has always been a standpoint of debate for the very reason of its complexity in understanding and defining the term. It has however been concluded that it is purely contextual. What seems justice in one sense may not be just in another. The complexity further touches its zenith, when it comes to ‘criminal justice’. For a fun sake, it can also be understood as criminal’s justice. However, this view cannot be completely disregarded. The adversarial criminal justice system has always given primacy to the rights of the accused especially in a criminal trial which has led to some serious damage to the justice as whole. A crime involves multiple stakeholders including the accused and the victim. Similarly, a criminal process involves numerous steps, of which the most important one finding the answers to the five classical questions involved in a crime; who, why, where, when and how. Advancement in science and technology has played a significant role in uncovering these complex questions pertaining to a crime scientifically with maximum precision.
A robust law governing criminal procedure is fundamental in channeling an effective criminal investigation. The Criminal Procedure Code, 1973 has been a guiding source for effective investigation for the past five decades. The code, through several amendments have catered the need of the modern times in adapting to scientific investigation and conclude a case with strong forensic evidences. Indian courts, unlike other jurisdictional courts was reluctant to go by the forensic evidences from the very beginning of use of forensic tools in investigation. However, over, the years a passive deviation from the earlier rigid view can be observed. This paper tries to establish that Indian judiciary is passively turning in favour of forensic based evidences. Nevertheless, it is high time to deduce what actually caused such a re- think. For that purpose, the authors will examine landmark judgments relating to homicides and sexual offences, over the last five decades. Further, the paper will also discuss the pros and cons relating to the appreciation of the forensic evidences
by the Indian courts