Critical Analysis Of The Use Of Medical And Forensic Evidence In The Rape And Sexual Assault Cases

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Akanshi, BA LL.B. (H), Symbiosis Law School, Pune

ABSTRACT

Rape is one of the most grievous crimes in India, not only violating individual dignity but also undermining societal values. Despite legal advancements, such as Section 375 of the IPC (now Section 63 of the BNS) and the POCSO Act, the conviction rate for rape cases remains alarmingly low at 17.9%, as per the NCRB’s 2023 report. One of the primary reasons for this is the inadequacy of forensic and medical evidence collection, compounded by systemic inefficiencies and infrastructural gaps. Locard’s Principle of Exchange highlights the importance of forensic evidence, yet in India, nearly 12,000 DNA samples related to sexual offenses remain unprocessed due to a lack of resources. This paper underscores the significance of forensic and medical evidence in securing convictions in rape cases and evaluates the shortcomings of India’s current investigative framework. It proposes the establishment of a centralized forensic agency under the central government, solely dedicated to handling rape investigations, reducing local interference, and improving efficiency. Additionally, the paper explores global best practices in forensic examination and recommends reforms to strengthen the Indian criminal justice system’s approach to sexual offense cases.

Keywords: Rape laws, forensic evidence, medical examination, conviction rate, sexual offenses.

CRITICAL ANALYSIS OF THE USE OF MEDICAL AND FORENSIC EVIDENCE IN THE RAPE AND SEXUAL ASSAU.

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