In Cases of Rape: Evidentiary Value of Medical and Forensic Evidence

Abstract

In India, reforms related to sexual harassment cases have focused on medical examination. However, digital evidence and crime scene analysis have received little to no attention. The use of digital evidence, such as audio recordings and emails, can be crucial in corroborating sexual violence cases. DNA testing has become an important tool in rape cases, but there is a lack of specific legislation to guide its use. Several court cases have highlighted the importance and reliability of DNA evidence in establishing guilt or innocence. Some legal provisions and amendments have been made to the Indian Evidence Act to address issues related to consent in sexual assault cases and to accommodate witnesses who cannot speak verbally. To ensure justice for the victims and consistency in investigations, the method for addressing rape complaints needs to be improved overall.