National Journal of Criminal Law

Scientific Investigation in Criminal Justice System in India: Issue and Challenges

2025-08-27T06:09:50+00:00

There are numerous issues and challenges occurs while dealing with scientific investigation in C.J.S., especially in a developing country like India, Where the shortage of forensic laboratories i.e. Infrastructural Issues are very common. Other issue that of technical nature is that the assistants, staffs at laboratories have been poorly trained i.e. not has properly trained. The training personals are very low in numbers as per the requirement of the country cases. The trannies staffs persons & other staffs,
assistants have lack of knowledge in know how to use the Scientific Forensic Technology & even how to handle or how to take care of the chain of custody of forensic Evidence like hair, Skin, blood samples, thumb impressions, foot prints etc. Plus the costs of these kinds of evidences are very costly. Common people or laymen think of those forensic sciences research or DNA analysis as the show like CID's, CSI, CBI etc., which portrays DNA samples brought into a laboratories and then quickly analyzed, a forensic expert announce the findings of the case or by pulling up a picture of a suspect within few hours.

From Privacy Breach to ‘Virtual Rape’: Analyzing Revenge Porn as an Emerging Contour of Cybercrime against Women under the Indian Legal Framework

2026-01-27T12:11:38+00:00

Revenge pornography, often abbreviated as non-consensual intimate image (NCII) distribution, is a destructive evolution of cybercrime, with breaches of privacy rising to extreme degrees as a psychological crime akin to virtual rape. In India, it disproportionately befalls women with digital platforms being harnessed to promote gender-based violence through illicit circulation of intimate images or videos, post a relational discord. Indian legal framework, comprising of Bharatiya Nyaya Sanhita (BNS) 2023, Indian Information Technology (IT) Act 2000 and trigger laws in between, lacks a one-stop statute addressing the problems of obscenity, violation of the right to privacy and sexual harassment thereby revealing the systemic defects. The term virtual rape summarises the nature of this issue: victims face multiple digital attacks, including experiencing digital rejection, being at risk of losing a job, and even attempted suicides, as supported by a Cyber Peace Foundation report showing a 148 per cent increase in cases from 91 in 2019 to 227 in 2020. This framing breaks down traditional paradigms of rape in terms of BNS
Section 63 which places a special emphasis on physical penetration but there is an ever increasing judicial tendency to draw parallels to the dignity eroding consequences of NCII offenses in breach of bodily integrity. Feminist jurisprudence, borrowing from international precedents, for example, the United Kingdom's Online Safety Act 2023, calls for the recognition
of NCII as a sexual offence separate from autonomous rights of women to their digital autonomy.

Application of Forensic Science in Criminal Investigations: Legal Framework

2025-08-27T06:23:39+00:00

Forensic science implies use of tools, technology and methods in collecting evidences from crime scene and for the purpose of satisfying essential queries during the course of investigation. Experts having technical and professional knowledge from various academic backgrounds place an essential role in the methodology adopted in forensic science. Biology helps to establish connection between criminal and crime scene with the aid of blood stains, DNA found on crime scene. In the same way chemistry is used to find out the composition of evidence, collected from crime scene. Forensic science is a Latin term “Forensic" which indicates meeting place or forum. Where in early Rome, persons collectively sit and discuss the judicial proceedings and debates. So, the origin and definition of Forensic Science indicated the direct near association/relation with the legal system. It is that branch of science which deals with all other branches of science in process to solve the problem of law and Justice in C.J.S.

Cybercrime and Forensic Psychology: An Intersectional Analysis

2026-02-07T06:55:00+00:00

This research paper explores the convergent relationship between cybercrime and forensic psychology, exploring how psychological theory and studies can be applied in understanding, searching and preventing online crimes. Cybercrime, including hacking, phishing, and identity theft, is faced with unique challenges due to its anonymous and cross-border nature. Forensic psychology plays a role in the profiling of the offenders, the measurement of the motivations and the determination of the psychological effects on the victims. To explain the paper using current empirical studies, the paper talks about traits of offenders such as sensation seeking and anti-social acts, response by victims such as post-traumatic stress disorder and shattered core assumptions and case studies, e.g. the Silk Road marketplace. The problems comprise the aspect of anonymity in the digital space and the psychological burden associated with investigators. Further studies involve the focus on artificial-intelligence-based profiling and interdisciplinary methodological synthesis. The discussion reports the importance of a comprehensive psychological framework in cyber investigations, which would enhance the prevention and justice outcomes.

An Appraisal of Criminal Jurisdiction for Crimes Committed in Space by a Private Space-Faring Company

2025-09-24T05:32:51+00:00

The increasing involvement of private entities in space exploration and utilization, evidenced by private launch services, extensive satellite networks, and emerging space tourism, has significantly altered space law, particularly concerning criminal jurisdiction. Established legal frameworks, based on territorial sovereignty, encounter new difficulties when private companies operate across various jurisdictions, utilize third states for launch services to reduce costs, or manage crewed vehicles beyond Earth's atmosphere. This analysis critically examines the current international legal framework for allocating criminal jurisdiction in space, identifies the complexities introduced by private space actors, and advocates for the development of a specific legal framework (lex specialis) and an institutional mechanism to address criminal offenses involving private space enterprises. (March, 1988). The
prevailing legal framework, particularly Article VIII of the 1967 Outer Space Treaty, bases jurisdiction on two principal determinants: the registry state of a space object and the nationality of individuals on board Reinert,. This dual jurisdictional basis is further clarified for collaborative operations aboard the International Space Station through the 1998 Intergovernmental Agreement. This agreement stipulates that each partner State may exercise criminal jurisdiction over its own nationals on any flight element and permits the victim's State to assume jurisdiction if no agreement is reached within three months. Furthermore, under Article VI of the Outer Space Treaty, States retain the obligation to authorize and supervise the activities of non-governmental entities, and they are held liable under the Liability Convention for damages caused by the space objects they launch or procure.(Gupta & Kd, 2019). However, significant jurisdictional ambiguities arise with the entry of private entities into space activities. The territorial scope of jurisdiction becomes unclear when a spacecraft is registered in one nation, launched from another, carries passengers of multiple nationalities, and is operated by a private firm, potentially leading to forum shopping and regulatory arbitrage. Moreover, the definition of "personnel" within the Outer Space Treaty remains undefined, creating uncertainty regarding the prosecution of offenses committed by private space tourists aboard spacecraft registered in foreign
states.Furthermore, investigation logistics—such as preserving telemetry, securing evidence, and conducting remote forensic procedures—lack standardized international protocols, raising enforcement challenges (White, 2021). This analysis employs a three-pronged approach to examine criminal jurisdiction in space, focusing on crimes occurring on multinational orbital platforms, offenses during independent private missions or space tourism, and extraterritorial assertions of jurisdiction by states. The 2019 incident involving Anne McClain aboard the ISS, where both the accused and alleged victim were U.S. nationals, facilitating straightforward U.S. jurisdiction, highlighted the escalating complexity of jurisdictional clarity when an individual's nationality does not align with the registration of the space object.(Moenter, 1999). To address these shortcomings, the article advocates for the
negotiation of a dedicated Space Criminal Jurisdiction Convention. This convention should establish a hierarchical jurisdictional framework, define core space-specific criminal offenses along with evidentiary standards, impose cooperation obligations on private operators as a condition for licensing, and institute international investigative standards and mechanisms analogous to those used in aviation safety. Furthermore, complementary national licensing regimes should incorporate provisions for criminal compliance, extraterritorial jurisdiction, and mutual legal assistance. In summary, as private entities increasingly conduct operations in orbit and beyond, the absence of a specialized legal framework for criminal adjudication presents substantial legal, security, and commercial risks. The development of a specific legal instrument (lex specialis), alongside harmonized national legislation and enhanced institutional capabilities, is therefore crucial for ensuring safety, accountability, and fostering investor confidence in future space endeavours (Casey, 2022; Reinert, 2020).