A Study of Forensic Document Examination and Its Evidentiary Value in the Indian Criminal Justice System

Questioned document examination (QDE) is a critical pillar of forensic science that bridges the gap between physical evidence and judicial admissibility. This paper provides a comprehensive examination of QDE and its application in criminal cases. It classifies forgeries and details how forgery can be detected in signatures and handwriting. To detect deceptions, the paper discusses tools like ESDA for indented writing, Video Spectral Comparison (VSC) for ink differentiation, stereomicroscopes for visual analysis, and HPLC, TLC, and FTIR for ink and paper analysis. The paper briefly discusses the restoration of burnt paper and the detection of erasure, obliteration, and the determination of a document’s age. The paper also evaluates the evidentiary value of expert reports under Sections 45 and 47 of the Indian Evidence Act and corresponding Sections 39 and 41 of Bhartiya Sakshya Adhiniyam. Through judicial analysis of cases, it explores when expert opinion will be relevant and whether a conviction can happen solely on expert opinion. The paper also explores the nuances of the court’s power to direct the accused to give a specimen for comparison, its legality and whether the accused can be compelled to give such samples. The paper further explores how inconclusive opinions carry no substantive weight and, if expert opinion conflicts with direct evidence, how direct evidence shall prevail.