Journal of Indian Academy of Forensic Medicine
  • Year: 2004
  • Volume: 26
  • Issue: 3

Utility of Daubert guidelines in India

  • Author:
  • M.P. Kantak, M.S. Ghodkirekar, S.G. Perni
  • Total Page Count: 3
  • Page Number: 110 to 112

Department of Forensic Medicine and Toxicology, Goa Medical College and Hospital, Bambolim-Goa

Abstract

This paper deliberates on the legal admissibility criteria and competence of scientific evidence and expert opinion in the courts of America and its use in Indian law. A review of important events in American law in this regard, especially the Daubert Guidelines is presented. This is followed by a review of the applicable section of the Indian Evidence Act. Finally, it concludes that although there is usually no problem in admissibility of scientific evidence in Indian Courts, in case of doubt, the Daubert Guidelines can be followed. But quality control and standards for scientific evidence have to be set, to avoid discrepancies in the Court of Law.

Keywords

Legal admissibility, scientific evidence, expert opinion, American Law, Daubert Guidelines, Indian Evidence Act, standards