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MULTIDISCIPLINARY

APPROACH FOR
INCREASING CONVICTION
RATE

Dr. Niraj
Dingre
Professor, Forensic
Medicine,
S.K.N.M.C.,
Pune.
Intended Audience:

1. Doctors
2. Lawyers
3. Police officers
4. Forensic Scientists
Statement of Purpose:

To discuss reasons behind


the low conviction rate and
formulate suggestions
related with the
stakeholders present today.
Multidisciplinary:
mltdsplnri/

combining or involving
several academic disciplines
or professional
specializations in an
approach to a topic or
problem.
Multidisciplinary vs
Interdisciplinary vs
Transdisciplinary:

Additive: Interactive :
Holistic
Conviction Rate:
Definition-

The conviction rate means


the ratio of cases convicted
to the total cases tried by
court in a given year.
Conviction Rate:
Status in India-
NCRB Statistics for Year 2015-
Sr. Crime Heads Convicti
No on Rate
.
1 Murder 39.5
2 Attempt to Commit Murder 26.9
3 Culpable Homicide not Amounting 39.6
to Murder
4 Attempt to Commit Culpable 25.2
Homicide
5 Rape 29.4
Conviction Rate:
Global Scenario-

USA- Ranges from 65% to


80%
UK 74%
Japan 99%
China 99% - 100%
Russia 90%
Whether low conviction
rate is a problem?
Strength of punishment
lies in certainty and not
its severity.
What should be the
goal?

Is there normal conviction


rate?
Recent measures taken
by Government to
increase conviction rate:

Accountability of
prosecution &investigation
increased.
Whether these measures
address the basic
problem?
Reasons behind Low
conviction rate in India:
The problems can be
divided in four
categories:

A) Investigation
B) Prosecution
C) Trial
D) Legal & Systemic
problems
A] Investigation Related:

1. Insufficiency of evidence
due to
poor investigation
Crime scene
investigation:
A] Investigation Related:

2. Inexperience &
inadequate
qualification of
investigating
officers
A] Investigation Related:

3. Non-separation of
investigative
staf
A] Investigation Related:

4. Lack of qualified
personnel,
logistics & financial
resources
A] Investigation Related:

5. Lack of cooperation &


coordination with
prosecutors
B] Prosecution related:

1. No screening

Prima facie vs Beyond


reasonable doubt
B] Prosecution related:

2. Lack of cooperation
between prosecution &
investigative agencies
B] Prosecution related:

3. Reluctance of witnesses
to testify
B] Prosecution related:

4. Difficulties in obtaining
and
adducing forensic
evidence
Forensic Evidence:

What is significance of
medical evidence?
Is it Science & Law
or
Science vs Law ?
C] Trial related:

1. Inadequate court
structures
C] Trial related:

2. Lack of resources
C] Trial related:

3. Numerous adjournments
D] Legal & Systemic
factors:

1. Exclusion of evidence
D] Legal & Systemic
factors:

2. Lack of coordination
between
stakeholders
D] Legal & Systemic
factors:

3. Rigidity of system
What can be the
solutions to these
problems?
1. Whether complete
overhaul of
system is necessary or
minor
tweaking is sufficient?
In India, criminal justice
system is not a system in
its structural
framework.
Can we afford new
system?

Do we afford current
system?
2. Crime scene and other
forensic
investigations

- Should be carried out by trained


personnel.

Advantages:
1. Increased quality
2. Decreased burden on I.O.
3. Increased objectivity
3. Separation of
investigative staf
4. Interaction between
diferent
disciplines

What law requires and what


science can provide?
5. Support to the witnesses
6. Standardization and
uniformity
7. Accreditation of facilities
8. Feedback

SAKiTA Sexual Assault Kit


Tracking application
9. Pilot projects and
research
10. Training
11. Professional approach
12. Dedicated disciplines
13. Coordination, not
interference

Efective standing back.


THANK YOU