Evidentiary Value of a Ballistic Report in a Criminal Trial: Lawyers Advice

Under the Indian Evidence Act, expert opinion can aid a judge in order to form an opinion on foreign law, science, art or even to identify handwriting during a case. A ballistic expert is someone who is an expert in the study of projectiles. Their help is taken in cases where guns/firearms are involved. This article examines the evidentiary value of such a report in criminal trials along with highlighting relevant judicial pronouncements as well.

Ballistic experts work closely with police officers, members of the legal profession and the judiciary as well. The general fact behind ballistics is that, “No missiles discharged from the same or different firearms bear the same trace marks”. Hence, such experts are able to adduce the range of fire, approximate time the firearm was discharged, and other factors of a similar nature. All in all, a ballistic expert has two main functions which are as follows:–

1. The scientific function of collecting, testing and evaluating evidence, and thereby forming an opinion on the same.
2. The forensic function of communicating this opinion to the Court so as to help the Judges reach a logical conclusion.

The evidentiary value of a Ballistic Report is governed under the following Statute and Section-
• The Indian Evidence Act, 1872– Section 45 of this Act deals with the aspect of “expert opinion”. Such evidence given by an expert is an exception to the general rule of evidence, as they are considered as witnesses even though are not related to the case. A person can become an expert by practice, observation or experience.
• In India, the Arms Act, 1878 deals with manufacture, sale, possession of firearms and lays down a procedure to be followed in order to attain a license for the same.

In Ramesh Chandra Agrawal v. Regency Hospital Ltd. & Ors. (2009 INSC 1569), the Court held that the first and foremost requirement with respect to the admissibility of expert evidence is the necessity to hear such evidence. The real test is that the matter is outside the knowledge and experience of a layman.

While looking at the admissibility of ballistic expert opinion the Courts in India have pronounced various judgements, some of which are as follows –
• In Mohinder Singh v. The State (AIR 1953 SC 415), the Court was of the opinion that in cases where firearms were used in the perpetration of a crime, the prosecution ‘must’ bring expert evidence to connect the injuries with the weapon and its alleged manner of use.
• In Rchhpal Singh v. State of Punjab (AIR 2002 SC 2710) the Court held that in cases where injuries are caused by fire arms, the opinion of ballistic experts play a lot of importance. Failure to produce the expert opinion before the trial court also the credit worthiness as well.
• In the case of Ajay Singh v. State of Bihar (AIR 2000 SC 3538), the Court cleared the notion that ballistic expert opinion is mandatory. The Court stated that in cases where direct evidence is unimpeachable, expert opinion is not essential. However, in cases where this is an inconsistency, direct evidence is not available or even to collaborate oral evidence, such expert opinion can be used.

To conclude, the exception to the general rule of evidence by including expert evidence has played a huge role in the effective administration of justice in India. The opinions of ballistic experts have helped prove the guilt of the accused in various cases as well. In India, the presence of guns obtained illegally and their misuse is common even today. The Indian legislature needs to adopt stringent laws on the basis of ballistics in order to strengthen criminal investigations and reduce the gun crime rate.
Authored By: Adv. Anant Sharma & Madhulika Iyer