Firearms Evidence: From Crime Scene to Courtroom

What is a Firearm?

Section 2(e) “firearms” means arms of any description designed or adapted to discharge a projectile or projectiles of any kind by the action of any explosive or other forms of energy, and includes—
(i) artillery, hand-grenades, riot-pistols or weapons of any kind designed or adapted for the discharge of any noxious liquid, gas or other such thing,
(ii) accessories for any such firearm designed or adapted to diminish the noise or flash caused by the firing thereof,
(iii) parts of, and machinery for manufacturing, firearms, and
(iv) carriages, platforms and appliances for mounting, transporting and serving artillery;

Forensic Ballistics in India’s New Criminal Law

Role of Firearms Examination in Criminal Investigation

Firearms examination, commonly known as forensic ballistics, plays a crucial role in criminal investigations by helping investigators establish how a shooting occurred and whether a particular weapon was involved.

Forensic ballistics assists investigators in reconstructing shooting incidents by:

Confirming a shooting occurred through the examination of bullets, pellets, cartridge cases, and other firearm-related evidence.
Identifying the firearm by matching bullets or cartridge cases to a specific weapon using unique microscopic marks produced during firing.
Estimating firing range through the analysis of gunshot effects such as blackening, scorching, tattooing, and gunshot residue patterns.
Reconstructing the scene by studying bullet trajectories, entry and exit defects, and impact marks to determine the positions of the shooter and victim.
Detecting gunshot residue (GSR) on a suspect’s hands, clothing, or nearby objects, indicating possible recent discharge or handling of a firearm.

Evidentiary Value of Firearms Examination

Expert Opinion under Bharatiya Sakshya Adhiniyam, 2023

Under Section 39 of the Bharatiya Sakshya Adhiniyam, 2023, the opinion of a firearms or ballistics expert is a relevant fact before the court. However, expert opinion is generally corroborative evidence and is ordinarily evaluated along with other direct or circumstantial evidence.

Discovery of Firearms and Admissibility

Under Section 23 (2) of the Bharatiya Sakshya Adhiniyam, 2023, when a person in police custody provides information that leads to the discovery of a concealed firearm, the portion of the statement directly relating to that discovery becomes relevant and admissible.

If forensic examination subsequently establishes that the recovered firearm fired the bullet recovered from the victim, the discovery and ballistic findings together provide strong corroborative evidence linking the accused to the offence. However, such evidence is ordinarily evaluated along with other direct and circumstantial evidence by the court.

Conclusion

From the recovery of a firearm at a crime scene to the presentation of expert findings in court, firearms examination serves as a critical link between scientific investigation and the administration of justice. Through firearm identification, range determination, trajectory analysis, and gunshot residue examination, forensic ballistics helps investigators reconstruct events and provides valuable scientific evidence for judicial proceedings.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023