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PEER-REVIEWED • OPEN ACCESS • ESTABLISHED 2014

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The Indian Journal of Contemporary Legal and Social Issues publishes rigorous, accessible scholarship at the intersection of law, society, technology, and governance.

Criminal Law
Forensic Odontology in Criminal Investigations: S...
M. Kiruthika
Criminal Law8 min
Public Health/Health Law
Evergreening Practices: An Abuse of the Patent Sy...
Dr. Imran Ahad
Public Health/Health Law8 min
Constitutional Law
When Courts Enter Parliament: Judicial Review of ...
Safna Nivas
Constitutional Law8 min
Environmental Law
The Constitutional Paradox of Nuclear Energy: Art...
Varshitha R
Environmental Law8 min
Constitutional Law
Ashita Dubey v. State of Madhya Pradesh (W.P. No....
Dr. Mukesh Kumar Malviya
Constitutional Law8 min
Cyber Law/Data Privacy
Shaping Artificial Intelligence From Innovation T...
Ms. Poulomi Banerjee
Cyber Law/Data Privacy8 min
Corporate Law
Mergers and Acquisitions in India and Their Impac...
Bhargav Ganti
Corporate Law8 min
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Digital Due Process and the Right to Explanation

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Submitted Jan 9, 2025Updated 2 days ago

Land Rights in the Era of Carbon Markets

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Judicial Review of Automated Welfare Systems

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Criminal Law

Forensic Odontology in Criminal Investigations: Scientific Reliability, Evidentiary Value and Legal Challenges in India

Forensic odontology, the application of dental science to forensic investigations, plays an important role in human identification, age estimation, examination of bite marks, and identification of deceased persons in criminal investigations and mass disasters. Dental structures and records may provide valuable evidence when conventional identification methods are unavailable or inadequate. However, the scientific reliability of different odontological techniques, particularly bite mark analysis, has raised concerns about subjectivity, methodological limitations, and the possibility of erroneous conclusions. This research examines the evidentiary value of forensic odontology within the Indian criminal justice system, with particular reference to the admissibility and evaluation of expert opinions under Section 39 of the Bharatiya Sakshya Adhiniyam, 2023. It further analyzes the legal and procedural challenges associated with the collection, preservation and interpretation of dental evidence, including the competence of forensic experts, maintaining the chain of possession, lack of uniform operational standards and protection of the rights of the accused and victims. The study adopts a doctrinal and analytical approach by examining relevant statutory provisions, judicial decisions, scientific literature and comparative legal developments. It distinguishes the established utility of dental records in identification from the contested reliability of individual techniques, especially the attribution of bite marks to a specific person. The research argues that the evidentiary weight of forensic odontology should depend on the scientific validity of the method employed, the qualifications of the expert, the quality of the available evidence and independent corroboration, rather than the mere assertion of scientific expertise. It recommends standardised protocols, specialised training, transparent expert reporting and rigorous judicial scrutiny to promote the fair and responsible use of forensic dental evidence.

M. Kiruthika
8 min 5
Public Health/Health Law

Evergreening Practices: An Abuse of the Patent System

A patent is a grant or a right to exclude others from making, using or selling one’s invention and includes right to license others to make, use or sell it. It is an official document conferring a right or a privilege, letters patent writing securing to an inventor for a term of years the exclusive right to make use and sell his invention, the monopoly or right granted. After the expiration of the stipulated term or duration, the right comes in public domain, the technology or the product becomes easily accessible to any other person and the patentee becomes ordinarily barred to earn any more profit from his own creation. However, the life of the patented process or product is dubiously extended by a general practice of evergreening. It is in a way doing something which may be legitimized by innovation, modification, or manipulation of a patented product or process by the patentee but much to the detriment of the public at large. This paper is an attempt to evaluate the scenario in the light of balancing between the legitimate interest of the patent holders and the people in need of health care. The paper argues that Indian law is better placed in terms of preventing evergreening practices by pharmaceutical companies but needs to follow the best practices in some developed countries to get the desired result and achieve the global target of universal access to affordable essential drugs for public health.

Dr. Imran Ahad
8 min 9

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