Forensic Questioned Documents in Criminal Justice: Scientific Tools, Courtroom Admissibility, and Challenges

Abstract

Forensic document examination is a highly specialized branch of forensic science that focuses on determining the authenticity of disputed documents. Practitioners use a variety of scientific techniques to detect forgery, alterations, and other forms of document tampering, including ultraviolet (UV) and infrared (IR) imaging, electrostatic detection (ESDA), and high-resolution microscopy. Despite its evidentiary value, this discipline has received limited recognition in Pakistan's legal system. The study aimed to assess the role of forensic questioned documents in criminal investigation and its evidentiary limitations in the justice system of Khyber Pakhtunkhwa, Pakistan. The researcher conducted qualitative research by interviewing five forensic document examiners who work at the Peshawar Forensic Science Laboratory; along with fifteen public prosecutors, and five defense counsels. Since there are a limited number of forensic document examiners in the provincial laboratory, a census sample was used, while purposive sampling was employed for public prosecutors and defense counsels who had been involved in experiences with documents related cases. Thematic analysis of interview transcripts identified key themes, including chain of custody, process of forensic analysis, judicial perception, limited weightage of forensic reports, forensic capacity gaps. Findings revealed that the most frequent disputed documents received by the lab, were stamp papers, cheques, academic degrees, Nikah Namas (marriage certificates), burnt documents, mutation records, and even writings on walls, leaves, and human skin. Tasks such as ink differentiation, indented writing detection, and signature verification are currently performed using VSC 6000/HS and ESDA-2 apparatus however, they require more advanced instruments such as VSC 9000/HS and high-resolution microscopes for optimal results. Courts treat forensic reports as corroborative rather than primary evidence. Major challenges include delays in reports, poor stakeholder coordination, and limited qualifications and training of experts. The findings suggested that the role of forensic analysts need to be enhanced by providing them advance training. Further, policy reforms and mechanism of collaborative relationships between the relevant stakeholders for the pursuance of criminal investigation need to be developed for effective justice system administration