Reassessing Criminal Liability through Forensic Psychology: An Analysis of Evidentiary and Ethical Constraints in Criminal Justice Administration

Authors

  • Saleem Ahamad Research Scholar, Faculty of Law, Jamia Millia Islamia (A Central University), New Delhi
  • Nuzhat Khan Professor, Faculty of Law, Jamia Millia Islamia (A Central University), New Delhi

Keywords:

Forensic Psychology, Criminal Responsibility, Ethical Challenges, Admissibility, Evidentiary Value

Abstract

Forensic psychology is perhaps the most vital branch of contemporary scientific fields impacting the criminal justice process. Forensic psychology helps establish an offender's state of mind and therefore how much responsibility they had for the crime committed. The proliferation of mental health issues due to the rapid advances in technology reinforces the requirement for forensic psychology to be used to assist in establishing an individual's guilt. Nevertheless, although many forensic psychologists provide valuable service to the courts and other stakeholders, there is still uncertainty about whether forensic psychology will continue to be used as admissible evidence. Ethical concerns also exist as to how forensic psychologists conduct assessments and what types of tests and tools should be relied on in forensic psychology.

The objective of the present research is to investigate the use of forensic psychology as a tool for administering justice in the Indian criminal justice system. Moreover, it will examine the current forensic techniques that go beyond the traditional psychological assessment, including brain mapping, polygraph, and Narco-analysis.. This study also aims to investigate the ethical implications by focusing on human rights, which involves checking if the evidence obtained through forensic psychology meets the standards set by the Constitution of India.

Published

2026-07-02