UNIT 1

Forensic science may be defined as a science applied to matters of law.

Forensic science is science used for the purpose of the law and thus any branch
of science used in the resolution of legal disputes is forensic science. In the
broadest sense, forensic science is any science used in the resolution of legal
conflicts.

The word forensic is rooted in Latin word forensis. The dictionary meaning of
word the forensic is relating to court or law or relating to court of law. But in
legal terminology it may mean the science which deals with the principles and
practice of different branches of science which elucidates doubtful questions in
court of justice. It is a science composing of those matters which may be
considered as common ground to both the scientists and the legal
practitioners.
Forensic science is a discipline that functions within the parameters of the legal
system and may have a remarkable contribution in supporting justice in crime
investigation and other serious violations. Its purpose is to provide guidance to
those conducting criminal investigations through the recognition and retrieval
of evidence at crime scenes and accurate information on which they can rely
on the resolution of criminal and civil disputes. Crime includes murder, rape,
accident-related incidents, undisclosed persons, displaced persons, fraud-
related cases, and forgery.
In India, statements and witnesses are used as a source of evidence, and those
who are found guilty are then prosecuted. Forensic science services could,
therefore, be the most important crime-fighting instrument for law
enforcement.
HISTORY AND DEVELOPMENT OF FORENSIC SCIENCE
The application of science and technology to the detection and investigation of
crime and administration of justice is not new to India. Although our ancestors
did not know forensic science in its present form, scientific methods in one way
or the other seem to have been followed in the investigation of crime. Its
detailed reference is found in Kautilya's Arthashastra, which was written about
2300 years ago. Indians studied various patterns of the papillary lines,
thousands of years ago.
It is presumed that they knew about the persistency and individuality of
fingerprints, which they used as signatures. Even Mr. KM Kata, a frequent
contributor to Nature, stated that the Chinese records proved the use of
fingerprints in an ancient kingdom of southern India.

The Indians knew for long that the handprints, known as the Tarija, were
inimitable (unique). The use of fingerprints as signatures by illiterate people in
India, introduced centuries ago, was considered by some people as ceremonial
only, till it was scientifically proved that identification from fingerprints was
Perfect.

 Chemical Examiner's Laboratories

During the nineteenth century, when the cases of death due to poisoning
posed a problem to the law enforcement agencies, a need was felt for isolating,
detecting and estimating various poisons absorbed in the human system. The
first Chemical Examiner's Laboratory was, therefore, set up for this purpose at
the then Madras Presidency, under the Department of Health, during 1849.

Later, similar laboratories were set up at Calcutta (1853), followed by one each
at Agra (1864) and Bombay (1870). These laboratories were equipped to
handle toxicological analysis of internal organs, biological analysis of stains of
blood, semen, etc. and chemical analysis of food, drugs, and various excisable
materials to provide scientific support to the criminal justice.
 Anthropometric Bureau
While some progress was made in the identification of poisons, the
identification of people, specifically criminals, was still being done in a rather
haphazard manner. Policemen would try to memorize convict's face so that
they could recognize him if he got involved in another crime later. With the
introduction of Photography, the Criminal Investigation Department (CID)
maintained records of every known criminal including a detailed description of
his appearance.

With the invention of Bertillon's anthropometric system in 1878, India, along

with the other countries of the world, adapted Bertillon's system of personnel
identification and thus an Anthropometric Bureau, for maintaining
anthropornetric records of criminals, was established in 1892 at Calcutta.

 Finger Print Bureau

William Herschel, the Collector of the District of Hooghly (Bengal) found that
markings on the fingertips of a person never changed during his lifetime.
Herschel applied his knowledge and skill in devising a system of registration of
finger or thumb impressions of native contractors to safeguard the interests of
the Government against the refutation of contracts by them. Thereafter, he
extended his registration procedure to prison regulations for identifying
convicted criminals.

In 1877, Herschel sought the consent of his superior officers in putting his ideas
into practice, but did not succeed. In 1891, Edward Richard Henry's
appointment, the Inspector General of Police in Bengal, introduced the thumb
impressions in the record slips, containing anthropometric data, to avoid wrong
identification. Long before 1897, he introduced maintenance of duplicate
criminal records with impressions of 10 fingers separately.

 Department of explosives
When the use of explosives for subversive activities became common, it was
found necessary to detect the causes of explosion, either accidental or
intentional. The foundation of the Department of Explosives was laid when the
first chief inspector of explosives was appointed in the year 1898, with his
headquarters at Nagpur. Later, five regional offices at Calcutta, Bombay, Agra,
Madras and Gwalior, and three sub-offices were opened.
They developed competence to provide scientific clues in respect of explosives
as well as the possible causes of explosions. Their expertise came handy in
police investigations in the crimes related to explosions and for evolving
various provisions under the Explosives & Petroleum Act.

 Government examiner of questioned document, Shimla

The British Government of Bengal felt the necessity of identifying the
handwritings on the secret documents connected with the Indian
independence movement and, therefore, created the post of Government
Handwriting Expert of Bengal. Mr. CR Hardless, was appointed to this post in
1904.

This set-up was shifted to Shimla in the year 1906 and was placed under the
control of the Director, CID. A post of Handwriting Expert for the Government
of India was created and Mr. CR Hardless was appointed to this post. He was
replaced by Mr. F Brewester, a police officer from the West Bengal CID, and was
designated as the Government Examiner of Questioned Documents (GEQD). At
first, the work of this office was mainly confined to the identification of writings
on secret documents. Later, as the application of this branch of science was felt
in many other cases, the services of this office were thrown open to criminal as
well as civil court cases. During the World War II, this organization took up the
additional work of secret censorship, including the detection of invisible
writings and training of military personnel in this field of science.
 Footprint section of criminal investigation department
During the year 1915, a Footprint Section was established under the CID,
Government of Bengal, which helped the police authorities to identify
criminals through the examination of footprints collected from the scene
of crime.

 Ballistics Laboratory
In 1930, an Arms Expert was appointed and a small ballistic laboratory was set
up under the Calcutta Police to deal with the examination of firearms. As the
threat of firearms grew, other State CIDs also established small ballistics
laboratories to help them in the criminal investigation.

 State Forensic Science laboratory, Calcutta

The first state forensic science laboratory in India was established in the
year 1952 at Calcutta. This laboratory became fully operational in the
year 1953. The Medico-legal Section of the Chemical Examiner's
Laboratory was also transferred to this laboratory. During the year 1955,
a small unit of Physics was established in the West Bengal State Forensic
Science Laboratory to deal with various physical examinations of exhibits
encountered in crime investigation. During the year 1957, the Physics
unit developed into a full-fledged Physics Section.

 Central finger print Bureau

On the recommendations of the Royal Police Commission of 1902-03, the first
Central Finger Print Bureau (CFPB) in India was established in 1905 at Shimla.
The CFPB started functioning from 1955 in Delhi under the administrative
control of Intelligence Bureau (IB). The major role envisaged for CFPB was to
coordinate the activities of State in tracing/locating inter-state criminals.
 Indian Academy of Forensic Science
The Indian Academy of Forensic Sciences (IAFS) was established in the year
1960. This academy started a biennial scientific journal, which served as a
forum for the exchange of ideas in forensic science with the other international
bodies. The role of the Academy was also to hold annual scientific
meetings/seminars or assist in holding seminars in forensic science. In fact, it
was at the instance of this Academy that the Government of India established
the Neutron Activation Analysis Unit to cater for the forensic needs in the
country.

 Institute of Criminology & Forensic Science at New Delhi

After a series of debates at the Government level, it was decided that
initially the Institute of Criminology and Forensic Science should be
established only for training the in-service personnel and for conducting
research in the field of forensic science. It was felt that unless the State
governments and the consumer organizations agreed to participate in
the scheme, it would not be wise to start courses for granting
postgraduate degrees.

However, the ultimate objective of the Institute was to develop into a

full-fledged academic institution affiliated to a university. With the above
aim in view, the Institute of Criminology and Forensic Science (ICFS) was
established in Delhi during 1971 with the limited objectives of imparting
training to the in-service personnel and conducting research in
Criminology and Forensic Science.

It was also envisaged that the Institute should have two distinct faculties
viz. the Faculty of Criminology and the Faculty of Forensic Science and
both should have a number of eminent teachers and researchers with
adequate background and field experience.
ROLE OF FORENSIC SCIENCE IN CRIMINAL AND CIVIL MATTERS
Forensic Science in Criminal Proceedings
Evidence is collected at the scene of the crime during an investigation,
tested in a laboratory, and the results are presented in court. Forensic
science is important in the criminal justice system because it provides
accurate information through the study of physical evidence, as well as
the identification of the perpetrator through personal indicators such as
fingerprints, footprints, blood droplets, or hair. It connects the
perpetrator to the crime by artefacts left at the site and with the victim,
or transported from the scene and with the victim. On the other hand, if
the discovered clues do not connect the accused to the victim or the
location of the crime, the accused's innocence is proven. The judicial
system recognizes the value of forensic evidence in criminal proceedings.
This is due to the fact that when scientific ideas and methodologies are
used, there is minimal opportunity for bias or unfairness. As a result,
DNA profiling and some other forensic evidences are widely accepted in
courts worldwide. Forensic scientists can filter down prospective suspects
by evaluating a criminal's behaviors and features. Based on psychological
evaluations of the objects seized from a criminal there is a contribution
to the building of a thorough social and psychological profile of the
perpetrator.
Forensic Science in Civil Proceedings
Forensic evidence is not only used in criminal investigations and trials.
Forensic investigations and analysis have been shown to be useful in
mediation, arbitration, and civil litigation. Physical evidence is subject to
the same forensic concepts, protocols, and scientific methodologies
whether the case is criminal or not. Handwriting and Ques tioned
Document Examination can be critical in dispute resolution instances
involving fraudulent documentation because it addresses issues such as
whether a controversial document has been manipulated, backdated,
substituted, or whether the signatures on a document were faked. In civil
lawsuits involving traffic accidents or industrial mishaps, where the
claimant is suing the defendant for negligence in order to recover
compensation, the expertise of a forensic scientist who is well-versed
and skilled in niche areas such as road accident reconstruction,
occupational injuries reconstruction, and examination of damaged
materials will be useful in assisting the courts in determining the
culpability of the parties involved in the occurrence. Forensic
investigations, analysis, and modelling tests can be very helpful in
understanding the contributing components and underlying causes of an
occurrence such as a fire, explosion, or vandalism. Forensic discoveries
aid in unravelling the events that most likely occurred, as well as the
behaviors of individuals

Basic Question in Investigation- Cui Bono

Cui bono is a Latin phrase that means "to whose advantage or benefit." This
phrase is used to indicate that the party who is likely responsible for an act is
the person who stands to gain something from it. Cui bono is also used to
indicate that self-interest in an act, event, or policy is a determining factor in its
ultimate value. In both instances, the question of who stands to gain is applied
when the phrase cui bono is used. The phrase is, however, most often used
when determining those likely to be responsible for an unwelcome event. The
phrase cui bono was originally used in criminal investigations and still applies in
determining probable responsibility for a crime. In figuring out who is
responsible for a murder, for example, an investigator may analyze cui bono. By
figuring out who is likely to benefit from the murder, investigators may have a
better chance of finding the most likely suspects.
For example, discover that the murder victim’s spouse had a significant
insurance policy on the victim or that the victim was due to testify against a
gang or organized crime leader. The answer to the question cui bono doesn’t
always lead to the perpetrator of the crime, but it can help investigators start
an investigation in a logical manner. In some cases, analyzing benefit or
advantage may lead to a scapegoat rather than the person truly responsible for
a crime or act. Knowing that another party stands to benefit significantly and is
likely to be blamed, a person may commit a crime with the intent of framing
another person. An individual might also use the phrase cui bono in
determining who stands to benefit from an event. If an event occurred that
was suspicious in nature, an individual may work to determine who benefited
from it.

Discovery of Traces of physical evidences

The examination of physical evidence at the crime scene and
later is done by forensic scientists or experts. They conduct it
according to the rules and regulations prescribed by law
regarding the admissibility of evidence and the procedure to be
followed.

Forensic experts have precise methods of examining,

collecting, and preserving all various kinds of evidence. They
categorize it in several ways, analyze it, and present it as
evidence as required. Forensic evidence can generally be
categorized into:

1. Living physical evidence and

2. Non-living physical evidence.

Here, living physical evidence is anything obtained that might

have been from a living thing like blood, saliva, hair. etc. and
non-living physical evidence is anything that is inorganic in
nature like fingerprint impressions, tire impressions, glass, or
bullet.

Non-living physical evidence can be collected and examined in

various ways. Taking photographs or images of the marks,
copying and reforming the images in plaster, and fingerprint
lifting( the process by which fingerprints from a crime site are
secured) are some methods used to examine physical
evidence.

Examples of physical evidence

1. Paint – Paint chips or residue, when analysed as

evidence can indicate its type or class, as saved in the
databases. Similarities between the paint substance
found in two things can help establish a connection.
2. Glass- Glass particles are found in various cases such as
a hit and run or a murder. Once examined, it may
provide leads regarding the crime.
3. Explosives- Explosives when examined can lead the
investigation to the type of explosive and the source.
Further, the traces of explosives found elsewhere or on
anyone can provide useful clues.
4. Ballistics- Ballistics refer to gunshot residues, firearms,
or ammunition. There are specialised tests used to look
into the details of such weapons used.
5. Dust and dirt- Dust, dirt, sand, or soil can be used to
establish a connection between two different places and
may even help with understanding the time and
weather when the incident took place.
6. Fingerprints- Fingerprint lifting or other methods are
used to obtain the fingerprints and then using the
automated systems for fingerprint identification, it can
identify suspects or accomplices.
7. Impressions- impression evidence includes tire tracks,
shoe prints. etc. can be lifted, cast using a tape, or
photographed and compared with the suspect’s tires or
shoes.
8. Fracture matches- Fracture matches in forensics are
when an object is torn or broken, and its components
can be matched when placed next to each other. This
can show how multiple components were once part of
the same object.
9. Questioned Documents- Documents found at the crime
scene such as ransom notes or other materials can be
analyzed based on watermarks or the handwriting on it
which may help with identifying the suspects.
These are just the most common examples of physical
evidence. The list is not exhaustive and includes many more
such as tool marks, fibers, and trace evidence.

CASE LAWS
Bone in tree case
In this case,human remains were found under a tree. All bones
were found to have been lying there undisturbed. Multiple
physical evidence was obtained from the site- a long bone,
worn-out pants, and a part of rope tied to the tree with one
end in a tree branch. All skeletal remains were gathered and
taken in for examination. On analyzing, it was found that all
the bones found were of the same person; male and that he
was of around 18 to 25 years of age. During the examination of
the torn pants, a mobile phone was found which appeared to
have been destroyed because of the long exposure to natural
elements. However, the sim cards were retrieved and on
searching the databases from the service provider, the person
was identified, and reconstructing the incident was made
possible.

Nirbhaya case
The 2012 Delhi gang rape and death case, where a 22-year-old
female was gang-raped and tortured in a public bus, which
resulted in her death a few days later is another case where
physical evidence was proven to be of utmost importance.
Evidence was collected with care from the site where the
victims were present. There was DNA matching of blood hair
and saliva, matching of dental marks on the victim’s body with
that of two of the accused, cellular data collection and
examination, CCTV footage from multiple places, testimonies
from medical experts, legal personnel, and eyewitnesses and
the dying declaration of the victim herself were all used as
irrefutable evidence to counter the pleas of the accused in
every step.

CRIME SCENE

 The place at which the crime happens. Any place which provides the
physical evidence, which is definitely the heartbeat of crime scene.

 It is the starting point of the investigation from where majority of

information is gathered.
 The scene off occurrence also called crime scene is not limited in terms
of area. It is not restricted and may be extended to more than one
place.

 The area of the crime scene depends upon the nature of the crime
committed.

 No two crime scenes are ever the same.

 Each crime scene encompasses not only thegeographic area but also
person and things.

 The crime scene should be well protected. Protecting the area is

pointless if what is contained within it is not also protected.

 The geographic areaand the material objects within it usually can be

secured easily. More difficult is preserving the people on the crime
scene.

 Yet, the crime scene must be preserved as meticulously as any

otherevidence.

 The crime scene includes all areas throughwhich the participants

moved while entering tocommit the crime, while committing the
crime,and while exiting the crime scene.

Crime Scene Investigation

 Crime scene investigation is basically the meeting point of three

principles – science, logic and law.

 The purpose of crime scene investigation helps to establish the

information of what actually happened at the crime scene, which is
definitely not visualized by us. But the evidences or the remains (such
as any biotic or abiotic factor) encountered at the crime scene, says it
all.

 It helps to link a definite relation among Physical evidences, suspect

and victim.
COMPONENTS OF CRIME SCENE

The crime scene can be divided into many components (mainly compacted
scene of crime such as burglary)

1. LINE OF APPROACH: The path which is used by the offender to commit

crime to come to the scene of crime.For example – A specific road to
come to point A(Crime Scene)
2. POINT OF ENTRY: The point from which offender would have entered
the scene of crime for committing crime. For example – Front Door,
Back door, balcony or may be roof of the house( which is a scene of
crime here )
3. ACTUAL SCENE: The specific point where crime actually happened or
the place where victim was found or we find majority of our physical
evidences. For example – Table in the Dining hall where dead body is
lying, Bed in the bedroom where body is lying.
4. POINT OF EXIT: The point from where the offender must have
escaped/ ran away or made his exit after committing the crime.
5. LINE OF RETREAT: The path (road) followed by the offender to run ‘far’
away from the scene of crime. For example- the path followed by the
offender to reach his house.

All these places/spots are invaluable for collecting evidences and later for
Crime Scene Reconstruction. All these five places when found should be
protected, observed and processed carefully. Footprints should be seen
before raiding these line of entry , exit and retreat.

THE ESTABLISHMENT IF IDENTITY OF INDIVIDUAL-

Tattoos can be of great importance in cases of identifying: (1) Ethnicity;

(2) Nationality; (3) Occupation; (4) Religion; (5) Travel; (6) Language;
(7) Name of the person or relatives/friends/loved ones; (8) Drug-taking
habits or abuse; (9) Medical conditions; (10) Criminal or social gang
affiliation; (11) Sexual orientation; and, (12) Socio-economic
status.19,20 In some criminal cases, when the victim's face is destroyed to
conceal identity, any tattoo marks on the body can serve as a source for
identification. A case report published by Mukhopadhyay et al. describes
the importance of tattoo where a body was found in a state of advanced
putrefaction. A tattoo mark describing “R + K” was found, which served
as a secondary identifier, and helped the law enforcement to identify the
individual and subsequently apprehend the perpetrator.

Tattoos may be a secondary form of identification, but in developing

nations, it may be more important as other modes of identification are
expensive, and may be beyond the budget of a given jurisdiction, and, in
some situations, time consuming as well. In many cases, tattoos played
an undeniable role in forensic investigation that has steered the
investigation towards a proper identification.