CRITICAL STUDY OF USE OF FORENSIC SCIENCE IN INVESTIGATION OF OFFENCES BY - MR. SIDDHARTH NAGAR
“CRITICAL STUDY OF USE OF FORENSIC
SCIENCE IN INVESTIGATION OF OFFENCES”
AUTHORED BY
- MR. SIDDHARTH NAGAR
Assistant
Professor of Law
Shri
Vaishnav Institute of Law Indore
Abstract
Forensic science plays a vital role
in modern criminal investigations and judicial proceedings. This study aims to
critically analyse the use of forensic science within the legal system and
identify potential issues and challenges that arise in its application. By
examining relevant case studies, scholarly literature, and legal frameworks,
this study seeks to provide a comprehensive understanding of the strengths and
weaknesses of forensic science as an evidentiary tool. The study begins by
exploring the historical development of forensic science and its integration
into the legal system. It delves into the various scientific disciplines
employed in forensic analysis, such as DNA profiling, fingerprint examination,
ballistics, and toxicology. Furthermore, it examines the methods used to
collect, preserve, and analyse forensic evidence, including the chain of
custody and quality assurance protocols.
This research examines the crucial
role of forensic science in murder investigations, highlighting its
advancements, challenges, and overall impact on the criminal justice system. By
utilizing various forensic techniques, investigators can gather and analyse
physical evidence to establish a timeline, identify suspects, and provide
scientific support for legal proceedings. This paper explores the evolution of
forensic science, including DNA analysis, fingerprinting, ballistics, and trace
evidence, and discusses their application in solving murder cases.
Additionally, it addresses the challenges faced by forensic scientists, such as
limited resources and emerging technologies. Understanding the significance of
forensic science in murder investigations is essential for promoting justice
and ensuring the accuracy of criminal convictions. It also investigates the
extent to which forensic evidence is subject to manipulation or contamination,
and the implications of such factors on the fairness and integrity of the
criminal justice system. The use of forensic science in the investigation of
offences amounting to murder has become an integral part of modern criminal
justice systems. This legal critical study aims to analyse the role and
significance of forensic science in the investigation of murder cases from a
legal perspective.
Keywords: forensic science, murder
investigation, crime scene investigation, physical evidence, court, forensic
pathology, forensic toxicology, DNA analysis, fingerprints, digital forensics.
Introduction
In the contemporary world new
problems have invented new technique for investigation. There has been emerged
a strong bond between science and justice delivery system. In order to better
grasp, describe, numbers, and forecast common as well as rare natural events,
science is the intellectual method for utilising both the mental and physical
tools accessible. Thus, observation, estimation of items that may be numbers,
data accumulation, and interpretation of effects as distinct from an emotional
method are part of the empirical approach to knowing something.
There is no question that the
advancement of science would make it possible from time to time to expand the
range of cases which include both negative and affirmative evidence. The
interest of crime control demands that wide powers be conferred upon the State
for it to invoke the criminal justice system against an individual. But a
democratic social order cannot totally disregard the interest of individual's
liberty; that is why, while conceding coercive powers to the State, ways and
means are provided to prevent the arbitrary and capricious use of these powers.
It is with this balancing in view that almost every mature legal system begins
with an assumption of every accused person's innocence till the contrary is
proved.
The legal system comprises of four
main, police, prosecutors, courts and correctional facilities sub-systems. In
order to meet the core goals of the criminal justice system as a whole, each
sub-system is not only required to perform its own legislative function, but
also to enhance the role of each other in a coordinated way. In reality,
however, each of these sub-systems appears to behave as a system in itself, and
also works with the other segments for cross-purposes. These sub-systems need
structural harmonization so that they may work together for the common
objective of protecting society from anti-social and unlawful activities /elements.
Long delay in disposal of criminal cases by the police and the courts, a
lengthy, cumbersome and expensive judicial process and abysmally low rate of
conviction in criminal cases are some of the main ailments of our criminal
justice system. The author has dealt with these problems and come out with
valuable suggestions to make criminal justice system vibrant.
In our present day society, while on
the one hand, an inordinate growth in magnitude as well as complexities of
crime has been seriously impinging on the sense of security of the people, the
growing inadequacy of the criminal justice system to deliver effective and
speedy justice, has, on the other hand, been taking a heavy toll of the
citizens' faith in the system itself. In the face of inordinate delays in
disposal of criminal cases by the police and the courts; a judicial process
which is lengthy, cumbersome and expensive; and an abysmally low rate of
conviction in criminal cases; the people' faith in the criminal justice system
has been fast eroding. It has almost come to the verge of collapse.
Scope of Forensic Science
Forensic science is now an essential
part of the criminal justice system because of its breadth and complexity. The
resentful situation of police inquiry and trial is very tragic in India. Many
trails in India end in acquittals. We have both official and informal
estimates. If its official is about 90% and the unofficial number is much
higher. In India, crime detection and conviction of those who have perpetrated
the crime are not the case. Except in surprising crimes, a vast majority of
offenders cannot be tried, and a few numbers of prosecutions result in
acquittal, which gradually contributes to an increasing number of criminals and
crimes. These recurring acquittals are primarily attributed to expired
investigative protocols which have found multiple ambiguities. Therefore modern
testing techniques are quite important for real inquiry. The desire to
incorporate research in the dissemination of criminal justice emerged from the
following factors:
1. Vagaries in culture
The society is witnessing
far-reaching and dramatic adjustments. India has experienced a dramatic
transition and has become a modern nation from a colonial colony. Modern
revolution impacts all means of living, whether it be contact or travel.
However, this revolution has not been optimistic; it often has affected the
negation of the population and the satellite contact, which, on the one side,
benefits security services. A militant organisation based in America will
effectively tutor its supporters in India.
2. Obscurity
The revolution in transit practises
and changing the social model from rural to urban enabled the criminal avoid
immediate detention and incarceration after the crime. The perpetrator may
conceal himself in any corner of the town with the aid of sophisticated
equipment or can stroll away thousands of miles from a destination where the
crime is performed in a shorter timeframe. Today, society is not concerned with
the reality about what is occurring in its area. Man who by Aristotle was
deemed a social animal is now a self-centred human being. He doesn't even know
his neighbour next door, particularly in the cities. So if the neighbour is
murdered, the killers just come into limes because the remains are putrid and
smell bad.
3. Technical Know-How
The technological understanding of a
common man was improved, and then streamlined the forms in which crime was
conducted, and the techniques and methods to fight this crime could also be
refined and modernised to address those refined methods.
4. Comprehensive arena
The world of criminal law operation
is expanding at an unprecedented pace. Officially, the thief and offender used
to be local, and he typically used traditional crime tactics. Now both domestic
and foreign offenders are a popular phenomenon. Trafficking of medicines,
financial crime and forgery are a large and growing market.
5. Better evidence
The forensic evidence judged by an
investigator is generally very impartial in nature, since a fingerprint in the
crime scene is assumed to be only one individual. If that guy happens to be the
perpetrator, he must make his appearance on stage into consideration.
Similarly, if a bullet is retrieved from a deceased person, only one pistol
should be credited. If this weapon is the one of the perpetrator, he may be
responsible for his role in the case. Such evidence can still be confirmed.
6. Fields of Forensic Science
Various forensic sciences branches
that help in criminal investigation , such as: “Forensic Entomology, Forensic
toxicology, Balysis, Forensic Chemistry, Forensic Odontology, Forensic Anatomy,
DNA Profiling, Fingerprinting, Forensic Psychiatry, Record Analysis”.
Application of Forensic Science in
Law
The application of advance science,
which embraces all institutions like “Photography, Ballastics, Biology,
Physics, Chemistry, Toxicology, Narcotics, DNA profiling. Brain Fingerprinting,
Narco analysis etc.” in criminal law is commonly understood as the use of
forensic science in law fields. In other words, forensic evidence means the use
of one or more of forensic sciences for the purpose of law or for Criminal
Justice System. In any case, the use of this advance science starts primarily
from the place of occurrence. The detection, collection, packaging,
transportation and analysis of physical evidences and biological materials are
the main functions of forensic science. It will obtain legal sanctity if it all
is done according to settled norms. Now the time has come when nobody can get
false conviction due to eye-witness errors, unreliable information, racial
bias, false confession, misconduct, political pressure, system corruption and
poor legal representation.
In forensic investigation the
evidences are generally obtained from “Clinical Forensic Medicine. Forensic
Pathology, Forensic Thanatology, Forensic Toxicology, Forensic Anthropology,
Forensic Entomology, Forensic Geology, Forensic Taphonomy, Forensic
Identification of Biological Fluids and Stains, Forensic DNA Analysis, Forensic
Footwear Evidence, Forensic Tire Impression and Track Mark. These are ail based
on circumstantial evidence”.
Where direct evidence in not
available or if it is available is not sufficient to prove or disprove a fact
then assistance of circumstantial evidence is taken, e.g., hair, foot and tyre
mark, fingerprint, bullets etc. may link the accused to the alleged crime and
to the place of occurrence.
Criminal Justice System: Forensic
Science: An Extensive Aspect
The history of crime predates the
dawn of recorded human history. Since the beginning of time, civilization has
been plagued by crime in one form or another. One or more norms or regulations
have been broken in order to be considered a crime in society. In the year of
2011, Krishnamurthy In order for individuals to be able to live together in
harmony, societal rules had to be established. The goal was to identify those
who deviate from the established standards, to punish them, and to separate
them from society as a whole in order to maintain it pure. These procedures led
to the development of an institution for the investigation and trial of
criminals, as well as the establishment of an institution for impartiality.
It is stated that the primary purpose
of the criminal justice system is to protect the innocent, uncover the truth,
and punish those who are really guilty. It is the responsibility of the courts
to make certain that no one is convicted of a crime for which they are not
liable. In spite of this, there is a growing perception that the real
perpetrators get away with it. This reverberation has the public enraged. This
occurs as a result of the prosecution's inability to establish adequate and
conclusive evidence. Even if the courts are persuaded that the accused
committed the crime, the lack of solid evidence prevents them from convicting
him. Law enforcement authorities must depend on evidence that can rule out
these issues. In this case, prosecutors and judges are looking to science for
answers. Forensic science and expert witnesses are growing in importance
because of these reasons.
To put it simply, every discipline of
science utilised to resolve legal conflicts falls under the umbrella of
forensic science.[1]
The following are some definitions of
Forensic science: "Science
as it relates to the legal system[2],"
In forensic science, "science is applied to criminal and civil laws,
primarily during criminal inquiry, as controlled by the legal criteria of
admissible evidence and criminal process," according to the APA. An
article published in Forensic Science in 2017 stated: Any scientific field that is used for
legal reasons is referred to as "forensic science." According to a
2017 report by the “American Academy of Forensic Science”. Forensic science encompasses a wide range
of disciplines that are used to help resolve legal disputes. In both civil and
criminal trials, the use of sophisticated and scientific evidence is on the
rise.
Modern Investigation Techniques
Crime history is as ancient as human
civilization. The future of crime begins to evolve as culture progresses.
Science and technology, in particular, have made substantial and significant
developments and development in the 20th century. Modern scientific and
technical development is proceeding at a rate not parallel in history. The
modus operandi of committing crimes has completely shifted owing to such rapid
developments in research and technology. Modern types of criminality are
developing due to connectivity, quick contact, privacy, connection to computers
for offenders, etc. Criminals conduct crimes with the newest research and
technology innovations. This not only strengthened the influence of traditional
criminals, but also culminated in modern crimes arising.
Today, regular criminal activity has
been turned into cybercrime-related technological criminal behaviour. Under
these cases, it is not feasible to rely on conventional approaches such as eye
witness reports, confession, consent or stock witness declarations. Eye
witnesses are either unable or unable to prosecute, admissions are not readily
accessible and legislation offers safeguards from that in terms of the right to
self-incrimination and the right of secrecy, and in well organised cases,
approvers and stock witnesses are not eligible. Scientific proof correctly
obtained and evaluated in such a scenario is the best path out, since it is
certain, certain, factual, universal in scope and verifiable. Forensic science
is the science dealing with the application of science expertise to gather,
store and examine material facts to be considered in a Court of Law. In
addition, it is important to utilise new investigation methods as the current
profile of police investigation and conviction of suspects is not in a happy
condition. The arrest rate is dropping alarmingly, which indicates that
criminal cases are no longer focused purely on a police officer's experience.
Society can no longer accept the retributive definition of the position of a
cop and cannot permit police work to erode and short-cut methods. Preservation
of human rights is a major concern these days. Police officers need to
reappraise continuously their techniques and procedures with a view to bring
them in line with modern thinking and expectations. Modern crime investigation
is fraught with challenges and complexities. A successful investigator, besides
knowledge of concepts and techniques, there is need for objectivity and freedom
from pre conceived notions of predispositions. He has to be ethically neutral
as well as steadfast in the role of a fact-finder. The emergence of immediate
need for use, study and application of forensic science can succinctly be
attributed to the following areas and factors'':
·
“Social
changes,
·
Hiding
facilities,
·
Technical
knowledge,
·
Widening
field of criminality, and
·
Better
evidence”
Forensic science has emerged as a
potent and powerful weapon in the armoury of administration of justice.
For effective investigation, new
technologies such as computers, photography, Videography, new observation
gadgets, highly sophisticated search gadgets, etc. are essential. Certain new
scientific tests have been developed to provide teeth to investigation. These include
Fingerprint Analysis, D.N.A. Fingerprinting, Brain Mapping, Narco-analysis, Lie
Detection, Cheiloscopy, Rugoscopy, etc. In this regard, the investigators can
seek help of Forensic Science Laboratories, the Fingerprint Bureau, Chemical
Examination Laboratories, Department of Explosives, Document Experts, and
Serologists to the Government of India, Mobile Laboratories, C.I.D., Scientific
Sections, University Departments, Medico-Legal Institutes and Consultancies.
The use of modern scientific
techniques in investigation has raised certain issues. It is argued that the
performance of tests such as Brain Mapping, Narco-analysis, etc. involve human
right violations. The constitutional validity of such tests has been challenged
on the ground that they violate the Right against Self-incrimination and Right
to Silence embodied in Article 20(3) of the Constitution. Further, concerns
have been raised regarding the evidentiary value of these tests. The
reliability of these tests cannot be defined with pin point accuracy. A major
issue, therefore, confronted by the Courts at the trial stage is whether the
evidence brought forward by such tests can be the sole basis of conviction or
does such evidence need independent corroboration before it can be the basis of
conviction.
Forensic Evidence
Forensic evidence is evidence derived
from the scientific analysis of physical evidence that may be used to deduce
other facts and recreate occurrences. Forensic evidence is often used to
determine whether or not a suspect is guilty or innocent. In both civil and
criminal cases, forensic evidence analysis is a critical part of the
investigation and prosecution process. It is possible to link crimes that are
believed to be connected by forensic evidence. It is possible to tie together
many crimes or crime scenes using DNA evidence, and in traffic accidents, it is
possible to identify the direction and speed of an oncoming vehicle by looking
at tyre and skid markings. Fingerprints found at a crime scene are proof that a
specific individual was there. The police are able to narrow down the number of
prospective suspects and build a method of identifying and prosecuting
individuals by tying crimes together.
It is circumstantial evidence since
it is given to demonstrate occurrencees that the witness was not there to
witness.
It has been proposed by a number of
forensic experts that forensic evidence may be classified into several types[3].
These types of evidence include fingerprints, impressions, hair, fibre,
weapons, biological evidence, drug evidence, and entomological evidence”. For
this investigation, the following categorization structure was used in
accordance.
The Role of
Forensic Science in Investigation of Crime
The suspect's personality may be
described using forensic science. It's clear from the evidence what kind of
crime was committed. The circumstances explain the timing of the event. The
site of the crime has been located, as shown by forensics. The perpetrator's
method of operation is discovered via forensic investigation. Finally, it
provides insight into the crime's motivation. Proof is gathered at the scene of
the crime or from a person and then evaluated in the crime laboratory before it
is submitted in court as evidence. It is crucial to the criminal justice system
that the investigation of physical evidence provides exact information about
the identity of the perpetrator via personal indicators such as fingerprints,
prints, blood droplets or hair. In this way, the criminal is linked to the
crime by items he leaves at the scene and the victim and items he carries away.
When evidence is found that does not connect the accused to the crime scene or
the victim, the accused is presumed innocent. As a result, forensic science
rescues the innocent as well. As a forensic science tool, DNA technology has
given investigators a wealth of data they may use to track down the culprit
using evidence he left behind at the site of the crime.
Legal Provision of Forensic Science
in India
Despite the limitations of the law,
forensic science has an important role to play in criminal investigations and
trials. In order to answer these questions, we must look at the following: If
forensic procedures are allowed to be used in a criminal inquiry, how far may
they be taken? According to Article 20(3)[4] of
the Constitution, No one in India may be forced to testify against themselves
in a criminal trial. Unless proven guilty under Article 20(3)[9], a person is
presumed innocent. The accused is also shielded from any torture while in
police custody for an inquiry. Until his guilt is proven beyond a reasonable
doubt, an accused person is presumed innocent under criminal law.
"Everyone accused with a penal offence has the right to be assumed
innocent unless proven guilty according to law in a public trial at which he
has received all the protections essential for his defence," reads Article
11 [5]of
the Universal Declaration of Human Rights. A basic right to remain silent and
avoid being implicated in one's own crimes is guaranteed under Article 20 (3)
of India's Constitution. This right was established to guarantee that a person
is not compelled to answer any questions or provide any documents or things if
such material may lead to a conviction for a crime. c) What weight do the
forensic specialists' findings have in court? Section 73 [6]of
the Indian Evidence Act gives the court the authority to order the taking of a
person's finger prints from anybody, even an accused.
Brain fingerprinting, lie detector
tests, and the usage of narco analysis were affirmed by the Bombay High Court's
decision in Ramchandra Reddy and Ors. v. State of Maharashtra[7].
Abdul Karim Telgi, the primary suspect in the phoney stamp paper scheme, has been
subjected to scientific testing by SIT under a special court order. According
to the ruling, truth serum evidence was also found to be acceptable. During the
year 2005, an amendment to the Code of Criminal Procedure, 1973 was made to
collect a wide range of medical information from suspects upon their arrest.
There are "reasonable grounds" for assuming that an examination of an
accused individual would provide evidence of the offence under Section 53 of
the 1976 Criminal Procedure Code. "The examination of blood, blood-stains,
semen, swabs in case of sexual offences," as well as "sputum and
sweat, hair samples and finger nail clippings by the use of modern and
scientific techniques including DNA profiling and such other tests as the
registered medical practitioner thinks necessary in a particular case,"
was added to the scope of this examination in 2005.
Women who have been sexually
assaulted are required to get a medical test within twenty four hours, and this
examination includes DNA analysis. Both provisions of the Indian Medical
Council Act, 1956, allow any medical practitioner who falls under the
definition of Sec. 2(h) to take a DNA sample. Is it possible for all medical
practitioners to gather and retain DNA evidence? DNA evidence relies solely on
properly collected and preserved samples, as is well-known. The sample might be
contaminated by a simple error or lack of understanding, and a contaminated
sample is of no value. An expert's forensic report falls within the definition
of "opinion" under the Indian Evidence Act, 1872. An expert is
someone who has honed their skills in a particular field through study and
experience. He is an expert in a certain area of study because he has spent a
significant amount of time and effort studying it. An expert witness's
credibility is based on the reasoning given for their conclusions and the tool
method and materials used to get those conclusions. In other words, the court
is allowed to disregard the expert's findings in favour of other evidence in
order to make a judgement.
Latest
Judicial Pronouncements
As evidenced by DNA profile and oral
evidence, “the Sessions Judge, Nagpur, convicted and sentenced the accused to
death for the gruesome murder of a minor boy aged about 10 years after
subjecting him to carnal intercourse and strangling him to death in Anil
@ Anthony Arikswamy Joseph versus the State of Maharashtra[8]”.
Only one unburned hand with fingers
was available to identify Nitish Katara, the Vishal Yadav's murder case in
Uttar Pradesh. As a result of DNA profiling, the remains of the dead could be
positively identified by comparing their DNA profiles with those of their
parents, and this information was utilised by the Delhi High Court to support
the accused's conviction. An auto rickshaw driver was sentenced to death after
being found guilty of kidnapping and murdering a 10-year-old schoolgirl before
putting her body in an active canal, according to DNA evidence in the case
“State by the Inspector of Police v Manoharan”. After his son died, Sushil Mandal
contested the results of DNA profiling in Sushil Mandal V. The State
Represented by CBI[9].
The dead youngster was on the verge of teenage infatuation with a classmate,
and school officials warned the parents of both students to keep an eye on him.
The youngster was then reported missing and a week later, an unidentifiable
corpse was recovered from a lake after it had rotted completely. The father of
the missing child claimed he was unable to identify his son's bones or clothing
in the petition. It was more preferable for him to go to the Supreme Court and
file a habeas corpus petition, charging the girl's father and pleading with the
court to urge the FBI to conduct an investigation (CBI). According to the
results of the autopsy, the dead's DNA matched those of his deceased parents
(the petitioner and his wife). Despite multiple DNA testing, the petitioner
refused to accept the results of scientific studies. The case was dismissed
because of the Supreme Court's reliance on scientific evidence, including DNA profiling.
The slum-dwelling girl who was
brutally attacked and subjected to an unnatural sexual act was probed by the
“Delhi police, and DNA” profiling was used to connect the culprit to this
horrendous crime by the State of NCT Delhi against Sujeet Kumar. The court
concurred with the conclusions of the inquiry based on DNA reports and other
evidence and found the accused guilty and overturned the acquittal ruling of
the Trial Court, which was based on the child's testimony.
According to the Supreme Court's
ruling on DNA evidence, "Crime scene needs to be treated with
scientifically without any mistake. Forensic science is critical in criminal
prosecutions based on circumstantial evidence since it may help establish the
proof of crime, identify the culprit, and determine whether or not the accused
is guilty or innocent. Searching thoroughly for evidence that may be used to
convict the perpetrators is one of the most important tasks of a crime scene
investigator. During the collecting, packaging, and sending of physical
evidence at the crime scene, the Investigating Officer may be protected from
the risk of contamination. To ensure the integrity of the evidence and to
prevent any tampering or damage, certain precautions must be followed.
Conclusion
Forensic science is a pivotal component of criminal law, shaping the
pursuit of justice in contemporary society. As new bills and reforms are
introduced, the relationship between science and law will continue to grow,
emphasizing the need for rigorous standards, ethical considerations, and
ongoing dialogue between scientists, lawmakers, and the public. By addressing
these challenges, legislative measures can enhance the efficacy of forensic
science in the legal system, ultimately contributing to fairer outcomes for all.
Forensic science plays a critical role in modern criminal law, serving as a
bridge between scientific evidence and legal standards. As new bills and
reforms in criminal law emerge, the integration of forensic science becomes
increasingly important for ensuring justice and enhancing the integrity of the
legal process.
The integration of forensic science within criminal law is vital for
advancing justice and ensuring the reliability of evidence. As new bills and
reforms are introduced, they highlight the necessity of rigorous standards,
proper training, and ethical considerations in forensic practices. By
addressing challenges such as evidence misinterpretation and public trust,
lawmakers can enhance the effectiveness of forensic science in the legal system.
Ultimately, a strong partnership between scientific innovation and legal
frameworks will foster a more just and equitable society, ensuring that the
pursuit of truth remains at the forefront of criminal justice.
[1]The Role of DNA in Criminal
Investigation- Admissibility in Indian Legal System and Future Perspectives, 15-21 IJHSSI Vol. 2 (2013).
[2] In 2006, definition given by
William J. Tilstone
[3] Fisher, 2004; Gardner, 2004; Lee,
Palmbach & Miller, 2004.
[4] Constitution of India, 1950.
[5] Article 11 of Universal
Declaration of Human Rights.
[6] Section 73, the Evidence Act,
1872.
[7] Ramchandra Reddy and Ors. v.
State of Maharashtra, AIR 2017 SC 2042
[8] Anil @ Anthony Arikswamy Joseph
versus the State of Maharashtra, 2014 AIR SCW 1334
[9] Sushil Mandal V. The
State Represented by CBI, 2014 SCC Online Mad 7362.