Open Access Research Article
USE OF FORENSIC TECHNIQUES IN POLICE INVESTIGATION IN INDIA: CHALLENGES & SOLUTIONS ABSTRACT
Published Paper
Article Details
USE OF FORENSIC
TECHNIQUES IN POLICE
INVESTIGATION IN INDIA:
CHALLENGES & SOLUTIONS ABSTRACT
AUTHORED BY - DEVANG BHATI
The use of forensic techniques in police investigation have a crucial
role in ensuring justice and maintaining law and order in India. This paper explores the challenges faced by the police
during the investigation while using forensic techniques and proposes possible
solutions to overcome these obstacles. However, this area of study encompasses
various forensic techniques through which the effectiveness of investigation by
the police is in direct correlation. Forensic techniques include a collection
of different evidence demanded by the various scientific disciplines,
handwriting analysis, and others. Aforesaid mentioned forensic techniques under
various scientific disciplines used by police officer for the collection of
evidence while investigation faces challenges as the IO or SHO has to call a mobile van to the scene to collect the evidences and
send for the testing which is not the best way to collect the evidences. The first responders to a crime
scene must be either IO or SHO which do generally
not know as to what evidence must be collected and also they have lack of
required tools to collect the proof
for the forensic
team. The enforcement personnel lack comprehensive forensic training and there is an absence of clear guidelines
for the collection and preservation of forensic evidence, most forensic
infrastructure and laboratories are outdated which ultimately leads to the
effect in the police investigation. Police in the process of investigating
being overburdened by cases forget to collect the important evidence which
ultimately hampers ensuring justice and maintaining law and order in India. The
solution to address these challenges includes increased investment to ensure
access to modern
technologies and tools,
a training program for the police personnel, coordination and collaboration between
forensic and law enforcement,
and setting uniform standards and protocols to ensure consistency and
reliability which can ultimately help in solving crimes and better
investigation by the police.
Keywords: Forensic, evidence, investigation, techniques, training, collection, Analysis.
INTRODUCTION
Forensic Science is a multidisciplinary sector that uses scientific ways
for investigating and solving crimes. This field has in the recent years become
increasingly popular and pivotal in the criminal justice
system as it assists in solving the crimes. It collects, analyses, and interprets the evidence
collected, which helps in to establish facts, identify suspects
and thereby catching criminals and providing justice
to all. Forensic Science has made its way into the Indian Criminal Justice
System as well.
While there is no denying that forensic science is a key component of our
criminal justice system that relies on resolving cases and achieving justice,
the applicability of the science is not free from challenges. Some challenges
include- lack of infrastructure, improper training, lack of standardisation in admitting the forensic evidence. Furthermore, with the technological
advancement globally even the crimes
have become more innovative and technologically oriented making it challenging for the forensic
scientists to keep up with. Furthermore, forensic scientists aren’t trained, don’t
have proper resources, there aren’t standardized methods for practice and the
infrastructure is also limited which affects the overall quality of the utilising
forensic science leading to improper investigations and wrongful convictions.
Thus, in this background, it is imperative that the current framework is
studied and critically analysed to study the role of the science in the Indian criminal justice
system (herein after CJS)
to identify challenges and possible solutions that could counter the
challenges. Furthermore, this paper shall
identify the loopholes in the system
and show ways to develop
the applicability of the science in the system such that the system is fairer and more reliable which shall help in
propagating the principles of justice.
1.
MEANING
AND SCOPE OF FORENSIC SCIENCE
Forensic is derived
from the Latin
word forensic which
means “suitable or pertaining to court”.[1]
Forensic techniques essentially mean that using science based methods on
evidence that were obtained from the scene that can be used in the court with
certain conclusions drawn from the study of the physical evidence collected.
For example, collection of fingerprints or blood splatter at a crime scene is used to determine who were possibly
at the crime scene or who were guilty. Such evidence plays a crucial
role in determining the accused, their arrest and their prosecution.
Some common forms of forensic techniques used are DNA analysis,
ballistics, handwriting analysis, fingerprinting, toxicology, analysis of
synthetic and natural materials. Basis such techniques, the examiner and
experts prepare reports that provides information regarding key points of information regarding the crime such as- crime
nature, as in which manner
crime was committed, the demographic nature
of the offender, the time of the crime, instruments used and the
identity of the offender. Such information helps the investigators in
expediting the investigation and prove with more surety the conviction. This
essentially allows the investigators to retrace the steps of the offender by
corroborating and reconstructing the incidents that occurred at the crime
scene. Information such as the nature of the stain at the crime scene, the
tools involved such as the kind of bullet used etc excludes and dissociates
people and objects not involved in the scene.[2]
2.
ROLE OF FORENSIC
SCIENCE IN INVESTIGATIONS
Forensic Science is a key tool in the CJS that studies and analyses the
scientific and physical clues that are available at the crime scene. By studying the same, it attempts to explain who
possibly committed the crime due to the distinctiveness of the clue
obtained from the scene, the evidence or clue collected shall specify the nature of the crime
committed and based
on the same even the time and
method of committing the crime can be ascertained. Basis clues collected and
studying those, the who, what, when, where, when and how of the crime can be
answered. Once such questions are answered, the motive behind the crime becomes
clearer thereby leading to conclusion of investigations.[3]
In the entire procedure of the criminal
investigation, evidences collected from the crime
scene or an eye-witness account is narrated. Based on the evidence
collected, the examiner or the expert studies the same in the laboratory whose
results and reports are then presented before court. Every crime committed
make different scene of crime which is in itself unique and every
offender leaves a trace behind as no crime is committed perfectly. Forensic
science is essentially using such imperfect commissions of crime to the advantage
of the investigator who uses such information, studies
it scientifically and analyses the same for identifying the culprit
and subsequently convicting him. Such evidence
may include fingerprints, blood drops, bullet holes. In the modern days, the DNA technology has emerged that gives even more information about the scene to the
investigator that uses the biological traces of every human to study the crime
that links the scene to the offenders.
3.
Statutory
Framework of use of Forensic
Science in CJS of India
The CJS of India in its legislative framework has incorporated several provisions that regulate
the admission of evidence that are backed by forensic techniques. Such
provisions make sure that the evidence thus used are collected, preserved and
analysed scientifically in a fair and reliable manner. Some key provisions that
ensure the same are as follows:
A.
Indian Evidence
Act, 1872
This Act incorporates the entire framework that governs the admissibility
of forensic evidence in courts of law basis its relevancy, reliability, and
weight it is given in the court proceedings.
This also extends
to the forensic evidence. Section
45 of the Act states that an opinion of an expert can be referred to
including forensic experts for evidence to be admissible in court. Such experts
may provide opinion on various technical issues such as DNA analysis, handwriting
analysis, profiling etc.[4]
Similarly, Section 47 deals with opinion of the expert in case of electronic evidence
wherein the evidence
such as computer generated documents, emails,
hard disks, electronic records and other electronic devices are examined,
analysed by such experts who determine the admissibility and reliability of
such electronic evidence in the court. Section 73 of the Act pertains two the handwriting
analysis such as signatures, handwriting, finger impressions wherein such
impression are compared to determine the authenticity of the same.[5]
B. Code
of Criminal Procedure, 1973
CrPC is a law that lays down procedural law for investigation,
prosecution and trial of crimes wherein the forensic evidence
is pivotal. CrPC ensures that the forensic
evidence is collected
analyses and presented properly and legally in the cases in accordance with
procedural rules.[6]
Section 46 of the Code states that the police while making arrest has to follow proper
procedures such as the fingerprinting, profiling, DNA analysis
to ensure that the identity of the individual is
established during the arrest of. Section 53 delas with the examination of
individuals by medical practitioners such that biological samples can be
collected for forensic analysis to establish the identity of the individual and
to determine the guilty of the individual. Similarly, Section 207 deals with
the supplying the relevant documents and statements to the accused
such that the forensic reports,
laboratory findings can be
studied by the accused such that they can rebut the same if required.
C.
Indian Penal Code, 1860
IPC is a complete act that lays down all offenses and their consequent
punishments in India.[7]
Certain provisions in the IPC form the legal framework in using forensic
evidence in criminal cases in determining guilt and serving
justice. Section 328 of the Code penalises the act of causing
harm to any person by use of poison or any substances. Forensic science uses
its techniques to determine the substance used for causing harm or injury.
Similarly, Section 272 to 278 penalises offenses relating to adulteration of
food, drugs, drinks and other substances to spread infection. The forensic
science is used to analyse the presence of harmful substances. Section 195 and
463 of the Code penalises offenses relating to forgery and document tampering
wherein forensic science and techniques are used for examining handwriting,
signatures and other documents. Section 304B and Section 498A deal with
offenses related to cruelty during marriage and dowry deaths which require the
assistance of forensic science and techniques to determine the causes of death and violence.
D. Information Technology Act, 2000
This
piece of legislation regulates information technology, digital evidence and
cybersecurity issues.[8]
This act is the legal framework for collection of digital evidence,
preservation and prosecution, safeguarding data protection and digital pricavy.
The most key provision in this act is Section 65B which pertains to the
admissibility of electronic record as evidence. It lays down condition in which the electronic record
can be used as an evidence in court. It tells that the electronic record to be considered as evidence in the court requires that the person must
certify the same and the person certifying must be at crucial official
position. Such experts thereby determine the admissibility and reliability of
electronic records and provide and expert testimony.
E.
Narcotics Drugs and Psychotropic Substances Act, 1985
NDPS is a piece of legislation that pertains to the offenses
committed in relation
to narcotics and drugs.[9] Forensic
science thus plays
important part while
investigating of such offenses.
Section 50 of the Act provides that the authorised officer may search
without a warrant
and seize as well.
The science ensures
that the procedure of search and seizure is done with due
process and in line with forensic techniques such as proper dug identification
and collection, proper weighing of the substances which shall establish the
nature of the drug and also the quantity seized. Section 67 of the Act provides
for the penalising those activities that promote
the consumption of dugs and such substances. Forensic science plays a important role in determining the
examination of the media that promotes the same.
F.
DNA Technology (Use and Application) Regulation Bill, 2019[10]
The DNA Bill, 2019 is currently pending in the parliament but it aims to
govern the use of DNA technology and creating a DNA database for forensic
analysis. This bill lays down the guidelines for collecting, analysing, and
preserving DNA data and thereby using the same for profiling, identifying and
matching the criminals.
4.
Landmark
cases that shaped the applicability of forensic science
in Criminal Justice system in
India
The Indian Judiciary has played a very important role in establishing of
forensic science and its application in the CJS by shaping the procedure in
which the forensic evidence is admitted as evidence in court.
In the case of Selvi vs State of Karnataka[11]
the SC set down guidelines that determine the admission of polygraph tests
commonly known as lie detector
tests, brain mapping
and
narcoanalysis as evidence
in court. The Court held that such tests are against the constitutional
right under Article 20(3), the right against self-incrimination and such tests
cannot be conducted on an individual without obtaining their consent.
In yet another case before the SC, Tomaso Bruno and Anr. v. State of Uttar Pradesh[12] it was
observed that the investigation process should seamlessly adapt the inevitable
field of information technology and advancement as electronic evidence
is an “invaluable ally” of law
enforcement agencies and the court
as it shall assist in establishing facts
that cannot be refuted.
In this case, the court
upheld the electronic evidence as valid
evidence in the court and also laid down guidelines to ensure that
admissibility and reliability of the same.
In yet another case of Sandeep vs State of Uttar Pradesh[13]
the victim was pregnant and murdered as she refused to go through an abortion
by the accused. Upon DNA analysis it was found
that the victim
was in fact pregnant with the accused’s child and was ultimately murdered due to the same. The Court
acknowledged that the DNA proof plays a pivotal role in determining and
concluding the case thereby bringing justice to the victim.
In the famous case of Surendra Koli vs State of Uttar Pradesh[14]
also known as the Nithari case, the applicability of forensic science was
meticulously studied. The accused was subject to several forensic techniques
such as analysis of narco and brain mapping test. Through such analysis, the
tendencies of the accused was proved such as necrophilia, paedophile and paraphilia.
5.
Challenges faced in applying
of forensic science
in CJS in India
There is not an iota of doubt that the use of forensic science
has revolutionized the solving and investigation of crimes in the
criminal justice system of India and delivering justice to all involved. Form using tools
such as fingerprint analysis to DNA profiling, forensic
science now plays a pivotal
role in identification of offenders, their arrest and subsequent conviction by
linking them to a crime scene by using scientific evidence whose reliability
cannot be challenged or questioned in the court. While the methods used in the
investigation are quite scientifically backed and based on extensive research
and study, the field of forensic science still faces challenges in the criminal
justice system.
Some challenges it faces include:
A. Lack of standardisation: In India,
the forensic tools,
procedure, protocols are not
standardised nationally. There is no uniformity in the way evidence is collected,
analysed, preserved, which
leads to inconsistencies and errors. Such errors question
the reliability of the forensic evidence in the court. [15]
B.
Limited Infrastructure and resources: Forensic laboratories in India face
the problems of lack of funding, lack of training, outdated instruments and
equipment which compromises the quality of research and also the reliability of the evidence.
This can furthermore create a problem for accurate analysis which could
lead to delayed investigations and court matters. [16]
C. Quality Control and Accreditation: Due to the limited infrastructure and resources available to the laboratories in India, the quality and reliability of the forensic
evidence is compromised which is the most crucial for the criminal
justice system.
D.
Backlog of cases: There is a limited number of
forensic laboratories and experts for examination and analysis of forensic
evidence thus leading to a backlog of cases. Furthermore, the number of cases are always increasing which leads to an increasingly high number of cases
that are yet to be analysed delaying
the investigation and trials.17
E.
Lack of awareness and education: There is limited knowledge about
the importance and significance of forensic science
amongst the law enforcement bodies,
investigators and even the general public. Such a lack of awareness and
training can hinder the investigation process as the evidence collected could
be handled improperly thereby again questioning the reliability of the same and
ineffective use of forensic techniques in investigating and trials.
6. Solutions
and way forward for continuing applications of criminal justice system in India
While there are various challenges in the applicability of the forensic
science in the criminal justice system, the importance of it cannot be ignored,
the following recommendations from several experts from the field can be
incorporated to strengthen the field. Adoption of these recommendations shall integrate the use of this science
in the investigation such that the system
15
16
January 2024
17 Bhumika Indulia, ‘Integrating Forensic
Techniques in Indian Criminal Justice
System | SCC Blog’ (SCC Blog10 December 2022) www.scconline.com/blog/post/2022/12/10/integrating-forensic-techniques-in-
indian-criminal-justice-system/> accessed 5 January 2024
becomes more efficient, accurate and reliable
in delivering justice
and preservation of the rights of the accused as well as the
victim.18
Some recommendations that can be incorporated are as follows:
A. Promoting research and innovation: Forensic Science as a field of study, research and
development can be encouraged at universities and courses at professional
levels that can drive
curiosity leading to development of technology, better
methodology and ensuring best practice at all levels.
Research projects can be funded
by the government, research collaboration opportunities can be
provided, and incentives can be proposed for those who contribute in cutting
edge forensic practices, techniques and methods which in turn shall
improve the investigation mechanism, prosecution of more criminals and better adjudication by the
courts. 19
B. Enhanced Forensic infrastructure and resources: The government or well-intended
organisations can fund in better infrastructure, laboratories, forensic facilities
which can encourage study, research, and development of forensic science.
Advanced instruments and equipment, and upgraded laboratory can boost the
forensic science research thereby allowing the
experts to work more effectively.
C. Forensic Science training
and certification courses: Comprehensive forensic
science training and courses
can be introduced that can encourage and improve the skills of the
forensic experts, enhance their knowledge. Specialised training could be
provided in various forensic disciplines, contributing to continuous
improvement learning and increased capabilities of experts in handling complex
forensic science issues. 20
D. Strengthening the current legal framework: The current legislative framework
can be continuously updated to keep up with the developing forensic science
techniques which are updating itself with the technological advancements. The
legislative framework can be continuously amended to ensure that it remains the
relevant and admissible and reliable in the court. Clearer directives,
standards and reforms that match the internationally accepted practices shall
ensure that the forensic science is relevant and applicable in the Indian
criminal justice system. 21
18 ‘Data, Engineering and Applications’ [2019] SpringerLink accessed 5 January 2024
19 Gaur M, ‘Examining the Role of Forensic Science
for the Investigative -Solution of Crime’ (2018) 5
https://www.jetir.org/papers/JETIREP06090.pdf accessed 5 January 2024
20 Parveen N, ‘Role of Forensic Science
in a Criminal Investigation - Indian Law Portal’ (Indian Law Portal29 August 2020)
January 2024
21 Chawla MrDS, ‘The Role of Forensic
Evidence in Criminal
Investigations in India’
(2023) 11 IJRASET
760
E. Promote interdisciplinary and international collaborations: Forensic experts can collaborate with law enforcement agencies, investigators, and academicians which can
allow a collective advancement and also strengthen the forensic science and its
applicability in the CJS. A platform can be created that shall foster regular
exchanges and knowledge sharing
across the several
agencies which in turn shall boost the quality
and reliability of the forensic evidence and science.
F. Develop specialised forensic units: Forensic Science is a multidisciplinary field and
setting up varying units within the law enforcement agency and judiciary itself
can assist in speedy investigation and immediate assistance. This shall also
ensure that the forensic science is adequately incorporated in all investigation procedures such as DNA
analysis, fingerprinting analysis, digital forensics, etc can ensure that the
field is specialised and properly handled.
7. Conclusion
Forensic Science with the technological development has become an indispensable
tool for investigation and solving crimes in the Indian CJS. While Indian is
moving towards a more robust criminal investigation framework, the role of
forensic science cannot be ignored rather efforts must be made to ensure
development which shall lead to justice for victims and also enhancing the
principles of rule of law. Forensic science is an exciting area with a plethora
of opportunities which if explored can counter the challenges that CJS currently
faces. The Indian CJS has become increasingly reliant on forensic
technology to support
investigations and move towards a more reliable
framework. Forensic science
plays an important role by taking
a careful approach to evidence gathering
and processing. Crime scene investigators methodically collect
tangible evidence such as fingerprints, blood
splatter, and other materials. This rigorous technique allows detectives to
link suspects to the scene, clear the innocent, and more accurately re-create
the crime's timeframe.
Moreover, forensic science
covers a wide range of specific topics.
These specialisations, which range from analysing blood and
tissue samples to identify drugs or poisons (forensic toxicology) to scrutinising documents
for validity (forensic
document examination), provide
a comprehensive strategy to uncovering the complexity of crime. This
scientific backing strengthens the prosecution's case by providing
evident proof. In addition, forensic
science has the ability to
infuse fresh energy into unresolved cases by opening up new areas of inquiry
through procedures such as DNA testing, which can identify
previously unknown suspects.
In conclusion, forensic science
is a valuable instrument for improving the accuracy and efficiency
of criminal investigations in the Indian CJS.
Bibliography
1.
‘The Importance of Forensic Science
in Criminal Investigations and Justice’ (IFF Lab26 December 2017)
2. ‘Development of Forensic Science
and Criminal Prosecution-India.’ (Ijsrp.org2023)
3. Gaur
M, ‘Examining the Role of Forensic Science
for the Investigative -Solution of Crime’
(2018) 5 www.jetir.org/papers/JETIREP06090.pdf>
4.
The Indian
Evidence Act, 1872, No. 1, Acts of
Parliament, 1872 (India)
5. ‘Evidentiary Value of Expert
Evidence under Indian
Evidence Act, 1872’
(World’s Largest Collection of
Essays! Published by Experts3 June 2013)
6.
The Code of
Criminal Procedure, 1973, No. 2, Acts of Parliament, 1974 (India)
7.
The Indian
Penal Code, 1860, No. 45, Acts of
Parliament, 1860 (India)
8. The
Information Technology (Amendment) Act, 2008, No. 21, Acts of Parliament, 2000 (India).
9.
The
Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1985, No. 61, Acts of Parliament, 1985 (India)
10. The
DNA Technology (Use and Application) Regulation Bill,
2019, 128 of 2019
11.
Selvi vs State of Karnataka,
, (2010) 7 S.C.C. 263
12.
Tomaso Bruno and Anr. v. State of Uttar
Pradesh, (2015) 7 S.C.C. 178(India)
13.
Sandeep v. State of Uttar
Pradesh (2012) 6 S.C.C.
107 (India)
14.
Surendra Koli vs
State of U.P., (2011) 4
S.C.C. 80 (India)
15. Prachi Kathane and others,
‘The Development, Status
and Future of Forensics in India’
(2021) 3 Forensic Science International: Reports 100215
16. Daily Pioneer, ‘INADEQUATE FORENSIC LABS DELAY JUSTICE’ (The
Pioneer27 August 2022) www.dailypioneer.com/2022/columnists/inadequate-
forensic-labs-delay-justice.html> accessed 5 January 2024
17. Bhumika Indulia, ‘Integrating Forensic
Techniques in Indian Criminal Justice System
| SCC Blog’ (SCC Blog10 December 2022)
18. ‘Data, Engineering and Applications’ [2019] SpringerLink
19.
Gaur
M, ‘Examining the Role of Forensic Science for the Investigative -Solution of
Crime’ (2018) 5 https://www.jetir.org/papers/JETIREP06090.pdf accessed 5 January 2024
20.
Parveen
N, ‘Role of Forensic Science in a Criminal Investigation - Indian Law Portal’ (Indian
Law Portal29 August 2020)
21.
Chawla
MrDS, ‘The Role of Forensic Evidence in Criminal Investigations in India’
(2023) 11 International Journal for Research in Applied Science and Engineering
Technology 760 www.ijraset.com/best-journal/the-role-of-forensic-evidence-
in-criminal-investigations-in-india>
accessed 5 January
2024
[1]
‘The Importance of Forensic
Science in Criminal
Investigations and Justice’
(IFF Lab26 December
2017)
[2]
‘Development of Forensic Science
and Criminal Prosecution-India.’ (Ijsrp.org2023)
[3]
Gaur M, ‘Examining the Role of Forensic Science
for the Investigative -Solution of Crime’
(2018) 5
[5]
‘Evidentiary Value of
Expert Evidence under Indian Evidence Act, 1872’ (World’s Largest Collection of Essays! Published by Experts3 June 2013) www.shareyouressays.com/knowledge/evidentiary-value-of-expert-
evidence-under-indian-evidence-act-1872/119180> accessed 5 January 2024
[9] The
Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1985, No. 61, Acts
of Parliament, 1985 (India)
[15]
Prachi Kathane
and others, ‘The Development, Status and Future of Forensics
in India’ (2021) 3 Forensic Science International: Reports
100215
Article Information
USE OF FORENSIC TECHNIQUES IN POLICE INVESTIGATION IN INDIA: CHALLENGES & SOLUTIONS ABSTRACT
Authors: Devang Bhati
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/06/17
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.