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FORENSIC SCIENCE IN CRIMINAL INVESTIGATION IN INDIA
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FORENSIC SCIENCE IN CRIMINAL
INVESTIGATION IN INDIA
AUTHORED BY - JENNIFER F LALREMSIAMI
& ROSANGPUII FANAI
Amity Institute of Advanced Legal
Studies, Amity University, Noida
ABSTRACT
A group of government workers known
as the police are in charge of maintaining peace and order, finding and
thwarting criminal behavior, and executing the law. They comprise the whole
internal regulatory structure of the State. Under British administration, a
codified legislation called the Police Act of 1861 was created. Based on a
number of proposals for the creation of the detective wing, the Criminal
Investigation Department (CID) was created to look into criminal issues that
needed stronger technical expertise following this Act. Bengal was where CID
was first established on April 1st, 1906. The Crime Branch may take on difficult
cases, such as those involving racial riots or other difficult murder cases,
that the Police may find difficult to handle on top of their usual
responsibilities. The use of forensic
sciences is one of the most crucial elements of the investigative system.
Utilizing science and technology for research is not a unique concept in India.
Although they did not comprehend the concept of forensic sciences, our
forebears used scientific methods in their system of investigation. They were
aware that handprints and fingerprints may be used as signatures by uneducated
individuals.
INTRODUCTION
In the context of law enforcement
investigations, the utilisation of forensic science is both an immediate and
universal necessity. The current system of investigating illegal activity and
prosecuting those responsible for it paints a gloomy picture. In the end, the
jury decides not to convict the defendant in a significant portion of the
murder cases. It is believed that the costs associated with each trial run by
the prosecuting agency exceed Rs. 10,000.00 on average. As a result, not only
does a dangerous criminal avoid punishment, but a significant quantity of tax
dollars is also thrown away. These frequent acquittals further empower the
offenders.
When it comes to criminal
investigations and trials, Forensic Science focuses primarily on materials, and
indirectly, via materials, on men, places, and times. The man in charge of the
investigation is the most significant person in the male population. In point
of fact, it is the job that he does that decides whether or not the application
of forensic science to the investigation and processing of a criminal case is
successful. The conclusions of a forensic scientist will be rendered
meaningless if the individual fails to gather the pertinent evidence, allows
the exhibits to get contaminated, or does not give the appropriate samples for
comparison.[1]
All subfields of science are brought
together under the umbrella of forensic science and utilised for legal
purposes. At the beginning, all of the methods were adapted from a variety of
scientific fields, such as chemistry, medicine, surgery, biology, and photography.
Yet, over the course of the previous several decades, it has established its
own subfields, each of which is a more or less specialised subfield of forensic
science. In recent years, great progress has been achieved in the fields of
serology, voice analysis, odour analysis, as well as research linked to studies
of ear patterns and nose prints.
Because of the following
considerations, there has been a growing demand for the application of science
in the field of criminal investigation:
I.
Changes
in Society:
The culture is undergoing profound
shifts in its social makeup at an extremely quick rate. During its days as a
colonial subject race, India has transitioned into a democratic republic. There
has been the development of a significant industrial complex. The modes and
facilities of transportation have undergone a transformation. The rural way of
life is giving way to the urban way of life at an alarming rate. Because of these
shifts, the traditional methods of criminal investigation are no longer
relevant.
Facilities for concealment:
The commission of crimes has been
made easier by the rapid modes of transportation and the high population
density that may be found in cities. The offender is able to conceal himself in
a remote part of the city or quickly relocate thousands of kilometers away in a
matter of hours. As a result, he frequently avoids being apprehended and
prosecuted.
II.
Knowledge
of the technical aspects:
During the course of the last few
decades, the common man's level of technical understanding has expanded
dramatically. The methods of criminal activity are being perfected. So, the
officer who is conducting the investigation needs to utilize new tactics to
confront the modern criminal.
Functions
The following three questions can all
be answered with the help of forensic science:
1. Has there been some kind of
wrongdoing?
Take the example of finding a body
that has been recovered. It's possible that the cause of death was natural,
accidental, or even intentional. By investigating the circumstances surrounding
a person's passing, forensic science can determine whether or not a crime was
committed in the person's body.
2. How and when exactly did the
criminal act take place?
The investigation of the "corpus
delicti" provides insight on the manner in which the crime was committed
and, very probably, the period at which it was carried out.
3. Who is responsible for the crime?
By the use of personal clues such as
fingerprints, footprints, blood drips, or hair, forensic science can determine
the identify of the individual who committed the crime. It establishes a
connection between the criminal and the crime by using items transported from
the site by both the victim and the perpetrator that were either left at the
scene or left at the scene by the perpetrator.
On the other hand, if the clues that
were found do not connect the accused person with either the victim or the
location where the crime took place, then the accused person's innocence can be
proven. Hence, forensic science is beneficial to the defence of innocent
parties.
Development
Only if the investigating officer is
aware of the following will the application of forensic science in the
investigation of a crime be able to be effective:
1. the specifics of the physical
proof that has to be gathered.
2. Where it can be located.
3. How it is gathered and stored
after being used.
4. What kinds of standard samples are
required so that we may make comparisons?
5. What is the minimum needed sample
size?
6. How the sampling is done.
7. How the evidence will link the
crime with the criminal and to what extent his labours will be rewarded by the
laboratory findings are two questions that will be answered by the evidence.
This is doable if the officer in charge of the investigation has a
comprehensive education in the aforementioned topics. Training in theory and in
practise are both necessary for him.
Principles
The foundations of forensic science
are found in the rules and concepts that underlie each of the natural sciences.
In addition to this, it has created its own set of guiding principles.
1. The principle of individuality states
that everything, whether it was created by humans or by nature, has a unique
quality that cannot be found in any other object.
At first glance, this idea seems to
go counter to the widespread perceptions and experiences that people have. The
appearance of individual sand grains, ordinary salt crystals, plant seeds, and
identical twins is identical. Nonetheless, one's originality can never be
denied. This is because the materials themselves have minute imperfections, the
arrangement of the crystals is flawed, the stamping was not done perfectly, or
there are inclusions of some foreign stuff.
The distinctiveness has been
substantiated in a number of different areas. The study of fingerprints has
received the most attention and attention to detail. There have been millions
of fingerprints examined, yet not a single pair of fingerprints, not even from
two fingers belonging to the same individual, has ever been determined to be
identical.
In forensic science, the principle of
individuality, often known as the "law of individuality," is of the
utmost significance. Individuality can be attributed to anything and everything
that is connected to a criminal act. When the sanity is proven, it creates a
link between the crime and the perpetrator of the crime.
2. "Contract exchanges traces"
is the principle of exchange, which is also known as the "principle of
exchange." Edmond Locard, a French physicist, is credited with being the
first to articulate it.
According to the principle, traces
are left behind whenever the perpetrator of a crime or the tools he uses to
commit the crime come into touch with the victim or the items that are around
him. In a similar manner, the offender or his tools pick up traces from the
same touch. If these traces are recognised to their original source, that is,
the criminal or his instrument (or vice versa), they establish the contact and
pin the crime on to the criminal. This is because the perpetrator, the victim,
and the items engaged in the crime all exchange traces with one another. Cases
involving hit-and-run accidents and assaults on individuals are excellent
examples of the principle of trade in action.
3. The rule that "everything
changes with the passage of time" is known as the law of progressive
change. The pace of change is quite variable depending on the thing being
studied. It has had a significant influence on the field of forensic science.
a. The criminal goes through radical
transformations. If he is not arrested in time, he will become unrecognisable,
with the possible exception of his fingerprints, bone fractures, and other
traits of a rather permanent nature that are not usually accessible.
b. The setting of the event is subject
to a whirlwind of transformations. The environment, the development of plants
and animals, and notably the evolution of human beings are all subject to rapid
and profound change over very little time spans. The longer it is delayed until
the scene is examined, the more significant the alterations will be. Once a
certain amount of time has passed, the scene could no longer be recognised.[2]
c. The shoes get more worn out, the
barrels of the firearms become looser, the metal items corrode, and the tools
acquire new surface patterns with time. In addition, the surface of the tools
changes. During the passage of time, the artefacts can lose any practical
identify they formerly had in relation to a specific crime.
Hence, timely action is required in
all facets of the criminal inquiry in order to adhere to the concept. Only
things that are comparable may be compared, according to the principle of
comparison, which states that. It stresses the need of providing comparable
samples and specimens for comparison with the goods that are being questioned:
·
In
the investigation of a homicide, a gunshot is discovered within the body of the
victim. The knowledgeable individual has formed the opinion that the bullet
came from a weapon that fires bullets at a high velocity, such as a service
rifle. It is a waste of time to send in shotguns, pistols, or revolvers in the
event that the weapon in question is a handgun.
· A clump of hair is discovered in the hands
of a person who has passed away. The guru is of the opinion that the hair
belonged to a person of the Negroid race. There is no use in collecting hair
from people of white races for the sake of comparison.
·
The
writing that was called into doubt was revealed to have been written using a
ballpoint pen. It would be pointless to send a fountain pen in the hopes that
it could be used as a writing tool.[3]
The handwriting that was reportedly
scribbled on a wall was found in a photograph, and that handwriting was matched
to the specimen that was written on paper. It did not produce results that were
of any value.
Writing on the same wall at the same
height and with the same equipment led to the collection of a second set of
specimens, which were subsequently photographed. That was conducive to
comparison.
The analysis can be no better than
the sample that was analysed, according to the principle of analysis. Even the
most thorough analysis is rendered meaningless by improper sampling and
contamination. This approach places a strong emphasis on the importance of
accurate sampling and accurate packing in order to make good use of expertise.[4]
Techniques and Equipment
The equipment and methods should have
a high degree of sensitivity because the amounts of materials involved are so
minute, typically falling within the micro, submicro, or microscopic
categories. For instance, some poisons only need a few milligrammes of the
substance to kill a person. The quantity is distributed throughout the entire
body.[5]
It's common to find tiny amounts of
things like paint, soil, dust, ink, and bodily fluids.
There are more investigations every
day that necessitate a careful review of the available data. Therefore, the
processes and equipment need to move quickly. Each component of the viscera and
organs is subjected to a laborious process that involves extraction,
purification, identification, and estimate in the conventional method of
analysis. To make sure there are no errors, the results are examined and double
checked. If contemporary methods are applied, the majority of these stages
might not even be required.
The tools and methods used in today's
forensic science labs represent both conventional and cutting-edge methods.
Here are some instances of both types of strategies:
o
The
measurements
o
In
a microscope
o
Photos
as Art
o
Transparent
beams
o
Chromatographic
Technique
o
Process
of Electrophoresis
o
studying
spectrum
o
Laser
Methods
o
Aspects
of Mass Spectroscopy
o
Using
the diffraction method to examine objects with X-rays.[6]
CONCLUSION
The term "scene of the
event" refers to the specific location where the events took place. The
participants in a given scene engage in the exchange of traces, which can take
the form of physical objects or impressions such as handprints, footprints, and
tool marks. These traces serve as a record of the activities that occurred
within the scene and can provide insight into the behaviors and practices of
those involved. Consequently, the venue of the event offers a plethora of
information that can be utilized in the subsequent situations:
1. The identification of the corpus
delicti should be established.
2. Determine the correlation between
the perpetrator, the target, and the location of the offense; and
3. Analyze the repetition of
occurrences.
In almost all criminal cases, the
crime scene holds great significance, except in cases of forgery where its
value is comparatively lower. Thorough planning, attentive observation, and
persistent investigation of the site are essential. The efficacy of an
investigation is often contingent upon the appropriate handling of the scene.
The preservation of the incident
scene in a static state is unattainable due to its perpetual transformation.
Certain pieces of evidence tend to become lost in the immediate aftermath of an
event, while additional evidence may become compromised, corrupted, or modified
as time elapses following the occurrence. There exists a singular occasion to
comprehensively scrutinize the events that transpired at that location. If the
opportunity is not fully utilized, the knowledge wealth will be lost
permanently.
[1] S. Vidalis, An Academic Approach
to Digital Forensics, Journal of Information Warfare, vol. 13, no. 4, 2014
[2] Rosen, Christine, Liberty,
Privacy, and DNA Databases, The New Atlantis, no. 1, 2003
[3] ibid
[4] ibid
[5] Mairs, G. Tyler, Identification of
Individuals by Means of Fingerprints, Palmprints and Soleprints, The Scientific
Monthly, vol. 7, no. 4, 1918
[6] Ulery, Bradford T., et al.,
Accuracy and Reliability of Forensic Decisions, Proceedings of the National
Academy of Sciences of the United States of America, vol. 108, no. 19, 2011
Article Information
FORENSIC SCIENCE IN CRIMINAL INVESTIGATION IN INDIA
Authors: ROSANGPUII FANAI, JENNIFER F LALREMSIAMI
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/06/09
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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