FORENSIC SCIENCE

INTERNAL: II

INTRODUCTION

The progress in technology and society has brought about a significant change in the criminal
jurisprudence. With this forensic science and its importance have evolved and increased over
the years. It is the intersection of science and law, aiding in investigation.

A panel discussion was held on the 27 th April of 2022 conducted by esteemed speakers Shri R
N Kokare (Retd,) Deputy Director, RFSL, Pune and Ms S. Padnekar, Expert in Legal
Forensic Science. The panel discussion not only described in detail the evolution of forensic
science in India, but also discussed the developments that have occurred in this discipline.
Part I looked into what forensic science is, how it applies to the justice system, what kind of
evidence are deposited, and what types of exams are performed when studying such
evidences. Part II focused on the nuances of medical forensics. In the present we shall
highlight the important information, analyse the same and provide suggestions in instances of
lacuna identified.

OVERVIEW OF FORENSIC SCIENCE AND ANALYSIS BY SHRI R. KOKARE

ANALYSIS

Understanding what Forensic Science is

Forensic science was described by the speaker as the ‘application of science to law’. Here
various disciplines get involved during the investigation procedure which aids the court in the
arriving at a decision. It plays an imperative role in exonerating the individual who has been
wrongly accused and also link the suspect with the crime, place and time and the victim, thus
upholding the doctrine of innocent until proven guilty.1

The science has various branches such as DNA, biology, psychology, nuclear science,
toxicology, ballistics etc.

Role of a Forensic Scientist

Visiting thecrime scene

Proceduction of
and aiding in
Analysis of criminal evidence before the
investigation,
exhibits Court as empowered
especially for crimes of
under section 293
public importance

Training new juniors

from different
Conducting R&D on
investigating agiences,
forensic activities
laboritiers etc which are
specilising in this field

1
Helen Wallace, Prejudice, Stigma and DNA Databases, 7, CRG , 21, 24-27 (2008).
As rightly noted by Sir a forensic scientist must focus on the skill of self-reasoning in order to
adequately analyse the evidence. Along with the above-mentioned roles, there other
imperative roles of forensic scientist such as body identification, monetary fraud tracking,
reconstruction of accidents, assessing the cause of death etc. Often crime scenes contain no
CCTV footages or eye witnesses and hence the forensic scientist help in adducing scientific
facts crucial to the crime2.

Aim

The duty and aim of the forensic team it to provide impartial scientific evidence. Various
branches of forensic science handle the case analysis as the evidence can vary from being a
tangible to intangible matter. The analysis is further given to the investigating bodies who can
further present the same before the court.

There has to be proper coordination between the investigating bodies, forensic scientists,
medial officers as the evidence has to collected, examined, handled and stored carefully 3.

Jurisdiction

All the forensic laboratory in India comes under the administrative control of the Home
Department of the respective State ministry. The same is followed by organizational structure
under the Directorate of Forensic Science laboratories. There is also subdivision of Central of
Forensic Science Laboratories (CFSL) in Kolkata Guwahati, Bhopal, Pune, Chandigarh and
Hyderabad. In the discussion, sir has also discussed the organizational setup of the DFSL in
Maharashtra and jurisdictions of Deputy Directors of the respective cities.

But the discussion did not address the of lack of facilities in the RFSLs for Psychological
evidences. Forensic Psychiatry and Psychology as branch faces marginal deficiency in
training and infrastructure. This can cause flawed analysis and wrong conviction4

Techniques for Inference

The working of the Chemical division was summarised by Sir. the clue materials such as
metals traces left behind by explosives are collected and used to determine the type of offense
2
Dr. Raghu Anand, Importance of Forensic Science in Law Domain, 6, JETIR, 25, 25-26 (2019).
3
Dr. Sonia Kaul, Applicability of Forensic Science in Criminal Justice System in India With Special Emphasis
on Crime Scene Investigation, 2, Medic. Legal J., 1, 7-9 (2018).
4
Pratima Murthy, Mental Health And The Law: An Overview And Need To Develop And Strengthen The
Discipline Of Forensic Psychiatry In India, 58, Ind. J. Psych., 1, 8-10 (2016).
committed. TNT and RDX are found in terrorist activities. Medical officers collect urine
samples and narcotics and hallucinogens are found in the offences like trafficking etc.
The different types of instruments used where showcased such as the Raman Spectrometer or
OPLC and other multiple instruments which are used for both quantitative and qualitative
analyses and also for mitigating any chances of error.

The concept of toxicology was also dealt in detail by Sir, where he highlighted it uses in the
investigation of poisoning cases. But he did not mention that the use of toxicology is not only
limited to protecting the society through detection of toxicants but is also plays a key role in
developing additional toxicants and clinical drugs for treating diseases like cancer5

Sir further focused on the Biology and DNA division, where the samples of blood and semen
are examined. Usually detection is done through reagents or other techniques. DNA profiling
is an advanced and better technique when compared to protein and blood sampling. However,
the same has performed keeping in my the privacy of the individual where the personal
details should not be exposed (Ankit, 2019)6

The use of Ballistics and Principle of Linkage for cartridges and bullets were further
discussed. This is important even when eliminating weapons left behind at the crime scene
where the bullets and calibre are matched to find the if the weapon was used or not. By
determining the pathway of the bullets, the physical profile of shooters is identified. 7 The
Ballistics division was used in the Pramod Mahajan case.

To solve hit and run cases, the Prohibition and Excise Division comes to use here through
Headspace gas chromatography blood samples are analysed. The role of the Physics division
it to examine physical evidences such as metallic objects, soil, paint etc by comparing the
basic characteristics such as its temperature, density, tensile strength, depth etc. This is often
effective in the crimes like murder, kidnapping, cheating etc.8

Speaker identification method is an effective way to detect the identity of person through
their speech. People possess distinct voice, frequencies, tone, acoustics and vibrations. Sir did
discuss the high success rate of audio analysis which is close 99% as deviation from the
5
Manish Yadav,1 Anindhya Tiwari, Forensic Toxicology And Its Relevance With Criminal Justice Delivery
System In India, 4, FRCIJ, 122, 124-125 (2017)
6
Ankit Anand, DNA Profiling: A Comparative Study With Reference To India, U.S.A. And U.K., 7, JCIL, 71,
71-73 (2019).
7
King WR, Campbell BA, Matusiak MC, Katz CM, Forensic Evidence and Criminal Investigations: The
Impact of Ballistics Information on the Investigation of Violent Crime in Nine Cities, 4, J Forensic Sci., 874,
879-880 (2017).
8
GOVT. INSTITUTE OF FORENSIC SCIENCES, Nagpur, https://ifscnagpur.in/Physics/, (last visited Apr. 10, 2022).
individual speaking traits is not possible. 9 This technique is used in anti-corruption cases
where the veracity of the audio or video is checked. The Tape Authentication and Speaker
Identification Unit was part of the 26/11 terror attack case.

For crimes where the medium or target are computers the Cyber division comes into play.
Exhibits like mobiles, servers, digital instruments etc are presented as digital evidences.
Cyber forensics were part of the investigation for the German Bakery Blast case For crime
such as Rape, Dacoity, Attempt to murder etc, the Psychology Division plays a crucial role as
the division is directly pertaining to the humans. The Psychology Division was applied to the
Talwar murder case

LITERATURE REVIEW
1. Singh, Subhash Chandra. “DNA PROFILING AND THE FORENSIC USE OF DNA
EVIDENCE IN CRIMINAL PROCEEDINGS.” Journal of the Indian Law Institute,
vol. 53, no. 2, 2011

Here the author discusses the inclusion of DNA testing tot the criminal justice system. Its use
has become very frequent and proves to be effective and imperative as it has the ability to
eliminate a suspect if the DNA does not match with the Sample. DNA evidence is only useful
in determining the suspect at the site of the crime and not the degree of interference and
blame. By accepting such evidence as an objective solution to the problem of identifying the
criminal leads to scientific appropriation as the important ingredients such as the consent or
mens rea often gets overlooked.

2. Henry C. Lee, Forensic Science and the Law, 25 CONN. L. REV. 1117 (1993)

In the present paper, the author explores the concepts of recognition, identification,
comparison, individualization and reconstruction extensively dealt in forensic examination.
This paper acts as useful and important theoretical foundation helping in understanding Sir
Shree Kokare’s speech. Similarity between Sir’s speech and Lee’s ideologies could be
identified as both are of the view that the role of forensic scientist it to serve as an impartial
witness before the court.

9
Isha Chauhan, Introduction to Tape Authentication- A Study of Acoustic Characters, 4, Trends Tech Sci. Res.,
1, 2-3 (2020).
CONCLUSION AND SUGGESTION
Forensic Science in India has evolved and improved exponentially over the years. The
speaker has educated us on the importance of forensics in not only enhancing evidence
scrutiny but also in ensuring a fair and impartial trial. The jurisdictions, divisions, and
procedures used have all been extensively examined in order to reflect advances in the area
and their usefulness in unravelling the knots of complex cases. However, there are a few
recommendations:

 The Psychology department of Forensics have to be developed and the personnel’s

should be given proper training, facilities and infrastructure
 In rape cases, the victim should be offered Forensic nurse where the personnel is
guided to treating the victim in better and humane manner while collecting evidence
 A proper storage structure for DNA profiling must created along with a secured
manner of collection of such evidence
 Given the dynamic nature of the Cyber sector, there is a need to educate and build
proper infrastructure for Cyber forensics, as well as ongoing research initiatives.
 Narco analysis should only be employed in the most extreme of circumstances after
carefully evaluating the risks, as it can violate one's right to privacy and has been
rejected by legal systems all around the world for being harsh.

ROLE OF MEDICAL AND EXPERT EVIDENCE IN OFFENCES AGAINST WOMAN

BY MS S. PADNEKAR

CRITICAL ANALYSIS

Meaning of Forensic Medicine

The speaker referred Forensic Medicine to examination in case of offenses against person.
Here the definition given by the speaker is not expansive as Forensic Medicine actually refers
to the “examination and assessment of individuals who have or suspected to have been injured or
killed by external influence like intoxication or trauma, but also of those who are suspected of
having injured another individual”.

This definition is inclusive of both the suspect and the victim and also broadens to includes
examination of cases of accidental death and suicide.10

Duties of Medical Officer

The medical officer is approached by the prosecution side to prove their case. Even if the
opinion of the doctor is slightly skewed the evidence is permissible in court 11. The speaker
focuses on the outmost care that needs to be taken in ensuring that there is not presence of
bias or errors in the opinion given as there is heavy reliance on the information in identifying
the chain of events and the cause of death. The medical officer also play a crucial role in
determining the degree of offense, for example, differentiating hurt from grievous hurt.

As stated in the rules, the medical officers must have recognized expertise and qualified in
the field required as the defence often questions the credibility of the officer in court 12. the
opinion given as to be clear, unambiguous and relevant to the facts of the case. The opinion
has to supported with sufficient scientific rationale and logic based on which proper
inferences can be drawn by the court and the investigation body13

The importance of and reliance on the medical opinion increases in offenses relating to
murder and rape as there is mostly to witnesses in such type of offences and it is only through
autopsy and tests the chain of events can be identified.14

Admissibility of Expert Opinion

Admissibility of expert evidence is covered under section 45 to 51 of the Evidence Act which
covers the list of the experts. In order to admit the opinion, the knowledge and skill of the
expert in the particular field have to be proved. 15. But the expert failed to mention that the
expert opinion is used as a corroborative evidence and is neither substantive nor binding16.

10
FREEMAN AND ZEEGERS, FREEMAN, FORENSIC EPIDEMIOLOGY: PRINCIPLES AND PRACTICE 230 (2016).
11
Shanabhai Madhurbhai Koli Patel v. State of Gujarat, 2004 Cri LJ 268 (Guj.)
12
Rajagopalan and Roja K, A Critical Analysis Of Admissibility Of Medical Evidence, 120, Int. J. Pure and
Applied Math., 971, 972-973 (2018).
13
Ward, T, Explaining And Trusting Expert Evidence: What Is A ‘Sufficiently Reliable Scientific Basis’?, 24,
The Int. J. of Evidence & Proof, 233, 240-242 (2020).
14
Vepa P Sarathi, Historical Background of the Indian Evidence Act, 1872, 1, J. of Ind. L. Instit., 1, 25 (1972).
15
State of Himachal Pradesh v. Jai Lal, AIR 1999 SC 3318.
16
Khyall v. State, 1980 ALJ 230.
Section 293 of the CRPC provides the lists of Government appointed scientific experts for
example Chemical Examiner to the Govt or Serologists etc. The court also has the power to
examine these experts regarding the subject matter provided and they can be asked by the
Court to admit or deny document/evidence submitted by either of parties, as given under
Section 294 of the code. The report submitted by the expert is an admissible evidence in trials
and other court proceedings.

Presentation of Evidence

As mentioned by the Ma’am, there is procedure in dealing with expert evidence. After
receiving a summons, the expert must present in court at the appointed time. The evidence is
examined for inconsistencies that could render it untrustworthy 17. The sequence of
presentation in court is as follows:

Oath Administered Direct Examination Cross-examination

under Sec. 51 of under Sec 137 of under Sec 141-146
IPC Evidence Act of Evidence Act

Questiond by the
Re-examination
judge under Section
under Sec 138 of
165 of Evidence
Evidence Act
Act

If the expert is using any new of advanced techniques the permission for its use must be taken
from the court along with proper justification for its need. As mentioned by Ma’am, in
offenses against women DNA testing anf blood sample analyses play a very important role

Landmark Cases

Ma’am discussed important cases where Serology reports were held to reliable evidence used
for conviction of rape. In the case Om Prakash v State 18 the blood marks along with the tear
marks on the prosecutrix were examined and the court upheld the report. In Solanki
Chimanbhai Ukabhai v. State of Gujarat 19 the conviction by the Apex court was entirely
based on the medical experts’ report. She also highlighted that in instances of contradictions

17
Dr. AD Aggarwal, Medical Witness & The Indian Courts, 7, JPAFMAT, 20, 21 (2007).
18
1987(1) Crimes 645 (Del).
19
(AIR 1983 SC 484: 1983 Cr. L. 822)
the court takes into consideration the evidence which is in tandem with either the direct
evidence or with the deposition of the prosecutrix20

LITERATURE REVIEW
1. WEITZER, RONALD. “SEX TRAFFICKING AND THE SEX INDUSTRY: THE
NEED FOR EVIDENCE-BASED THEORY AND LEGISLATION.” The Journal of
Criminal Law and Criminology (1973-), vol. 101, no. 4, 2011

Adults who sell sex willingly and with assistance are considered trafficking victims in the
United States. Human trafficking involves children or adults who are subjected to coercion,
deception, or force, and attempts to raise international awareness of the problem, as well as
prosecute perpetrators and assist victims, are significant achievements. The author in the
present paper highlights the type of offence and the conditions based on which the law will
apply

2. IAN FRECKELTON, FETAL ALCOHOL SPECTRUM DISORDERS, EXPERT

EVIDENCE AND THE UNRELIABILITY OF ADMISSIONS DURING POLICE
INTERVIEWS, 23 (2) PSYCH & LAW 173 (2016).
In a more recent paper, Freckleton QC addresses the Privy Council's judgement in Pora v The
Queen and comments on the Court's approach toward expert witnesses. A forensic
psychologist served as the expert in this case. Throughout their depositions, the Court
specifically urged expert witnesses not to stray from their areas of expertise. According to the
author, expert testimony that extends beyond the subject of the case may cast doubt on the
expert witness' objectivity and jeopardise their testimony's admissibility. Similarly, the author
highlights the value of a balanced professional opinion from a mental health practitioner in
preventing a miscarriage of justice.

CONCLUSION AND SUGGESTION

Medical evidence is essential for ensuring 'equitable justice' in cases involving women. The
horrors of the Nirbhaya and Hathras rape cases further add to the necessity to keep such
evidence in high respect. In an adversarial system, such as the one practiced in India, the
prosecution must prove the accused's guilt beyond a reasonable doubt, and expert evidence
plays a critical role in this process. It is distinctive since it is based on science and
technological expertise rather than hearsay. This evidence has been accommodated by the
legislative framework, and the judiciary has contributed to the evolution of expert opinion
20
Piara Singh v. Territory of Punjab,
and medical evidence throughout time while keeping societal developments in mind.
However, there are a few suggestions as follows;

 Despite the fact that medical personnel are regarded expert witnesses, their testimony
must be limited and given no special weight. The testimony should be scrutinised, and
any mistakes should be punished.
 From undergraduate through postgraduate levels, medical officers must be educated
and trained in dealing with crimes against women. Uniform professional medical
guidelines must be provided, as seen in countries such as the United States.
 Expert witnesses should be required to sign a "witness code of conduct" that outlines
the basic requirements for medico-legal reports as well as court impartiality.

OVERALL CONCLUSION AND SUGGESTION

The outline of forensic science lecture provided many helpful insights as the distinguished
speaker explored into the field's several disciplines. The speaker clarified the meaning of
forensic science while highlighting its importance in solving crimes. However, the
jurisdiction of forensic agencies and laboratories demonstrates that there is still a long way to
go in terms of building additional forensic facilities in rural and distant locations. However,
scientific breakthroughs in areas such as ballistics, chemistry, and DNA demonstrate that we
are on the right track to keeping up with the worldwide forensic arena.

But there should be further discussions on the issues faced while dealing with the reliability
of the forensic science. In the absence of any statistics indicating errors, a proper database
and comprehensive ethics code the veracity of the evidence given can be questioned.

The lecture on the Role of Medical and Expert Evidence shed insights on the expert opinion's
evidential value. The eminent speaker shared her knowledge of the technique used in court
when the prosecution uses it to show the accused's guilt. The medical officer's responsibilities
and credentials were extensively explored.

However, such discussions should also include the implications of failing to examine medical
evidence properly, the restrictions on admitting expert witness comments, and a strict set of
principles to assist experts in their reports and depositions.
 RESEARCH OUTLINE

IMPLICATIONS OF DNA PROFILING AND PROTECTION OF PRIVACY

(The research is part of a group assignment and this is the part which I conducted research
on)

INTRODUCTION
DNA profiling is a technique for identifying a person at the molecular level. In recent years,
the use of DNA evidence in criminal investigations has increased. Law enforcement agencies
has used DNA testing to identify suspects and solve complex crimes including rape, murder,
and murder with rape. When the father is not available, the potential of DNA typing has
allowed for the resolution of immigration issues and complicated paternity testing. Rapid
identification of individuals in mass disasters (man-made disasters such as explosions) has
also been possible using DNA typing. In some nations, a computerised DNA database for the
identification of criminals has been constructed

In India, the DNA mapping technique is slowly gaining popularity. The problem arises in the
lack of regulations in the present field. The opinion of the Indian Courts has been varying on
case to case basis regarding the application of DNA mapping in the criminal and civil
matters. the usage of DNA as evidence is permitted in the court of law under section 45 of the
Evidence Act, but the in instance of lack of proper legislation the individuals rights is severly
curtailed and the risk of violation of right to privacy have been increased. However, this does
not indicate that one does not have any legal recourse in instances where they were forced to
participate in the DNA mapping procedure. The recourse is only available by relying on the
constitution and court precedents. Further, the legislative stand taken by the US and UK will
also be analysed to understand the types of remedies available and the changes needed

REMEDY
When it comes to privacy, the K.S. Puttuswamy v. Union of India 21 plays an imperative role
as the court lays down tests to determine whether there has been infringement of right to
privacy and if it amounts to violation of Article 21 or not. Further in the case of Ashok
Kumar v. Raj Gupta22 the court directed the court to refrain from directing the conduction of
DNA tests, especially in instances where other forms or less intrusive and practical ways are
available. Thus here the courts gave more importance to individual privacy than production
of DNA evidence.

The recourse available to an individual is to file a complaint under article 226 before the High
Court stating violation of fundamental right to privacy and right against self-incrimination.
Here, the person also has the option to approach the Supreme Court under the right
guaranteed by Article 32. These to recourses are alternative in nature and hence the
individual cannot approach both the courts at the same time. The remedy can only be sough
in a case to case basis because of ambiguity in the court stand and also due to the absence of
any proper legislation.

REFERENCES
 The law of genetic privacy: applications, implications, and limitations, by Ellen Wright
Clayton, Barbara J Evans, James W Hazel, Mark A Rothstein, Journal of Law and the
Biosciences, Volume 6, Issue 1, October 2019, Pages 1–
36, https://doi.org/10.1093/jlb/lsz007
 DNA Fingerprinting Current Perspectives and Challenges in India – An Analysis by
Kirubakar Radhakrishnan ,Tamilnadu National Law University, Volume II – Issue II,
2019
 Regulation & Use of DNA Profiling in India by Rebant Juyal, QMLJ (2021) 2, 36
DOI: 10.26494/QMLJ3940

21
(2017) 10 SCC 1.
22
AIR 2007 SC 74
 LAW COMMISSION OF INDIA Report No.271 Human DNA Profiling – A draft
Bill for the Use and Regulation of DNA-Based Technology July, 2017
 Sheldon Krimsky & Tania Slmoncelli, (2011) Genetic Justice: DNA Databanks,
Criminal Investigations, and Civil Liberties, Yale Law Review, Vol 212.