JAMIA MILLIA ISLAMIA

Faculty of Law

Project

(Criminology and Penology)

Role of Forensic Science to Nab the True Offender

Submitted to:

Rasheed CA

Submitted by:

Aditya Kumar

B.A.LL.B (Regular)

Batch:2018-23
Introduction

The progression in the field of logical and mechanical development, financial change,
populace development, simple admittance to logical information, quick correspondence and
transport offices have certainly changed the shape and usual way of doing things of the
advanced refined wrongdoings. In a nation like India, where a significant lump of populace is
as yet uninformed, social arrangement is heterogeneous, presence of stressed police-
advertising, extensive and confounded procedural fights, uncontrolled destitution and
joblessness, function of cash and muscle power, the onlookers regularly turns threatening, for
one explanation or the other, consequently debilitating the arraignment case and the
advantage of uncertainty effectively goes frequently to the hoodlums. This has represented a
genuine test to the successful criminal equity conveyance framework. Consequently, an
itemized examination in regards to the nature and extent of these new rising procedures of
scientific science with uncommon reference to DNA testing, Narco-Analysis test, Polygraph
test and their acceptability will be attempted by the unassuming analyst. Wrongdoing is
unavoidable in any general public and is as old as the human development itself. Normal
practices were fundamentally set ready for distinguishing the demonstrations of the
individuals, if they somehow managed to live respectively. The conspicuous point was to
distinguish those individuals who don't follow the set standards, to rebuff them and isolate
them from the standard consequently keeping the general public liberated from the danger of
culpability1. This offered ascend to the way toward discovering and inquisitive the offense
and the board of unlawful issues, which, thusly, prompted the foundation of establishments
for the examination just as indictment, consequently conferring reasonable and unprejudiced
equity. At first, the criminal equity conveyance framework intensely relied upon the
declaration of observers to the wrongdoing. Be that as it may, the sole reliance on "onlooker"
didn't demonstrate extremely successful, as a general rule, they were found to turn unfriendly,
because of the danger of life or draw of cash. Subsequently it needed appropriate consistency
and coherency separated from the best possible need of significant declaration which was in
fact a major obstacle to the equity framework. The wrongdoing agents at that point
supposedly depended on "an exhaustive round of questioning strategies" for cross
examination of the suspects to draw out reality, either by snare or by hooligan. They were
viewed as barbaric, the same number of honest individuals endured, both genuinely and
mentally. Meanwhile, part of logical explores and advancements occurred, and it was then

1
Tom McEwen, “The Role and impact of forensic evidence in the criminal justice system” 95, Journal of
Institute for Law and Justice (2006)
understood that the cutting-edge logical methods could maybe give snappy answers for an
enormous number of issues of individuals during the time spent wrongdoing examination.
Along these lines for the examination of such violations and carrying the guilty parties to
book through the criminal cycle, it turned into even more fundamental to demonstrate that a
wrongdoing has been carried out and furthermore to deliver sufficient confirmations on the
side of the usual way of doing things in which the wrongdoing has been really perpetrated
and the offender included in that. The cycle of wrongdoing identification and get-together the
evidence with the view to punish the culpable just as ensuring the chaste had been an
unpredictable errand performed by the law implementation offices. With the approach of
present-day times, when logical and innovative advances began assuming a significant
function in essentially varying backgrounds, the strategies for utilizing the information
identifying with the different science disciplines in wrongdoing examination work
additionally came to be found. Throughout the long term, the use of logical techniques in the
request of the wrongdoing has formed into an undeniable field of specialization known as
Forensic Science. Subsequently Forensic Science assumes an incredibly noteworthy function
in the examination of different kinds of violations. Measurable Science isn't just a basic
instrument to analyze the location of event and wrongdoing display in the Laboratory yet
additionally contributes a noteworthy part in the statement of the master proof in the official
courtrooms in our Criminal Justice System. Subsequently, Forensic Science is generally
related with men, places and time in criminal examinations and preliminary. 2 The materials
which are distinguished are then contrasted and the cycle and ultimate result of Forensic
Science. Subsequently Forensic Science holds all things considered all parts of science and
applies to law. Initially all the strategies were obtained from different controls, similar to
Physics, Mathematics and Chemistry, however in the previous barely any years it has built up
its own branches, which are pretty much only the spaces of Forensic Science.

Objective of the study

In the current examination, the job and hugeness of legal science with uncommon reference
to DNA Testing, Narco-Analysis test and polygraph test in India would be profoundly broke
down finally. The examination is guided with two significant targets: Firstly, how the

2
Nala Rogers, Vocal ‘fingerprints’ could help nab crime available at:
https://www.sciencemag.org/news/2016/03/vocal-fingerprints-could-help-nab-criminals (Last Modified on
March 10, 2016)
Forensic Science including DNA test, Narco-Analysis test and Polygraph test are ending up
being a compelling device during the time spent wrongdoing examination and Secondly how
the legal researchers work personally with the police and examination officials, individuals
from the lawful calling before whom they in the end show up as a free master observer during
the time spent explaining the puzzle of the wrongdoing and last administration of equity. In
India, statements and witnesses are used as a source of evidence, and those who are found
guilty are then prosecuted. Forensic science services could, therefore, be the most important
crime-fighting instrument for law enforcement.

Forensic Science and its Scope

Forensic Science is depicted as "applying science to resolutions established in criminal equity

by law requirement offices." Forensic Science is worried about the utilization of logical ideas
and techniques for the different science orders to lawful issues. The verification investigation
comprises of various zones, for example, humanism, physical science, criminological science
and science, DNA profiling, software engineering, and designing. Material science, for
instance, is utilized to comprehend the outline of a blood scattering; organic chemistry tries to
reinforce the reason for an unconfirmed suspect, and science encourages us to discover the
compound creation of various medications. Criminological science is an incorporation of
virtually all logical abilities and goes about as a basic and qualified apparatus that makes the
administration of equity conceivable in criminal, common, authoritative, and social settings.
It assists with portraying the entirety of science's applications in tending to the inquiries of
lawful essentialness. Criminological science is presently a profoundly progressed research
strategy utilized in criminal and common examinations, ready to address basic inquiries and
an indispensable aspect of the criminal equity framework. It incorporates all famous
procedures, for example, the investigation of fingerprints, DNA examination, ballistics and
explosives, guns, culture, and so forth.3

3
Martin Enserink, Forensic avialble at: https://www.sciencemag.org/topic/forensics Last visited on 21 Oct,2020
Parts of Forensic Science4

1. Forensic Odontology

Forensic dentistry assists in identifying victims when the body is left in an unrecognizable
state. This is accomplished by examining their teeth, mouth alignment and overall mouth
structure. Forensic dentists or odontologists aid with a person’s comparative identification by
analysing the teeth’s growth and anatomy, and any restorative dental corrections such as a
filling. This is also used for bite mark analysis in criminal investigations.

2. Forensic Toxicology

Chemicals legally recognized as having the abuse potential are considered controlled
substances. This includes illegal drugs like cocaine or heroin and prescription medications
like oxycodone. Detecting and recognizing these controlled drugs play a vital role in helping
law enforcement authorities combat opioid addiction and drug-based violence. Forensic
Toxicology includes biological sample processing in order to test for the existence of toxins
and medications. This forensic science division is of vital importance in road accidents,
poisoning, sexual assault etc. The toxicology reports provide crucial details on the existence
of an incidence-related drug present in a person. This also determines whether the amount of
substances absorbed by a therapeutic dose is normal or exceeds the acceptable standard.
Because new types of drugs are being created every day, this branch of forensic science is
continually changing and demands an up to date approach.

3. Forensic Anthropology

This deals with the examination of damaged human remains or skeletons to assess age,
height, gender and ethnicity. It also helps by recognizing and evaluating injuries, if any, to
determine the time elapsed since the time of death. The research offers useful leads on victim
identification, especially in cases where the bodies are beyond recognition.

Impression and Pattern Evidence

4
Types of Forensic Investigation available at: https://www.pinow.com/investigations/forensic-investigations
Last visited on 21 Oct-2020
Evidence for impression is the evidence produced when two objects come into contact with
sufficient force to produce an “impression.” This can include a two-dimensional impression
such as a fingerprint, or a three-dimensional impression such as a bullet mark. Examination
of pattern proof requires finding and evaluating additional details within a given perception.
When used in conjunction, impression and pattern evidence can help in establishing vital
links between a suspect/tool to a crime scene.5
Forensic Pathology and Medicolegal Death Investigation
Forensic pathology helps with the examination of the corpse in determining the cause of
death. Forensic medicine requires gathering and examining medical samples in order to
deduce facts which are admissible in court. Identification of wound patterns, for example, can
aid in identifying the weapons used to inflict the wound. Furthermore, forensic pathologists
may investigate weapons or other projectiles in deaths involving exit and entry wounds. For
this purpose, a forensic pathologist may draw critical inferences as to whether death is
natural, criminal or accidental.
Trace Evidence
Examples of trace evidence include substances such as fibres, dirt, hair, bullet residue, wood,
and pollen. It derives its name from its ability to be easily transferable in the course of a
crime between objects, people or climate. Trace evidence also plays a crucial role in linking
the perpetrator to the victim. For example, a soil sample taken from a victim’s shoes may
provide vital clues as to the location of the crime and thus help identify the perpetrator.

Cyber Forensics
Cyber Forensics includes the study of electronic data and physical storage devices such as
pen drives, hard disks, etc. Its main purpose is to recognize, store, retrieve, evaluate, and
present facts and opinions on digital content. This is mostly used to prosecute cybercrimes, as
well as civil events. Cyber Forensics has been in use in criminal law since the mid-1980s,
with some notable cases being the murder case of Sharon Lopatka, the conviction of Dennis
Rader, Dr Conrad Murray – personal physician of Michael Jackson, and Joseph E. Duncan
III.

Ballistics

5
Moe Greenberg, 5 types of pattern evidence 23, Police1 By Lexipol (2014)
Ballistics is a technical forensic science dealing with motion, actions, movement, angular
motion, and projectile impact, such as bullets, rockets, missiles, bombs, etc. Ballistics were
used mainly in criminal investigations. Examination of the bullet found at a crime scene, for
example, could show the type of gun used to fire it, and whether it was involved with any
other crime in the past. In fact, the ballistic specifics are recorded in a vast database that the
law enforcement agencies around the globe can access.
Role of Forensic Science in Criminal Investigations
Forensic science is an important feature of the criminal justice system. Essentially, it deals
with exploring the scientific and physical clues collected from the crime scene. Forensic
science describes the suspect’s distinctive nature which committed the crime. The evidence
clearly points out the essence of the crime that was committed. The circumstantial evidence
even refers to the time of the occurrence. The forensic evidence indicates where the crime is
located. The forensic investigation even follows the offender’s process.6

Finally, the motive behind the crime comes to a close. Forensic analysts recreate the
peculiarity of the suspect and the victim. A forensic scientist’s roles and obligations in a
criminal case are important as it includes carefully analysing the evidence with sufficient
diligence so that it is not manipulated. For example, forensic pathologists are skilled in
performing autopsies to determine the cause of death. An autopsy assists in assessing the
cause and manner of death by analysing body fluids and tissues. Forensic scientists analyze
physical evidence collected from the crime scene (fingerprints, blood, hair, etc.) to identify
suspects. Forensic experts also use resources for image manipulation to search for long-term
offenders who are absconding from the law. This method helps them to digitally age an
image and understand how the aged person will feel. In investigating a criminal act, a large
array of forensic science and forensic resources are involved. During the entire criminal
investigation, the evidence is collected from the scene of the crime or by a person who is an
eye witness to the complete event, which is further analysed in a forensic lab and then the
findings are reported to the judge. Every crime investigation is unique in nature and poses its
own challenges in each instance. Forensic science plays a significant role in the criminal
justice system by offering scientifically based knowledge through the study of the physical
proof, the identification of the perpetrator by personal clues such as fingerprints, footprints,
blood drops or ears, cell phones or any other devices, automobiles and arms.

6
Diganath Raj Sehgal, Forensic Science under Criminal Law, 13, Ipleader (2020)
Importance of Forensic Science in Law

The legal system clearly understands the role that forensic evidence plays in criminal trials.
This is because there isn’t much room for bias or discrimination while using scientific
techniques and methods. This is why profiling of DNA and a variety of other forensic
evidence are commonly recognized in courts around the world. Interestingly, the Chinese
(650 A.D.) dates back to the first forensic technique ever used that involved finger and palm
print recognition. Forensic testimony is commonly used across the world for both convicting
and exonerating suspects. Thus, forensic science labs have been mushrooming across the
globe over the past few decades. In addition, Special Acts have been passed to enhance the
delivery of forensic services in the US, Canada and Australia. This ensures greater certainty
in the detection of crimes, and consequently, rates of conviction may increase. Such Acts
place great emphasis on timely and high-quality crime scene management. The forensic proof
is often used for both defendants who have been convicted and acquitted. As a consequence,
the number of crime laboratories throughout the world has increased significantly over the
last couple of decades. Special acts have been implemented in the United States, Canada,
Great Britain and Australia in order to improve the forensic status of criminals and thereby
enable convictions to increase. They stress the timely and quality management of the crime
scene. In 1878, India set up the first official crime lab. Around 35 forensic labs now in the
country are limited to unique facts. The growing rank and file in the field of forensic sciences
and the fundamental role forensic evidence plays in numerous criminal cases has driven up
the increase in the numbers of criminals laboratories. A constantly evolving world raises the
burden on law enforcement agencies to collect better facts. The news media highlight the
importance of forensic science but also focus on errors in locating and identifying in high
profile cases. Expert testimonials offer an important informational source in international
criminal proceedings, and forensic expertise is no exception: the ad hoc trials and judgments
have been based on findings from exhumations and examinations. While issues relating to the
relationship between law and science have been explored within the domains of national
judicial systems, the mixed court system presents a solid debate with new contexts. An
officer with further forensic studies could be overconfident and unintentionally taint
evidence, making it inadmissible. Instead, given the current lack of adequate collection of
substantial evidence from the crime scene (if not trampled
underfoot and completely ignored), proper training will be more likely to improve the
situation rather than worsen it, if competent forensic science instructors are able to carry out
it.7

Conclusion

In the Indian case, greater focus was put on the use of these technologies in criminal
investigations and trials. Commissions appointed on criminal justice reforms have affirmed
that the introduction of crime detection technologies will enable the system to work
efficiently8. The related laws have been changed from time to time to make room for the use
of forensic technologies in investigating and prosecuting crime. And yet, it can be argued that
the regulations that need to be revised have current flaws. Also, due to their conservative
approach, the courts are reluctant to rely on empirical evidence, or other inherent flaws in the
evidence presented in court, which prevent them from relying entirely on it. Criminal justice
system’s primary motto is to have equal justice. The forensic proof is, no doubt, more
credible than eye testimony. Being a scientific method, forensic science is a boon to the
criminal justice system. To progress, we need to overcome the existing flaws. Around the
same time, there is a need to ensure that law enforcement and investigative agencies once
again understand and use forensic science as a holistic problem-solving resource to their full
potential. It is apparent that such a technique is incorporated within a context that enables an
understanding of the input that a particular form of evidence may provide meaningfully in
terms of sub-source, source, operation or offence-level proposals for a given collection of
case-specific circumstances rather than restricting it to a one-dimensional reactive procedure.
An interpreted means of evaluative monitoring of forensic science data pertinent to a specific
case but retained in the context of that case where alternate solution propositions can be
attended to and challenged correctly, works to fulfil this problem-solving prospects. Such a
method has been developed by the Association of Forensic Science Suppliers among others.

7
Richard Dones, “What is Foresnic science” available at: http://www.forensicmed.co.uk/science/forensic-
science/ Last Modified on 2015
8
Sisnisa Franjic, “Legal Aspects of Forensics available at: https://www.peertechz.com/articles/FST-4-111.php
Last Visited on 24th Oct,2020