‘In Reality, those rare cases with good forensic

evidence are the ones that make it to court’

HANDWRITING

Submitted To: Submitted By:

Dr. Ajay Ranga Kushaldeep Kaur
Assistant Professor B.Com L.L.B (Hons.)
UILS, Panjab University Section -C
Roll no.- 151/14 (12628)

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 ACKNOWLEDGEMENT

I would like to express the deepest appreciation to my teacher, Ms. Karan Jawanda who was the
attitude and substance of genius and an excitement in regard to teaching. Without her guidance
and persistent help this project would not have been possible

I would like to present my gratitude to my fellow mates in helping me to make this project and
assisting me to present a wonderful work.

The same was a learning experience and a deepest insight into the topic given i.e. Procedure of
Appeal and Powers of Appellate Court

Above all I would like to thank God to keep in a position to make this assignment.

Name: Kushaldeep Kaur

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 Certificate of Originality

This is to certify that the paper submitted by me is an outcome of my independent and original
work. I have duly acknowledged all the sources from which the ideas and extracts have been taken.
The project is free from any plagiarism and has not been submitted elsewhere for publication.

Name of Author: Kushaldeep Kaur

Designation: Student
Affiliated Institution: Panjab University
Email: lizamanchanda97@gmail.com
Contact No.- 8556906360

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Table of Contents
Introduction ..................................................................................................................................... 5
Factors affecting the Handwriting of person .................................................................................. 7
General Qualities ........................................................................................................................ 7
Writing Habits ............................................................................................................................. 9
Individual Characteristic ............................................................................................................. 9
FORENSIC HANDWRITING EXAMINATION ........................................................................ 11
To establish the genuineness of the document .......................................................................... 11
Determination of the ink used ................................................................................................... 11
Examination of Handwriting..................................................................................................... 11
Evaluation- ................................................................................................................................ 12
Verification- .............................................................................................................................. 12
Conclusions in the Handwriting Comparison ............................................................................... 13
Limitation of Forensic document examination ............................................................................. 14
Evidentiary Value of Handwriting Expert Report in India ........................................................... 15
Bibliography ................................................................................................................................. 17

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 Introduction

Handwriting is known to be one of the most significant part of the individual’s identification. It is
a complicated process and it takes time to develop the coordination of arm, hand and finger
movements necessary to write script. Writing skills take a long time to develop in a person and as
such they tend to exert a strong influence on the writing of the person. It is difficult to change
movements quickly in order to create different style letters and it is for this reasons that the
handwriting of a mature individual is identifiable. Handwriting is a form of forensic science that
is somewhat unique, with DNA or fingerprints we can have an absolute identification of the
individual. However, handwriting is subjective in nature, most of the times it varies even within
the same writer or written document. Thus, it would be no wrong to say that handwriting is one of
the unique features of an individual.1

In forensics, Handwriting examination is one of the most effective tools in plethora of civil and
criminal cases. For example, if a suicide note is there, in order to establish whether that note was
written by the one whose death is in question, the known handwriting samples of the person would
be analyzed. Similarly, in cases of forgery, forged signature and white collar crimes forensic
examination of documents is crucial to establish the truth.

Today with the advancement of the digital technology, on one hand the forensic document
examiner are equipped with sophisticated technology to peer into the visible and invisible marks
on an document and extract the relevant information which is crucial to the investigation and on
the other hand it has posed the new challenge before them as the availability of various software
like Acrobat, Photoshop and others has made it easier for the criminals to manipulate and create
all types of documents.

The principle of Handwriting Identification can be stated as follows2:

“When any two items possess a combination of independent

discriminating elements that are similar and/or correspond in

1
Larry F Stewart, “The Process of Forensic Handwriting Examination” 4(5) FRCIJ 00126 (2017)
2
R. A. Huber and A. M. Headrick, “Handwriting Identification: Facts and Fundamentals”, CRC Press, 1999

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 their relationships to one another, of such number and
significance as to preclude the possibility of their occurrence by
pure coincidence, and there are no inexplicable disparities, it
may be concluded that they are same in the nature or are related
to a common source.”

This principle postulates about how to evaluate the similarities and what procedure is to be
followed. Before discussing the procedure we need to understand certain premises on which
handwriting analysis is based upon. These are as follows3:

1. No two persons write exactly the same: This supposition is based on the non proven statistic.
It is impossible to test everyone alive along with everyone who has previously died to see if
anyone has extended handwriting that is completely identical. Short period of writing may be
similar, but extended writings will always show sufficient deviation from the textbook design
to allow for individualization
2. Person never writes the signature or extended writing exactly the same: This is based on
our motor skills and is identifiable through slants, terminals, loops etc.
3. Subjective Evaluation: The handwriting examination is subjective in nature as the final
decision depends upon the expertise and experience of the examiner. This is possible since
every examiner has different set of procedure to evaluate. However, this does not imply that
results of evaluation will be inaccurate or unreliable.

3
Larry F Stewart, “The Process of Forensic Handwriting Examination” 4(5) FRCIJ 00126 (2017)

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 Factors affecting the Handwriting of person

1. Class characteristics- These implies the features that are found in the writings of groups of
people.
2. Individual Characteristics- These are the features that are attributable to only one writer. There
are various factors that affect the individual characteristics of a person’ handwriting. For
example, some writers have more dexterity while writing and some have better arm and hand
coordination while writing. More skilled the writer is, more identifiable would be the
individual characteristics. Handwriting is also influence by the physical condition of the
writer. The factors can be temporary, static or progressive, for e.g. alcohol, drugs, paralysis,
age or illness.
The position of the writer can also affect the writing, the writing surface is again a major
factor and the writing instrument also has a great impact on the writing of a person.

Handwriting of an individual is identified by a careful study of personal features. They are:

1. General Qualities
2. Writing Habits
3. Individual Characteristics

General Qualities4
The following qualities are noted and compared:

a. Pictorial Effect- The pictorial effect of a writing shows the skill of the writer. The
handwriting may be clumsy, artistic, forceful, hesitating, labored or nervous. A clumsy
handwriting indicates little writing experience. The illiterate or semi-literate person tends
to write clumsy. Artistic handwriting indicates at the artistic bent of mind. Forceful writing
is found in persons who write with abandon. Hesitating and labored writing is by persons
who are ill, old or feeble and with most of the forgers. The pictorial effect is the general

4
Dr. B.R Sharma, “Forensic Science in Criminal Investigation & Trials” (Universal Law Publishing, Gurgaon 5 th
Edition 2014) page no. 697

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 appearance of the writing. A forger, if he is to succeed must imitate the pictorial effect,
hence one should not go with the pictorial effect of the handwriting.
b. Rhythm- Rhythm is found in handwritings of educated persons with ample writing
experience only. Rhythm is indicated by the flow of the writing, correct line quality and
punctuation and proportionate formation of letters and figures. It is the product of a lot of
writing and thus cannot be imitated.
c. Style- It depends upon the initial training but it gets modified according to individual
whims and adoptions of certain forms which appeal to the individual. It may be round,
angular or a mixture of the two.
d. Movement- The writing may have been executed with the movements of the fingers, the
wrist, the forearm, the whole arm or a combination of some of these.
i. The writing by movements of fingers alone is slow, the size of the letters is small
and rhythm is usually absent. School children or illiterate usually write this way
only.
ii. In writing with a hand movement the wrist acts as a fulcrum. The result is a slow
and labored writing.
iii. The use of forearm and hand movements for writing is common with most of the
writers who write with the speed, the writing is smooth and symmetrical.
iv. The whole arm movement writing is possible when the arm does not rest on a
support. The writing is usually large and clumsy. Most of the experienced writers
combine finger, hand and forearm movements.
e. Pen position- the pen may be held at an angle to the writing surface, varying from 15o to
90o. Usually it is held at about 60 degrees. The angle of the pen with reference to the base
line also varies and it is useful in the identification of handwriting.
f. Line Quality- the line written by an experienced writer are smooth and uniform. The
starting, finishing and embellishment strokes are natural and smooth. Connecting strokes
are uniform and continuous except where the writer habitually lifts the pen to complete or
modify the letters. In forged writings there are frequent pen pauses, pen lifts and hesitation
marks.

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Writing Habits5
Writing habits are formed in the long process of learning and using a language. The followings are
the main features:

a. Headings- Some writers give headings to their writings not only at the top but to the
paragraphs also. The way of introducing and concluding a subject also have personal
characteristics.
b. Pet Words and Phrases- some writers are in habit of using certain pet words and phrases
which are unique feature of their writing and important aspect of identification. This is
more relevant in psycholinguistic analysis.
c. Paragraphing- This habit depends upon the person’s education and use of language. The
accuracy, frequency and the sizes are important in identification process.
d. Spacing- spacing of the words in a line, of lines in paragraph and of paragraphs in a text
are valuable points to be studied. Space left as margins on the left and the right hand sides
are characteristic of an individual.
e. Alignment- Text Alignment with respect o the imaginary base line and with other lines, of
signatures with the base line and of various line in an address are distinctive features of a
writer. Alignment of letters in signature, inter se, is highly characteristic habit.
f. Punctuation- The shape of the punctuation marks, their position and frequency, the choice
of a particular punctuation, underscoring and bracketing are all characteristic of writing
habits of a writer.
g. Figures and Abbreviations- The arrangement of figures, use and frequency of abbreviations
and the choice of certain letter formations are all products of habit.

Individual Characteristic
The individual characteristic are most important in identification of the writing and they must be
studied carefully.

5
Dr. B.R Sharma, “Forensic Science in Criminal Investigation & Trials” (Universal Law Publishing, Gurgaon 5th
Edition 2014) page no.701

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 a. Pen Pressure- The pen pressure varies from person to person. Some writers write with
heavy pressure, some put pressure on certain words or letters to give emphasis and some
write with light pressure which is usually smooth and rhythmic.
b. Shading- Shading in writing may be continuous, graduated or impulsive. It is not easy to
imitate the shading pattern and most of the times forger imitates the shading through
retouching, which could be easily detected. In ball pen writing, shading do not have much
reference.
c. Slant- The important feature of handwriting is slant. Certain questions like which direction
is the slant? Are strokes made right to left or left to right? Is there no slant at all? Are the
slant characteristics consistent, are important while examining. However, this feature can
only be recognized in long letters and it is difficult process.
d. Size- the relative size of the letters and words become almost fixed with the passage of
time and becomes the unique feature of a person’s handwriting.

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 FORENSIC HANDWRITING EXAMINATION

Forensic Handwriting examination is the analytical process of detecting regularities and

singularities of a handwritten text to assess the identity of the writer. Also, it is carried to establish
the genuineness and the authorship of the document. The identification of handwriting is the most
important branch of document forensics.

To establish the genuineness of the document- The first and foremost step in examining the
document is to check the genuineness of the document, both questioned and known writings. The
aim is to establish that no alterations, additions, obliterations or erasures appear. These changes
are not visible to the naked eyes and are often detected by using photography and other imaging
devices that use ultraviolet and infrared wavelengths of light. Using radiation filtered at various
wavelengths, an imaging instrument such as a video spectral comparator (VSC) can reveal writing
that has been added with a different ink, or has been altered or removed by exploiting variations
in the way different inks respond to different wavelengths of light. For example, under certain light
sources combined with an infrared filter, a document containing information written in ink that
has faded over time may be enhanced or processed to appear darker and therefore more legible.6

Determination of the ink used- The next step in examination is to determine the composition of
ink used in writing. This could be done by an examination called liquid chromatography wherein
the chemical composition of the ink is identified. A small cutting from the questioned document
is dissolved and analysed.

Examination of Handwriting7- The examination of handwriting involves two things, one is the
known handwriting sample and the other is the questioned document. Once it is determined that
both the questioned and known writings are suitable for examination, then the side by side
comparison is done. Comparison of writing samples takes into consideration variety of

6
Antonio Parziale et.al., “An Interactive Tool for Forensic Handwriting Examination. Proceedings of International
Conference on Frontiers in Handwriting Recognition”, ICFHR. 2014. 10.1109/ICFHR.2014.80.

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characteristics as discussed above in detail. The examiner observes the various features exhibited
in the bodies of the writing to determine if significant similarities or differences exist.8

Evaluation- The next step in the methodology is evaluating the nature and combination of the
characteristics observed during the comparison process. This evaluation is based on the examiner’s
training, knowledge and experience. To identify a body of writing with a particular writer, the
examiner must find significant characteristics in common between the questioned and known
writing, while observing no significant differences. Each characteristic may not be unique when
considered individually, but when coupled with other observed characteristics, the writing is then
considered unique to a particular writer. To eliminate a writer as having prepared a questioned
writing, an examiner must observe significant differences between the questioned and known
writing.9

It is not always possible to render an opinion of identification or elimination based on the nature
of questioned and known writing provided for the examination. These limitations include:
(discussed in detail later)

1. Evaluation of photocopied specimen, which yield poor detail and clarity and prevent the
examiner in assessing the line quality, strokes, letter formations etc.
2. Distorted or disguised writings which does not exhibit the normal characteristics of writing
of the writer.
3. Limited questioned or known writing, which may not allow proper assessment of skill level
and identifying characteristics.
4. Lack of comparable known writing, which does not allow for a thorough comparison of
the characteristics observed in the questioned writing.
5. Prior chemical testing on the document, which may hamper subsequent examinations.

Verification- in this step the other qualified examiner evaluates the writing submitted for
comparison using the methodology previously described.

8
Diana Harrison et.al, “Handwriting Examination : Meeting the Challenges of Science and the Law”, 11 FSC (2009)
9
Ibid

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 Conclusions in the Handwriting Comparison:

1. Identification- A determination that the questioned and known writing were prepared by the
same writer because of agreement in individualizing characteristics. This is the highest degree
of confidence expressed by document examiners in handwriting comparisons. The examiner
has no reservations whatever, and although he is prohibited by the Court from using the word
Fact he is certain, based on the evidence contained in the handwriting, that the known writer
actually wrote the writing in question10.
2. May Have (Qualified Opinion) - Indications that the specimen being compared were prepared
by the same writer. The conclusion is based on the prevalence of characteristics in common
between the specimens being compared. However some doubt or lack of agreement in detail
is observed, usually because of some limitation or the presence of characteristics observed in
the questioned writing that could not be explained on the basis of the available known writing.
3. No Conclusion- This is the zero point of the confidence scale. It is used when there are
significantly limiting factors, such as heavy disguise in the questioned and/or known writings
or a lack of comparable writing, and the examiner does not have a leaning one way or the other.
4. May not have (Qualified Opinion)- Indications that the specimen being compared were not
prepared by the same writer. This conclusion is based on the prevalence dissimilarities between
the specimens being compared. However, some uncertainty remains, usually because of some
limitation, the presence of some significant characteristics in common or the presence of
inconsistencies or characteristics observed in the questioned document that could not be
explained as differences based on the available material.
5. Elimination: This, like the definite conclusion of identity, is the highest degree of confidence
expressed by the document examiner in handwriting comparisons. By using this degree of
confidence, the examiner denotes no reservation in the opinion that the questioned and known
writings were not written by the same individual. Often, this is the most difficult determination
made by a document examiner, especially in limited writings, such as single signatures, when
the only known writings are those provided by the suspect at the request of the investigator.11

10
Larry F Stewart, “The Process of Forensic Handwriting Examination” 4(5) FRCIJ 00126 (2017)
11
Ibid

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 Limitation of Forensic document examination12

The examination of questioned documents may be hampered or limited by the following factors:

Non-original evidence (such as photocopies or faxes) submitted for examination. Every time
a document is subjected to a copying process, a small amount of information is lost. Original
documents may bear defects, flaws or characteristics that are not reproduced in a copy.
Multigenerational copies (i.e., copies of copies) may be of insufficient quality for examination and
comparison. It may even result in the examiner being unable to render a conclusion.

Insufficient quantity of questioned material. If there is not enough material for an adequate
examination, the examiner will most likely be unable to render a definitive conclusion.

Insufficient quality. If the quality of either the questioned document or the known samples is not
sufficient for proper examination, the examiner will likely be unable to render a definitive
conclusion. Examples include documents that have been burned to ashes or cross-cut shredded,
documents that are multi-generation copies or faxes, or documents containing writing that is too
distorted or disguised

Insufficient known specimens submitted for comparison. This refers to situations where there
is not enough known writing, or the samples are inadequate, poor-quality or machine-printed and
not suitable for comparison.

Lack of comparability between the questioned documents and the known samples. The
examiner must be able to compare “apples to apples” as the saying goes. For instance, the specimen
material must be of the same type of writing as the questioned material; uppercase entries can only
be compared to uppercase, and cursive writing can only be compared to cursive writing. An
examiner cannot determine the counterfeiting process by looking at only a photocopy of the
suspected counterfeit. Likewise, the examiner cannot determine if an identification card is
fraudulent unless a known standard is also submitted for comparison.

Lack of contemporaneous writings submitted for comparison. It is important to obtain known

writing that is prepared around the same time frame as the questioned writing.

12
http://www.forensicsciencesimplified.org/docs/QuestionedDocuments.pdf accessed on 21/10/2018 at 10:26 PM

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Distortion or disguised writing. The writing on the questioned document or the known sample
may be too distorted or disguised. For example, graffiti on a wall may be considered distorted and
cannot be compared to a suspect’s normal handwriting.

Evidentiary Value of Handwriting Expert Report in India

An expert really means a person who by reason of his training or experience is qualified to express
an opinion whereas an ordinary witness is not competent to do so. His evidence is only opinion
evidence which is based on his special skill or experience. In view of the language of Section 45
of Evidence Act it is necessary that before a person can be characterized as an expert, there must
be some material on the record to show that he is one who is skilled in that particular science and
is possessed of peculiar knowledge concerning the same. He must have made special study of the
subject or acquired special experience therein. Thus before the testimony of a witness becomes
admissible, his competency as an expert must be shown may be by showing that he was possessed
of necessary qualification or that he has acquired special skill therein by experience. Apart from
the question that the report of a handwriting expert may be read in evidence, what is necessary is
that the expert should be subjected to cross-examination because an expert like any other witness
is fallible and the value of his evidence consists in the rightful inferences which he draws from
what he merely surmises. The expert’s evidence is only a piece of evidence and the weight to be
given to it has to be judged along with other evidence as evidence of this nature is ordinarily not
conclusive. Such evidence, therefore, cannot be taken as substantive piece of evidence but is there
in corroborate the other evidence.13

In the case of Vandavasi Karthikeya alias Krishnamurthy v. S. Kamalamma14 , the court held
that “The science of handwriting was not an exact science unlike the science of finger-prints. Even
experts tend to commit errors in giving their opinions on the genuineness of the signatures and
handwriting. Sometimes it would be difficult for an expert to examine even the genuineness of
different writings, each having its own individuality. It requires intelligent comparison to
differentiate the genuine signature from the forged one. Great care and caution should be exercised
especially when the court was not assisted of the evidence of an expert in determining the

13
Balkrishna Das v. Radha Devi AIR 1989 All 133
14
AIR 1994 AP 102 at 114

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genuineness of a signature or handwriting. Even while calling expert, that if one cannot get a
competent man, it was better not to adduce any expert evidence at all.”

Further, in the case of State v. Kandhu Caharan Barik15 , the court stated that “The science of
handwriting expert is not perfect. The opinion of a handwriting expert has to be tested by the
acceptability of the reasons given by him an expert deposes and not decides. His duty is to furnish
the Judge with the necessary scientific criteria for testing the accuracy of his conclusion, so as to
enable the Judge to form his independent judgment.”

Hence, the opinion of the handwriting expert is not perfect and the same cannot be considered
sufficient for the judge to base his opinion upon. The opinion of the expert must be corroborated
by other sufficient evidences.

15
1983 Cri LJ 133

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 Bibliography

Books

1. Dr. B.R Sharma, “Forensic Science in Criminal Investigation & Trials” (Universal Law
Publishing, Gurgaon 5th Edition 2014)

Articles

1. Larry F Stewart, “The Process of Forensic Handwriting Examination” 4(5) FRCIJ 00126
(2017)
2. Antonio Parziale et.al., “An Interactive Tool for Forensic Handwriting Examination.
Proceedings of International Conference on Frontiers in Handwriting Recognition”, ICFHR.
2014. 10.1109/ICFHR.2014.80.
3. Diana Harrison et.al, “Handwriting Examination: Meeting the Challenges of Science and the
Law”, 11 FSC (2009)

Web Links

1. http://www.forensicsciencesimplified.org/docs/QuestionedDocuments.pdf accessed on
21/10/2018 at 10:26 PM
2. https://journals.lib.unb.ca/index.php/antistasis/article/viewFile/25104/29541
3. https://www.researchgate.net/publication/267040852_An_Interactive_Tool_for_Forensic_Ha
ndwriting_Examination

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