CLASS SEMINAR

ROLE OF FORENSICS IN CRIMINAL INVESTIGATION AND

ADJUDICATION: AN INDIAN SCENARIO

IN PARTIAL FULFILMENT OF BALLAB FIVE YEAR COURSE

SUBMITTED BY:

Anurag Moga (1858)

(2022-23)

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 CONTENTS

S No. Topic

1 ABSTRACT

2 INTRODUCTION

3 WHAT IS FORENSIC SCIENCE

4 HISTORY AND ORIGIN

5 BRANCHES OF FORENSIC SCIENCE

6 ROLE OF FORENSIC SCIENCE IN CRIMINAL

INVESTIGATION

7 LEGAL PROVISIONS SUPPORTING THE USE OF FORENSIC

SCIENCE

8 JUDICIAL DECISIONS IN INDIA

9 CONCLUSION

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 ABSTRACT

The forensic sciences have made significant scientific advances over the past 25 years (DNA
typing, physical evidence databases, and new scientific instruments), but more research is
required to determine how these developments have affected the use of scientific evidence in
criminal case processing. Although specific studies have assessed the significance of DNA
evidence in investigations into property crimes, no research have examined the whole range
of scientific evidence found at crime scenes. In 2006, the National Institute of Justice funded
this project to address the following four goals:

Objective 1—Estimate the percentage of crime scenes from which one or more types of
forensic evidence is collected;

Objective 2—Describe and catalog the kinds of forensic evidence collected at crime scenes;

Objective 3—Track the use and attrition of forensic evidence in the criminal justice system
from crime scenes through laboratory analysis, and then through subsequent criminal justice
processes; and

Objective 4—IdIdentityhich forms of forensic evidence contribute most frequently (relative

to their availability at a crime scene) to successful case outcomes.

KEY WORDS : forensics, investigation, DNA

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INTRODUCTION
:
  According to Professor Frank Tannenbaum, crime is as timeless as society itself. It implies
that crime will continue to exist as long as there is a civilization. It cannot ever be eliminated.
A society free from crime is nothing more than a "non-existent ideal," in his opinion. Crime
increases as society develops. Additionally, as science and technology have advanced, so
have crime-fighting and criminal detecting techniques.

The procedures of investigations have been significantly altered by the development of

forensic science and its numerous subdivisions. Our court system now relies heavily on
forensic science. A number of well-known TV programmes, including CSI: Crime Scene
Investigation, NCIS, and Law & Order, have helped to popularise its use in crime detection.
Many TV programmes focusing on crime, in particular CID, have also imitated the idea of
resolving crimes using forensic science.

What is Forensic Science?

The word forensic is derived from the Latin word “forenses” which means before the forum.
In a modern context, it refers to something that is related to law or courts. Forensic science,
thus, refers to the application of scientific methods and processes to law. It describes the
science of associating people, places, and things involved in criminal activities[i]. It is
essentially used to detect crimes, solve them and also to establish guilt or innocence of the
alleged criminal.

In other words, forensic science can be defined as the application of the knowledge and
methodology of various branches of science such as physics, biology, chemistry, pharmacy,
anthropology, archaeology, and psychology among others to legal proceedings.

The law and science are strange bedfellows[ii]. But they have come together to ensure that
justice is served. Forensic science assists in investigating and adjudicating criminal and civil
cases[iii]. The evidence found at the crime scene or otherwise is brought into laboratories

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where it is analyzed using different technologies and methods. This analysis of evidence is
made possible by forensic science and its multiple branches.

History and Origin

The concept of forensic science is not new in the criminal investigation system. It dates back
thousands of years. Argentina was the first country to incorporate forensic evidence for a
criminal investigation in 1902. Sir William Herschel was one of the first to advocate the use
of fingerprinting in the identification of criminal suspects. By the late 1700s, forensic science
was being used as a factor to determine guilt or innocence in major criminal cases, including
murder charges. One of the primary functions of forensic science is to study DNA, the
genetic coding found on all living things.  By the end of the 20th century, forensic scientists
had a plethora of high technology tools for analyzing evidence from DNA analysis to digital

fingerprinting techniques with computer search capabilities.

Branches of Forensic Science

Following are some of the major branches/areas of forensic science:

 Forensic Pathology

Dead corpses provide a wealth of information[iv], and forensic pathology's primary goal is to
ascertain the cause of death through analysis of the body, which may include an autopsy or
post mortem. It reveals the timing of death and can also reveal if it was a natural,
unavoidable, or the result of criminal activity.

 Forensic Anthropology

The identification of individuals who are no longer able to be identified using conventional
techniques is the focus of this subject of forensic research. In order to establish the identity of
the deceased, it essentially entails analysing skeletal remains to determine the age, height,
sex, and other features. It is mostly done in situations where there are a lot of victims,
including bombs, rail and aeroplane crashes, car accidents, etc

 Forensic Odontology

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Enamel is the toughest substance our bodies can create, which explains why entire teeth are
frequently discovered with remains. When there is no other way to identify such remains,
their teeth are examined to determine identity. In the event of a large-scale disaster, this aids
in the identification of bodies. Moreover, bite mark analysis is a part of it.

 Forensic Biology

As the name implies, this area of forensic science focuses on the examination of biological
samples such blood, sperm, saliva, skin, and hair. The connection between the victim and the
offender is then made using it.

 Forensic Entomology

Particularly when a corpse is discovered outside, insects are frequently discovered inside. In
forensic entomology, the diverse insect habitats are examined to pinpoint the moment of
death. For this area of the medical profession to be able to pinpoint a person's exact moment
of death, extensive training is needed due to the influence of variables including temperature,
humidity, wetness, and type of clothes, among others.
 Forensics Engineering

This involves the examination of certain materials, products, and structures to identify the
cause of their failure. This failure can cause damage to property, personal injury or even
death. This branch of forensic science is used both in civil as well as criminal cases.

 Toxicology

It involves the analysis of a body, dead or living, to check for the presence of any drug,
alcohol, or poison. It is often used in drunken-driving cases. It also helps in identifying if the
cause of death was poison or any such toxin.

 Criminalistics

It is that branch of forensic science that involves the analysis of evidence that is brought into
existence by criminal activity. Such evidence might include drugs, weapons, fingerprints,
blood, and trace evidence among others.

 Digital Forensics

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This branch of forensics deals with the analysis of digital evidence which can be found stored
on computers, laptops, mobile phones, networks, cloud, hard drives, or servers. It also
includes the collection of information through SMS, email, images and deleted files[v].

 Behavioral Sciences

It involves the study of the behaviour of criminals. A psychological profile is created which
gives a glimpse of the personality of the criminal and thus aids the investigating authorities to
narrow down their search to a particular set of people.

 Ballistics
The study of ballistics is used to determine what kind of firearm was used to commit the
crime.

Role and Application of FS in a criminal investigation

The main component of a criminal investigation without which it cannot be concluded is

forensic science. It makes a noteworthy contribution to resolving violent crimes and other
serious crimes. Criminals cannot ever be found guilty without the use of forensic science and
an eyewitness. Police and other law enforcement organisations begin gathering evidence as
soon as the crime is committed. The investigating officer works to gather as much physical
and digital evidence as possible from the crime scene because even a small amount of
evidence might change the outcome of the case. And forensic science is concerned with
analysing the evidence to determine which facts are admissible in a court of law. Hence,
criminals such as murders, robbers, drug traffickers, and rapists would be free to wander
without the aid of forensic science.

The analysis of physical evidence by forensic scientists allows for the identification of
offenders using personal clues such as fingerprints, blood or hair, footprints, mobile phones,
or other gadgets left at the scene of the crime. Forensic science is an essential component of
the criminal justice system.

Scientists who work in the field play a significant part in forensic science. In a criminal
investigation, a forensic scientist's duties and responsibilities are crucial since they entail

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carefully reviewing the evidence and making sure it hasn't been tampered with. In order to
investigate a crime, forensic science uses forensic equipment.

Forensic pathologists, for instance, are adept at using autopsies to ascertain the cause of
death. An autopsy uses the examination of bodily tissues and fluids to determine the cause
and manner of death. To identify suspects, forensic scientists examine physical evidence
obtained from the scene of the incident, such as fingerprints, blood, hair, etc. Also, forensic
experts employ image editing software to look for criminals who have been evading justice
for a long time. With the use of this technology, they may digitally age a photo to see how the

subject would appear as they get older.

Legal Provisions Supporting the use of Forensic Science

The rules governing the method to be followed in criminal cases are set forth in the Indian
Evidence Act of 1872 and the Code of Criminal Procedure, both from 1973. Both of these
acts offer forensic science legal legitimacy and acknowledge the role it plays in crime and
criminal detection.

According to section 45 of the Indian Evidence Act, forensic reports and expert opinions are
admissible as evidence in a court of law. This provision indicates that the opinions of people
who are exceptionally knowledgeable in these subjects are to be examined as significant facts
when the Court must form a judgement on a matter of foreign law, science, or art, or to
recognise handwriting or finger impressions. An expert witness is a person like this. An
expert of the relevant branch of forensic science can be called upon to give evidence under
this section. Further, it is sections 45 to 51 which talk of the relevancy of opinions of experts.

In Malay Kumar Ganguly v Sukumar Mukherjee1[vi], the Hon’ble Supreme Court held:

“expert opinion can be admitted or denied. Whether such evidence could be admitted or how
much weight should be given thereto, lies within the domain of the court. The evidence of an
expert should be interpreted like any other evidence.”

1
AIR 2010 SC 1162

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In State of Maharashtra v. Damu Gopinath Shinde2[vii], the apex court held:
“without the examination of the expert as a witness, reliance cannot be placed on the expert
evidence.”

In Vijay v State3[viii], the Delhi High Court held:

“FSL report is only a corroborative piece of evidence and merely because it does not
corroborate the testimony of the victim would not, in any manner, render the testimony of the
witness, which is otherwise reliable, as unreliable or liable to be discarded. The Draft
National Policy on Criminal Justice has proposed an amendment to the Evidence Act to make
scientific evidence admissible as substantive evidence[ix].”
Section 73 of this Act gives Courts the power to compare signatures, writing, or seal or
fingerprints.

Section 53 of CrPC provides that an accused may be examined upon arrest if there are
reasonable grounds for believing that such examination will afford evidence as to the
commission of an offence. Section 53A of CrPC was inserted by the 2005 Amendment Act. It
expanded the scope of examination of an arrested person. It provides for the examination of
an accused upon arrest if he is arrested for committing an offence of rape or an attempt to
commit rape and there are reasonable grounds that such an examination will afford evidence
as to the commission of such crime.

Similarly, section 164A of CrPC provides for the medical examination of the victim of rape
within 24 hours of receiving the information as to the commission of such an offence.

Role of Forensic Science in Crime Detection

Forensic Science has become an essential part of the judicial system. It has a highly critical
but often underrated role[x].

From fingerprints and blood splatter to DNA samples and injuries along with so much more
that is found at a crime scene—everything tells a story and it is forensic science that enables
this story to be heard. Without forensic science, it would become extremely difficult to
convict criminals and they would roam around scot-free.

2
992-993 of 1999
3
5 SCC 689

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Forensic Science may prove the existence of a crime, the perpetrator of a crime, or a
connection to the crime through the examination of physical evidence, administration of tests,
interpretation of data, clear and concise reporting, and truthful testimony of a forensic
scientist[xi]. It answers the “who, what, when, where, and how” questions pertaining to the
crime that was committed. It can be used by the prosecution to prove the guilt of the accused
beyond a reasonable doubt on one hand and can also be relied upon by the defence to prove
innocence on the other.

In 1892, Francisca Roja of Argentina became the first criminal in the world to be found guilty
based on fingerprints[xii]. Outside Argentina, the first use of fingerprints in a murder case
was in Bengal, India, in May 1898 when a thief called Kangali Charan was charged with
murdering his former employee[xiii]. In 1910, Thomas Jennings became the first American
who was convicted of murder based primarily on fingerprint evidence[xiv]. The first UK
arrest following a DNA match came in 1995[xv].

The notorious serial killer Ted Bundy was brought to justice in part on evidence of bite
marks[xvi]. In 1987, after a serial rapist terrorized 23 women in Orlando, Tommie Lee
Andrews was caught by two fingerprints left on a victim’s window, identification by a victim
in a lineup, and with the same blood type left at each scene[xvii]. Illinois Governor George
Ryan applied DNA testing to death row inmates in 1998 and found 13 of the 25 could be
exonerated by the results[xviii].

In 2010, Matt Baker, a Baptist preacher, was convicted of the murder of his wife[xix].
Initially ruled as a suicide, the real crime came to light after the analysis of Baker’s search
history. He had searched for “overdosing on sleeping pills” and had also visited several
pharmaceutical websites prior to the wife’s death[xx].

The suicide bomber responsible for the assassination of former Prime Minister Rajiv Gandhi
was identified through DNA analysis of the skull and charred muscle found at the scene[xxi].
In the Nithari case, hundreds of bones and skeletal remains were examined followed by the
psycho-analysis tests of the accused to establish a detailed picture of the gory crime[xxii]. In
the absence of any eyewitnesses, it was forensic evidence that helped in cracking the
sensational Neeraj Grover murder case[xxiii]. The half-burnt and decomposed skeletal
remains found in a forest near the Raigad district were identified to be of Sheena Bora

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through DNA analysis. Forensic science played a vital role in solving the Kotkhai gang rape
and murder case that shook India in 2017[xxiv].

Judicial Decisions in India

In Neelam v State of Haryana4[xxv], the petitioner was aggrieved due to an improper

investigation and had thus filed this petition under section 482 of CrPC. The Punjab &
Haryana High Court observed that the investigation was completed, alleged allegations were
not proved and hence, a cancellation report was also filed. The Court also observed that the
FIR was registered under section 306 of IPC without considering the report of Forensic
Science Laboratory. The Court held that such an investigation cannot be called fair and
thereby transferred the case to SIT in the interest of justice.
In Parvesh v State5[xxvi], two of the accused-appellants were arrested on the basis of witness
statements while the third surrendered violently. It was him who directed the police towards
the murder weapon. The Delhi High Court relied upon the FSL report which confirmed that
the blood found on the murder weapon as well as the clothes of the accused was human blood
with the same blood group as that of the deceased, and thus, dismissed the appeals filed by
the accused.

In State (NCT of Delhi) v Manish[xxvii], the State had filed an appeal against the acquittal
of accused by the trial court. In this case, the Delhi High Court found the testimony of the
Prosecutrix to be inconsistent, exaggerated and full of improvements and concealments. The
Court further found that her testimony was also not supported by any medical evidence or
FSL report. The Court, therefore, dismissed the appeal.

4
AIR 1978
5
 1982 CriLJ 1821
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 Conclusion

There is no doubt in stating the fact that the advent of forensic science has revolutionized the
manner of detecting crime. Investigative procedures have seen a change over the course of
the past two decades due to the constantly developing technologies used as a part of forensic
science. It plays a major role in the justice system as it is majorly due to forensic science that
crimes and criminals are identified. Since, it is a developing study and requires a lot of
education, skills as well as experience, the Courts have often viewed forensic science as not
being enough or completely reliable. Nevertheless, its role in getting convictions cannot be
denied.

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REFERENCES

[i] Max M. Houck, Jay A. Siegel, Fundamentals of Forensic Science 4 (2nd edition)

[ii] https://www.peertechz.com/articles/FST-4-111.php

[iii] Supra 1

[iv] Introduction: Forensic Science, New

Scientist,  https://www.newscientist.com/article/dn10501-introduction-forensic-science/

[v] 5 Cases Solved Using Extensive Digital Forensic Evidence, EC Council Blog,
https://blog.eccouncil.org/5-cases-solved-using-extensive-digital-forensic-evidence/

[vi] Malay Kumar Ganguly v Sukumar Mukherjee, AIR 2010 SC 1162

[vii] State of Maharashtra v Damu Gopinath Shinde, AIR SC 1691

[viii] Vijay v State, 2019 SCC Online Del 10485

[ix] Report of the Committee on Draft National Policy on Criminal Justice, Ministry of Home
Affairs, Government of India, July 2007

[x] Role of Forensic Science in the Criminal Justice System, The

Protector,  https://www.theprotector.in/role-of-forensic-science-in-the-criminal-justice-
system/

[xi] What is Forensics, Crime Scene Investigator,

https://www.crimesceneinvestigatoredu.org/what-is-forensic-science/

[xii] Landmark Cases in the History of FingerPrint

Science, http://ncrb.gov.in/BureauDivisions/CFPB/pdf/Misc/Land%20mark%20cases.pdf

[xiii] Ibid.

[xiv] How Science is Putting a New Face on Crime Solving, National

Geographic, https://www.nationalgeographic.com/magazine/2016/07/forensic-science-
justice-crime-evidence/

[xv] Supra 4

[xvi] Supra 1at 5

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[xvii] 5 Real-Life Cases Where DNA Profiling Changed Everything, Forensic Outreach,
https://forensicoutreach.com/library/5-real-life-cases-where-dna-profiling-changed-
everything/

[xviii] Ibid.

[xix] Supra 5

[xx] Ibid.

[xxi] http://www.nja.nic.in/Concluded_Programmes/2017-18/P-1077_PPTs/3.Forensic
%20Evidence%20in%20Civil%20&%20Criminal%20Trials,%20DNA%20PROFILING.pdf

[xxii] https://www.dnaindia.com/india/report-nithari-case-was-challenge-say-forensic-
experts-1230515

[xxiii] Forensic Evidence Helped Solve Neeraj Grover Murder Case, DNA India,
https://www.dnaindia.com/mumbai/report-forensic-evidence-helped-solve-neeraj-grover-
murder-case-1561005

[xxiv] Advance Forensic Tests Help CBI Solve Shimla Rape Murder Case, India
Today,  https://www.indiatoday.in/india/story/advance-forensic-tests-help-cbi-solve-shimla-
rape-murder-case-1219899-2018-04-25

[xxv] Neelam v State of Haryana, 2018 SCC Online P&H 2044

[xxvi] Parvesh v State, 2018 SCC Online Del 9055

[xxvii] State (NCT of Delhi) v Manish, 2018 SCC Online Del 13291

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