INTRODUCTION

1.1 Meaning of Forensic Science

"Forensic science is the use of science in the service of the law. Sciences used in
forensics include any discipline that can aid in the collection, preservation and analysis of
evidence such as chemistry (for the identification of explosives), engineering (for
examination of structural design) or biology (for DNA identification or matching). A
forensic scientist is expert in any technical field and can provide an analysis of the
evidence, witness testimony on examination results, technical support and even training
in his or her specialized area. Analysis of forensic evidence is used in the investigation
and prosecution of civil and criminal proceedings. Often, it can help to establish the guilt
or innocence of possible suspects. Forensic evidence is also used to link crimes that are
thought to be related to one another."1

The overview of forensic science has to be looked from the point of Archimedes as he is
called as ‘the father of forensic science‘. The application of forensic science started in
Europe in 16th Century for investigating in the cases of murder. U.S established the
Forensic Medicine Chair in Edinburgh in 1807.2
1.2 Importance of Forensic Evidence-
 It is well established principle, whenever society changes, law must also be changed and
in the present scenario where the crime is rapidly increasing thereby making the pathetic
condition of the society it is important in order to reduce the crime some of the modern
techniques must be applied by the investigating agencies in order to curb the crime.3
 The investigating agencies must be facilitated with the option of using such scientific
tools but the investigating agencies must be well trained and equipped with all such
techniques so that there is no incompetency on their part.4
 The traditional methods which the investigating agencies like the police, used involves
torture which is the violation of the human right. Using of the scientific tool will assist in
maintaining the human right and avoiding the unnecessary torture caused to the arrested
or the accused person5
 There may be questions to the reliability of the forensic evidence but the evidence will be
admissible though it has to be corroborated with other evidence.6
 Forensic Evidence in most of the cases helps in identifying the criminals in various
heinous offences like murder, rape, theft, burglary and terrorism etc.
1.3 General overview of Fingerprints
India is one of the countries which uses fingerprints in criminal justice system.
Fingerprints can be of the fingers or the palm. The collection of fingerprints from the
crime spot plays a vital role in conviction or acquittal of a person. Fingerprints are useful
not only for the identification of the criminals in the commission of a crime. But also,
various other characteristics which includes the following:-

• Unique

No two individuals can have same fingerprints which means fingerprints bears the
feature of uniqueness.
• Permanent

Fingerprints do not have the tendency to change that means that it remains same
throughout the lifetime of an individual.

• Universal

It is generally observed that a criminal usually leaves behind some of the evidence at the
crime spot and usually the spots of fingerprints are taken from that point, are used for
the purpose of investigation of an offence. Fingerprints allow easier individualization and
classification.
2. ROLE OF INVESTIGATING AGENCIES AND COLLECTION OF FORENSIC EVIDENCE
The investigating agency have great role to play in the crime detection and arresting of
the accused after wards testing the particular samples collected then producing it before
the Court so that a proper case is made out. There must be conviction in of the accused
in the crime. All these things can be done not only with the help of the investigating
police officer present at the crime spot but also with the help of various other
investigating agencies such as the forensic expert. It is very important that forensic
expert must handle all the evidences carefully and must preserve in an adequate manner
so that the evidence later on can be considered.

2.1 Role of Police and Forensic Evidence

MC Barnet stated that "Evidence, the facts of the case, strong and weak cases are not
simply self-evident absolutes they are the end product of a process which organizes and
selects the available facts and constructs cases for and in the courtroom"7

• Police investigation, case construction and forensic science-

The use of forensic science by police is made where the crime is of serious nature also it
is generally used in the crime of murder/ suspicious death cases and rape cases. Forensic
science can be used in criminal investigation but the quality of science used should not
be poor as it would lead to the miscarriage of justice in certain cases.

The Investigating Officer have the following duties at the time of collection of evidence
from the crime spot:
 Collection of the sample/ Lifting of the sample
 Sealing the sample
 Preservation of the sample
‘
 Labelin
 Storage
  Docketing through Court
 Maintaining chain of custody
 Sending the sample to appropriate diagnostic center.8
2.2 Power of the investigating officer to take fingerprints of a person-
The following Provisions give power to the Investigating Officer in India to take the
fingerprints of a person during an investigation.

1. Section 3 of the Identification of Prisoners Act, 1920 which empowers the Investigating

Officers to take fingerprints of the person who is convicted with the offence punishable
with one year or upward. Also, under Section 118 of CrPC9 where the security is given by
the person for the good behaviour then also the investigating officer have the power to
take fingerprints and photograph of the person convicted of the offence.10
2. Section 4 of the Identification of the Prisoners Act, 1920 the Investigating Officer are
empowered in relation the person who have not been convicted to take his fingerprints
also when the person might be accused for an offence punishable for a one year or
more.11
3. Section 512 on the order of the First-Class Magistrate the investigating Officer can take
fingerprints of a person who is arrested for investigation under CrPc.
4. Section 613 of the Act which says that if a person who refuses to act (refusal to give
fingerprints) on the order of the investigating officer or the Court then can be punished
under Section 186 of the IPC. In Shakariya v. State of Rajasthan14 It was observed in this
case that the authority to take the fingerprints is given to police under Section 4 and 5 of
the Identification of the Prisoners Act, 1920 and there is no need to take the permission
of the Magistrate for the same
3. LEGAL FRAMEWORK ON ADMISSIBILITY OF FINGERPRINTS IN INDIA
To begin with admissibility of forensic evidence, it is very essential to know who is an
expert also what is his role? To what extent his opinion is taken into account while
deciding a case. A witness is a person who is required to state the facts which he/ she
has witness and not to give his inference regarding the same. The inference from the
statement is made out by the Court, which is a judicial task.15
3.1 Indian law on forensic evidence and expert evidence
Who is an Expert? "An expert is a person who gives his opinion on a point of foreign law
or of science or art, and he also follows the well accepted rules to produce an effective
result or conclusion with a logical reasoning."16

SECTION 45 of Indian Evidence Act17 - Following are the requirements of this section:
1. The foremost requirement of the expert opinion is that a matter is of such a nature that it
is beyond the know-how of a lay man.
2. The matter involves such medical issue or science which is outside the knowledge of the
Court.
3. The person giving an opinion must have specialization in that very field.
4. The evidence must be based on reliable principles.
The opinion of the expert is not circumstantial but corroborative that means that the
opinion is not conclusive and it is advisory in nature.
3.2 Admissibility of Finger Prints in Indian Court-
Fingerprints have the major role to play in criminal cases. It helps the Police Officers also
in the collection of the fingerprints and then after proper examination can be produced
before the Court. But can fingerprints be the sole basis of convicting a person in a
criminal offence. What if the testimony is uncorroborated? What can be the probative
value of the fingerprint‘s expert?

The inference of the fingerprint expert can be relied upon if he proofs particular prints
are different from the other. The Court has to consider two things - a) "question of
similarity between the marks, b) the possibility of finding fingerprints of two individuals
corresponding as many similarities as have been portrayed before the Court by the
expert."18
Further whether the fingerprints can be the sole basis of conviction or not and other
such questions are tried to be highlighted through different Case Laws as follows. The
main controversy whether a person can be convicted on the sole basis of the fingerprint
evidence was for the first time came into question under this case.

Fingerprints as a matter of evidence which are taken from the crime spot have a vital
role to play for conviction or acquittal of an accused or also the fingerprints taken of a
victim for the determination of the case. In this whole scenario what is to be taken note
of that investigating police officer has a great role to play. As starting from reporting of
the incident and after that collection of the fingerprints the task is largely upon the
investigating officer. The admissibility of fingerprints finds a place in the Court in such a
way that fingerprints are treated as an EXACT SCIENCE. In Re Govinda Reddy,19 the
court held that "The science of comparison of finger prints has developed to a stage of
EXACTITUDE. It Is quite possible to compare the impressions, provided they are
sufficiently clear and enlarged photography is available. The identification of finger
impressions with the aid of a good magnifying glass is not difficult, particularly where the
photographs of the latent and patent impressions are pasted side by side."
3.3 Guidelines issued by the Supreme Court and the High Court in respect of the
fingerprinting
 Whenever the Court wants to compare the fingerprints or the handwriting it is essential
that the assistance of the experts should be taken otherwise it would be risky to deal the
case.
 The comparison of the two fingerprints cannot be made through a casual glance.20
 It is well established that when a person called upon for giving finger impression that
does not mean that he is giving a personal testimony.
 The expert opinion given under Section 73 of the Evidence Act for the comparison of the
handwriting or the fingerprints then this evidence will definitely aid the Court.
 Where the family of the victim finds that proper procedure has not been and there was
incompetency on the part of the investigation team then complaint can be made to the
Session Judge.
Various other High Courts like Karnataka and Madras have issued similar guidelines in
relation to the fingerprints evidence. These guidelines would be effective only when
these are adhered to as this assist in the admissibility of the fingerprints evidence.
3.4 Critical Aspect of Fingerprint Evidence in India
There are certain limitations of fingerprints evidence in India:-
 The AFIS, or the Automated Fingerprint Identification System is useful as it is a
computerized system for the fingerprint records, but this digitizing and the data mining
hardware have not been available for the identification at all level for example police
forces cannot use this technology.
 There is a high cost of digitization which is attached to the AFIS or the Automated
Fingerprint Identification System and it is because of this drawback not many machines
which could be installed at all the administrative level.
 The preservation of the fingerprints is also a big task. There may be chances of the
fingerprint data effected if the handling or the preservation is not rightly restored by the
investigating agencies.
 The fingerprints evidence cannot be heavily relied as there might be imitation of the
fingerprint which can be done by the police officials or any other person in order to
incriminate an innocent person in the crime. There might not be an exact copying of the
fingerprint but the constructing of the fingerprint which might be done.
 Application of the fingerprints may be done by the way of fraud. This can be firstly
explained through the civil matters likewise, when a person who obtains a pension need
to produce a certificate and has to ink his fingerprint on the certificate as a matter of
proof, that he is still alive. This can be misused by any relative of the person at the time
of the death that by fraud, the fingerprints may be taken and as a result the relative can
misuse the pension of the deceased.
Similarly, such taking of the fingerprints by way of fraud is also possible in the criminal
cases. For example- When an accused murder a person by the gun or knife, and after
murdering he can place such instrument used (gun or knife) in the hand of the deceased
or some other person for the purpose of leaving an impression of the fingerprints.
Therefore, it can be said that the whole crime scene has been "planted" or "plotted" by a person
and the Court have to be very much cautious while incriminating a person for any offence which
involves fingerprints as an evidence.

4. Conclusion and Suggestions

The objective of the Criminal Justice System of India is not only to punish the wrongdoer
or the perpetrator of the crime but also to prevent the occurrence of the crime. Such
parameters can be fulfilled not only with the assistance of the Investigating Officers,
police, courts, lawyers but when several techniques are given evidentiary value these,
techniques which can be also termed as the scientific techniques like the Fingerprints in
the elimination of the crime. Though, the use of scientific techniques like Fingerprints
are not new, but reliability of these techniques depends upon the forensic experts.

The evidentiary value of Fingerprints is largely relied upon the very first instance at the
crime spot and in the collection of such evidences and in most of the cases, the accused
is being caught or the case is being solved by these evidences only.

The Criminal Justice System of India though have made certain changes but still there
are some of the areas which need to be addressed so that there can be a proper use of
the evidences like Fingerprints in various criminal cases. Also, there should be no flaws
when the question comes as to the admissibility of these evidences, therefore following
are the suggestions made in order to bring in changes for the better criminal justice
system:-
Suggestions:-
A. The Fingerprint evidence from the suspect should only be collected when there is some
grounded reason or in other words reasonable grounds for suspecting the person
committed the offence before the collection of such sample. It can be said that for the
protection of the right to privacy it is important that the collection of the Fingerprint
evidence of the suspect only be taken only after the Judge authorizes for such a
collection.
B. There must be a proper national or state regulatory body that must be authorize to
establish the rules for Fingerprint evidence. There must be proper guidelines for the
investigating agencies like police which are the primary bodies coming into the contact
with the Fingerprint evidence. If proper rules regarding the collecting, handling and
testing of such evidence are formulated then there will be no question of incompetency
on the part of investigating agencies.
C. The role of the Judges must be like that of the gatekeepers while evaluating the
Fingerprint evidence. The pre- trial sessions can also be conducted before admitting the
Fingerprint evidence, there must be some special persons to assist them in the evaluation
of the Fingerprint evidence during the pre-trial hearings.
D. There must be a proper law for the fingerprint evidence so that there can be no
inconsistency for the same like the eligibility of the scientists conducting the fingerprint
examination.
E. The Preservation of the Fingerprint evidence is also a big risk to the privacy of an
individual. The special legislation dealing with the Fingerprint evidence must be laid down
which must contain the procedure for training of the police officers for collecting of the
evidence from the crime scene, also what should be the storage and the maintenance of
the data of the crime scene specimens.
It is necessary not only to train the investigating agencies dealing with Fingerprint
evidence but also Judges and lawyers should also act effectively. A proper
scientific education to Judges and lawyers regarding Fingerprint evidence may
help to some extent in removing scientific ignorance. Fingerprint evidence have
farfetched resulted in the form of solving various criminal cases. The significance
of the fingerprint evidence cannot be ignored as it forms the basis of Criminal
Justice system in India.