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UNIVERSITY INSTITUTE OF LEGAL STUDIES

FORENSIC SCIENCE PROJECT

PHYSICAL EVIDENCE AND CHAIN OF CUSTODY

SUBMITTED TO: SUBMITTED BY:

Dr. Sonalpreet Kaur Himanshu Singla

Roll no: 117/19

9 th Semester

B.A.LL.B (Hons.)
CONTENTS

Table of Contents
PHYSICAL EVIDENCE ........................................................................................................... 3

INTRODUCTION ................................................................................................................. 3

TYPES OF PHYSICAL EVIDENCE .................................................................................... 4

SOURCES OF PHYSICAL EVIDENCE .............................................................................. 8

COLLECTION OF PHYSICAL EVIDENCE ..................................................................... 10

PACKING OF PHYSICAL EVIDENCE ............................................................................. 11

TRANSPORT OF PHYSICAL EVIDENCE ....................................................................... 12

CHAIN OF CUSTODY ........................................................................................................... 13

INTRODUCTION ............................................................................................................... 13

WHAT IS CHAIN OF CUSTODY ...................................................................................... 13

WHY IS IT IMPORTANT TO MAINTAIN CHAIN OF CUSTODY ................................ 14

ROLE OF POLICE IN MAINTAINING A CHAIN OF CUSTODY .................................. 14

CHAIN OF DIGITAL EVIDENCE ..................................................................................... 15

CHAIN OF DRUG TEST EVIDENCE ............................................................................... 16

WHAT INFORMATION MUST BE RECORDED TO ESTABLISH A CHAIN OF


CUSTODY ........................................................................................................................... 16

PROCEDURE TO ESTABLISH CHAIN OF CUSTODY .................................................. 17

CONCLUSION .................................................................................................................... 18

BIBLIOGRAPHY .................................................................................................................... 19
PHYSICAL EVIDENCE
INTRODUCTION
Evidence is anything that can be used to prove or disprove a point under investigation or
consideration. Physical evidence is the evidence that has physical or material existence. It is
tangible and includes all physical things, living or non-living, solid, liquid or gas. It can be
macroscopic or microscopic. Trace physical evidences are so small that often they cannot be
seen with the naked eye.
Forensic sciences being important factor of the criminal justice system plays a vital role in
providing scientific information through the analysis of physical evidences to the investigator.
The evidences which are present at the crime scene are called Physical-evidence, analysis of
which helps in linking the criminal, victim with each other and with the crime scene. It is
mainly concerned with the identification of traces of evidence left at the scene, their scientific
analysis in the lab and finally reconstruction of events. During an investigation, forensic
evidences are recognised, collected from a crime scene and analyzed scientifically in the
laboratory according to the requirements of the investigative officer. After that the report is
submitted to the court of law. As each crime scene is unique and each case presents its own
challenges, Complex cases may require the collection, examination of a large number of varied
evidences.
In scientific investigation, physical evidences play an important role in linking the suspect and
victim with each other or with the scene of crime. Evidences are recognized, collected from a
crime scene and sent to the laboratory for scientific analysis according to the requirements of
the investigative officer. The physical evidences play a significant role in the investigation of
crime. According to section 157 of Indian Cr. P. C., the crime scene being the richest source of
various types of evidences must be searched thoroughly.

Physical evidence has a significant role to establish that a crime has occurred.It can be useful
to establish a link between the crime, the criminal and the victim. It can also provide leads to
the crime scene investigator during the investigation. The value of physical evidence is
measured by its efficiency in:

a. Verifying that a crime has been committed;

b. Identifying the offender; or

c. Exonerating anyone who comes under suspicion.


TYPES OF PHYSICAL EVIDENCE
Paint:
Physical and chemical analysis of paint evidence (chips or residues) may indicate its class, such
as car paint, house paint, nail paint, etc.
Proof of paint can also show individual characteristics if the investigator is able to find
similarities between two samples, such as colour, number of layers, chemical composition, or
actual similarity between the edges of two paint chips, one from a tool and one from crime
scene.
Most of the evidence for painting comes from crimes involving hit-and-run cases. With a
controlled sample comparison sample, the paint can be compared to a car with almost 100%
certainty.

Glass Pieces:
Windows or glass windows, particles, or fragments found or transferred to a person or object
involved in crime may be strong evidence.
Such evidence, whether broken by a bullet or otherwise, helps to determine its colour, features,
brightness, density, chemical composition, and refractive index.
The test results provide clues about the crime and help investigators to link evidence with the
suspect or other object used in the crime, such as matching glass from the crime scene to the
suspect's car light.
In addition, a lower surface is usually found for fingerprints and / or blood to be present in
broken glass.

Explosives And Petroleum Products:


Explosive and petroleum products are equipment that contains explosive charge, as well as all
substances released from an explosion or heat source that is likely to contain residual petroleum
material. The presence of these elements becomes an important factor in determining where a
fire or explosion originated and where it continued. Another feature of petroleum products is
related to adultery.
For which appropriate collection and analysis helps determine the chemical composition of
such materials that can help identify the origin and users of the material. Traces of explosives
found on clothing, skin, hair, or other items of the suspect may be likened to explosives from a
crime scene.
Ballisitcs:
Guns, as well as ammunition or incomplete ammunition, are often the most important evidence
in any shooting investigation. In fact, it is almost impossible to obtain a conviction for shooting
cases without the discovery of such evidence. If anyone is accompanied by a suspected weapon,
a bullet wound, or a case of a broken cartridge can be compared to a weapon and a fingerprint
can be compared to a finger. The characteristics of ammunition, firearms and ammunition are
examined to determine the similarities between the suspects and the evidence available at the
scene.
Chemical tests may reveal gunshot wounds (GSR) on the hands, face, or clothing of the victim
or suspect to show how close the person was to the shotgun.
Shooting at a barrel of a gun causes separate canals, bends, and scratches on the bullets, which
can be likened to a shotgun.
Police can search the National Integrated Ballistics Identification System (NIBIS) website to
compare symbols from bullets, cartridge cases, and gun shells with ball proof.

Fracture Matches:
When an object is broken, torn, or cut, two distinct edges are formed, called cracks. These ends
can be compared with the naked eye or microscope to see if they fit together, indicating that
they may have been part of the same object at the same time. Investigators may compare a
piece of tape pieces, pieces of glass, pieces of paint, pieces of car accident, paper bag, etc. to
find the same potential

Soil And Natural Resources:


Any material (clothing or footwear) that contains soil, wood, natural resources such as minerals
or other organic matter can help to link a person or thing to a particular place (for example,
sandals embedded in a shoe and the vault insertion found in a garment). Many such samples
do not prove to be identical, but it is possible by the presence of a rare object. Such types of
evidence are often regarded as rare, but they are useful in supporting other evidence in a case.

Questioned Documents:
Any document in question, whether handwritten or handwritten, is sent to the laboratory for
authenticity and source. These types of analysis are widely used for ransom notes, suicide
notes, death threats, and fraud. When typewriters were used, it was easy to compare the
typewriters with the products they produce. With the advent of inkjets and laser printers,
comparing printed texts is almost impossible.
The exception may be if the document can be printed in an unusual font or with a rare ink type.
Since reducing the use of typewriters, document analysis is now more focused on handwritten
texts. Although each manuscript is the first one, no one duplicates the same text twice. The
designers are smart and clever while trying to reproduce the signatures. For these reasons,
handwriting analysis does not usually provide 100% similarity.
Summarizing other types of work in document fragmentation include fraudulent acquisition
and replacement; handwriting comparisons; reconstruction of damaged documents; identify
and compare printers, typewriters or copies used to produce text. Inspectors will analyse a
ransom note or other document to obtain clues to link it to the crime scene or to a specific
suspect. they will analyse the type of paper used, the printing method or handwriting method,
and the type of ink.

Impression Evidence:
3D impressions naturally include tool marks, tire marks, shoe or footprints, compression of lost
or soft soil, and all other types of track ideas, and markings on the skin or on various types of
food .

Shoe stamps and tire tracks:


The resulting evidence may be captured, taped, or cast to match the suspect's shoes or tires.
Investigators will examine the evidence to identify the type of shoe or tire based on its tread
pattern and other visible features to provide clues to the case.
Shoes and tires will also show patterns of wear after being used for some time as well as other
features (scratches, nicks, cuts) that can be used to match the evidence with certain items. for
example, shoe stamps can be compared to a suspect based on the way the shoes are worn
because of the person's style of walking.

Bite Marks
Each of the 32 teeth in humans is different due to age and aging.
Impressions and images of the bite marks left on the victim, attacker, or other object at the
scene can often be associated with dental records.
Tool marks:
Small nicks and chips form on the edges of the tool as it is used, which can be used to identify
similarities between the evidence and the suspects. Tools may also pick up blood stains or other
items that can be tested or have raised fingerprints that can be raised.

Drugs:
Drugs are substances that violate the laws governing the sale, production, distribution, and use
of drugs or chemicals and that need to be caught. A large number of perpetrators of some forms
of crime are involved with drugs. Drug production is big business. With the advancement of
technological advances and the easy availability of chemicals, it has become much easier to
manufacture illegal drugs and it has become increasingly difficult to catch suspects.
When suspected drugs are found at the scene or in the body, samples are packed and sent to a
forensic science laboratory for analysis. Preliminary or spot tests to find out who the drug is.
Further verification tests will determine the strength of the drug and its components. The
identification of drugs was completed with the use of various instruments. Although such
equipment is expensive and requires frequent repairs, the results of such tests are significant.

Blood, Organ, And Other Physiological Fluids:


Blood and body fluids (semen and saliva) will be tested for biochemistry and other analyses to
determine your identity and origin and then your identity. By checking the amount, colour, and
distribution of such liquids, the investigator may be able to predict several times what happened
at the scene. A smear may indicate an attempt to clean or drag the body.
An accident occurs when blood flies at an angle and hits an object. The 'exclamation mark'
feature indicates where the movement is. After careful collection, almost every type of organ
or living organism will undergo blood transfusions and DNA analysis.
Toxicology tests may also identify the possible presence of a drug, alcohol, or poison Blood
type, used to exonerate innocent people and identify potential suspects or victims, is still a
useful tool. However, recent advances in techniques, tools, and collection processes have
increased DNA testing into more common species.

Fingerprints:
It is generally known that when a person touches a subject with his or her hands (according to
Locard's exchange system) that the printing fingers are left behind. Such prints are called latent
prints as they are invisible to the naked eye. The challenge for the palaeontologist is to develop
to identify, these hidden documents to find their owners.
In the past, matching these prints required a narrow field for the suspects, but with the use of
computers and a large database, identifying the suspect's documents has become common
place. Investigators also identified unique features of the ridge on fingerprints that could be
used to identify a suspect or a victim.
AFIS (Automatic Fingerprint Identification System) is a website used by investigators at local,
regional, and national levels to search similar to the fingerprints found at the scene.

Hairs And Fibers:


hair and strands may be transferred from the suspect or the suspect's clothes to the victims and
vice versa. For example, a suspect might take strips of carpet from his shoes or leave his hair
behind in a crime scene. Hair can be examined to determine its origin, such as a human or an
animal. Root hairs may be complete without DNA testing.
Fibres are used to make clothes, carpets, furniture, beds, and bedding. It may be natural fibres
from plants or animals or man-made synthetic fibres.

Wounds:
Wounds can often be likened to weapons or Armor on a weapon. Investigators may also be able
to determine the size, shape, and length of a weapon. Wound analysis may provide indications
of the victim's injury, the characteristics of the suspect (left hand, right, height, etc.), and the
position of the victim and the suspect at the time of the incident.

SOURCES OF PHYSICAL EVIDENCE


In a crime scene investigation, it is very important to know various sources of physical
evidences. Physical evidence may be obtained from various sources.

The main sources of physical evidences are as follows:

(1) Scene of Crime


The crime scene is a significant source of various types of physical evidences which can
provide a significant clue in solving the crime. The crime scene typically includes, line of
approach, point of entry, actual scene, point of exit and line of departure. The physical
evidences from any of these sources can play a significant role in crime scene investigation.
(2) The Suspect
The suspect can be a potential source of physical evidence. During any stage of criminal
act (entry to the crime scene, commission of crime or exit from the crime scene), physical
evidence may get transferred from the crime scene to the suspect. Careful search of the
suspect along with his clothing and other articles may provide important physical evidence.

(3) The Victim


The victim of a crime is also an important source of physical evidence. For illustration in a
case of assault, during struggle between victim and the offender, important physical
evidences may get transferred to the person or clothing of the victim e.g. blood, hair, piece
of shirt of the offender. Careful search of the suspect along with his clothing and other
articles may provide important physical evidence.

(4) Transfer Of Physical Evidence


The concept of the transfer of physical evidence is based on the principle of exchange which
says that when two things come in contact with each other, information is exchanged by
the physical transfer of trace material. Forensic scientists use this principle to demonstrate
association between persons, places and things involved in crime through the analysis of
evidence. The evidence that transfers from a source to a location with no intermediaries is
said to have undergone direct transfer. In case of indirect transfer one or more intermediate
objects are involved in the transfer of evidence. For example, suppose Sohan owns a dog
and before going to the restaurant he pats the dog. At this point, there occurred direct
transfer of dog's hair to his trousers. In the restaurant, he sits on a chair, and there occurs
an indirect transfer of dog's hair to the chair, although the dog never entered the restaurant.
He gets up to go to the washroom, and when he comes back, Mohan was sitting in his chair.
Mohan also experienced indirect transfer of dog's hair present on the chair. This example
shows is that, whilst direct transfer may be straightforward to interpret, indirect transfers
can be complicated and potentially misleading.
COLLECTION OF PHYSICAL EVIDENCE
Collection, packing and transportation of physical evidence are extremely important steps for
the precise analysis of physical evidence obtained from the scene of crime. The procedure
followed will mainly depend upon the nature of crime and the circumstances of the crime scene.
The physical evidence collected from the crime scene must be packed and transported in such
a manner that no change occurs in the evidence till the time it reaches the laboratory for
examination. There is a chance that the physical evidence may undergo alteration in its inherent
quality and composition due to contamination, damage, decomposition, tampering, loss etc.

 Physical evidence must be collected after the initial search, photography and sketching of
the scene of crime.
 While collecting and packing the physical evidence, always take care of the following:
(a) Use a pair of gloves while handling any article,
(b) Handle the articles as little as possible so as prevent any loss or damage to the evidence,
(c) Ensure chain of custody during every stage.
 Collect enough of the physical evidence to be analysed. It is better to collect excess material
than to have examination failure due to insufficient evidence material.
 Ideally the evidence should be submitted to the laboratory in its original form.Blood, hair,
fibers, soil particles, and other types of trace evidence should not normally be removed
from garments, weapons, or other articles that bear them. Instead, the entire object should
be sent to the laboratory. If evidence is found adhering to large structures (door, wall, or
floor), then remove the specimen with appropriate tool.
 Control samples must also be taken for comparison. Control samples are collected for
comparison with the physical evidence collected from the crime scene. For example, in
cases involving stained material, it is necessary to also collect the unstained material for
analysis.
 In case of difficulty in collection of minute traces of evidence, specialist collection
technique should be used. If trace evidence is on small item and there is a chance of loss,
the trace sub-sample should be placed into a separate container. If the trace is a stain then
the stain should remain on the item for assessment in the forensic science laboratory.
PACKING OF PHYSICAL EVIDENCE
 Each article should be separately packed and labelled so that the individuality and identity
are maintained.
 As far as possible all packets belonging to one case should be enclosed in a box or outer
covering to form a parcel, unless disparity in size of various articles make this impossible.
 The exhibits inside the packing, do not come in contact with each other.
 The exhibits do not spill due to the use of unsuitable lids and stoppers.
 The container should be strong enough to avoid damage in transit.
 The labels should be numbered and should bear the signature of the forwarding officer
along with the case details.
 The topside of the box is always indicated on the top of the box and marked “Handle with
Care”.
 The exhibits should be sent through a special messenger as far as possible.
 The exhibits should be properly sealed.
 For Minute traces of hairs, fibers, dust, soil, glass and paint vacuum sweepings is done at
the scene.
 It may be necessary to take custody of all clothing worn by the participants in a crime.
Sweepings from each area of a crime scene must be collected and packaged separately.
 Fingernail scrapings are to be taken with a blunt instrument, like a toothpick. The scrapings
are to be collected and packaged separately for later microscopic examination.
 If there is a deceased victim, the body will be autopsied by a medical examiner or coroner
to collect evidence.
 They will be working to determine the cause of death, as well as collecting evidence.
 Dried stains on the immovable items are to be swabbed for further analysis. Cotton swab
can be moistened with distilled water or saline.
 Blood, hairs, fibers, soil particles, and other types of trace evidence should not be removed
from garments, weapons, or other articles. The entire object should be sent to the lab for
processing.
 Liquid biological fluids, to be collected with the help of droppers/pipettes and then
transferred to appropriate vials.
 If evidence is found adhering to a large structure, such as a door, wall or floor; remove the
specimen with a forceps or appropriate tool. In the case of a bloodstain, one may either
scrape the stain off the surface or transfer the stain to a moistened swab, or cut the area of
the object bearing the stain.
 Wet stains should be air dried first and then packed in a proper ventilated paper bag.
 Trace evidences should be collected in the plastic zip pouches. Each different item or
similar items collected at different locations must be placed in separate containers.
 Weapons/Tools should be collected in appropriately sized cardboard boxes along with
avoidance of any movement.
 Bullets collected from the scene of crime can be packed separately along wrapped in cotton
to avoid any movement that can create further marking.

TRANSPORT OF PHYSICAL EVIDENCE


 If possible, the physical evidences should be sent through a special messenger. If sent by
post, the package should be properly addressed, labelled, and insured.
 While dispatching the package, postal regulations must be followed.
 While transporting the physical evidence for analysis, assure that delivery of the evidence
to the laboratory occurs as early as possible.
 If the containers contain any hazardous material, then mark the package with 'hazard' and
'handle with care' labels.
 The package containing physical evidences being sent to the laboratory for examination
must be accompanied by a forwarding letter containing all the details related to the contents
of the package. It is advisable to also provide special instructions in the forwarding letter
related to the examination requested and any other relevant details of the case.
CHAIN OF CUSTODY
INTRODUCTION
In all cases, civil or criminal, presenting of the authenticated evidence before the court plays
an important role in determining the decision of the case. In order to keep the evidence in its
true and correct form, the term ‘chain of custody’ is brought into light. Chain of custody, in a
layman language means the sequence or the order of procedures which any evidence collected
by the police, has to go through in order to maintain its authenticity. It is the prosecutor who
has the burden of proof in the court to present and prove the correct chain of custody. However,
the aim of the defence is to find loopholes or violations in the chain of custody presented by
the prosecution.

WHAT IS CHAIN OF CUSTODY


Chain of custody is a legal term, which refers to the chronological sequence in which the items
of evidence are to be handled for the successful investigation of a case. It must be proved in
the court that the evidence is handled through the correct chain of custody, and only then will
the evidence be admissible in the court of law. The chain of custody tells who has collected the
evidence from the crime scene (or anywhere else), who has handled it, who analysed and
transferred the evidence, and where the evidence was stored. All the physical or electronic
evidence is included here. Some common types of evidence includes-Blood, DNA samples
(fingerprints, footprints), Documents, Photographs, Videos, E-mails, text messages, Internet
history

If any of the evidence is brought to the court, and has undergone a broken chain of custody, the
evidence cannot be presented in the court of law. The chain of custody must always be
maintained by identified persons, who have the authority by law to possess the evidence such
as police officers, forensic experts, evidence technicians, officers of the court, etc.

Chain of custody must be maintained in-Criminal investigation, Civil litigation, Dope testing
of athletes, Clinical trials, Violence and abuse cases, Fields of history, art collection, Postal
services, Research if animals are ethically raised or not, Seizure of prohibited substance,
Seizure of money, gold ornaments or other valuables by income tax, customs or revenue
departments, Testing of food products, Firearms injuries.
WHY IS IT IMPORTANT TO MAINTAIN CHAIN OF CUSTODY
Chain of custody begins from the crime scene itself, and continues till the evidence is presented
in the court. Chain of custody exists to ensure full transparency of the process of how an
evidence is collected, handled and stored. It is of the utmost importance in a case to maintain
each and every record of the evidence from the date of collection to the date of presentation
before the court, because if even any one entry is missed, the evidence will become
inadmissible in the court and non presentation of even one evidence can assuredly affect the
decision given by the court. A broken chain of custody can result in failure to serve justice. A
paper trail must be maintained so that people in- charge of the evidence can at any moment be
quickly identified and called upon to testify during a trial if necessary. When a proper chain of
custody is maintained, it prevents the police officials and other lab or law officers to tamper
the evidence, as the record of who collected the evidence, who handled it, period of
guardianship of the evidence, safeguarding conditions while storing the evidence, and how an
evidence is handed over to the subsequent custodians each time a transfer takes place, and
through this record if any evidence is tampered it can be easily traced as to who played with
the evidence and can thus be punished for the same. The chain of custody helps in maintaining
the integrity and authenticity of the evidence by careful and cautious handling of the evidence.

In the case of Mukesh and Ors. v. State (NCT of Delhi) and ors, (2017) the Supreme Court said
that a DNA sample is admissible in the court only when it is proved that there is no error in
sampling and the sample is not tampered.

In the much controversial O.J. Simpson murder trial case in the 1990s, there was an improper
handling of evidence and a broken chain of custody.

ROLE OF POLICE IN MAINTAINING A CHAIN OF CUSTODY


It is the duty of the police officials to maintain an unbroken chain of custody for the successful
trial of a case. The duty of the police officers commences from:

1. Collecting the evidence from the crime scene.

2. Keeping the evidence collected safe in sealed bags with unique identification numbers.

3. Examining the evidence collected.


4. Be responsible if the evidence is transferred to another specialist for examination or
analysis.

5. Handle all the transfers of the evidence taking place.

6. Maintaining the record of every procedure which the evidence is handled through.

7. Presenting the evidence with all authenticated records before the court.

If there appears to be a broken chain of custody, or if any evidence is found tampered, in such
a case the police officers who are entrusted with the responsibility of keeping the evidence safe
are questioned and the outcome of the trial is also affected. So, maintaining a proper chain of
custody is a very crucial responsibility and the police officers must perform this responsibility
with the utmost vigilance.

CHAIN OF DIGITAL EVIDENCE


Due to advancement in technology, nowadays digital evidence has also become an important
part of the legal proceedings, apart from physical evidence. Digital evidence includes text
messages, photographs, videos, information stored in hard drives, internet history, and many
more.

In the case of State vs. Mohd. Afzal and Ors. (2003), the Delhi High Court said that computer
generated electronic records are considered as evidence, and are admissible in a court if proved
in the manner as is described in Section 65B of the Indian Evidence Act, 1872.

In another case of Arjun Pandit Rao vs. Kailash Kushanrao (2020), the Supreme Court said
that compliance with the provisions of Section 65B of The Indian Evidence Act, 1872 is a
necessary condition for admissibility of electronic evidence in the court.

In the case of Anvar P.V. v. P.K. Basheer (2014), it was held by the Supreme Court that a written
and signed certificate under Section 65B(4) of the Indian Evidence Act is mandatory for
admissibility of electronic evidence. The Court also said that oral evidence cannot be presented
to support the electronic evidence.

For these reasons, digital evidence is always kept password secured and is under the charge of
a computer forensics technician.
CHAIN OF DRUG TEST EVIDENCE
Many a times, the court can order a drug test, like a drug test of players, doctors, parents
wanting custody of the child, and other situations. The test varies according to the rules of a
particular jurisdiction. All types of illegal substances are detected in this test. These tests mainly
take place through saliva or urine samples. The court may also order a hair follicle test, when
detection is for over a long period of time. The results of such tests can have a serious impact
on the outcome of the case. Therefore, such samples must be handled with the utmost care, and
a proper chain of custody must be established to ensure that samples and the name marks are
not mixed, which is a very common malpractice. Every detail regarding the collection, storage,
transfer, analysis and disposal of the sample must be noted down.

WHAT INFORMATION MUST BE RECORDED TO ESTABLISH A CHAIN OF


CUSTODY
It is important to document certain details that validate the evidence. The documentation may
include information regarding the collection, transportation, storage, analysing, and general
handling of the evidence. More and more details must be meticulously documented, so it leaves
a lesser room for scrutiny. The ability to present the evidence in the court highly depends on
the information documented, and if any necessary information is missed out, it will surely
invalidate the evidence, which in turn can affect the outcome of the case.

The information that should be included in the documentation is:

 Date of collection;

 Time of collection;

 Identity of the reporting agency;

 Identity of the submitter;

 Unique identifying code;

 Location of the lab where examination has to be conducted;

 Permission to conduct examination of the item;

 Case investigator;
 Descriptive list of items submitted for examination (includes the model, serial number
and make);

 Unique markings on the items;

 Condition of the item;

 Identity and signature of the examiner;

 Brief description of steps taken during examination (searching old files, recovering
erased data);

 Signature of each individual involved in the chain of custody, with correct date and
time; and

 Any other relevant information about the item.

PROCEDURE TO ESTABLISH CHAIN OF CUSTODY


Maintaining the correct chain of custody can prove to be a complex task. At the same time, it
is equally important to maintain the chain of custody, and for such purpose a procedure is to be
established and followed. Collection techniques, preservation, packaging, transportation and
storage of the evidence are all part of the process used to establish a chain of custody.

1. The first step in the procedure to establish a chain of custody is collecting evidence. It
involves identification, labelling, recording and collecting data from all the relevant
sources. The data collected must be kept safely to retain its authenticity.

2. The second step is the examination of the evidence collected. It is important to note
down all the methods and procedures that are taking place during the examination of
evidence.

3. The third step is using legally justifiable techniques and methods to analyse the
evidence and derive information useful enough to answer the questions raised in a
“case”.

4. The fourth step is reporting all the information obtained by examining and analysing
the evidence. It includes information like issues and weaknesses identified with
suggestions for any other additional measure to re-examine the evidence, description of
the various tools being used in the process.
There are some points enlisted below which must be remembered by the officials in- charge of
the chain of custody-

1. The number of people handling the evidence must always be limited.

2. The package in which the evidence is kept must be sealed.

3. Before submitting the evidence in the court, double check the markings to avoid any
confusion before the court.

4. Photos and screenshots of the original evidence must always be taken (physical or
digital).

5. Modern software systems can help to track the movement of all types of evidence.

6. All the names, unique identification numbers, dates and other relevant information must
be checked before submitting the evidence in the court.

7. Witnesses for the evidence can increase the credibility of the evidence.

8. Signed receipts of transfer must be obtained.

CONCLUSION
Maintaining a proper chain of custody must be considered as a professional and ethical
responsibility for those who are incharge of the evidence. In India, very few people have the
habit of following the procedure. In the same way, a correct chain of custody is hardly
maintained by the officers as they think that it does not hold much importance, but little do
they know that the admissibility of any evidence in the court of law depends on the nature of
the chain of custody maintained by them. Therefore, it is important to create awareness about
the procedure to maintain a correct chain of custody among the officials dealing with such
cases. This will gradually help in ensuring quick justice to the people.
BIBLIOGRAPHY
 Modi's Medical Jurisprudence and Toxicology, K. Mathiharan and Amrit K Patnalk,
LexisNexis, Buttersworth, 2010
 Textbook of Modis Medical Jurisprudence and Toxicology, K. Kannan and K. Mathiharan,
Buttersworths India, 2012
 Medical Jurisprudence and Toxicology (Law Practice and Procedure), K.S. Narayan Reddy,
ALT Publications, 2006
 http://www.dfs.nic.in/pdfs/IO%20-Forensic%20evidence-uidelines%20for%20%20IO.pdf
 https://onlinelibrary.wiley.com/doi/abs/10.1002/9783527827688.ch4
 https://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/S000016FS/P001104/M01407
0/ET/1456987349FSC_P1_M22_e-text.pdf
 https://www.forensicscienceexpert.com/2019/12/physical-evidences-in-forensic-
science.html

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