FORENSIC TOXICOLOGY AND CRIMINOLOGY IN

INDIA

{DISSERTATION REPORT}

SUBMITTED BY: SUBMITTED TO:

SAURABH DHARMSHALANI MR. PANKAJ MEENA SIR

L.L.M (2 SE MESTER)
ND
ASSISTANT PROFESSOR

ROLL.NO. (FACULTY OF LAW)

UNIVERSITY COLLEGE OF LAW

MOHANLAL SUKHADIA UNIVERSITY
(UDAIPUR)
SESSION: (JANUARY-JUNE, 2024)

1
 CERTIFICATE OF PLAGIARISM

This is to certify, that the research paper submitted by me is an outcome of me independent and original
work. I have duly acknowledged all the source 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: SAURABH DHARMSHALANI

Affiliated Institution: Faculty of Law, Mohan Lal Sukhadia University, Udaipur (Rajasthan)

Title: FORENSIC TOXICOLOGY AND CRIMINOLOGY IN INDIA

E-mail- saurabhdharmshalani12@gmail.com

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 ACKNOWLEDGEMENT

Research is “innovative and efficient work embraced to expand the load of knowledge”. It
includes the assortment, association and investigation of data to build comprehension of a
point or issue. An examination venture might be an extension on past work in the field. To
strategies, or investigations, earlier ventures or the undertaking as a whole. Research is a
continuous process by an individual or team of persons probing into never ending, newer
avenues of science. This work would not have been possible without whole hearted
encouragement, support and cooperation of my parents, sister, teachers, and friends and
including all well wishers who supported me in doing this work. With profound appreciation,
I acknowledge my indebtness to one and all.
I consider myself most fortunate to work under the guidance of Mr. Pankaj Meena SIR
{Assistant Professor} , University College of Law, MLSU, Udaipur (Raj.) My gratitude toward
him for his incessant encouragement, invaluable guidance, suggestion & innovative ideas,
crucial help, attention and tireless efforts to guide me in the right way. His presence helped
me through the ups and downs, I encountered during the period of project. I am thankful to
the almighty for providing me with ideal supervisor who deserve special thanks, being the
best one could ever have. I thank him for all the valuable lessons he taught me and
everlasting encouragement during my project work.
I am grateful to Dr RAJSHREE CHOUDHARY MA’AM, Dean, University College of Law,
MLSU, Udaipur. For her constant suggestion and help. I am also grateful towards the
teaching and non-teaching staff of University College of Law, MLSU, Udaipur. For their
timely help and support.
I find it difficult to pin my deepest sense of indebtness towards every person. Who soulfully
provided me her constant support, timely dosses of boosts and right impetus to undertake
this challenge, for what I cannot measure but always treasure. I will never forget the spirit of
sincerity devotion, dedication, moral certitude and ethics she has inculcated within me
during this period.
A special thanks to my seniors/colleagues, for the support and help through the ups and
downs, I encountered during the period of project. I thank them for providing constant
encouragement and motivation during the period of project. I thank them providing
constant encouragement and motivation during project and suggestions for preparation of
this report.
The word “THANKS” seems to be too small to express gratitude towards
friends/seniors/colleagues, which have been an inseparably important part of what I have
tried to achieve.

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Also, whatever endeavour, have put to prepare this work it would not have been possible
without the continuous support of my parents, who sacrificed a lot for my welfare and
provided me the rights inputs. They have taught me a biggest lesson of life that, is, hard
work, and honestly, believe in myself and god. They taught me all I needed to know about
the value of higher education in becoming a better person by their simple eloquence. I also
owe my sincere thanks to my family members for their blessings have always leaded me
towards achieving my goals.

Last but not the least; I want to thank Almighty to show the path of success.

DATE: STUDENTS SIGNATURE:

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 ABBREVIATION

(1) SC :- SUPREME COURT

(2) HC :- HIGH COURT

(3) CrPc :- Code of Criminal Procedure

(4) AIR :- All India Reporter

(5) SCC: - Supreme Court Cases

(6) Sec: - Section

(7) NDPS ACT: - The Narcotic Drugs and Psychotropic

Substances Act, 1985

(8) IEA :- INDIAN EVIDENCE ACT

(9) IPC :- INDIAN PENAL CODE

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 TABLE OF CONTENTS
Chapter Content Page
no. No.
1. Forensic Toxicology

1.1 Introduction 10-13

1.2 Brief history about Forensic Toxicology 14-16

1.3 Meaning of forensic Toxicology 17

1.4 Application 18-19

1.5 Significance of Forensic Toxicology 20

1.6 Disciplines of Forensic Toxicology 21-34

1.7 Forensic Toxicology and Other Statutes 35-40

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1.8 Relating Case Laws 41-54

2. Criminology in India

2.1 Crime and Criminology 56-59

2.2 Nature and Scope 60-62

2.3 Schools & Sociological theory 62-66

2.4 Study of Criminal Law 67-69

2.5 Theories of Punishments 70-78

2.6 Case Laws Related To Criminology 79-94

3. Conclusion and suggestion 95-100

4. Bibliography 101-102

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8
 INTRODUCTION

The idea of Forensic science is certainly not another one in India, however it’s the
application was not known by our Indian the utilization of finger impression which was
otherwise called ‘TRIJA’ by the unskilled people was actuated centuries ago it was known at
that time as well that the same are inimitable. Ancestors in the present scientific from but
its detailed reference can been seen from our literature written 2300 years ago like the
Kautilya’s Arthhashastra.

The ancient world lacked standardized forensic practices, which aided criminals in escaping
punishment. Criminal investigations and trials relied on forced confessions and witness
testimony. However ancient sources contain several accounts of techniques that
foreshadow the concepts of forensic science that is developed centuries later, such as the
"Eureka" legend told of Archimedes (287–212 BC) in ancient India too, medical opinion was
frequently applied to the requirements of the law. By law the minimum age for the marriage
of girls was fixed at 12 years; the duration of pregnancy was recognized as being between 9
and 12 lunar months with an average of 10 months and there is evidence that doctors had
to opine on such cases
Forensic science in its broadest definition is the application of science to law. As our society
has grown more complex, it has become more dependent on rules of law to regulate the
activities of its members. Forensic science applies the knowledge and technology of science
to the definition and enforcement of such laws.
The government finds it increasingly necessary to regulate the activities that most intimately
influence our daily lives, science merges more closely with civil and criminal law. Consider,
for example, the laws and agencies that regulate the quality of our food, the nature and
potency of drugs, the extent of automobile emissions, the kind of fuel oil we burn, the purity
of our drinking water, and the pesticides we use on our crops and plants. It would be
difficult to conceive of a food or drug regulation or environmental protection act that could
be effectively monitored and enforced without the assistance of scientific technology and
the skill of the scientific community. Laws are continually being broadened and revised to
counter the alarming increase in crime rates. In response to public concern, law
enforcement agencies have expanded their patrol and investigative functions, hoping to
stem the rising tide of crime.
Regrettably, science cannot offer final and authoritative solutions to problems that stem
from a maze of social and psychological factors. However, science occupies an important
and unique role in the criminal justice system—a role that relates to the scientist’s ability to
supply accurate and objective information about the events that have occurred at a crime
scene. A good deal of work remains to be done if the full potential of science as applied to
criminal investigations is to be realized.

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 {FIELDS OF FORENSIC SCIENCE}

LAW = Analytical Chemistry

Criminology
MEDICINE = Forensic Anthropology
Forensic Medicine
Forensic Psychiatry
{FORENSIC SCIENCE} ----- Science= Fire-Arm Identification
Fingerprint Examinations
Questioned Documents Examinations
PHILOSOPHY= Tool-Mark Examinations
Physics
Serology
POILCE WORK= Sociology
Toxicology
Philosophy

“Forensic science is the application of science to the criminal and

civil laws that are enforced by police agencies in a criminal justice
system. Forensic science is an umbrella term encompassing a
myriad of professions that use their skills to aid law enforcement
officials in conducting their investigations”

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Forensic Science is the application of natural science to the matters of the law. Forensic
Science consists of many subfields where the knowledge is largely heuristic. A study of
forensic science deals directly with materials and indirectly with men, places and time.
According to the principle of exchange of trace evidence described by E.Locard, the transfer
of material from one to the other takes place particularly in crimes of violence. Recognition,
of physical evidence in its proper preservation and analysis can often provide important
information to courts and to juries in associating the physical evidence in attempts to
establish the accused, victim, crime scene and weapon.

Forensic science in today‘s world is an advanced scientific technique which is used in

criminal and civil investigations, it is capable of answering important questions and forms an
integrated part of criminal justice system. Both State and Central Government have
developed Labs for the same which intern assist courts, police system and private agents
and individuals during investigation or cross examination procedure. During the
investigation forensic evidence is collected by the expert at the scene of the crime and each
evidence is so collected is so unique in its own way that it becomes necessary to test it and
to analyses it separately in order to reach to the conclusion. Sometimes, complex cases
involve multiple experts specializing in the same field to examine and to give the analysis
with respect to the evidence so collected.
Forensic Science deals with various branches but one of the most important branches is
Forensic Toxicology. Toxicology can be defined as a “science which deals with poisons with
regards to it properties, action on the human being, sources from which they are derived,
their toxic manifestations, estimation and detection by analytical methods and treatment.
Thus in short it is a science of poisons.
Knowledge regarding Toxicology is required for medical practitioner, whenever he faces
challenge and dilemma while dealing cases of poisoning in living as well in dead pesum.
Poisoning symptoms often mimics a case of disease condition and it is very difficult to
differentiate whether it is disease condition or it is an obscure case of poisoning. The word
toxicology is derived from Latin word TOXICON, which means arrow poison.

Toxicologists detect and identify drugs and poisons in body fluids, tissues, and organs. Their
services are required not only in such legal institutions as crime laboratories and medical
examiners’ offices; they also reach into hospital laboratories—where the possibility of
identifying a drug overdose may represent the difference between life and death—and into
various health facilities responsible for monitoring the intake of drugs and other toxic
substances. Primary examples include performing blood tests on children exposed to leaded
paints or analyzing the urine of addicts enrolled in methadone maintenance programs. In
systems with a crime laboratory independent of the medical examiner, this responsibility
may reside with one or the other or may be shared by both. Some systems, however, take
advantage of the expertise residing in governmental health department laboratories and
assign this role to them. Nevertheless, whatever facility handles this work; its caseload will

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reflect the prevailing popularity of the drugs that are abused in the community. In most
cases, this means that the forensic toxicologist handles numerous requests relating to the
determination of the presence of alcohol in the body.

WHAT IS TOXICOLOGY?

Toxicology is the study of the adverse effects of drugs and chemicals on biological systems.
It is understood as that branch of science which deals with poisons, and a poison can be
defined as any substance that causes a harmful effect when administered, either by
accident or design, to a living organism. Toxicology does embrace the study of deleterious
effects of substance exposure not only to the human body but also to the environment and
all other organisms existing in the environment.

Whereas, Forensic toxicology, is the use of toxicology and other disciplines such
as analytical chemistry, pharmacology and clinical chemistry to cases and issues where
those adverse effects have administrative or medico‐legal consequences, and where the
results are likely to be used in court. It is a thoroughly modern science, based on published
and widely accepted scientific methods and practices, for both analysis of drugs in biological
materials, and interpretation of those results. Many of the methods it employs have been
derived from innovations in clinical medicine and academic laboratories throughout the
world. The application of this knowledge of drug presence (through forensic toxicology) in
tissues is to meet the varied needs of the law.

The interpretation of effects of drugs and their duration of action for the purpose of a
medico-legal process is best referred to as forensic pharmacology, although there is overlap
between these two scientific disciplines. Forensic science in today‘s world is an advanced
scientific technique which is used in criminal and civil investigations, it is capable of
answering important questions and forms an integrated part of criminal justice system. Both
State and Central Government have developed Labs for the same which intern assist courts,
police system and private agents and individuals during investigation or cross examination
procedure. During the investigation forensic evidence is collected by the expert at the scene
of the crime and each evidence is so collected is so unique in its own way that it becomes
necessary to test it and to analyses it separately in order to reach to the conclusion.

Sometimes, complex cases involve multiple experts specializing in the same field to examine
and to give the analysis with respect to the evidence so collected. Today more than 30
million cases are still pending either the courts in India and agencies like the International
Forensic Sciences (IFS) and Central Forensic Science Laboratory (CBI) are used as an
alternative solution.

Medical Forensic Science and Indian Law

INMEDICAL-FORENSIC-SCIENCE-INDIAN-LAW

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FORENSIC TOXICOLOGY: A BRIEF HISTORY
According to Sarmah(2008); “Tracing back historical background of evolution of Forensic
Toxicology, examples are found in the famous treaties “MANUSMRITI” of Manu(3102BC),
the first traditional King and Law giver in India (3000-1000BC) described various poisions
along with diagnosis and their remedial measures.

“Agnivesa Chackra Samhita” is the first treaties of Indian medicine and origin of medical
ethics (7th century,BC) where various poisons with symptoms, signs and treatment of
poisoning are found. Kautilyas Arthashastra laid down the Law Code an Penal Laws apart
from describing poisons. Shusruta, the father of Indian Surgery (2000-30000AD) describing
poisonous snakes elaborately in the famous Shurruta Samhita , Apart from symptoms , signs
and treatment of poisons , different mode of administration were also described.

Unfortunately, during the Mughal and British Rules due to lack of patronage Indian
Medicine could not develop further. Justinian code of Rome (483-565 AD) considered as
earliest medical code in Europe, included medico-legal problems of poisoning.

J.B.Orifila (1787-1853AD) Professor of chemistry and legal medicine in Paris is regarded as

founder of modern Toxicology for his valuable contribution in this field. His book on
Toxicology still regarded as treaties in the field of Toxicology. The first British Toxicologist Sir
Robert Christian, a notable physician opined that in case of negative report of analysis,
Court should consider post mortem findings recorded by medicolegist and circumstances of
poisoning.

DEVELOPMENT OF FORENSIC SCIENCE IN

INDIA:

Indus Valley Civilization (3250-2000 BC) –

Indus valley civilization has been accepted by all that it is much more ancient than
the written chronicles of Indian history. In this period metals and minerals like Arsenic;
Sulphur; Mercury; Lead; Copper may have been used in melting and alloying process
but it is just as likely that they were used for the purpose poisons ,medicine, weapons
cosmetics and colorant. Gwen Robbins Schug study showed a plenty of evidence of injury
caused by blunt force trauma and gives idea about commonly used weapons like
cudgel, long club for assassination and ancient skeletons give evidence for leprosy in
India and use of orpiment in its treatment purpose. During of metallic seals were for
controlling adulteration this period metallic seals were used for controlling adulteration.

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Manu (3102 BC) –
Manu prescribed a wide number of rules & regulations for controlling criminal activity
likely fixing age of marriages and punishment for offences like rape ,unnatural sexual
offence ,abortion , infanticide ,abduction, adultery, intoxication, murder, early age
marriages, injury .He directed how to record evidence in trial and disregard the
evidences of drunk, insane, old and diseased subjects, children and weak minded
individuals.

Charaka (Seventh Century BC)-

Charaka the “Father of Indian medicine” drew the medical practitioner to protect the
community from malpractice and developed medical ethics. He described the social status
for the physicians and gave guidelines regarding duty of a physician in case of poisoning
and diagnostic touchstone for early identification of poisoning cases. Charaka classified
the poison on the basis of it origin i.e. -sthavara (poisonous plant) and jangama
(poisonous animal like venomous snake, insect, venomous arachnids and other
venomous creatures). He explained the 8 stages of poisoning with symptoms. Charaka
highlighted “GARAVISHA”a special type of poison – akin to artificial or mechanical poison
which produces sub-acute and chronic toxicity, not only that he also described
doosivisha(cumulative toxicity), Madatayaya (alcohol intoxication) ,medico legal
importance of alchol,assault and injury by poisonous weapon, bee sting envenomation,
spider, scorpion envenomation, rat bite, poisonous fish , frog and prescribed a large
number of antitoxic and antioxidant herb mineral formulation for toxicological
management .He prescribed 24 remedial measures including first-aid measures
,eliminative therapy like –emesis, purgation, bloodletting, snuffling etc ; countering
therapy - antidotes, antioxidant, antitoxic medication etc ;cardio protective therapy
;resuscitation therapy , symptomatic therapy. Charaka strongly recommended blood-
letting therapy for removing toxin from the blood stream; it is
one kind of haemofiltration technique to eliminate toxin from the human body and the
ancient nashya(insufflations)-an aerosol nasal therapy, non –invasive delivery of drugs
to the human brain. A study by Ramesh Raliya (2017), showed that the nano particles of
the nasal spray reached the brain within 30 minute and crossed the blood –brain –barriers.

Sushruta(1000-1500BC) –
Father of Indian surgery Sushruta defined agadatantra, a term akin to the modern term
“toxicology. He defined “Agadatantra”as a special branch of Ayurveda which deals with the
signs and symptom and also their detection and management of poisoning resulting from
the bite of snakes, arthropod and various other poisons produced by improper
combinations of subastances or drugs. He described there envenomation sign symptom and
classified snake in five families on basis of morphological characteristics such as
arrangement of lepidosis, dentition and fang markslength , eye, sexual character and
venom.

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Darvikara-
This family includes 26 species .These snakes are hooded and fast-moving ,because of
fast body movement they have ability of snapping bite, having marks of wheel, plough,
auspicious cross paralysis of the muscles resulting into death due to respiratory arrest.
These snakes can be correlated with Elapidae family snakes like cobra (Naja). Cobra can
extend neck into a hood, there may be monocilate or binocilate marks. on the hood; this
marks are similar to those described by Sushruta and has ability to fast movement and
on envenomation , neurotoxin venom of cobra paralysesthe tongue ,inter-costal
muscles, diaphragm, scalene muscles resulting paradoxical respiration at last death due to
respiratory failure.

NIRVISHA AND VAIKARANJA –

They have described cosmetic toxicity, dermatological manifestations and its treatment.

Forensic Science :
An amalgamation of almost all faculties of knowledge is an essential and efficient enabler in
the dispensation of justice in criminal, civil, regulatory and social contexts. Historically our
forefathers in India have practiced forensic application in variety of forms. Present day
Indian forensics, as chronicled, owes its genesis to several British initiated ventures such as
Chemical Examiner‘s Laboratory (Madras, 1849), Anthropometric Bureau (1892), Finger
Print Bureau (1897), Inspectorate of Explosives (1898), Office of Government Handwriting
Expert (1904), Serology Department (1910), Foot Print Section (1915), Note Forgery Section
(1917), Ballistics Laboratory (1930) and Scientific Section (1936). Having subsequently
undergone clubbing / regrouping / spreading, as of now, there are 28 State / Union Territory
Forensic Science Laboratories (State / UT FSLs) along with their Regional FSLs (32 RFSLS) and
Mobile FSLs (144 MFSLs); they are mostly with the respective Home Department either
directly or through police establishment.

Dr. Nirpat Patel The Role in Criminal investigation- Admissibility in Indian Legal System and future perspective, International Journal of
Humanities and Social Sciences

Matthewr. Burne Vernalpoole, Massachusetts Aerial Photo Survey of Potential Vernal Pools, 2001

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 MEANING OF FORENSIC TOXICOLOGY:

Toxicology is the study of the adverse effects of drugs and chemicals on biological systems.
It is understood as that branch of science which deals with poisons, and a poison can be
defined as any substance that causes a harmful effect when administered, either by
accident or design, to a living organism. Toxicology does embrace the study of deleterious
effects of substance exposure not only to the human body but also to the environment and
all other organisms existing in the environment. Whereas, Forensic toxicology, is the use
of toxicology and other disciplines such as analytical chemistry, pharmacology and clinical
chemistry to cases and issues where those adverse effects have administrative or
medico‐legal consequences, and where the results are likely to be used in court.3 It is a
thoroughly modern science, based on published and widely accepted scientific methods and
practices, for both analysis of drugs in biological materials, and interpretation of those
results. Many of the methods it employs have been derived from innovations in clinical
medicine and academic laboratories throughout the world. The application of this
knowledge of drug presence (through forensic toxicology) in tissues is to meet the varied
needs of the law. The interpretation of effects of drugs and their duration of action for the
purpose of a medico-legal process is best referred to as forensic pharmacology, although
there is overlap between these two scientific disciplines.

The first comprehensive work on Forensic Toxicology was published in 1813 by Mathieu
Orfila. He was a respected Spanish chemist and the physician who is often given the
distinction of “Father of Toxicology.” His work emphasized the need for adequate proof of
identification and the need for quality assurance. It also recognized the application of
forensic toxicology in pharmaceutical, clinical, industrial and environmental fields. The
primary concern for forensic toxicology is not the legal outcome of the toxicological
investigation, but rather the technology and techniques for obtaining and interpreting the
results. Forensic toxicology is governed through various professional certifying and
accrediting boards in various places such as- The American Board of Forensic Toxicology
(ABFT) - and promotes professional development and education through major professional
organizations, the Society of Forensic Toxicologists (SOFT), the American Academy of
Forensic Sciences (AAFS), and international organizations such as The International
Association of Forensic Toxicologists (TIAFT).

As a matter of fact we know that with the advent of 21st century, the scope of a forensic
toxicology service has technically and intellectually become very demanding. Even though
the short-comings of forensic toxicology persists in some spheres, still its role in delivering
the justice and solving criminal cases has been highly appreciated and relied upon. Yet after
the limitations, the court and society at large depends on the findings of the forensic
examination and reports. The growth of forensic studies in field of toxicology is witnessed
because as the society advances and becomes more complex, the crime presents itself in
different forms. This correspondingly necessitates the employment of modern scientific
techniques in investigation. This need of the society is taken care by the field of forensic
toxicology.

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 APPLICATION OF FORENSIC TOXICOLOGY

This area of forensics has evolved to mean the study of illegal drugs and legal ones such as
alcohol. It has been already discussed above that forensic toxicology can identify poisons
and hazardous chemicals which can be used in interpreting the outcome or the real
situation. The chemical makeup of each substance is studied and they are also identified
from different sources such as urine or hair. Forensic toxicology deals with the way that
substances are absorbed, distributed or eliminated in the body the metabolism of
substances. When learning about drugs and how they act in the body, forensic toxicology
will study where the drug affects the body and how this occurs. While there are many uses
for forensic toxicology testing, the most familiar one to most people is likely to be drug and
alcohol testing. This type of testing is commonly performed in the transportation industry
and in workplaces. Another use is for drug overdoses, whether these are intended or
accidental. People who drive with a blood alcohol concentration over the accepted legal
limit can also be accessed through toxicology testing. Another application of forensic
toxicology relates to sexual assault that involves the use of drugs. Various drugs are used
today for the purposes of rendering the victim unable to fight the attacker, who then
proceeds to sexually assault the victim. Through toxicology testing, a victim can find out
what drug was given and can then be treated accordingly.

There are a lot of substances and poisons in our world many of which impact how we
function in work and society. Forensic toxicology is also applied in cases of post-mortem
investigations where toxicology is required to establish if an excessive intake of the drug
occurred and, if so, whether this contributed to death. Forensic toxicology testing allows
forensic scientists to identify substances and determine a pattern of use. Suicidal, homicidal
and accidental cases of poisoning are common in India and in other countries. With the
availability of various agents like pesticides, insecticides, drugs, chemicals the probability of
the misuse of the same is happening. The substances of preference for poisoning are
aconite, strychnine, calotropis, oleander, copper, mercury, arsenic etc. The forensic
toxicology laboratory, thus, analyzes body fluids and tissues to determine the presence of
these substances. Toxicologists conduct the analysis, issue reports on their findings, and
provide court testimony to interpret the test results.

SUB-DIVISION:

a) Forensic accounting is the study and interpretation of accounting evidence

b) -Forensic aerial photography is the study and interpretation of aerial photographic

evidence

c) Computational forensics concerns the development of algorithms and software to assist

forensic examination.

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 d) Criminalistics is the application of various sciences to answer questions relating to
examination and comparison of biological evidence, trace evidence, impression evidence
(such as fingerprints, footwear impressions, and tire tracks), controlled substances,
ballistics, firearm and tool mark examination, and other evidence in criminal investigations.
In typical circumstances evidence is processed in a Crime lab.

e) Forensic dactyloscopy is the study of fingerprints.

f) Digital forensics is the application of proven scientific methods and techniques in order to
recover data from electronic / digital media. Digital Forensic specialists work in the field as
well as in the lab.

g) Forensic document examination or questioned document examination answers questions

about a disputed document using a variety of scientific processes and methods. Many
examinations involve a comparison of the questioned document, or components of the
document, with a set of known standards. The most common type of examination involves
handwriting, whereby the examiner tries to address concerns about potential authorship.

The object of this project report is to understand the origin of Forensic Science and its
introduction along with development in India. This paper will explain how this science has
become an integral part of our justice system along with the impact it has created on the
perception of experts. How medical science deals with law?

1. To improve the quality of laboratory services provided to criminal justice system.

2. To develop and maintain criteria which can be used by a laboratory to assess its level of

3. Performance and to strengthen its operations.

4. To provide an independent, impartial and objective system by which laboratories can be

5. Benefited through a total operational review.

6. To offer to the general public and users of the laboratory services a means of identifying

7. Those laboratories which have demonstrated that they meet established standards.

Sir Krishna, Forensic Science, Symbiosis Law School, Pune, India,

NATIONAL ACCREDITATION BOARD FOR TESTING AND CALIBRATION LABORATORIES, specific guidelines for accreditation of forensic
science laboratories and checklist for assessors.

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SIGNIFICANCE OF FORENSIC TOXICOLOGY
Forensic science is the application of a broad spectrum of sciences to answer questions of
interest to a legal system. This may be in relation to a crime or a civil action. Besides its
relevance to a legal system, more generally forensics encompasses the accepted scholarly or
scientific methodology and norms under which the facts regarding an event, or an artefact,
or some other physical item are ascertained as being the case. In that regard, the concept is
related to the notion of authentication, where by an interest outside of a legal form exists in
determining whether an object is what it purports to be, or is alleged as being. As it has
been noted above that the use of drug has become a significant and social problem in the
society therefore the chemical testing of biological specimens from individuals is generally
accepted to be the most objective method for determining the drug use. Drug testing with
the help of forensic is increasingly used within the criminal justice system to monitor drug
use.

As such, toxicological analysis represents a tool for assessing the degree of impairment
exerted by a drug or combination of drugs. With the ultimate degree of impairment being
death, toxicological findings are also used to determine cause and manner of death. Every
year many people are found dead in unexplained circumstances: they may be found in bed
at home or in hotels, or in squats or on open ground. Evidence found at the scene, such as
empty tablet bottles, bottles of alcohol or drug-taking paraphernalia can help to indicate a
drug or alcohol-related death. Toxicological analysis can be crucial in determining the cause
of death and many such cases are submitted to LGC Forensics from coroners and the police.
Suspicious deaths in nursing homes and hospitals are particularly challenging, as the
interpretation of high levels of a prescribed drug in an individual with some tolerance to its
effects can be complex.

The most common application of toxicological findings to assess or explain performance

impairment is to determine whether an individual has been driving under-the-influence
(DUI) of ethanol (alcohol) and/or drugs (DUID). Another application is to determine whether
the actions, behavior or demeanor of a homicide subject or suspect were affected by drugs
or alcohol at the time of the incident and, thereby, offer potentially mitigating
circumstances when the case is brought before a jury. The study of toxicology serves society
in many ways, not only to protect humans and the environment from the deleterious effects
of toxicants but also to facilitate the development of more selective toxicants such as
anticancer and other clinical drugs and pesticides.

Clearly, toxicology is preeminently an applied science, dedicated to the enhancement of the

quality of life and the protection of the environment. Data on forensic evidence collected at
crime scenes included DNA material, weapons evidence, latent prints, ballistics, trace
evidence, and other types of forensic evidence. Through crime lab reports, it was possible to
determine the number of cases with requests for analysis by investigators and the results of
the analysis by forensic scientists. Comparisons were then made between open and closed
cases from the two participating

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 DISCIPLINES OF FORENSIC TOXICOLOGY

Death investigation toxicology (Postmortem toxicology)

Post-mortem forensic toxicology involves analyzing body fluids and organs from death cases
and interpreting that information. Sudden unexpected and/or unexplained deaths become
coroner’s cases or fall under the jurisdiction of the medical examiner. Forensic toxicologists
work with pathologists, medical examiners in helping to establish the role of alcohol, drugs
and poisons in the causation of death.

1. The toxicologist identifies and quantifies the presence of drugs and chemicals in blood
and tissue samples. This is done using state of the art chemical and biomedical
instrumentation capable of detecting small amounts of toxic materials, positively
identifying them, and accurately measuring how much is present.
2. Accuracy, validity and reliability are essential, as this information is used in the
determination of cause and manner of death.
3. Accurately establishing the appropriate cause and manner of death has serious
implications for public health and public safety, and forensically reliable toxicology is
an essential component of that process. Death investigation toxicology is performed
by both public and private laboratories and many private forensic laboratories provide
specialized expertise and services not available in government laboratories.

Human performance toxicology

Human Performance Toxicology deals with the effects of alcohol and drugs on human
performance and behavior, and the medico‐legal consequences of drug and alcohol use.
This may include investigations of impaired driving, vehicular assault and homicide, drug
facilitated crimes including sexual assault, and aircraft, motor vehicle and maritime collision
investigations.8 It can be referred to as behavioral toxicology.9

1. Forensic toxicologists perform analysis of drugs and alcohol in biological samples,

typically blood and urine, but increasingly in other matrices such as oral fluid, and hair,
for the purposes of determining the timing, extent, and impairment resulting from
different patterns of drug and alcohol use. The toxicologist uses those analytical
methods that are found in many research and hospital laboratories to isolate drugs
from complex biological samples, prepare them for analysis through extraction and
purification, then determine the identity and amount of drug present.
2. This can include performance enhancement which occurs following the use of
stimulants, and impairment from recreational or prescription medication use and
misuse.
3. Many blood alcohol and drug testing cases are performed in accredited private or
academic forensic toxicology laboratories. Forensic toxicologists frequently testify in
court to both their findings and to their interpretation. This type of testing may occur

20
 in public crime laboratories, but also may be a function of a health department in
some states.

Doping control
Governing bodies of most competitive and intramural sports have derived rules regarding
performance enhancing drug use to protect the health and welfare of the amateur and
professional athletes, to maintain a fair and even competitive standard, and avoid wagering
fraud. This applies to both human and animal sports and athletes. International groups such
as the International Olympic Committee (IOC), the World Anti‐Doping Agency (WADA), and
the International Federation of Horseracing Authorities (IFHA) work to update and maintain
these lists as patterns of drug use change. Forensic toxicologists in this field use many of the
same high performance analytical methods to detect current and historical use of banned
substances, including stimulants, anabolic steroids, and diuretics. This type of testing occurs
in commercial and public accredited laboratories around the world, though there is also
testing of high‐school, college and other athletes that occurs in private laboratories.

Forensic workplace drug testing

Use of drugs by people in the workplace has significant safety and economic consequences.
Consequently, in many states, workers in safety sensitive positions are prohibited from
using recreational drugs or taking certain medications without a prescription. Particularly, in
recent years there has been increased emphasis on testing employees to make sure that
they are not using drugs while on the job. This testing started with workers in sensitive
situations or those who worked in dangerous environments, such as police officers,
locomotive engineers, pilots, etc., but has since spread to many other occupations.
However, the testing has to be done through some enforcing standards (that has to be
made by legislation through forensic departments) that requires pre‐employment, random,
and for‐cause drug testing, such as following an accident or a transportation collision. The
majority of workplace drug testing is not covered directly by accreditation programs hence
there are numerous examples of improper procedures and conclusions that have led to the
termination of employees based on faulty drug testing.

Systematic toxicological analysis

Sampling is of the utmost importance for a successful systematic toxicological analysis (STA).
The reliability and accuracy of any toxicological result is usually determined by the nature
and integrity of the specimen(s) provided for analysis. Appropriate selection, sampling and
proper storage of biological evidence are important, yet sometimes over-looked, steps in
forensic toxicology, particularly when the results are to be used in the judicial system. To
address the issue of sampling for forensic toxicological analysis, selection of proper
specimen, availability and recommendations of specimen types, amounts that should be
collected and submitted to laboratories expected to perform STA, and criteria for ensuring
quality assurance in sample collection is pertinent. Generally speaking, STA involves the
identification of a "general unknown", as opposed to the detection of common drugs or
metabolites from a finite list. In order to establish impairment from toxicological findings, a

21
relevant substance must be identified within a relevant specimen. In forensic toxicology, the
purpose of sampling is to provide a representative part of the whole that is suitable for
screens and confirmations, affords reliable interpretation, and, when possible, allows for
subsequent re-analysis, if required. Given this, it should be recognized that sampling is case-
dependent.

Sampling includes
a. Of sample material suitable for analysis;
b. Sampling at the correct point of time;
c. Sufficient quantity;
d. Suitable Selection sampling technique;
e. Adequate container;
f. Unique labelling;
g. Appropriate storage;
h. Packaging, transport or handing over of sample(s) with a request form;
i. Confirmation of receipt in the laboratory, intermediate storage until analysis is
performed;
j. Storage mode and time of remaining material in storage;
k. Disposal of sample(s);
l. Complete documentation of all individual steps in the procedure (chain of custody).

SAMPLES USED IN TOXICOLOGY STUDIES:

Urine:

A urine sample is quick and easy for a live subject, and is common among drug testing for
employee of athletes. Urine sample do not necessarily reflect the toxic substances unless
the subject was influenced by it at the time of the sample collection. 14 Urine is a valuable
specimen for both ante mortem and post mortem drug testing because it is a relatively
uncomplicated matrix.15 The amount required for sampling is 50 ml or total amount.16 It is
considered as the best specimen for comprehensive drug and poison screening is urine.17

Blood:

Blood provides unique advantages over other matrices in terms of the wide variety of
analytical methodologies available. A blood sample of approximately 10 ml is usually
sufficient to screen and confirm most common toxic substances. A blood sample provides
the toxicologist with a profile of the substance that the subject was influenced by at the
time of collection; for this reason, it is the sample of choice for measuring blood alcohol

22
content in drunken driving cases. For cases of poisoning where gaseous or volatile
substances are involved, samples of brain, lungs and blood must be collected immediately
using gas-tight containers, and if possible, tarred, cooled glass containers.18 Maintaining a
frozen fraction of blood may help ensure better analyze stability in later re-analyses.

Hair:

Hair has been used in variety of toxicology settings to provide a history of drug exposure
and has therefore found applications in workplace drug testing, in monitoring of persons on
probation or on parole for drug use, in insurance testing to verify the truthfulness of
statements made by applicants relating to whether they use drugs or are smokers, in drug-
facilitated sexual assault and in other types of criminal case- work.19 Hair is capable of
recording medium to long-term or high dosage substance abuse. Chemicals in the
bloodstream may be transferred to the growing hair and stored in the follicle, providing a
rough timeline of drug intake events. However, testing for drugs in hair is not standard
throughout the population. For eg- If two people consumed the same amount of drugs, the
person with the darker and coarser hair will have more drug in their hair than the lighter
haired person when tested. This raises issues of possible racial bias in substance tests with
hair samples.20 Approximately 100-200 mg of hair should be collected from the vertex
posterior on the back of the head by cutting as close to the scalp as possible, ensuring that it
is clearly marked which end is closest to the scalp and appropriately securing the hair into a
bundle with a rubber band, twist tie, or string. The hair sample may then be placed into
aluminium foil, an envelope, or plastic collection tube and stored at room temperature until
analysis. Therefore concluding that, hair is considered as one of the most useful specimens
for STA, when there has been a significant delay between suspected exposure to a drug or
poison and reporting to law enforcement.

Oral fluid:

The use of oral fluid is gaining importance in forensic toxicology for showing recent drug
use, e.g. in clinical settings or investigation of driving under influence of substances. It can
be collected non-invasively, conveniently and without invasion of privacy and is most
commonly collected fluid from the oral cavity for the determination of drugs.22 The use of
oral fluid is gaining importance in forensic toxicology for showing recent drug use, e.g. in
clinical settings or investigation of driving under influence of substances. It is composed of
many things and concentrations of drugs typically parallel to those found in blood.
Sometimes referred to as ultra filtrate of blood, it is thought that drugs pass into oral fluid
predominantly through a process known as passive diffusion. Drugs and pharmaceuticals
that are highly protein bound in blood will have a lower concentration in oral fluid.

Vitreous humor:

It is one of the post-mortem specimens. The availability of autopsy specimens in post-

mortem toxicology allow for a more flexible analytical approach to the analysis, although
some specimens have more value than others when specific drugs or poisons are involved in
the death. The fact that vitreous humor resides in an anatomically isolated and protected
area of the body (behind the lens of the eye), coupled with its good stability as a biological

23
fluid, makes this specimen more resistant to putrefactive changes than other post-mortem
specimens. All available vitreous fluid from each eye should be collected
separately. Vitreous humor is particularly useful for post-mortem analysis of glucose, urea
nitrogen, uric acid, creatinine, sodium and chloride. These are important analyses for the
evaluation of diabetes, degree of hydration, electrolyte imbalance, post-mortem interval
and the state of renal function prior to death.

Gastric contents:

Gastric content is a potentially valuable specimen for analysis in post-mortem and clinical
cases. Oral ingestion remains the most popular means of exposure to drugs and poisons.
Therefore, gastric contents are essential for screening tests. All of the available sample
should be collected without the addition of a preservative. Undigested pills and tablets
should be separated and placed into plastic pillboxes for analysis. After opening the
abdominal cavity, the stomach should be tied off and then removed, subsequently emptying
the contents into a container and documenting the total amount. Suspicious items such as
tablet remnants and herbal matter etc. should be isolated, dried (e.g. on cellulose tissue)
and stored separately. Gastric contents are non-homogeneous and should be homogenized
prior to sampling.

Tissues:

Tissue samples collected in post-mortem investigations generally provide supplemental

information to the toxicologist to assist in interpretation of their results. In STA, analysis of
the correct tissue specimen may be vital to the identification or confirmation of an unknown
causative agent. When tissues are sampled they should be collected quickly and placed
immediately into airtight containers. Liver, kidney, brain, lung and spleen are the most
frequently collected post-mortem tissues.

Forensic science is defined as the application of science in answering questions that are of
legal interest. More specifically, forensic scientists employ techniques and tools to interpret
crime scene evidence, and use that information in investigations. Forensic scientists and
technicians come from a variety of academic backgrounds, although most have completed
coursework in the life sciences, chemistry and law enforcement. The creation of National
Accreditation Board For Testing and Calibration Laboratories (NABL) has been for the
purpose of four objectives which define the purpose and nature of the program.

24
The Science:
The expository period of legal toxicology has experienced unlimited change since its
initiation in the mid-nineteenth century. Never again are nonspecific tests, e.g., shading
responses, adequate for motivations behind logical verification of the nearness of some
substance of concern. As scientific instruments have advanced, so have the desires of the
field. Today, the sign of a decent scientific toxicological recognizable proof is predicated on
the utilization of two diverse systematic procedures utilizing two distinctive physicochemical
standards wherever conceivable, with no less than one of the methods utilizing some kind
of molecular identification.

The most well-known sub-molecular based devices in play at present in the lion's share of
scientific toxicology labs are hyphenated mass spectrometric methods. While gas
chromatography-mass spectrometry (GC-MS) was the pillar through a large portion of the
1980s for investigation of natural substances, including drugs, a move to fluid
chromatography-mass spectrometric (LC-MS) methods has happened. For metals,
inductively coupled plasma-mass spectrometry (ICP-MS) and optical discharge spectroscopy
(OES) are genuinely regular devices, and different methods, e.g., particle chromatography,
are likewise utilized for sundry different substances of toxicological concern . In regard to LC-
MS, single-stage innovations have offered approach to multistage (LC-MS/MS) or time- of-
flight (LC-TOF) forms, both requiring moderately less complex example planning while giving
enhanced affectability and specificity contrasted with more seasoned diagnostic
apparatuses.

The transformation of LC-MS in the most recent 20 years has been noteworthy. A decent
case of the adjustments in this method can be found in the Waters Corp. (Milford, MA)
beginning of bench top LC-MS instruments. In just roughly 20 years, this gathering
experienced a progression of changes from its Platform single-stage LC-MS, to its Micro LC-
MS-MS, to enhanced couple gadgets (Premier, TQD, TQS) and TOF instruments, each giving
upgrades in specificity, affectability, roughness, usability, programming, and issue-based
arrangements.

With the coming of new medications (both licit and illegal) and other compound exposures
and new administrative desires, the difficulties confronting the Forensic toxicologist today
are as considerable as ever some time recently. Strategy approval necessities, stringent ID
criteria, and the capacity of instruments today to recognize low centralizations of
substances (the "vanishing zero") facilitate add to the diagnostic difficulties in forensic
toxicology .

Translating explanatory discoveries in regard to relationship to impacts extending from

disability to death can be amazingly testing. Factors, for example, contrasts in digestion
system, anatomical wellspring of a given example, after death development of chemicals in
the body, and so forth., all make instabilities in any translation without extra data, e.g.,
conditions, perceptions, etc. All things considered, explanatory plans and interpretive
exactness must be founded on a comprehensive way to deal with any given case that
considers such things as case history, example gathering data, medicinal history, and timing
of occasions.

25
a) Forensic accounting is the study and interpretation of accounting evidence

b) -Forensic aerial photography is the study and interpretation of aerial photographic

evidence

c) Computational forensics concerns the development of algorithms and software to assist

forensic examination.

d) Criminalistics is the application of various sciences to answer questions relating to

examination and comparison of biological evidence, trace evidence, impression evidence
(such as fingerprints, footwear impressions, and tire tracks), controlled substances,
ballistics, firearm and tool mark examination, and other evidence in criminal investigations.
In typical circumstances evidence is processed in a Crime lab.

e) Forensic dactyloscopy is the study of fingerprints.

f) Digital forensics is the application of proven scientific methods and techniques in order to
recover data from electronic / digital media. Digital Forensic specialists work in the field as
well as in the lab.

g) Forensic document examination or questioned document examination answers

questions about a disputed document using a variety of scientific processes and methods.
Many examinations involve a comparison of the questioned document, or components of
the document, with a set of known standards. The most common type of examination
involves handwriting, whereby the examiner tries to address concerns about potential
authorship.

Forensic science is defined as the application of science in answering questions that are of
legal interest. More specifically, forensic scientists employ techniques and tools to interpret
crime scene evidence, and use that information in investigations. Forensic scientists and
technicians come from a variety of academic backgrounds, although most have completed
coursework in the life sciences, chemistry and law enforcement. The creation of National
Accreditation Board For Testing and Calibration Laboratories (NABL) has been for the
purpose of four objectives which define the purpose and nature of the program.

1. To improve the quality of laboratory services provided to criminal justice system.

2. To develop and maintain criteria which can be used by a laboratory to assess its level of

3. Performance and to strengthen its operations.

4. To provide an independent, impartial and objective system by which laboratories can be

5. Benefited through a total operational review.

6. To offer to the general public and users of the laboratory services a means of identifying

7. Those laboratories which have demonstrated that they meet established standards.

26
 The forensic science laboratories, or the organization, like the International Forensic
Sciences (Ifs), Indian Forensic Science Improvement Board and Central Forensic Science
Laboratory (CBI) etc. are legally identifiable. The forensic science laboratories are organized
and operated in such a way that it meets the accreditation requirements, while performing
work in its permanent, temporary or mobile facilities (including field operations and regional
laboratories). The laboratory clearly defines and documents the type and extent of the
forensic science services it provides. Management ensures that: a) The laboratory does not
engage in any activities that might diminish trust in its competence, impartiality, judgment
or operational integrity, and b) The laboratory personnel are free from commercial, financial
or any other pressure that might adversely affect the quality of their work.

27
The Law:

Science has a tendency to be truth looking for, while one capacity of the law is to settle
debate. This polarity does not generally make for good partners. It is occupant, be that as it
may, upon the scientific researcher to comprehend that he or she is not a backer, while that
is the part of a lawyer, i.e., to advocate for his or her customer .

In the antagonistic legal framework inside the United States, difficulties to the science
utilized as a part of criminal and common cases can be disagreeable, frequently with doubt
on both sides. That lawyers are distrustful of Forensic science is fairly grounded in truth with
complex cases of scientific science examinations gone away. For their part, in any case, the
lion's share of Forensic researchers are persevering, committed, essentially instructed, and
prepared people who play out their occupations with the most extreme of care and alert.

In 2009, the National Academy of Sciences issued a report entitled on “Strengthening

Forensic Science in the United States: A Path Forward”. This report was dispatched by the
U.S. Congress. While there were numerous discoveries depicted in the report, the basic
concentration was on scientific controls where design coordinating is the essential principle
of distinguishing proof, e.g., fingerprinting, chomp marks, shot correlations, and so forth .
The real reactions depended on an absence of logical standards supporting cases. A couple
of Forensic sciences were praised for solid logical legitimacy, including Forensic toxicology.
All things considered, it was perceived that all branches of legal science must be saturated
with science, have a solid logical research part, and be measurably stable. As of now,
activities from both the official and authoritative branches of the U.S. Government are being
considered to help the legal sciences to achieve these objectives.

In 1997, with redesigns in 1997, 2002, and 2006, the Toxicology segment of the American
Academy of Forensic Sciences (AAFS) and the Society of Forensic Toxicologists built up rules
for the act of Forensic toxicology. Prior to this time, scientific toxicology research centers
were pretty much left to their own particular gadgets in regard to quality activities. This
previous endeavor at self-control was comparatively radical and solidly settled this train as
one of the pioneers in advancing quality models. Sadly, determined as "rules," research
facilities were not committed to take after these proposals, in this manner rendering no
general acknowledgment for this record.

In October 2009, the Scientific Working Group in Toxicology (SWGTOX) was established.
Scientific working gatherings in the legal sciences are long-remaining, with every train
having its own particular working gathering, e.g., SWGDAM for DNA examination. The
capacity of these gatherings is to characterize the benchmarks of practice and best practices
inside every train. These gatherings were at first bolstered fiscally and basically by the U.S.
Bureau of Justice and now by the National Institute of Standards and Technology (NIST). It is
the expectation of NIST to allude to these gatherings as Guidance Groups with points of
interest of structure capacity still to be resolved. Notwithstanding their title, partially, these
gatherings are intended to fortify the legal sciences because of the worries raised by the
NAS report and different perceptions.

28
SWGTOX is involved Forensic toxicology professionals, scholastics, and other topic
specialists regarded important, speaking to legislative, private, and not-revenue driven
concerns. Models advancement includes a procedure that permits all partners influenced by
such norms to survey and remark before reception of the standard. To date, principles
seeing such issues as a code of expert lead, technique approval, explore, improvement,
testing, and assessment have been embraced. Close term, extra benchmarks on quality
control, mass spectrometry, work force necessities, and accreditation will be embraced.
Different parts of scientific toxicology, e.g., distinguishing proof measures, will be
anticipated. While there is no authorization component as of now doled out to the SWGs, it
is foreseen that the disappointment of research centers to receive such measures will be
risky as these offices are stood up to with them in the court.

Forensic toxicology professionals and labs can be guaranteed and authorize, individually. As
in the field of solution, where board affirmation does not ensure greatness in the clinician,
confirmation and accreditation don't ensure unrivaled practices by a Forensic toxicologist or
lab; be that as it may, they do show negligibly worthy learning and practices. In entirety,
however, adherence to SWGTOX models and affirmation/accreditation ought to give
certainty to the overall population and the legitimate framework that any given individual or
research center is addressing the necessities of a quality-based scientific toxicology
framework.

Law governing forensics in India:

Arising out of a growing concern over the burgeoning incidence of poisoning worldwide,
coupled with a lack of public awareness about its seriousness, the government has
incorporated provisions regarding the abuse of poison and admissibility of the reports of
medical examinations into the Indian legislation.

In India, law regarding evidence is uniform in both Civil and criminal cases, the degree of
proof required may be somewhat different in civil and criminal cases but mode of giving
evidence is govern by same legislation. In India, we have adversarial system of justice
administration and ordinarily medical evidence is admitted only when the expert gives oral
evidence under oath in the courts of law except under special circumstances like:

1. When evidence has already been admitted in a lower court;

2. Expert opinions expressed in a treatise

3. Evidence given in a previous judicial proceeding;

4. Expert cannot be called as witness;

In, India, Hospital records like admission/discharge register, birth/ death certificates etc., it
is a common perception that lot of time and effort is required to record evidence and

29
therefore by enlarge members of the medical profession does not like to involve in medico
legal cases. Some of the possible reasons put forward for this perception are:

1. Undue time consumption

2. Repeated adjournments; Criminal Procedure Code and Indian Evidence Act 1872 are the
parent procedural laws which govern criminal trials in India, while Criminal procedure Code
prescribes the procedure from the point of taking cognizance of crime by appropriate
judicial Magistrates till the delivery of final order of Conviction or acquittal or any
appropriate order looking into the fact of the case. Indian Evidence Act is limited in its scope
of leading evidences in civil or criminal cases either by the prosecution or defendant,
applicant or respondent.

Act also deals with kind of evidences and relevancy of any fact which can be brought as
evidence in any case. {Sec. 313} of the Criminal Procedure Code (Cr.P.C.) must also be
amended so as to draw adverse inference against the accused if he fails to answer any
relevant material against him therefore, making it easy for the law enforcers to use DNA
tests against him. The field reality is that while the same Code of Criminal Procedure,
(Indian) Evidence Act and (Indian) Penal Code apply to all the citizens of India, forensic
services accorded to the different population segments by the various delivery units of the
Union, State and UT welfare governments, however, differ owing to gradients of
professional (training) development, procedures & processes, external exposure, equipment
etc. resources, enabling logistics and service conditions. The scene also represents inter-
regional variations with respect to the population size, and the volume and nature of
crimes. So far as criminal jurisprudence in India is concerned doctrine of onus probandi is in
the field and therefore ―

One shall be presume innocent till his crime is proved not only proved but proved beyond
reasonable doubt, this principle of Onus probendi is recognized under chapter of the
Evidence Act which has restricted use of forensic science in criminal trials in India. It is very
difficult to say anything beyond reasonable doubt so far as techniques of ascertaining fact
with the help of forensic science is concerned. But with the passes of time modern
techniques developed in the field of Forensic science are capable of ascertaining facts
somewhat beyond reasonable doubt. In this background it is more appropriate to conduct a
study in the recent Judgments of Supreme Court of India to see the change in the approach
and attitude of Judiciary in appreciating forensic evidences in Criminal cases.

Forensic Science is admissible in Indian law considering the IEA, within 4 aspects:

Witness, Admission, Facts and Circumstantial evidence. Here are superficial details of some
widely known laws that make forensic evidence admissible in the court of law: Most
important and widely known aspect of Forensic Science is DNA and it’s testing. There is no
official legislation passed w.r.t. to DNA testing in the Indian constitution, but Sec 53 and 54
of CrPC deals with examination of alleged person by a certified medical practitioner on
reasonable grounds of inquest. Sec 293 of CrPC lists some Government Scientific Experts for
the admissibility of expert opinion in the court of law. The expert is examined as a witness
for his/her opinion to be valid after cross contamination. Also Sec 45 of IPC provides

30
relevancy to expert opinion in any field of expertise in forensic science, to help the court in
framing judgments considering technically complicated and sophisticated matters. Forensic
Toxicology has been the most active branch of Forensic Science where separate acts were
introduced amending the existing laws and legislations.

Sec 272 to 278, Sec 284, Sec 328 of IPC: Deals with poisoning. Along with general
description of poisons, corrosive substances, adulterants, chemicals and medico-legal
aspects, there are acts like:

1. The Poison Act (1990)

2. Drugs and Cosmetics Act (1940)

3. Narcotic Drugs and Psychotropic substance (NDPS) Act (1985)

4. The Pharmacy Act (1948)

5. The Drugs Control Act (1950)

Scene of Occurrence:
A scene of occurrence can be defined as the meeting place of the persons involved in the
crime. Traces are exchanged by the parties amongst themselves and with the scene, leaving
odds and ends and mark of tools, wearing apparels, and means of transport, hands and
feet.15 Thus, the scene of occurrence provides a wealth of information which is useful to:
Establish corpus delicti Provide link between the criminal, the victim and the scene of
occurrence; and Evaluate the pattern of events. Except in the cases of forgery is less
important due to limited utility, the scene is of great importance in almost all crimes.16
Planning, care and diligence are required in the examination of the scene. The success or
failure of the investigation in many cases depends entirely upon the proper handling of the
scene. The scene of occurrence cannot be preserved forever and changes rapidly.17 Some
of the evidence gets lost soon after the occurrence; the other evidence disappears, gets
contaminated or altered with further passage of time.18 The opportunity to examine the
scene is available only once. If the same is not fully exploited the wealth of information is
lost forever.

Fingerprints:
The identification of criminals through fingerprints was the first important break-through in
the scientific investigation of crime. As usual, the judiciary and the public took some time to
believe in the utility of fingerprints as a scientific aid. The same is now recognized
throughout the world. The importance of fingerprints in criminal investigation is immense,
because they are: Unique Ridge pattern of each finger has individuality. The patterns vary
not only from one individual to another, but they are different in the same individual on
each finger. Duplication of pattern has never been observed. Nor the same is expected.
Permanent The fingerprints of an individual do not change throughout his life. In fact, the
ridges appear before birth. They start appearing during third or fourth month of pregnancy.

31
They remain even after the death of the individual ever till the epidermal skin is destroyed
by fire, putrefaction or is eaten by insects or other creatures. In a murder case the body of
the victim was partially burnt and buried.

The same was discovered many days after the murder. The body was completely disfigured
and could not be identified. The investigating officer got removed the remaining skin pieces
from the tips of the fingers through a doctor. He sent them to fingerprint bureau along with
the one authentic print of the deceased available on his will. The bureau confirmed the
identity of the deceased. The digital skin pieces were recovered and sent to the finger print
bureau. The fingerprints of the deceased tallied with the fingerprints of the convict,
available in the records, the permanence of fingerprints permits identification of an
individual even after many years, if his finger print record is available. Many criminals have
been identified through this medium after years of absconding. Universal All individuals and
hence all criminals carry this medium of identification.

The finger digits and surface of the hands carry the friction ridges. The fingers have more
intricate patterns. They allow easier individualization and classification. A criminal uses his
hands in the commission of crime. He leaves marks at the scene of occurrence or on the
objects which come in contact in the commission of crime. There are fair chances of
occurrence of finger prints, therefore in all types of crime. Inimitable Successful forgery of
fingerprints has not been reported so far. Near perfect forgeries have been attempted. It is
possible that the advancement of science may bring the forgery still closer to perfection but
complete success in the enterprise is extremely difficult, if not impossible. For all practical
purposes it may be taken that it is not possible to forge a fingerprint.

This is important because no person can deny his or her fingerprints. The identification
through fingerprints is certain and infallible. Another commonly heard term w.r.t. Forensic
Science is fingerprints. According to Sec 73 of IEA any person is compelled to give his/her
fingerprints on orders from the court. The Supreme Court has given special mention that
this section isn’t a violation of their fundamental rights. Sec 5 and 6 of Identification of
Prisoners Act has the same context and allows acquiring thumb impressions and
handwriting samples. It also declares that these shall not be used against the person as per
personal testimony.

INVESTIGATION OF INCIDENT PLACE:

Investigation of incident place be defined as the meeting place of the persons involved in
the crime. Traces are exchanged by the parties amongst themselves and with the scene,
leaving odds and ends and mark of tools, wearing apparels, and means of transport, hands
and feet. Thus, the scene of occurrence provides a wealth of information which is useful to:
Establish corpus delicti Provide link between the criminal, the victim and the scene of
occurrence; and evaluate the pattern of events. Except in the cases of forgery is less
important due to limited utility, the scene is of great importance in almost all crimes.
Planning, care and diligence are required in the examination of the scene. The success or
failure of the investigation in many cases depends entirely upon the proper handling of the

32
scene. The scene of occurrence cannot be preserved forever and changes rapidly. Some of
the evidence gets lost soon after the occurrence; the other evidence disappears, gets
contaminated or altered with further passage of time. The opportunity to examine the
scene is available only once. If the same is not fully exploited the wealth of information is
lost forever.

Track Marks:
The culprit approaches, stays and then leaves the scene of occurrence. He leaves track
marks on and around the place in the form of prints and impressions (collectively called
―marks‖) of feet, shoes, tires, hoofs and the like. The evidence often connects the criminal
with the crime conclusively. It should, therefore be properly understood, collected,
evaluated and presented in the courts. The track marks establish not only the presence of
the culprit at the scene of crime but also give the number of participants. The evidence is
helpful in tracking down the criminals to their houses or hide-outs, especially in India where
most of the people live in rural areas. The roads in the country side are not metal led.
Besides, the criminal, ordinarily, follows untraded routes; fields, garden and stream beds. He
leaves track marks on routes used before and after the commission of the crime. The nature
of the vehicle used in the commission of crime whether it is a cycle, scooter, car, bus, truck,
tractor, rickshaw, bullock cart or a buggie can be ascertained. It is sometimes possible to
identify the individual vehicle also. In some cases animals are involved in crimes sometimes.
For example, a horse or a camel may be used for transport; a cow, a buffalo or a bullock
may be stolen or a dog or a tamed wild best, like a snake or a tiger may be used to destroy
or kill a human-being or a domestic animal. The type of the animal or the beast can be
found out from the track marks. Foot Wear marks includes the marks of shoes, sandals,
chappals, socks and the like. The footwear may be factory- made or handmade.

MEDICO-LEGAL REPORT:
A medico-legal report (MLR) prepared by Doctors or Medical Examiner/Coroner in cases of
Toxicology cases, should comprise of following details:

What drug was consumed by the victim?

What was the method of ingestion?

How much time before was drug consumed by victim?

Why did the victim consume that drug? (Intelligence report)

What was the quantity of drug present in the system when analysed?

What was the effect of drug on the victim’s body? (Was it fatal, or by products were
harmful?)

How did victim got in possession with that drug?

33
 FORENSIC TOXICOLOGY AND OTHER STATUTES:

Criminal offences in Indian panel code (IPC)

In India mostly poisons are used for robbery and suicidal purposes. For eg- Datura is used by
that sect of the thugs who poisoned wayfarers. Even today the poisoning and robbing of
travelers was of frequent occurrence in India. Therefore, the administration of a poison is a
criminal offence whenever-

I. It is with intent to kill,

II. With intent to cause serious injury,
III. Used recklessly even though there is no intent to kill,
IV. For stupefying to facilitate a crime, eg., robbery or rape,
V. To procure an abortion,
VI. To annoy the victim,
VII. To throw poison on another person with intention to injure him26

Different sections of Indian penal code related to poisons are as follows:

I. Sec. 272 I.P.C.- Punishment for adulterating food or drink intended for sale;
II. Sec. 273 I.P.C.- Punishment for selling noxious food or drink;
III. Sec. 274 I.P.C.- Punishment for adulteration of drugs in any form with any change in
its effect knowing that it Will be sold;
IV. Sec. 275 I.P.C.- Punishment for knowingly selling adulterated drugs with less efficacy
or altered action;
V. Sec. 276 I.P.C.- Punishment for selling a drug as a different drug or Preparation;
VI. Sec. 277 I.P.C.- Punishment for fouling water of public spring or reservoir;
VII. Sec. 278 I.P.C.- Punishment for voluntarily making atmosphere noxious to health;
VIII. 284 I.P.C- Punishment for negligent conduct with respect to poisonous substance;
IX. Sec. 328 I.P.C.- Punishment' for causing hurt by means of poison or any stupefying,
intoxicating or unwholesome drug.

Law governing expert witness:

In so far as the Indian legal system and its position is concerned, when Indian Evidence Act
1872 or the Code of Criminal Procedure, 1973 were enacted, legislature could not anticipate
the tremendous development of modern science and technology and its deep impact on the
forensic science as well as well as administration of justice. However, it was later on that the
reports of the expert in relation to the results of forensic toxicology, became admissible as
the Indian Evidence Act permits evidence of the opinion of persons (called ‘experts’ under
the Act itself) specially skilled upon a point of foreign law, science, art, or as to identity of
handwriting or finger impressions, the opinions upon that point Expert evidence is
appreciated based on several factors such as the skill of the expert and the exactness of the
science. Since Expert witnesses may deliver expert evidence about facts from the domain of

34
their expertise therefore, they are usually instructed to produce a joint statement detailing
points of agreement and disagreement to assist the court or tribunal.

However, the Supreme Court has opined, in a case concerning specifically with the medical
examination of a victim of rape, that medical jurisprudence is not an exact science.30 If the
science itself is imprecise, expert opinion is only of corroborative value and insufficient to
secure a conviction by itself. Therefore such evidences have to be seen along with the
physical and circumstantial evidence in every case.

The main legal provisions, which govern the expert evidences, are in:

a. Indian Constitution. (Article 20 (3)),

b. Indian Evidence Act, 1872. ( Sections 45 & 112),
c. Code of Criminal Procedure, 1972. (Sections 53, 194 & 293).

Several other provisions:

For collection of blood samples, S. 53 of the CrPC is required which goes with the marginal
heading “Examination of the accused by Medical Practitioner at the request of the Police.”
This section deals with examination of the accused by a medical practitioner at the request
of the police officer, if there are reasonable grounds for believing that an examination of a
person will afford evidence as to the commission of offence. So it shall be lawful for a
registered medical practitioner at the request of the police officer not below the rank of
sub-inspector and for any person acting in good faith in his aid and under his direction, to
make such an examination of the person arrested as is reasonably necessary in order to
ascertain the facts which may afford such evidence and to use such force as is reasonably
necessary. This section does not specifically say whether it would be applicable for DNA
tests also. This section does not state that the police officer shall be entitled to personally
collect semen, blood, hair root, urine, vaginal swab, etc for the purpose of investigation
himself. By the amendment Act of 2005 the CrPC has been amended and added S. 53A
which states that examination of a person accused of rape by medical practitioner. The new
Explanation now stands which include within its ambit examination of blood, blood stains,
semen, sputum, swabs, sweat, hair samples and finger nails by the use of modern
techniques in the case of sexual offences including DNA profiling and such other tests which
is necessary in a particular case. Though, S. 53 of CrPC refers only to examination of the
accused by medical practitioner at the request of the public officer but the Court has wider
power for the purpose of doing justice in criminal cases. By issuing direction to the police
officer to collect blood samples from the accused and conduct DNA test for the purpose of
further investigation under S. 173(8) of CrPC.

a. S. 293 (4) (e) of the CrPC provides for report of certain Government scientific experts.
This section is only an ancillary provision which provides for giving of report by
scientific experts.

S. 112 of the Evidence Act raises a conclusive presumption about the paternity of a child
born during the subsistence of a valid marriage. The said conclusiveness can be rebutted
and it can be shown that the parties had no access to each other at the time when the child

35
could have been begotten. The result of genuine DNA test is said to be scientifically
accurate. If a husband and wife were living together during the time of conception, and the
DNA test revealed that the child was not born to the husband, the conclusiveness in law
would remain unrebuttable. There was an admitted access between husband and wife
during which she could have conceived and delivered normal child. The presumption under
s. 112 was not rebutted. No adverse inference can be drawn against refusing to submit
himself to blood test. Section 112 requires the party disputing the paternity to prove non-
access in order to dispel the presumption. “Access” and “non-access” mean the existence or
non-existence of opportunities for the sexual intercourse. It does not mean actual co-
habitation. It is a rebuttable presumption of law under s. 112 that a child born during the
lawful wedlock is legitimate, and that access occurred between the parents. This
presumption can only be displaced by a strong preponderance of evidence and not by a
mere balance of probabilities.

DRUGS AND COSMETICS ACT (1940):

This act defines the meaning of ‘drug’ and ‘cosmetic’ for the purposes of leagal proceedings
as well as specifies manufacturing and how a particular drug will deem tob be misbranded,
adulterated or spurious.

With respect to SEC.320 of IPC, if a person is found to use adulterated, spurious or any other
drug for diagnosis, treatment, mitigation or prevention of disease which causes ill health or
bodily harm, shall be punishable for minimum fine of 5 years of imprisonment that may
extend to term of life with a minimum fine of Rs.10,000.

THE DRUGS AND COSMETICS RULES (1945):

A derivative of above act which covers all kind of drugs used in therapeutic ayurvedic, unani
and siddha preparations. These rule have classified drugs into various schedulrs.

DRUGS AND MAGIC REMEDIES ACT,1945:

This act ensures advertisements of drugs are up to ethical standards and can be banned if
they promote offensive and immoral material. Magical remedied such as ‘MANTRAS’ and
‘KAVACHAS’ are also taken care under this act.

36
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT,1985
India is a part of three United Nations Drug Convention:1961 ,1971, 1988 & 2015.

Thereafter, the NDPS ACT came into force, is an “act to consolidate and amend the law
relating to narcotic drugs, to make stringent provisions for the control and regulation of
operations relating to narcotics drugs, to make stringent provisions for the control and
regulation of operations relating to narcotic drugs and psychotropic substances”

This act forbids cultivation, production, possession, sale, purchase, trade, import export, use
and consumption of narcotic drugs and psychotropic substances except for medical and
scientific purposes in accordance with the law. The death penalty included in NDPS ACT for
respective production, manufacture, possession, transportation, import and export of drugs
in large quantity.

THE PREVENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS AND

PSYCHOTROPIC SUBSTANCES ACT, 1988:
The PITNDPS ACT, 1988 aim “to provide for detention in certain cases for the purposes of
preventing illicit traffic in narcotic drugs and psychotropic substances and for matters
connected therewith”.

SECTION 45 OF THE INDIAN EVIDENCE ACT:

Allows opinions of expert admissible. “The duty of an expert witness is to furnish the judge
necessary scientific criteria for testing the accuracy of the conclusion so as to enable the
judge to form his independent judgment by application of the criteria to the facts proved by
the evidence “

A toxicologist should specify all the necessary details such as what were the initial signs of
poisoning, what preliminary and confirmatory tests were performed, and there results.
However, it is not job of an expert to draw conclusion but to only list out the most probable
manner of death.

Toxicology Division, Supra note 3 at 578-79. , Toxicology Division, Supra note 3 at 578-79.

37
 LEGAL PROVISIONS RELATED TO TOXICOLOGY IN ACCORDANCE
WITH INDIAN LEGISLATION

TABLE NO.1:

Section 176 of IPC: Provides punishment for omission to give notice or information
including that of a poisoning case) to the public servant/police.
Section 177 of IPC: Provides punishment for furnishing false information (including that of
poisoning case).
Section 201 of IPC: Provides punishment for causing disappearance of evidence of offence
(e.g., destroying sample of gastric lavage, clothing carrying evidence of poison etc.)
Section 202 of IPC: Provides punishment for intentional concealment of information of
offense (including that of a poisoning case).
Section 269 of IPC: Negligent act likely to spread infection of disease dangerous to life.
Section 270 of IPC: Malignant act likely to spread infection of disease dangerous to life.
Section 271 of IPC: Disobedience to quarantine rule (‘quarantine’ means period of isolation
imposed upon persons or animals that have arrived from elsewhere or been exposed to
infectious or contagious disease).
Section 272 of IPC: Adulteration of food or drink intended for sale.
Section 273 of IPC: Sale of noxious food or drink.
Section 274 of IPC: Adulteration of drugs.
Section 275 of IPC: Sale of adulterated drugs.
Section 276 of IPC: Sale of drug as a different drug or preparation.
Section 277 of IPC: Fouling water of public spring or reservoir.
Section 278 of IPC: Making atmosphere noxious to health.
Section 284 of IPC: Prescribes for rash or negligent act (or omission) in relation with
poisonous substance so as to endanger human life or to be likely to cause hurt or injury to
any person.
Section 299 of IPC: Culpable homicide including that caused through administration of some
poisonous substance.
Section 300 of IPC: Murder including that caused through administration of poisonous
substance with the intention of causing death.
Section 304-A of IPC: Causing death by rash or negligent act (or omission) including that
caused through poisoning.
Section 324 of IPC: Makes simple hurt more grave and liable to a more severe
punishment—where it has been inflicted by one of the means described in the Section such
as ‘fire’ or ‘any heated substance’, poison or any substance that is deleterious to the human
body to inhale, swallow, or to receive into the blood.
Section 326 of IPC: It is similar to Section 324 with the only difference that the words
‘grievous hurt’ have been substituted for the word ‘hurt’ providing enhanced punishment.

38
Section 328 of IPC: Provides punishment for causing hurt by means of poison or any
stupefying, intoxicating or unwholesome drug or other thing with the intent to commit an
offence (i.e., anything when used in unwholesome state/composition can act as a poison

Table 2. Punishment Table according to the quantity possessed (Tandon, 2015)

Drug Small Punishment Punishment Quantity greater
Quantity than small but lesser
than commercial
(intermediate)

Heroin 5g Maximum of 50g Rigorous

Opium 25g year rigorous 2.5k imprisonment Rigorous
i prisonment from 10 years imprisonment that
Morphine 5g a fine up to Rs 250k min) to 20 years may extend to 10
Ganja (Cannabis) 1000g 10,000 or both 0kg (max) and a fine years and fine that
from Rs. 1L to Rs may extend to Ts. 1L
2L
Charas (Cannabis 100g 1kg
Resin)
Coca Leaf 100g 2kg
Cocaine 2g 00g
Methadone 2g 50g
Amphetamine 2g 50g
THC 2g 50g
LSD 0.002g 0.1g

Krishnamurthy, R (Forensic science in criminal investigation, SSB, DELHI

NDPS ACT 1985

Textbook of Forensic Medicine and Toxicology: Principles and Practice.

40
 CASES LAWS RELATED TO FORENSIC TOXICOLOGY:

In Marachalil Chandra Tukaram Talekar v. State of Gujarat.

It was argued with great vehemence in the High Court as well as in the court of sessions
that there was trial of blood from the front door of the house of the vakil into the corridor
rooms marked H and H-1 in the plan and that supported the defense theory that the
deceased Kannan received the stab injuries not in or near the house in question but
somewhere far away near the railway station. The High Court took the view that if Kannan
had received the injuries somewhere outside the house it was impossible for him to have
come into the room in view of the doctor’s evidence. It was concluded on the material
placed on the record that there could be no room for doubt that Kannan received the
injuries in the room itself and not outside, and that he was carried out of the room while life
was still lingering and therefore, there would be dripping of the blood from the body during
the course of transit as the injuries were very serious and vital arteries had been cut.

In Bazari Hajam v. King Emperor

The question arose whether it will be safe to act on the uncorroborated testimony of the
fingerprints and declare the guilt of the accused. On this point Bucknill, J., observed thus: ―I
think that apart from the fact that I should be rather sorry without any corroborative
circumstances to convict a person of a serious crime solely and entirely upon similarity of
thumb marks or finger prints, the very fact of the taking of a thumb-impression from an
accused person for the purpose of possible manufacture of the evidence by which he could
be incriminated is in itself sufficient to warrant one in setting aside the conviction upon the
understanding and upon the assumption that such was not really a fair trial.” The above
view was disapproved of by Schwabe, C.J.

In Public Prosecutor v. Kandasami Thevan

Although the point did not directly arise in the case as there were thumb-impressions of the
accused in evidence other than that taken by the judge in court for comparison with the
thumb-impressions in the document alleged to have been forged.

Vasu v. Santha 1975 (Kerala)

In the above cases the court has laid down certain guidelines regarding DNA tests and their
admissibility to prove parentage.

41
(1) That courts in India cannot order blood test as a matter of course;

(2) Wherever applications are made for such prayers in order to have roving inquiry, the
Forensic evidences in Criminal Trial: Need of the Hour prayer for blood test cannot be
entertained

(3) There must be a strong prima facie case in that the husband must establish non-access in
order to dispel the presumption arising under Section 112 of the Evidence Act.

(4) The court must carefully examine as to what would be the consequence of ordering the
blood test; whether it will have the effect of branding a child as a bastard and the mother as
an unchaste woman.

(5) No one can be compelled to give sample of blood for analysis. Further the court said
Blood-grouping test is a useful test to determine the question of disputed paternity. It can
be relied upon by courts as a circumstantial evidence, which ultimately excludes a certain
individual as a father of the child.

However, it requires to be carefully noted no person can be compelled to give sample of

blood for analysis against his/her will and no adverse inference can be drawn against
him/her for this refusal.

Tandoor Murder Case (1995) DELHI

This was the first criminal case in India solved by the help of forensics. In this case Shusil
Sharma murdered his wife at home by firing three bullets in to his wife Naina Sahni‘s body.
He killed his wife believing that she had her love affair with her classmate and fellow
congress worker Matloob Karim. After murdering his wife Sharma took her body in his car to
the Bagiya restaurant, where he and restaurant manager Keshav Kumar attempted to burn
her in a tandoor there. Police recovered Sharma‘s revolver and blood-stained clothes and
sent them to Lodhi Road forensic laboratory.

They also took blood sample of Sahni's parents, Harbhajan Singh and Jaswant Kaur and sent
them to Hyderabad for a DNA test. According to the lab report, "Blood sample preserved by
the doctor while conducting the post mortem and the blood stains on two leads recovered
from the skull and the neck of the body of deceased Naina are of 'B' blood group."
Confirming that the body was that of Sahni, the DNA report said, "The tests prove beyond
any reasonable doubt that the charred body is that of Naina Sahni who is the biological
offspring of Mr. Harbhajan Singh and Jaswant Kaur." And finally Mr. Shusil Sharma was
found guilty with the help of forensic evidences.

42
Sister Abhaya murder case (1995) Kerala
The Sister Abhaya Case is a case regarding the death of a Knanaya Roman Catholic< nun,
who was found dead in a water well in Kottayam, India, on 27 March 1992. She was 19 years
old at the time of her death and was a member of St. Joseph's Congregation for women
under the Knanaya Catholic diocese of Kottayam, Kerala in Indi. On the day of her death she
got up from sleep early at around 4 am to study for her exam, had gone down to the kitchen
of the hostel to get water from the refrigerator. Later her body was found in the well
outside the kitchen in the convent/hostel compound. Scientific investigation methods such
as polygraph tests, brain mapping her fingerprinting and narco-analysis were used to solve
the case. As part of its investigation in August 2007, the CBI conducted Narco-analysis tests.
Subsequently with the help of these, two fathers of the church were arrested.

Aarushi talwar murder case (2007) Noida

In year 2008, Aarushi Talwar, the 14-year-old daughter of a successful dentist couple, was
found dead with her throat slit in her parents' home in Noida, Delhi. Along with the girl, the
servant of the house Hemraj was found dead. In this case fingerprinting was applied and
DNA was extracted from the clothes containing blood stains. Also several fingerprints were
found on the glasses of the house at the time of murder. Several narcoanalysis tests were
applies on Aarushi’s father on CBI’s suspicion, but after no evidence Aarushi’s father was
acquitted. The final verdict of the Court on this case is still pending. The case also discussed
about the admissibility of the narco tests as legal evidence.

Anant Chintaman Lagu v. state of Bombay

The court stated in a case of poisoning, the prosecution must establish:

a. That the death was caused due to poison;

b. That the accused possessed the poison;
c. That the accused had an opportunity to administer the poison to the deceased.

If these facts are proved and there is motive, the court may be able to draw the inference,
that the poison was administered by the accused to the deceased resulting in his death.

43
Dharam deo yadav v. State of U.P. (2014) 5 SCC 509
Background – A 22 years old tourist namely Diana from New Zealand was murdered in Varanasi.DNA
sample from the skeleton matched with her father blood sample. On the basis of circumstantial
evidence accused was convicted.

Observation- The Supreme Court before pronouncing judgment has explained the crime scene
management and the importance of forensicscience. The court in the judgment has emphasized the
need to adopt scientific methods in crime detection to save the judicial system from low conviction
rates. Further highlighted a need to strengthen forensic science for crime detection .

It said as far as the present case was concerned, the DNA sample from the skeleton matched with the
blood sample of the father of the deceased. All the sampling and testing was done by experts whose
scientific knowledge and experience were not doubted in these proceedings. It was of the opinion that
therefore, the prosecution succeeded in showing that the skeleton recovered from the house of the
accused was that of Dian.

Murarilal vs State of M.P 1980 SCR (2) 249

Background- The appellant, was convicted under section 302 IPC after relying upon a note found by
the side of the deceased. In appeal the admissibility of note and expert opinion was disputed .

Observation- The Supreme Court dismissed the appeal and observed that there is no
justification for condemning the opinion-evidence of an expert to the same class of evidence as
that of an accomplice and insist upon corroboration.

State (through CBI) vs J.S. Choudhary 1996 AIR 1491

Background- In this case the prosecution wanted to examine a typewriter expert for proof of certain
incriminating facts against the respondent based on the identity of a typewriter on which a material
document was alleged to have been typed. An objection was taken to the admissibility of the opinion
evidence of the typewriter expert under section 45 of the Indian Evidence Act.

44
Observation-The Supreme Court had observed:

- The word s̳ cience‘ occurring independently and in addition to the word handwriting‘ in section 45 is
sufficient to indicate that the opinion of a person specially skilled in the use of typewriters and having
the scientific knowledge of typewriters would be an expert in this science; and his opinion about the
identity of typewriting for the purpose of identifying the particular typewriter on which the writing is
typed is a relevant fact under Section 45 of the Evidence Act.

Dayal singh others vs State of Uttaranchal Criminal appeal no.529 of 2010

Background--In case of conflict between ocular evidence and the medical evidence, what effect will it have
on the case of the prosecution and what would be the manner in which the Court should appreciate such
evidence?
Observation—Supreme Court observed that-

Possibility of some variations in the exhibits, medical and ocular evidence cannot be ruled out. But it is
not that every minor variation or inconsistency would tilt the balance of justice in favour the accused.
Of course, where contradictions and variations are of a serious nature, which apparently or impliedly
are destructive of the substantive case sought to be proved by the prosecution, they may provide an
advantage to the accused.

-The Courts, normally, look at expert evidence with a greater sense of acceptability, but it is equally
true that the courts are not absolutely guided by the report of the experts, especially if such reports
are perfunctory, unsustainable and are the result of a deliberate attempt to misdirect the prosecution.

Dalip vs State of M.P

(Criminal Appeal No. 1156 of 2010)

Background- In the instant case, Supreme Court opined that certain care has to be taken by the
doctor who medically examine the victim of rape and laid down following guidelines.

Observation--- The victim of rape should generally be examined by a female doctor and should be
provided the help of some psychiatric.

-The medical report should be prepared expeditiously and the Doctor should examine the victim of
rape thoroughly and give his/her opinion with all possible angle e.g. opinion regarding the age taking
into consideration the number of teeth, secondary sex characters, and radiological test, etc.

45
- Rape victim shall be examined by a registered medical practitioner employed in a hospital run by the
Government or a local authority and in the absence of such a practitioner, by any other registered
medical practitioner.
-The medical examiner, to whom the woman is sent, shall examine without any delay and shall
prepare a report containing following information:

-Consent of the woman or the person competent to give consent on her behalf exact time of
commencement and completion of the examination.
- Name and address of the woman and the person who brought her. age of the woman, the
description of material taken from the person of the woman for DNA profiling ,marks of injury, mental
condition of the woman.
- Any other information/ detail required,
-Reasons for arriving at the conclusion from point e.g-Consent is the key to proceed for further
examination.
- If the consent is not obtained, the examination shall not be deemed to be lawful.

Dharambir Singh v. State of Punjab

(Criminal Appeal No. 98 of 1958 decided on 4.11.1958) is case of homicidal action by cyanide
poisoning. It was perhaps in this case, the guidelines as to the proof of certain facts in "poison murder
cases" were laid down by this Court. It was observed:

"Where the evidence is circumstantial the fact that the accused had motive to cause death of the
deceased, though relevant, is not enough to dispense with the proof of certain facts which are
essential to be proved in such cases, namely (firstly) did the deceased die of poison in question?
(secondly) had the accused the poison in his possession? and (thirdly) had the accused an opportunity
to administer the poison in question to the deceased? It is only when the motive is there and these
facts are all proved that the court may be able to draw the inference, that the poison was
administered by the accused to the deceased resulting in his death."
From the foregoing cases, it will be seen that in poison murder cases, the accused was not acquitted
solely on the failure of the prosecution to establish one or the other requirement which this Court has
laid down in Dharambir Singh case. We do not also find any case where the accused was acquitted
solely on the ground that the prosecution has failed to prove that the accused had the poison in his
possession. The accused in all the said cases came to be acquitted by taking into consideration the
totality of the circumstances including insufficient motive, weakness in the chain of circumstantial
evidence and likelihood of the deceased committing suicide.

The poison murder cases are not to be put outside the rule of circumstantial evidence. There may be
obvious very many facts and circumstances out of which the Court may be justified in drawing
permissible inference that the accused was in possession of the poison in question. There may be very
many facts and circumstances proved against the accused which may call for tacit assumption of the
factum of possession of poison with the accused.

The insistence on proof of possession of poison with the accused invariably in every case is neither
desirable nor practicable.

46
It would mean to introduce an extraneous ingredient to the offence of murder by poisoning. We
cannot, therefore, accept the contention urged by the learned counsel for the appellant. The accused
in a case of murder by poisoning cannot have a better chance of being exempted from sanctions than
in other kinds of murders. Murder by poisoning is run like any other murder. In cases where
dependence is wholly on circumstantial evidence, and direct evidence not being available, the Court
can legitimately draw from the circumstances an inference on any matter one way or the other.

The view that we have taken gets support from the decision of this Court in Ananth Chintaman Laguy
v. The State of Bombay, A.I.R. 1960 S.C. 500 where Hidayatullah, J., has given an anxious consideration
to the three propositions laid down in Dharambir Singh case. The learned Judge did not consider them
as invariable criteria of proof to be established by the prosecution in every case of murder by
poisoning. The learned Judge said (at p. 519-520):

"It is now necessary to consider the arguments which have been advanced on behalf of the appellant.
The first contention is that the essential ingredients required to be proved in all cases of murder by
poisoning were not proved by the prosecution in this case. Reference in this connection is made to a
decision of the Allahabad High Court in Mt. Gajrani v. Emperor. AIR 1933 All 394 and to two
unreported decisions of this Court in Chandrakant N Nyalchand Seth v. The State of Bombay, Criminal
Appeal No. 120 of 1957 decided on February 19, 1958 and Dharambir Singh v. The State of Punjab,
Criminal Appeal No. 98 of 1958, decided on 4.11.1958. In these cases, the Court referred to three
propositions which the prosecution must establish in a case of poisoning; (a) that death took place by
poisoning; (b) that the accused had the poison in his possession, and (c) that the accused had an
opportunity to administer the of 1958 D/- 4.11.1958 (SC) turned upon these three propositions. There,
the deceased had died as a result of poisoning by potassium cyanide, which poison was also found in
the autopsy. The High Court had disbelieved the evidence which sought to establish that the accused
had obtained potassium cyanide, but held, nevertheless that the circumstantial evidence was sufficient
to convict the accused in that case. This Court, did not, however, accept the circumstantial evidence as
complete. It is to be observed that the three propositions were laid down not as the invariable criteria
of proof by direct evidence in a case of murder by poisoning, because evidently if after poisoning the
victim. the accused destroyed all traces of the body, the first proposition would be incapable of being
proved except by circumstantial evidence. Similarly, if the accused gave a victim something to eat and
the victim died immediately on the ingestion of that food with symptoms of poisoning and poison, in
fact, was found in the viscera, the requirement of proving that the accused was possessed of the
poison would follow from the circumstances that the accused gave the victim something to eat and
need not be separately proved."

47
Shyam Sunder vs The State on 18 April, 1996

There is another aspect of the matter. Admittedly, the appellant is a goldsmith by profession.
According to the enthralling commentary on Medical Jurisprudence And Toxicology by Cox, cyanides
are used in photography, electroplating, tanning and gold processing. Thus it can be safely concluded
therefrom that the appellant was in a position to secure the cyanide and this is what he told Public
Witness 5 Smt. Om Wati that this is a solution meant for cleansing anklets.

Furthermore, it is not necessary in each and every case to prove the factum of possession of poison bt
the accused in a case of murder by poisoning. The Court can draw an inference that the accused was in
possession of the poison in question as this Court has done in the facts and circumstances of the
present case. We are tempted here to cite in support, of our above view a few lines from the judgment
of the Hon'ble Supreme Court. as , Bhupinder Singh v. State of Punjab, ". . .

The poison murder cases are not to be put outside the rule of circumstantial evidence. There may be
obvious very many facts and circumstances out of which the Court may be justified in drawing
permissible inference that the accused was in possession of the poison in question.

There may be very many facts and circumstances proved against the accused which may- call for tacit
assumption of the factum of possession of poison with the accused. The insistence on proof of
possession of poison with the accused invariably in every case is neither desirable nor practicable. It
would mean to introduce an extraneous ingredient to the offence of murder by poisoning. We cannot,
therefore, accept the contention urged by the learned counsel for the appellant. The accused in a case
of murder by poisoning cannot have a better chance of being exempted from sanctions than in other
kinds of murders.

Murder by poisoning is run like any other murder. In cases where dependence is wholly on
circumstantial evidence, and direct evidence not being available, the Court can legitimately draw from
the circumstances an inference on any matter one way or the other."

48
Krishna vs State Of Chhattisgarh on 16 July, 2007
(1) there is a clear motive for an accused to administer poison to the deceased,

(2) that the deceased died of poison said to have been administered,

(3) that the accused had the poison in his possession,

(4) that he had an opportunity to administer the poison to the deceased.

In the matter of Bhupinder Singh Vs. State of Punjab reported in (1988) 3 SCC 513 the Hon'ble Apex
Court has doubted the availability of the above third circumstance as necessary to establish the case of
murder by poisoning. Paragraphs 25 & 26 of the above judgment are reproduced hereunder:

The poison murder cases are not to be put outside the rule of circumstantial evidence. There may be
obvious very many facts and circumstances out of which the court may be justified in drawing
permissible inference that the accused was in possession of the poison in question.

There may be very many facts and circumstances proved against the accused which may call for tacit
assumption of the factum of possession of poison with the accused. The insistence on proof of
possession of poison with the accused invariably in every case is neither desirable nor practicable. It
would mean to introduce an extraneous ingredient to the offence of murder by poisoning. We cannot,
therefore, accept the contention urged by the learned counsel for the appellant. The accused in a case
of murder by poisoning cannot have a better chance of being exempted from sanctions than in other
kinds of murders.

Murder by poisoning is run like any other murder. In cases where dependence is wholly on
circumstantial evidence, and direct evidence not being available, the court can legitimately draw from
the circumstances an inference on any matter one way or the other.

49
 Sheesh Ram vs State Of Rajasthan
13 August, 2001in which murder cases by poisoning appears.

In the case in hand, the accused appellant Sheesh Ram is alleged to have administered poison to his
wife Pramila, since deceased. In the case of Sharad (supra) dealing with a case of murder by
administering poison, their Lordships observed that in such cases the Court must carefully scan the
evidence and determine the four important circumstances which alone can justify a conviction;

"(1) there is a clear motive for an accused to administer poison to the deceased,

(2) that the deceased died of poison said to have been administered,

(3) that the accused had the poison in his possession,

(4) that he had an opportunity to administer the poison to the de ceased." ;

In the light of the law laid down by the Supreme Court in a case of murde by administering poison
being based on circumstantial evidence, we have to consider as to whether in the facts and in the
circumstances of the present case, the prosecution has been able to bring home guilt against the
accused appellant that he administered poison to his wife Pramila, thereby causing murder. The
prosecution, to prove its case, has relied upon four circumstances, namely,
(i) the accused was last seen in the company of deceased
(ii) the accused had motive to get rid of his wife (Hi) extra judicial confession made by the accused
before PW-3 Bihari Singh and PW-4 Haribux, and

(iii) the conduct of the accused appellant at the time of incident.

As stated above, in a case of murder by administering poison, the Court should carefully scan the
evidence and determine the four important circumstances referred in the earlier part of this judgment.

The first circumstance in the sequence need to be proved is that the accused had motive to administer
poison to the deceased. We have already recorded a finding that the prosecution has not been able to
prove that the accused appellant had a clear motive so as to done away with the life of his wife by
administering poison.

Judged thus, we are firmly of the opinion that prosecution has not been able to prove any of the
conditions precedent in a case of murder by administering poison, Except that the accused was seen in
the company of deceased Pramila during the night intervening 13/14.7.1993 when this ill episode
happened, ultimately resulting into death of Pramila, nothing is proved by the prosecution. Needless
to say, it was absolutely natural that accused appellant was present with the deceased at the relevant
time, as he being her husband.

50
Amarsingh vs Balwinder Singh & others (2003)2 SCC 518

Background- The investigating agency had not sent the firearm and the empties to the forensic
science laboratory for comparison. It was argued on behalf of the defence that omission was a
major flaw in the prosecution case sufficient to discredit prosecution version.

Observation- Supreme Court, however, repelled that contention and held that in a case where
the investigation is found to be defective the Court has to be more circumspect in evaluating the
evidence. But it would not be right to completely throw out the prosecution case on account of any
such defects, for doing so would amount to playing in the hands of the investigating officer who
may have kept the investigation designedly defective.

This Court said:

"It would have been certainly better if the investigating agency had sent the firearms and the
empties to the Forensic Science Laboratory for comparison. However, the report of the ballistic
expert would in any case be in the nature of an expert opinion and the same is not conclusive. The
failure of the investigating officer in sending the firearms and the empties for comparison cannot
completely throw out the prosecution case when the same is fully established from the testimony
of eyewitnesses whose presence on the spot cannot be doubted as they all received gunshot
injuries in the incident."

{Note ---- Such observation was also held by Supreme Court in other case—

Sheoshanker Singh v/s state of Jharkhsnd & anothers (2011) Insc 132 }

51
Poloniswamy v. state

When the murder is alleged to have been caused by poison and the medical evidence is
unable to determine poison, even then conviction can be recorded if the other evidence,
oral or circumstances on the record establishes the guilt of the accused.

Mahabir v. state of Bihar

The court upheld that the fact that the heart of the deceased at the time of post-mortem
examination was found to be empty would not rule out asphyxia death as a result of
poisoning. It is difficult to isolate and recognize the poison in a number of cases where the
deceased dies due to poisoning. The doctor’s part in the diagnosis of poisoning is secondary.
Several poisons particularly of the synthetic hypnotics and vegetable alkaloidal group do not
leave any characteristic signs which can be noticed on postmortem examination.

SUGGESTIONS BY MALIMATH COMMITTEE:

CHANGES REQUIRED :

Lack of work culture in the courts Hardly, any scientific data is available to support or refute
this perception in relation to medical evidence. Therefore, it was planned to undertake a
pilot study to analyze the quantum of time and effort put in by medical experts to get the
evidence recorded in criminal courts and other issues related to it. The influence of forensic
science in India has been to such an extent that the Malimath Committee in its report asked
a few section of the Criminal Procedure Code to be amended in order to accommodate the
principles of Forensic Science like: A specific law should be enacted giving guidelines to the
police setting uniform standards for obtaining genetic information and creating adequate
safeguards to prevent misuse of the same. A national DNA database should be created
which will be immensely helpful in the fight against terrorism. More wellequipped
laboratories should be established to handle DNA samples and evidence. Efforts should be
taken to create more 28 1996 .

Awareness among general public, Prosecutors, judges and police machinery. The work in
Forensic Science Laboratories being interdisciplinary in nature, there is a need to develop
and supplement the ―General Criteria for Laboratory Accreditation‖ for the purpose of
accrediting Forensic Science Laboratories. The document ―Specific Criteria for
Accreditation of Forensic Science Laboratories‖ has been evolved by a Technical Committee
specifically constituted for the purpose. It supplements the document ―General
Requirements for the Competence of Testing and Calibration Laboratories‖ and provides
specific guidance on the accreditation of Forensic Science Laboratories for assessors as well
as the laboratories who are preparing for accreditation.

52
State through CBI vs Dr Mahender Singh
(Criminal Appeal No 1360 of 2003)

(Landmark case wherein forensic expert opinion played vital role, as the body of the deceased was
identified with the help of forensic experts)

Background— Accused allegedly murdered his wife(Namita) and dismembered and mutilated her
body and disposed her body parts at different places with the intention to destroy the evidence
.The body parts discovered and identified to be those of Namita by reliable expert evidence and
postmortem got conducted.

Observation- This doctor had stated that it was evident that the dismemberment of the body-parts
of the victim was committed by a professional doctor or a butcher, who knows the anatomy of the
human body. This could be done with the aid of certain surgical instruments which could have been
carried by the respondent with him as he was an Orthopedic Surgeon. The other possibility floated
on behalf of the prosecution was that as the body parts had been simply disjointed at the various
joints, it could be done by using a fork and a butter knife, which would be available to the
respondent in the hotel room.The cloth recovered in the rubbish bin had been identified to be
those of Namita.

The blood group of the body stains found in the bathroom matches the blood group of Namita. The
palm prints of the palm recovered from the rubbish bin match the palm print of Namita.

The torso recovered has been identified to be that of Namita from Vergote lake which is only
seventeen minutes walking distance from the hotel. Therefore, there is scientific evidence to
establish the identity of the victim to be that of Namita.

53
By Malimath Committee:
1. More well-equipped laboratories should be established to handle DNA samples and
evidence.

2. A specific law should be enacted giving guidelines to the police setting uniform standards
for obtaining genetic information and creating adequate safeguards to prevent misuse of
the same.

3. A national DNA database should be created which will be immensely helpful in the fight
against terrorism.

4. Sec. 313 of the CR.P.C must also be amended so as to draw adverse inference against the
accused if he fails to answer any relevant material against him therefore, making it easy for
the law enforcers to use DNA tests against him.

There is a unanimity that medical and forensic evidence plays a crucial role in helping the
courts of law to arrive at logical conclusions. Therefore, the expert medical professionals
should be encouraged to undertake medico legal work and simultaneously the atmosphere
in courts should be congenial to the medical witness.

This attains utmost importance looking at the outcome of the case, since if good experts
avoid court attendance, less objective professional will fill the gap, ultimately affecting the
justice. The need to involve more and more professionals in expert testimony has been felt
by different organizations.

Though many plans have been brought before the ministry of Home Affairs which includes
formation of Forensic Council where not only the Evidence Act but the Information
Technology Act and The Code of Criminal Procedure will become complementary to the
Science.

Arindam Datta, ―Forensic Evidence: The Legal Scenario‖, Dept. of Law, University of Calcutta

Dr. Gopal Ji. Misra & Dr. C. Damodaran, ―Perspective Plan For Indian Forensics‖, Final Report presented to the Ministry of Home Affairs
Government of India, New Delhi.

Dr. Nirpat Patel The Role in Criminal investigation- Admissibility in Indian Legal System and future perspective, International Journal of
Humanities and Social Science

54
55
 CHAPTER:2 CRIME
AND CRIMINOLOGY
SOME LEGAL DEFINITIONS :
Legally, a crime is an act made punishable by law. A criminal is one who has committed such
a legally forbidden act. Yet there are other criteria which determine whether a person may
be dealt with as a criminal.

1. Regardless of his act, he must be of competent age. Under English common law a child
under seven could not commit a crime because he was held not capable of feeling a sense
of guilt - and so was not responsible. In American states the age of criminal responsibility is
fixed by statute or constitutionally considerably above the common law limit. Very young
children may of course be dealt with in juvenile courts. They may be punished as well as
treated constructively under the faction that the court acts in loco parentis (as a parent
would act) and in the best interests of the child.

2. Criminal acts must also be voluntary and engaged in without compulsion. Compulsion as
defined by courts must be evident and immediately related to a particular criminal act.
Impulsion towards a life of crime may have extended over a long period of time in the form
of the influence of parents, associates, or conditions. But such indirect influences of the
past, however compelling will not be recognized in court as destroying that voluntary nature
of acts which is requisite to criminal behavior.

3. Especially in the case of serious crimes, the criminal must be shown to have had criminal
intent: he must have meant to do wrong. Usually criminal intent is tested in terms of his
knowledge of right and wrong and of the nature and consequences of his behavior. If it can
be shown that a man who killed another did not know that it is wrong to kill or that death
may result if one points a loaded gun at another and pulls the trigger, he will be judged
irresponsible, being without mens rea. Though in the case of some sample crimes, like
running a stop light, the question of intent will not be raised, intent must be present to
constitute most serious crimes. A wrongful motive need not be shown. A motive is the
reason for crime; it is the subjective aspect of the causation of crime. Bigamy is no less a
crime when the accused is actuated by religious motives, and euthanasia, the killing at the
request of or for the benefit of the killed, is murder. On the other hand, a man who,
intending to make hog feed, produced illicit corn whiskey, was held not guilty of crime.

4. Our criminal law also often recognizes degree of intent as necessary to constitute
particular crimes. Thus to carry a heavy penalty, an assault may have so be shown to have
been perpetrated ―maliciously‖ or ―wantonly,‖ or a personal injury to have resulted from
negligence.

56
5. Finally, to constitute a crime an act must be classed legally as an injury to the state and
not merely as a private injury, or tort. In ancient societies many acts now defined as crimes
were considered only private injuries to be avenged by the injured party or by his family or
friends. But as society became more and more complex, a large number of acts once
considered torts became crimes. It is indeed increasingly difficult to discover acts without
general social consequences. We still have a vast number of injuries dealt with through
private suit under the civil law, in which the court acts as the arbitrator between the
contestants and awards damages. Some offenses may be tried either under the civil or the
criminal law. We shall later discuss white-collar crimes, which is usually tried under civil
procedure but may be tried as crime. In the United States, with its puritanical heritage,
there has been a tendency to define as crimes many forms of personal behavior which on
the European continent are rarely treated as crimes. That tendency has created the problem
of unenforceable law and has set the stage for serious rackets created when satisfactions
forbidden by law, such as gambling or prostitution, are nevertheless in wide demand by at
least a large minority of the people

THE SOCIAL VIEWPOINT:

From the social point of view, the legal definition of crime may be less important than other
considerations.

Two aspects of the social view of injuries and crimes may be noted:

FIRSTLY:

Injury acts are defined by group mores, either derived from the past or from the more
current opinions of the people or of dominant subgroups which set patterns, define the
moral code and award status to those who keep the codes and deny it to those who do not.
Criminal law has been much influenced by these group definitions of morals but is not
synonymous with them. Socially disapproved acts may be looked upon as immoral, sinful,
inconventional, or criminal.

Tested by the awarding of social status, it is not even clear that acts made punishable at law
are held the most serious types of social injuries. Fornication is traditionally an immoral act,
but it is punishable as crime in only something like half of the states and actually punished in
a very small percentage of cases. On the other hand, the white-collar crimes of businessmen
are made punishable as crimes at law, and yet those who indulge in false advertising or gain
monopoly advantages over others usually do not lose status in their social groups. As a
general label, the term ―unconventional‖ is less damning than the term ―criminal.

But many a hostess might prefer to invite to her party a man who had a past record for
some forms of criminal behavior, rather than one who, though with a clean crime record,
nevertheless solves his food indecorously into his mouth. A man without church affiliations
may laugh if he be called a sinner, but he who cherishes his membership in an orthodox
religious group will cringe when so labeled. Thus, from the societal viewpoint the
seriousness of acts is defined by their effects upon social status. When one discovers the

57
seriousness of some noncriminal acts, he gains perspective. He will be less ready to
generalize that all criminals are our most dangerous citizens.

SECONDLY:

In our traditional criminal law, a criminal is one who in the past committed, generally with
evil intentions, an act made punishable by law. From the societal viewpoint we are more
concerned to protect society against future acts than to requite the criminal for past acts.
The concern is not with past wickedness but rather with possible future dangerousness. Of
course the social definition does not neglect a man‘s past behavior, since past behavior may
suggest his possible future behavior.

But socially the future is always the major consideration. From the repeat societal viewpoint
the purpose of punishment is not to balance accounts or to take vengeance upon a criminal,
but to assure that he will not repeat his crimes. Punishment will be used when it is the only
way to prevent repetition or when it will deter others from committing crimes. If future
crime can be prevented through constructive treatment without encouraging criminal acts
by other, it is both more effective and more socially satisfying than is punishment. It is a nice
question how far a state may shift to this emphasis on the future. Actually every
constructive program, such as probation or parole, and every crime prevention program
implies some concern over the future. Some states are successfully using paid specialists to
estimate, on the basis of past records, the relative possibilities of different types of parolees
repeating if they are released.

Criminologists are in general agreement on the soundness of the trend toward concern for
the future with its emphasis on the individualization of treatment. Yet, if this trend is to
succeed we must also be aware of difficulties, needs and dangers involved:

(1) We need increased knowledge of the causes of crime.

(2) Criminology is not opposed to punishment per se. When the changes needed in the lives
of criminals are known, it does not follow that their lives may be adequately controlled to
bring these changes about. John may need a new wife, but where is the lady willing to take
the chance? Jack would be a safe risk if he could change his residence from slum to avenue,
but the change is too costly. Jim will succeed if he can be employed at a satisfying job and if
he is not handed because of his past record, but these needs are not easy to bring about.

(3) Too great control over the future of our citizens is inconsistent with democracy and
smacks a bit of authoritarianism. Such control has been most complete in totalitarian states.
We cannot push men about like pawns on a chessboard without endangering liberties which
may be held more precious than the absence of crime.

58
(4) Much of the general public and many influential groups have not yet accepted the
validity of concern for the future and the desirability of constructive aid to criminals. The
public still relies principally upon deterrent punishment. Moreover, the typical criminal
himself accepts the traditional view and defines justice as equal treatment of men for the
same acts, rather than in terms of an estimate of their future needs and behavior. The
principle of concern over future dangerousness appears to be sound, and most
criminologists are eager to see the difficulties named overcome. To this end, indeterminate
sentence laws, which leave the nature of punishment or treatment open, to be determined
by administrative authorities after thorough study of each case, are advocated and are
already in use. Indeed, the individualization of treatment of criminals has become the
earmark of effective effort to protect society against crime.

The word ―individualization, however, should not be taken as meaning treatment as an

individual, for the use of groups‘ methods is increasingly proving its value, and the
delinquent is seen as very largely a group product. The social conception of the nature of
the criminal implies less concern with his intent as a measure of his wickedness and less
search for responsibility. We are, of course, concerned with intent in the sense of the
attitude of the criminal. A man who meant to commit a crime may continue to do so as long
as his antisocial attitude remains.

But intent may be no index of dangerousness. Those who habitually drive recklessly without
intending to hit anyone are often more dangerous than men who deliberately and
intentionally commit some kinds of crime. Most of the legally insane are not dangerous but
pitiably diseased, but some few with delusions of persecution but without antisocial intent
are extremely dangerous. Professional killers are rare, but they are clearly greatly to be
feared. Typical murderers, however—public opinion to the contrary notwithstanding—are
rarely dangerous in the sense of being likely to repeat their acts.

Murder usually results from stresses and strains which are not often repeated in the life of
one who murders. A robber or a forger, on the other hand, has often lived under social
conditions which make change of attitudes and behavior difficult to bring about. That some
of our most feared criminals are least often repeaters is borne out by statistics of parole.
Similarly, either the nature of a man‘s personality or the nature of his social relations may
define him as a dangerous person, though he has committed no crime.

59
 NATURE AND SCOPE OF CRIMINOLOGY

The term ―criminology is used both in a general and special sense. In its broadest sense
criminology is the study (not yet the complete science) which includes all the subject matter
necessary to the understanding and prevention of crime and to the development of law,
together with the punishment or treatment of delinquents and criminals. In its narrower
sense criminology is simply the study which attempts to explain crime, to find our ―how
they get that away. If this latter narrower definition is adopted, one must recognize related
fields, including penology, concerned with the treatment of adult criminals, crime detection,
the treatment of juvenile delinquents, and the prevention of crime. The treatment of
delinquency and crime cannot be wholly separated from their explanation, since one of the
reasons for crime and for its continuance into adult life is the damage done by ineffective
treatment both of juveniles and adults.

Ultimately we shall hope to show that both crime and the treatment of crime are parts of
dynamic processes of social relations, crime evoking punishment and other reactions and
these reactions in turn cooking reactions of criminals as they are deterred, ―reformed,or
stimulated to further crime. If any science is to explain any kind of phenomena consistently,
these phenomena must be reasonably homogenous.

Criminology as a behavioral science or study faces an almost unsolvable difficultly because

of the extreme diversity of types of behavior our legislators have seen fit to make
punishable as crimes. To mention but a few of these types, does it seem logical that we
should be able to explain in terms of a common theory behavior as diverse as the running of
stop lights, the raping of women, robbery, huge racketeering syndicates, treason, murder,
and the white-collar crimes of some businessmen? Not all of these crimes express the same
attitudes of mind, not even a universal consciously antisocial attitude. Not all are conflict
behavior, or exploitative behavior, or either wholly rational or wholly emotional behavior.
Facing this dilemma, criminologists have attempted various solutions. Valuable research has
concentrated its attention on particular kinds of crime, such as professional thieving,
embezzlement, murder, sex crime and white-collar crime.

Cressey has gone further and believes he has arrived at sociologically meaningful
subdivisions by isolating types of embezzlement. Cressery‘s plan would seem to lead us to
theories as to the causes of specific crimes, rather than to any general theory of crime.
Other criminologists, such as E. H. Sutherland, have tried to discover processes or
relationships which will explain all crime, in spite of its great variety. Thus we have theories
of social disorganization and differential association, theories of delayed maturation,
theories of economic exploitation, theories of anomie or normlessness, theories of
subgroup influence, and so forth.

But we shall find that it seems that not all crime can be explained in terms of any given
social process or relationship. Very many criminologists have given much of the effort to
find a single theory explaining crime without having abandoned the effort to discover why

60
men commit crime. Starting with evidence derived from case studies and many other
sources, they list factors found in the life processes of criminals. They are able to determine
fairly well the interrelationship of these factors in individual cases. They then find particular
factors which often repeat themselves in many cases, such, for example, as gang
membership, lack of status in constructive groups, tensions in homes, and sense of failure in
competition. Discovery of such single repeating factors does not prove them causes of
crime, since the meaning of any life experience may be different for one criminal than for
another. This is because one factor or experience is, in different cases, combined with
different accompanying factors which give the total gestalt and meaning which express
themselves in criminal behavior.

However, it is very significant when we find clusters of factors repeating themselves in many
cases. The multifactor approach does seem to meet the dilemma of the criminologist in
considerable measure. A large proportion of children in our type of society whose fathers
have deserted the home, who have lived in city slums, who have experienced a sense of
failure in competitive relations, who have lost status in constructive groups and joined
juvenile gangs, who have come to believe that everyone has a racket, and whose early
misbehavior has not been dealt with effectively either in the home or by schools and other
social agencies—a large proportion of such children seem to appear continually in our
juvenile courts, and many of them later in our adult courts. The discovery of repeated
incidents of such combinations of experiences enables us to develop approximations to
theories of crime. Such specific life experiences may often be shown to be by-products of
the culture of our society.

The science of criminology is divided into 2 types namely:

1. Theoretical or pure criminology

2. Applied or practical criminology. Prof.W.A.Bonger preferred to study theoretical

criminology under the following heads:

1. Criminal Anthropology

2. Criminal Sociology

3. Criminal Psychology

4. Criminal Psycho-neuro-pathology

5. Penology The judicial approach to criminology suggests that an act to become a crime
must confirm to 2 cardinal principles of criminal liability namely:

(i) nullum crimen sine lege Which means no one is held criminally liable unless he has done
an act which is expressly forbidden under the existing criminal law of the land and has a
reprehensive state of mind to do it.

(ii) nulla poena sine lege This means that no one can be punished for an act unless it is made
punishable under the law.

61
 4 CRIMINOLOGY AND PENOLOGY No one is a born criminal but it is the circumstances that
make him so; not because he wants to be a criminal but he is rather forced to lend into
criminality.

Criminal Science Criminology

SCHOOLS OF CRIMINOLOGY:

1. Pre-classical school of criminology: It was generally believed that a man commits crime
due to the influence of some external spirit called ‘demon’. An offender commits a wrongful
act not because of his free will but due to the influence of some external power.

2. The classical school: Beccaria expounded his naturalistic theory of criminality by

rejecting the omnipotence of evil spirit. He stressed that criminologists are concerned with
the ‘act’ of the criminal rather than his ‘intent’. This school came into existence due to the
influential writings of Montesquie, Hume, Bacon and Rousseau.

3. Neo- classical school: Neo-classists approached the study of criminology on scientific

basis by recognizing that certain extenuating situations or mental disorders deprive a person
of his normal capacity to control his conduct. They were the first to differentiate between first
offenders and recidivists.

4. Positive school: French doctors established that it is neither ‘free will’ nor the ‘innate
depravity’ which actuated the offender to commit crime but the real cause of criminality lay
in anthropological features of the criminal. There is co-relationship between criminality and
the structure and functioning of brain.

5. Sociological school of criminology: Tarade was the first to reject the anthropological
approach of positivists and held that crimes were the outcome of human tendency to imitate
others. Factors such as mobility, culture, religion, economy etc have a direct bearing on the
incidence of crime in a given society.

CAUSATION OF CRIME:

Emile Durkheim says that crime is a natural phenomenon which is constantly changing with
the social change. Lombroso stated that heredity was the sole cause of criminal behavior. The
mentally deprived criminals are classified in to 4 heads namely:

1. Idiots

2. Imbeciles Penology (Includes study of custody, treatment, prevention and control of

crime) Criminal Law (It seeks to implement policies envisaged by criminology and penology)
Criminal Biology (Investigates into various causes of criminality) Criminal Sociology
(Enquires into the effect of surroundings & environment on criminals).

62
3. Feeble minded criminals

4. Morally insane criminals Law takes into account mental illness while determining the
criminal liability of the offender.

R v. Mc Naughten M8431 10 CL AND F. 200

Mc Naughten was a political maniac who wanted to shoot Britain’s Foreign minister Robert
Peel instead killed his private secretary Drumond on 20th January, 1843 in day time. The
killer was declared to be mentally insane by medical experts. The case involved 2 issues
namely:

1. Whether the insane person is incapable of distinguishing between right and wrong?

2. Whether the argument that public safety demanded this plea should not be readily
accepted as a defense to shield the criminal from penal consequences needed proper
attention?

It was held that Mc Naughten was not guilty on the ground of his mental insanity. Age and
crime also has an inter-link. A child of 12 years age can tackle more difficult problems than
an average young person.

With each year of age, ability continues to grow and develop constantly.

I.Q = MA * 100 CA Where,

IQ = Intelligence quotient MA = Mental age

CA = Chronological age

Freud’s theory of criminal behavior:

Sigmond Freud explained mental conflicts in terms of id, ego and super ego. Id generates
basic biological and psychological urges and impulses in a person. Ego refers to the
conscious personality of which the individual is aware. Super ego refers to the force of self-
criticism and control inherent in every person.

George B. vold, Thomas J. Bernard, Jeffrey B. Sripes, Classical and Positivist Criminology (5th ed., 2002)* Harry

Elmer Barner and Negley K. Teeters, New Horizons in Criminology 116-119 (3rd ed., 1959)

63
 SOCIOLOGICAL THEORY OF CRIME:

Prof. Sutherland gave 2 explanations for criminal behavior namely:

1. The processes operating at the time of the occurrence of crime which he called the
dynamic explanation of crime.

2. The processes operating in the earlier life history of the criminal which he termed as the
historical or generic explanation of crime. The theory of differential association was
propounded by Edwin.H.Sutherland in 1939. It asserts that crime is learnt by association
with others. It centers round the theme that a person becomes criminal if there is an excess
of influence on him favorable to the violation of the law as compared with the influences
which are unfavorable to the violation of law.

Multiple factor theory:

Prof.Healy observed that it is not one or two factors which turn a man delinquent but it is a
combination of many more factors such as:

1. Mobility

2. Culture conflicts

3. Family back ground 6 CRIMINOLOGY AND PENOLOGY

4. Political ideology

5. Religion and crime

6. Economic conditions

7. Influence of media etc

TENTATIVE THEORY OF CRIME:

Donald Taft observed that the relationship between economic structure and values and
institutions derived there from. The behaviour whether criminal or non-criminal, can be
regarded as a combined effect of culture and environment. The accepted social norms are
called as lawful conduct and the disapproved norms are called as unlawful conduct.

64
CRIME AND ECONOMIC CONDITIONS:

William Aldrian Bonger observed that the relationship between economic structure and
crime is direct or positive. Criminality, being an extension of normal economic activity has
increases or decreases with the rise or fall in economy. The crime rate increases in periods
of prosperity and decreases during periods of economic depression.

ORGANISED CRIMES:
An organized crime is an act which is committed by 2 or more criminals as a joint venture in
an organized manner. They are the members of unlawful association.

Different types of criminal organizations that may operate in the criminal world may be
categorized in to the following heads:

1. Organized predatory crime

2. Crime syndicate

3. Criminal racket

4. Political graft

WHITE COLLAR CRIME:

A white collar crime belongs to persons belonging to upper strata of society. A white collar
criminal is the one who violates the criminal law while conducting his professional qualities.
A white collar crime is more dangerous to society than ordinary crimes because the financial
loss to the society from white collar crimes is far greater than financial loss from burglaries,
robberies, larcenies etc.

The white collar crimes which are common to Indian trade and business world are hoarding,
profiteering and black marketing. The areas where a white collar crime plays predominant
roles are:

1. Tax evasion

2. Medical profession

3. Legal profession

4. Educational institutions

65
5. Engineering 6. Business deals

7. Computer related crimes such as pheakering, internet frauds, stalking etc.

Remedial measures:
1. By creating public awareness

2. Constitution special Tribunals

3. Enacting stringent regulatory laws with drastic punishments

4. Incorporating special chapter in Indian Penal Code

5. White collar criminals should be dealt sternly with stiffer punishments

6. Constituting National Crime Commission to deal the problem of Crime and criminality in
all its facets.

7. Public Vigilance.

CRIMINOLOGY AND PENOLOGY SEXUAL OFFENCES:

Sex crime is obviously one among such crimes which prevails in almost all societies from
ages. Like any other western country, the sex delinquency in India has also recorded an
upward trend in recent decades.

The factors which are mainly responsible for rise in sex offences are as follows:

1. Endless desires of man

2. Loss of faith in religion

3. Industrial developments

4. Urbanization

5. Family unhappiness

6. Uncontrollable hooliganism

7. Disintegration of joint family

8. Loss of control of parents over children etc.,

66
 WHAT CAN CRIMINOLOGY BRING TO THE STUDY OF CRIMINAL
LAW?

It follows from what has been said in the last section that criminological thinking brings
important insights to the study of criminal law. Since the specific practices of both
legislation and legal interpretation take place within the context of broader social processes
which shape not only the range and definition of criminal laws but also the particular
subjects in relation to whom the courts apply their legal techniques, that context is an
important factor in understanding the dynamics of legal interpretation.

Ideas and principles which are central to criminal law doctrine and its broader
accompanying framework, the ideal of the rule of law, begin to take on a different color
once we appreciate, as criminology helps us to do, the partiality and selectivity of their
enforcement. As an overtly coercive state practice within societies which think of
themselves as liberal, criminal law confronts a serious challenge of legitimation. It seeks to
meet this challenge by making a number of normative claims which relate both to the
substance of legal norms and to the process through which they are enforced. In relation to
the former, criminal law legitimates itself in two main ways.

First, it does so by appealing to the objective, timeless normative status of the standards
which it applies. Yet this poses problems of reconciliation with political manipulation of the
frontiers of criminality by legislative changes and executive decisions which criminalize
hitherto lawful activities or remove criminal sanctions from formerly prohibited conduct.

Secondly, criminal law legitimates itself by appealing to the basis of its standards in
common, shared understandings or commitments. This is difficult to reconcile with
pervasive social conflict in relation to the existence or interpretation of particular criminal
norms. Instructive contemporary examples include not only obvious disagreements about
the propriety of criminalizing certain forms of sexual behavior and commercial conduct but
also dissensus about the proper standard of fault to be applied in the key offence of
homicide.

In relation to procedure and enforcement, criminal law legitimates itself as the fair and
evenhanded application of rules to subjects conceptualized in terms of their formal
capacities for understanding and self-control. Yet how is this claim to be reconciled with the
statistics on disparate patterns of enforcement along lines of race or ethnicity, gender,
socio-economic status, age, place of residence.

Criminal law claims legitimacy by appealing to the detached and even-handed application of
its standards to all who come before it. How is this claim to be reconciled with the
pervasiveness of practices such as plea-bargaining, which are driven by the relative power
relations of particular actors within the process and by managcrialist concerns about the
cost-efficient disposal of cases?

67
Criminal law prides itself on its application of a standard of proof beyond reasonable doubt
and on its tailoring of liability requirements to the particular individual before the court.

How is this to be reconciled with extensive plea-bargaining or with the indeterminacy of

'mens rea' standards? Evidently, these legitimating strategies are heavily dependent on
criminal law's capacity to sustain the aura of its separateness from the politics and
practicalities of the criminal process. Many principles which are central to the 'common
sense' of doctrinal criminal law come to look somewhat fragile as that separateness is
eroded by a little knowledge of criminal justice. This realization itself propels the sorts of
critical questions discussed above onto the consciousness of the criminal law scholar.

TWO TYPES OF EXPLANATIONS OF CRIMINAL BEHAVIOR:

Scientific explanations of criminal behavior may be stated either in term of the processes
which are operating at the moment of the occurrence of crime or in terms of the processes
operating in the earlier history of the criminal. In the first case, the explanation may be
called ―mechanistic,―situational, or dynamic; in the second, ―historical or developmental
Both types of explanation are desirable. The mechanistic type of explanation has been
favored by physical and biological scientists, and it probably could be the more efficient type
of explanation of criminal behavior.

As Gibbons said: In many cases, criminality may be a response to nothing more temporal
than the provocations and attractions bound up in the immediate circumstances. It may be
that, in some kings of lawbreaking, understanding of the behavior may required detailed
attention to the concatenation of events immediately preceding it. Little or nothing may be
added to this understanding from a close scrutiny of the early development of the person.

However, criminological explanations of the mechanistic type have thus far been notably
unsuccessful, perhaps largely because they have been formulated in connection with an
attempt to isolate personal and social pathologies among criminals. Work from this point of
view has, at least, resulted in the conclusion that the immediate determinants of criminal
behavior lie in the personsituation complex. The objective situation is important to
criminality largely to the extent that it provides an opportunity for a criminal act.

A thief may steal from a fruit stand when the owner is not in sight but refrain when the
owner is in sight, a bank burglar may attack a bank which is poorly protected but refrain
from attacking a well-protected bank. A corporation which manufactures automobiles
seldom violates the pure food and drug law, but a meat-packing corporation might violate
these laws with great frequency.

But in another sense, a psychological or sociological sense, the situation is not exclusive of
the person, for the situation which is important is the situation as defined by the person
who is involved. That is, some persons define a situation in which a fruit-stand owner is out
of sight as a ―crime-committing‘ situation, while others do not so define it.

68
 Furthermore, the events in the person-situation complex at the time a crime occurs cannot
be separated from the prior life experiences of the criminal. This means that the situation is
defined by the person in terms of the inclinations and abilities which he or she has acquired.

For example, while a person could define a situation in such a manner that criminal behavior
would be the inevitable result, past experiences would, for the most part, determine the
way in which he or she defined the situation. An explanation of criminal behavior made in
terms of these past experiences is a historical or developmental explanation.

The following paragraphs state such a developmental theory of criminal behavior on the
assumption that a criminal act occurs when a situation appropriate for it, as defined by the
person, is present. The theory should be regarded as tentative, and it should be tested by
the factual information presented in the later chapters and by all other factual information
and theories which are applicable.

1. Criminal behavior is learned. Negatively, this means that criminal behavior is not
inherited, as such; also, the person who is not already trained in crime does not invent
criminal behavior, just as a person does not make mechanical inventions unless he has had
training in mechanics.

2. Criminal behavior is learned in interaction with other persons in a process of

communication. This communication is verbal in many respects but includes also ―the
communication of gestures.

3. The principal part of the learning of criminal behavior occurs within intimate personal
groups. Negatively, this means that the impersonal agencies of communication, such as
movies and newspapers, play a relatively unimportant part in the genesis of criminal
behavior.

4. When criminal behavior is learned, the learning includes techniques of committing the
crime, which are sometimes very complicated, sometimes very simple the specific direction
of motives, drives, rationalizations, and attitudes.

5. The specific direction of motives and drives is learned from definitions of the legal codes as
favorable or unfavorable. In some societies as individual is surrounded by person who
invariably define the legal codes as rules to be observed, while in others he is surrounded by
person whose definitions are favorable to the violation of the legal codes.

69
 THEORIES OF PUNISHMENT:

The object of criminal justice is to protect the society against criminals by punishing them
under the existing penal law.

There are 4 theories of punishment namely:

Deterrent theory:

It seeks to create the same kind of fear in the mind of others by providing adequate penalty
and exemplary punishment to offenders, which keeps them away from criminality.

Retributive theory:

It is based on the concept that evil should be returned to evil. Men should be given their
due. The mathematical equation of crime is., Guilt + Punishment = Innocence

Preventive theory:

The real object of penal law is to make the threat generally known rather that putting it
occasionally into execution. This concept makes the preventive theory realistic and humane

Reformative theory:

It suggests that punishment is only justifiable if it looks to the future and not to the past.
The main emphasis of this theory is rehabilitation of inmates in the peno- correctional
institutions.

FORMS OF PUNISHMENT AND JUDICIAL SENTENCING:

Punishment is one of the oldest method of controlling crime and criminality. In primitive
societies punishments were barbaric in nature. Some of the punishments which prevailed in
the earlier societies were flogging, mutilation, branding, stoning, pillory, fines etc.

section 53 of the Indian Penal Code provides for various forms of punishments such as:

70
1. Death penalty

2. Life imprisonment

3. Imprisonment

4. Forfeiture of property

5. Solitary confinement

6. Fine Judicial sentencing is the personal responsibility of the judge, a matter for his
conscience alone.

The personality of the offender rather than the gravity of the offence should be guiding
factor in judicial sentencing. It is mainly based and depends on the way and manner in
which the case is presented before the judge by the police and the prosecutor.

Asgar Hussain v. State of U.P [1974] 2 SCC 518

The disparity in sentencing creates hostile attitude in the mind of the offenders and reduces
the chances of their re-socialization as the offenders react strongly against the dis-
criminality treatment meted out to them.

CAPITAL PUNISHMENT: It is the highest form of punishment.

There are 2 controversial views regarding the capital punishment:

1. Retentionists views -

It has great deterrent value and commands obedience for law in general public.

2. Abolitionists views-

Enormous increase in the homicide crime rate reflects upon the futility of death sentence.
Offences punishable with death sentence under IPC:

1. Sec 121 - Waging War against Government

2. Sec 132 - Abetment of Mutiny 9 CRIMINOLOGY AND PENOLOGY

3. Sec 194 - Giving or fabricating false evidence leading to procure one’s conviction for
capital offence.

4. Sec 302 - Murder

71
5. Sec 396 - Dacoity with murder.

POLICE SYSTEM:
The primary duty of the police is to prevent crime and to maintain law and order in the
society. The word ‘police’ is derived from the Greek word ‘politeia’. The lack of public co-
operation, unwillingness to help police, lack of social responsibility, criminalization of
politicians etc is the problems faced by the police.

Patrolling and surveillance, preventive functions, investigation, interrogation of offenders

search and seizure, control of juvenile delinquency etc are some of the functions of the
police.

Prem Shankar Shukla v. Delhi Administration [AIR 1980 SC 1535]

Hand cuffing is held to be inhumane and unreasonable. It is repugnant to Art.21 in the light
of personal liberty.

Legal function of Police:

1. Preventive functions

2. Conditional Release of Accused on Bond etc

3. Interrogation of offenders and suspects

4. Search and Seizure

5. Maintain Inquest register

6. Function as a Prosecutor

7. Identification etc

8. Control Juvenile Delinquency

9. General Welfare Functions.

THE CRIMINAL LAW COURTS:

Most countries today have a regular hierarchy of courts for dispensation of criminal justice.
British Criminal Law Courts:

1. The House of Lords.

72
2. The Court of Criminal Appeal.

3. Queen’s Bench division of High Court .

4. Assize court .

5. The Central Criminal Court of London.

6. Magistrate court.

American Criminal Law Courts:

1. The Supreme Court of the United States

2. Supreme Court of the States

3. Superior courts

4. The lower trial courts

5. The inferior courts of local Magistrates

Criminal Law Courts in India :

1. The Supreme Court Of India

2. The High Courts

3. The Court of Session

4. The Courts of Judicial Magistrate

The main functions of the criminal law courts are:

1. Redressal of the complainant

2. Punishment of the offender

3. Fair and impartial trial of the accused

4. Maintenance of law and order in society

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THE PRISON ADMINISTRATION :

The history of prisons in India reflects the changes in society’s reaction from time to time.
The modern prison system in India is based on British prison model.

The American prison system:

The American prison system comprises these two systems which were started
simultaneously in Pennsylvania and Auburn.

1. The Pennsylvania system:

It was first introduced in Walnut street prison in Philadelphia in 1790. The arrangements of
cells in this prison resembled the spokes of a wheel with guardroom in the centre.

2. The Auburn system:

It was built at Auburn in Newyork state in 1818-1819. The essence of this system lay in
forced silence and separation at night but congregate work in shops during night.

The Elmira reformatory :

The earlier systems were superseded by the Elmira reformatory in Newyork which provided
for indeterminate sentence, parole and probation. It served two purposes,

i) It helped in the rehabilitation of prisoners and

ii) Work in prison kept inmates engaged during their stay in prison with the result they were
mentally and physically fit to return as a useful member of society after their release.

The British prison system:

The Act of 1778 passed by the British parliament marks the beginning of prison reforms in
England. Sir Arthur Waller, the then chairman of Prison Commission for England and Wales
suggested to the International Penal and Penitentiary Congress in 1925 that a set of general
rules should be drawn up governing the treatment of prisoners in all the member countries.

Prisons in India:

The Constitution of India placed “jail” along with police and law and order in the state list of
the seventh schedule. Based on the suggestion made by Pakwasa committee, a Model jail
was established at Lucknow in1949.

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Prabhakar Pandurang v. state of Maharashtra [AIR 1966 SC 424]
The Apex court ruled that detention in prison cannot deprive the detenue of his
fundamental rights.

OPEN PRISONS:
Open prisons are a twentieth century device for rehabilitating offenders to normal life in the
society through after-care programmes. Semi-open prison institution called the Witzwill
establishment was setup in Switzerland. Open prisons were established in UK in 1930s and
in USA in 1940s. These prisons provide for the reformation of the inmates. Open prisons
also prevails in Netherland, France, Norway and Sweden, Belgium, Australia, Thailand,
Middle East countries.

In India, the development of open prisons can be traced from the middle of 19th century
when the first All India Jail committee was appointed in 1836. The open prisons serve as a
useful correctional measure for the treatment of offenders, such as open prisons at:

1. Sampurnanand camp, Chakiya.

2. Sampurnanand camp, Naugarh

3. Sampurnanand camp, Shahgarh

4. The Saraya Ghat camp, Varanasi

5. Sampurnanand agricultural-cum-industrial camp, Sitaranj, Uttaranchal

6. Open air camp, Durgapur

7. Nav Jiwan Shivir, Mungaoli etc.

EXECUTIVE CLEMENCY, GOOD TIME LAWS AND INDETERMINATE SENTENCE:

The system of ‘good time’ laws was introduced to ease the problems of discipline in prisons
and make the custody, security and control within the institution more meaningful and
effective. This proved to be a successful one. The greatest disadvantage of the
indeterminate sentence is that the inmates are placed for his own salvation and he
contributes to a considerable curtailment of his own sentence by good work and effective
change in his mentality. Suspended sentence is different from indeterminate sentence
because in the former the offender is prosecuted for his guilt but he is not institutionalized.

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PAROLE:

Parole is the release from the penal or reformative institutions, of an offender who remains
under the control of correctional authorities, in an attempt to find out whether he is fit to
live in free society without supervision.

The main objectives of parole technique as stated in model prison manual are:

1. To enable the inmate to maintain continuity with his family life and deal with family
members.

2. To save the inmates from evil effects of continuous prison life.

3. To enable the inmate to retain self confidence and active interest in life.

PROBATION OF OFFENDERS :

The term ‘probation’ is derived from the Latin word probare which means ‘to test’ or ‘to
prove’. The history of probation can be traced back to the medieval concept of ‘benefit of
clergy’ surving in England and America until the middle of the nineteenth century.

The benefit of clergy ‘permitted clergy and other literates to escape the severity of the
criminal law. It meant suspension of the execution of sentence for an indefinite period as
long as the delinquent behaved well. The ultimate purpose of this is to reclaim back those
young and first offenders to orderly society who have for certain reasons fallen into bad
company or gone stray and landed in to criminality. John Augustus is the father of
probation.

Section 562 of Criminal Procedure Code, 1898 provides for statutory recognition of
probation.

Judicial Trend in India:

Somnath Puri v. State of Rajasthan, AIR 1972 SC 1490, the Supreme Court observed that
the benefit of probation law cannot be invoked in case of offence of fraudulent
misappropriation falling under Section 409 I.P.C and Section 5(2) of the Prevention of
Corruption Act, 1947.

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CRIME PREVENTION:
The modern approach of penologists to crime preventions centers round 5 considerations
namely:

1. Individualization

2. Re-socialization

3. Legislative participation in correctional problem

4. Ecological interpretation of sociological problem

5. Public participation

The problems involved in the crime prevention are:

1. New technological offences

2. Wide use of electronic communication

3. Politicalisation

4. Terrorism

5. Lack of adequate knowledge in forensic science etc., Victim logy is the branch of
knowledge to elucidate the role of victim in the causation of crime.

The reasons for non-reporting of crimes are:

1. Indifference

2. Apprehension of threat

3. Considerable loss of time and money

4. Lack of faith and confidence in police action

5. Social and public indignation etc.,

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RECIDIVISM:
The term ‘recidivism’ means persistent indulgence in crime. Recidivists are crime repeaters.
The offender who has a long criminal record and has been a frequent inmate of penal or
correctional institution is called as recidivist. G.B.Vold classified criminals into 4 major
categories for the purpose of analyzing the problem of recidivism:

Category Total population of Criminals

1. Psychologically disturbed criminal 30%

2. Psychologically normal but suffering from Inferiority complex 40%

3. Psychologically normal and educated criminals 10%

4. Hardened criminals 20%

The offenders may be classified into following categories:

1. Innocent convicts

2. Insane criminals

3. Criminals by accident

4. Occasional criminals

5. Habitual offenders

6. White collar criminals

7. Political offenders

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CASE LAWS RELATED TO CRIMINOLOGY IN
INDIA:

In Mohd. Giasuudin v. State of Andhra Pradesh:

The Supreme Court emphasized the reformative aspect of penal justice that the sub culture
that leads to anti-social behavior has to be encountered not by undue cruelty but by re-
culturisation.

Samresh Bose v. Amol Mitra, AIR 1986 SC 967:

The Supreme Court drew a distinction between obscenity and vulgarity and held that a
vulgar writing is not necessarily obscene. Vulgarity arose a feeling of disgust and repulsion
and also boredom but does not have effect of depraving, debasing and corrupting the
morals of any reader which obscenity does. The test is objective. In the instant case the
publication was not held to be obscene though it could be called vulgar .

Hicklin’s case [1868]

The court observed that the test for deciding obscenity is whether the tendency of the
matter charged as obscene is to deprave and corrupt those whose minds are open to such
immoral influences, and whose hands a publication of this sort mat fail.

ALCOHOLISM, DRUG ADDICTION AND CRIME:

Alcoholism and drug addiction are considered as victimless crimes. Persons with balanced
emotional and physical health normally do not indulge in criminality or aggressive conduct.
The National Committee on Drug Addiction was setup by the government to enquire in to
the extent of drug addiction in the country and to recommend suitable re-habilitation
program. Drugs are classified in to 2 categories namely:

1. Narcotic Drugs- such as opium, coco leaf, cannabis, pethedine etc.

2. Psychotropic Substances- such as valium, diazepam, tidijesic, morphine etc.,

79
 Rajendra Prasad Etc. Etc vs State Of Uttar Pradesh
Currently, the welter of the British Indian and post- Independence decisions and the impact of laconic
legislative changes in the Criminal Procedure Code the competition among the retributive, deterrent,
the reformative and even the existentialist theories of punishment and of statistical studies and
sociological and cultural winds settle the lethal fate of the living man in the cage.

Law must be honest to itself. Is it not true that some judges count the number of fatal wounds, some
the nature of the weapons used, others count the corpses or the degree of horror and yet others look
into the age or sex of the offender and even the lapse of time between the trial court's award of death
sentence and the final disposal of the appeal ? With some judges, motives, provocations, primary or
constructive guilt, mental disturbance and old feuds, the savagery of the murderous moment or the
plan which has preceded the killing, the social milieu, the sublimated class complex and other odd
factors enter the sentencing calculus. Stranger still, a good sentence of death by the trial court is
sometimes upset by the Supreme Court because of Law's delays. Courts have been directed execution
of murderers who are mental cases, who do not fall within the McNaghten rules, because of the
insane fury of the slaughter. A big margin of subjectivism, a preference for old English precedents,
theories of modern penology, behavioural emphasis or social antecedents, judicial hubris or human
rights perspectives, criminological literacy or fanatical reverence for outworn social philosophers
buried in the debris of time except as part of history-this plurality of forces plays a part in swinging the
pendulum of sentencing justice erratically. Therefore, until Parliament speaks, the court cannot be
silent. (Hopefully, s.302 l.P.C. is being amended, at long last, but it is only half-way through as the
Rajya Sabha proceedings show. We will revert to it later).

SENTENCING CYNOSURES Having stated the area and object of investigation we address ourselves to
this grave penological issue purely as judges deciding a legal problem, putting aside views,
philosophical or criminological, one holds. But law, in this area, cannot go it alone; and cross-
fertilisation from sociology, history, cultural anthropology and current national perils and
developmental goals and above all, constitutional currents, cannot be eschewed.

Let us leave 'law' a while and begin with drawing the backdrop with a lurid brush. Every sombre dawn
a human being is hanged by the legal process, the flag of humane justice shall be hung half-mast. Such
is the symbolic reverence the land of Gandhi should pay to human life haltered up by lethal law. The
values of a nation and ethos of a generation mould concepts of crime and punishment. So viewed, the
lode- star of penal policy to day, shining through the finer culture of former centuries, strengthens the
plea against death penalty. Moreover, however much judicially screened and constitutionally
legitimated, there is a factor of fallibility, a pall that falls beyond recall and a core of sublimated cruelty
implied in every death penalty.

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This is the starting point of our re-appraisal of presidential and legislative texts, with a view to evolving
clearer criteria for choice between the Life-Death Alternatives enacted into the Penal Code. We may,
for emphasis, recall s. 302 I.P.C.,-at once laconic and draconic, which reads:

Sec.302.-Punishment for murder.-Whoever commits murder shall be punished with death, or

imprisonment for life, and shall also be liable to fine."

We approach the resolution of the punishment predicament in a manner at once legal, logical and
criminological and impregnated with values constitutional. Therefore, we will first study the significant
legislative developments in the two interacting Codes and related par liamentary essays at change.
Where broad conclusions emerge from such an investigation, constitutional reinforcement may be
sought. Since the Constitution is paramount and paramountcy is paramountcy, its expansive
humanism must overpower traditional 'terrorism' in the practice of sentencing.

When this stage is reached and formulation of guidelines made, we will consider the criminological
foundations of theories of punishment which harmonise with the human rights jurisprudence of our
cultural cosmos. Finally, we will set down the salient cynosures for judges in their day-to-day labours.

Death penalty functionally fails to operate in this area for reasons not relevant to unravel here but
theta justice often claims human lives by hanging sentences by a distorted vision of the penological
purposes anu results.

What we mean is that the retention of death sentence in s. 302 is rigorously restricted to these macro-
purposes of social defence, state security and public order. But in practice, purblind application of
capital penalty claims victims who should not be hanged at all. The gross misapplication springs from
professional innocence of the ideological, constitutional, criminological and cultural trends in India and
abroad. Judicial decisions have hardly investigated these areas, have conjured up grisly images of
crime and criminal, and, fed on discarded doctrines of retribution and deterrence, indulged in death
awards blind to the socio-spiritual changes taking place in theoretical foundations of criminology and
sublime movements on our human planet.

The 'robes' are a repository of many rare qualities but shall add to its repertory latest developments in
sentencing wisdom.

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Bishnu Deo Shaw @ Bishnu Dayal vs State Of West Bengal

It is in the light of the right to life as a basic concept of human dignity, in the context of the unproven
efficacy of the death penalty as a deterrent and in the background of modern theories of criminology
based upon progress in the fields of science, medicine, psychiatry and sociology and in the setting of
the march of the movement for abolition of Capital Punishment, that Judges in India are required to
decide which sentence to impose in a case of murder, death or imprisonment for life?

Section 302 Indian Penal Code prescribes death or life- imprisonment as the penalty for murder. While
so, the Code of Criminal Procedure instructs the Court as to its application. The changes which the
Code has undergone in the last 25 years clearly indicate that Parliament is taking note of
contemporary criminological thought and movement. Prior to 1955, Section 367(5) of the Code of
Criminal Procedure 1898 insisted upon the Court stating its reasons if the sentence of death was not
imposed in a case of murder. The result was that it was thought that in the absence of extenuating
circumstances, which were to be stated by the Court, the ordinary penalty for murder was death. In
1955, sub-section (5) of Section 367 was deleted and the deletion was interpreted, at any rate by some
Courts, to mean that the sentence of life imprisonment was the normal sentence for murder and the
sentence of death could be imposed only if there were aggravating circumstances. In the Code of
Criminal Procedure of 1973, there is a further swing towards life imprisonment. Section 354(3) of the
new Code now provides:

'Special reasons', we may, therefore say, are reasons which are special with reference to the offender,
with reference to constitutional and legislative directives and with reference to the times, that is, with
reference to contemporary ideas in the fields of Criminology and connected sciences. Special reasons
are those which lead inevitably to the conclusion that the offender is beyond redemption, having due
regard to his personality and proclivity, to the legislative policy of reformation of the offender and to
the advances made in the methods of treatment etc. I will not attempt to catalogue and 'Special
reasons'. I have said enough and perhaps more than what I intended, to indicate what according to me
should be the approach to the question. Whatever I have said is but to supplement what my brother
Krishna Iyer has already said in Rajendra Prasad v. State of U.P.

(1) Coming to the case before us, our brothers Jaswant Singh and Kailasam, JJ., ordered 'notice
confined to the question of sentence only.' At the last hearing we granted special leave to
appeal on the question of sentence. The appellant was convicted by the learned Additional
Sessions Judge, Alipore, for the murder of his son and sentenced to death. The High Court of
Calcutta confirmed the conviction and sentence. The reason given by the learned Sessions
Judge for giving the sentence of death was that the murder was 'cruel and brutal' and that the
facts show the 'grim determination' of the accused to kill the deceased. The Sessions Judge
made no reference to the motive of the accused for the commission of the murder.

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 The High Court while confirming the sentence observed that the accused had previously
murdered his wife, suspecting her infidelity and suspecting that the deceased in the present case
was not his own son, that the sentence of imrisonment imposed on him for the murder of his wife
had no sobering affect and that he had murdered his own son without any mercy or remorse and
that he, therefore, deserved no mercy.

(2) We do not think that either the Sessions Judge or the High Court made the right approach to
the question. The Sessions Judge was wrong in imposing the sentence of death without even a
reference to the reason why the appellant committed the murder. The observation of the High
Court that the appellant deserved no mercy because he showed no mercy smacks very much of
punishment by way of retribution. We have examined the facts of the case. We find some
vague evidence to the effect that the appellant suspected that the deceased was not his own
son and that he used to get angry with the deceased for not obeying him. There is also vague
evidence that he had killed the mother of the deceased and had suffered sentence of
imprisonment for that offence.

From the vague evidence that is available we gather that the appellant was a moody person
who had for years been brooding over the suspected infidelity of his wife and the injustice of
having a son foisted on him. We do not think that the mere use of adjectives like 'cruel and
brutal' supplies the special reasons contemplated by Section 354(3) Criminal Procedure Code.

In the light of the principles enunciated in Rajendra Prasad v. State of U.P.,(1) and in the light of
what we have said earlier, we do not think that there are any 'special reasons' justifying the
imposition of the death penalty. We accordingly allow the appeal as regards sentence, set aside
the sentence of death and impose in its place the sentence of life imprisonment.

Satto & Others vs State Of U.P on 26 April, 1979

Appeal by Special Leave from the Judgment and Order dated 3-11-78 of the Allahabad High Court
in Criminal Revision Nos. 1064 and 1065/75.

S. K. Sabharwal for the Appellants.

O. P. Rana for the Respondent.

The following Judgments were delivered:

83
KRISHNA IYER, J. Concurrent convictions by both the courts below have, by a rule of restriction
and circumspection which this Court often adopts under Art. 136,

persuaded me to circumscribe the leave to appeal to the critical question of punishment,

usually answered by courts untouched by current humane criteria and drowned in the
superstition that the gravity of the crime and the tariff prescribed in the Penal Code have a
monopolistic hold on the sentencing court. Quackery in criminology is a deficiency in forensic
justicing-especially disastrous is sensitive areas like juvenile sentencing when unlettered
punishment becomes unwitting crime.

Current Indian ethos and standards of punitive deterrence make rape a heinous offence. The
offenders, however, are children and the dilemmatic issue is to fix the sentencing guidelines
when juvenile delinquents come before the court. 'Justice and the Child' is a distinct
jurisprudential-criminological branch of socio-legal speciality which is still in its infant status in
India and many other countries. the Children Act is a preliminary exercise, the Borstal School is
an experiment in reformation and even s.360 Cr. P.C. tends in the same direction. Correction
informed by compassion, not incarceration leading to degeneration, is the primary aim of this
field of criminal justice.

Juvenile justice has constitutional roots in Articles 15(3) and 39(e) and the pervasive humanism
which bespeaks the superparental concern of the State for its child-citizens including juvenile
delinquents. The penal pharmacopeia of India, in tune with the reformatory strategy currently
prevalent in civilised criminology, has to approach the child offender not as a target of harsh
punishment but of humane nourishment. This is the central problem of sentencing policy when
juveniles are found guilty of delinquency. A scientific approach may insist on a search for fuller
material sufficient to individuate the therapy to suit the criminal malady. As the United States
Supreme Court stated in Williams v. New York,(1) present the reports:

I may venture a view in conclusion that the revolutionary contribution Indian culture may make
to criminology is apt to be the focus on human consciousness whose mutilation leads to
sickness, crime and sorrow and whose restoration, collective and individual, is the insurance
against psychic stress and its off-shoots-crime and related maladies. The technology of
sentencing must release man from distortions and pressures on lines ancient and modern. This
parenthesis, in a sense, argues for the new orientation in juvenile justice.

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 Dina Bawri Vs State Of Assam on 8 May, 2000
Law must be honest to itself. It is not true that some judges count the number of fatal wounds,
some the nature of the weapon used, others count the corpses or the degree of horror and yet
others look into the age or sex of the offender and even the lapse of time between the trial
court's award to death sentence and the final disposal of the appeal? With some judges,
motives, provocations primary or constructive guilt, mental disturbance and old feuds, the
savagery of the murderous moment or the plan which has preceded the killing, the social
milieu, the sublimated class complex and other odd factors enter the sentencing calculas.
Stranger still, a good sentence of death by the trial court is sometimes upset by the Supreme
Court because of law's delays. Courts have even directed execution of murderers who are
mental cases, who do not fall within the Mc Naghten rules, because of the insane fury of the
slaughter. A big margin of subjectivism, a preference for old English precedents, theories of
modern penology, behavioural emphasis or social antecedents, judicial hubris or human rights
perspectives, criminological literacy or fanatical reverence for outworn social philosophers
buried in the debris of time except as part of history this plurality of forces plays a part
swinging the pendulum of sentencing justice erratically. Therefore, until Parliament speaks, the
court cannot be silent. (Hopefully, Section 302 IPC is being amended, at along last, but it is only
halfway through as the Rajya Sabha proceedings show. We will revert to it latter).

Punishment for murder - whoever commits murder shall be punished with death, or
imprisonment for life, and shall also be liable to fine.

We approach the resolution of the punishment predicament in a manner at once legal, logical and
criminological and impregnated with values constitutional. Therefore, we will first study the
significant legislative developments in the two interacting Codes and related parliamentary
essays at change. Where broad conclusions' emerge from such an investigation, constitutional
reinforcement may be sought. Since the Constitution is paramount and paramountcy is
paramountcy its expansive humanism must overpower traditional 'terrorism' in the practice of
sentencing. When this stage is reached and formulation of guidelines made, we will consider
the criminological foundations of theories of punishment which harmonise with the human
rights jurisprudence of our cultural cosmos. Finally, we will set down the salient cynosures for
judges in their day-to-day labours.

Apart from section 354(3), there is another provision in the Code which also uses the significant
expression 'special reasons'. It is section 361, section 360 of the 1973 Code re-enacts, In
substance, section 562 of the 1898 Code provides for the released on probation of good
conduct or after admonition any person not under twenty-one years of age who is convicted of
an offence punishable with fine only or with imprisonment for a term of seven years or less, or
any person under twenty-one years of age or any woman who is convicted of an offence not
punishable with death or imprisonment for life, if no previous offence is proved against the
offender, and if it appears to the court, having regard to the age, character or antecedents of
the offender, and to the circumstances in which the offence was committed, that it is
expedient that the offender should be released on probation of good conduct or after
admonition. If the court refrains from dealing with an offender under section 360 or under the
provisions of the Probation of Offenders Act, or any other law for the treatment, training or

85
 rehabilitation of youthful offenders, where the court could have done so, section 361, which is a
new provision in the 1973 Code makes it mandatory for the Court to record in its judgment the
'special reasons' for not doing so. Section 361 thus casts a duty upon the court to apply the
provisions of section 360 wherever it is possible to do so and, to state 'special reason' if it does
not do so.

In the context of section 360, the 'special reason' contemplated by section 361 must be such as to
compel the court to hold that it is impossible to reform and rehabilitates the offender after
examining the matter with due regard to the age, character and antecedents of the offender
and he circumstances in which the offence was committed.

This is some indication by the Legislature that reformation and rehabilitation of offenders, and
not mere deterrence, are now among the foremost objects of the administration of criminal
justice in our country. Section 361 and section 354(3) have both entered the Statute Book at
the same time and they are part of the emerging picture of acceptance by the Indian
Parliament of the new trends in criminology. We will not, therefore, be wrong in assuming that
the personality of the offender as revealed by his age, character antecedents and other
circumstances and the tractability of the offender to reform must necessarily play the most
prominent role in determining the sentence to be awarded. Special reason must have some
relations to these factors.

'Special reasons' we may therefore, say are reasons which are special with reference to the
offender, with reference to constitutional and legislative directives and with reference to the
times, that is, with reference to contemporary ideas in the fields of criminology and connected
sciences. Special reasons are those which lead inevitably to the conclusion that the offender is
beyond redemption, having due regard to his personality and proclivity, to the legislative policy
of reformation of the offender and to the advances made in the methods of treatment etc. I
will not attempt to catalogue any 'special reasons'. I have said enough and perhaps more than
what I intended, to indicate what according to me should be the approach to the question.
Whatever I have said is but to supplement what my brother Krishna Iyer has already said in
Rajendra Prasad v. State of U.P.

T.A. Chidambaram vs The University Of Madras

By Its ... on 12 April, 1989

When interim relief was sought for in these writ appeals, this Court directed that, in view of the
nature of the issues involved, the main writ petitions themselves be posted along with the writ
appeals for final disposal. The writ petitions therefore, were heard along with the writ appeals.

86
The petitioner has filed the writ petitions on the following averments: He is a Law Graduate, who
has also been enrolled as an Advocate.

He contemplated joining M.A. in Criminology in the first respondent University and applied for
the same. He found that the third respondent, who was appointed as a Reader in the
Department of Criminology, does not possess the basic qualifications required by the Rules and
Regulations of the first respondent and the basic norms prescribed for the above post by the
University Grants Commission. The necessary qualifications were advertised in the local dailies
on the basis of the rules and regulations of the first respondent, which required that a Reader in
Criminology, should have a Post Graduate degree either in the subject or in related subject, but
should have Ph.D in the subjects, with teaching and research experience of not less than five
years. The Specialisation required at the Doctoral level was Dilinquency. As against these basic
qualifications, the third respondent, who, though he held an M.Sc., degree in Geography and an
M.A., Degree in Criminology, and a Ph.D. only in Geography. He was not a Ph.D. in Criminology.
Even his teaching experience, which at the time of the appointment was about 15 years, was
wholly as a Tutor and later as Assistant Professor in Geography. He had no teaching and research
experience in Criminology. The specialisation called for in the advertisement was Delinquency,
which the third respondent did not have. Even his thesis for the Ph.D. only related to a pattern of
crime in a particular geographical area viz., Madras City. The third respondent thus lacked even
the basis qualifications. The Establishment Section of the University, finding that the third
respondent did not have the basis qualifications for the post, did not send him the interview
card. Later, at the instance of the second respondent, the interview card was sent to the third
respondent just a few hours before the interview. The fifth respondent, who also attended the
same interview for the same post, had an M.A., Degree in Criminology with Ph.D., in Criminology
with five years of teaching and research experience in that subject. Overlooking the legitimate
claims of the fifth respondent, for extraneous considerations and in bad faith, the second
respondent had appointed the third respondent to the post. The fifth respondent filed (P.
Thiagaraj v. University of Madras and Ors.) W.P. No. 3270 of 1985 before this Court for a writ of
Prohibition, restraining the first respondent from appointing the third respondent since the
latter was not qualified. The writ petition, however, later came to be dismissed as infructuous, as
the order appointing the third respondent, had already been issued prior to the filing of the writ
petition. The fifth respondent thereupon filed W.P. No. 4289 of 1985 challenging the
appointment. Meantime the post of Lecturer in the Department of Criminology was advertised
and the fifth respondent, who applied was interviewed and selected. The appointment order
was, however, withheld on the advise of the second respondent that the appointment order
would not be issued to him unless he withdrew W.P. No. 4289 of 1985 (R. Thiagaraj v. Vice
Chancellor, University of Madras and 3 Ors.) The fifth respondent, left with no other alternative,
withdrew the writ petition. The appointment order was thereafter issued to the fifth
respondent. Though the illegality in the appointment of the third respondent as a Reader in the
Department of Criminology was brought to the notice of the concerned authorities, the third
respondent was able to scuttle every representation, by bringing pressure on the concerned
authorities. Finding the third respondent not qualified and not competent, research students are
unwilling to get themselves registered under him. On pressure, one student registered himself
under the third respondent for M.Phil, in Criminology.

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The second respondent was contemplating confirming the third respondent in the post, Being a
public post, the petitioner was entitled to have in the post, one who had the basic qualifications as
prescribed by the Statute and Regulations of the University.

Appointing persons who were not qualified and who were not eligible for appointment, does
great injustice to the future of the students. The appointment of the third respondent had to be
quashed and writ of quo warranto issued against him. Respondents 1 and 2 had to be restrained
from confirming the third respondent in the post and also from assigning research students of
Criminology to the third respondent.

The first respondent, through the counter filed, contended that an advertisement was made in
the newspaper on 31st March, 1985 inviting applications for appointment to various posts in
different departments of the University, including the post of one Reader and one Lecturer in
the Department of Criminology. For these two posts, the Selection Committee consisting of
eminent academicians and public persons interviewed three candidates, including respondents
3 and 5 and recommended the third respondent to the post of Reader. This was also approved
by the Syndicate and an appointment order was issued to the third respondent, to hold the
post, initially on probation for two years. The third respondent, who was then working as
Assistant Professor in Geography in the Presidency College, after he was relieved from that
post, joined the post of Reader in Criminology in the University, retaining the lien in his College,
which after one year was severed. Regarding the requirement of basic qualification the first
respondent contended that the third respondent is fully qualified to the post of Reader, he
having two Post Graduate degrees, one in Criminology and Forensic Science and the other in
Geography and he having a Ph.D. in Geography (inter disciplinary), with the subject of Crimino-
Geographical study and he having a total teaching experience of 11 years and 7 months and
having made some publications meantime. The Ph.D. degree was in the subject of Criminology
and Geography, which were interconnected and inter-related. It was also contended that the
selection had been made well within the regulation and this Court could not go into the
question of the actual assessment of the related qualifications of the candidates who appeared
for the interview, as the same had been done by a duly constituted selection committee
consisting of Experts.

More or less to the same effect was the counter filed by the second respondent, who, in
particular, stated that the selection of the third respondent was not his individual selection, but
was the collective decision of the selection committee. The averments of mala fides and other
insinuations made against him were denied.

The third respondent filed a lengthy counter, running to 40 pages. On the question of basic
qualification, the third respondent also contended that he does possess the basic qualification
as per the rules of the University, on the basis of which the advertisement was made.

88
In particular, he contended that since a post graduate degree in a related subject was permitted,
Ph.D. in a related subject should also be implied to have been permitted by the University. The
qualification, therefore, relating to Ph.D., should be read as "Ph.D. in the subject or in a related
subject". Those words "or in a related subject" should be read into the Ordinance prescribing
basic qualifications, without which the entire qualification would be meaningless. In the
Madras University, there were only four post graduates in Criminology with a Ph.D. Three of
them are respondents 3, 4, and 5. Certain disciplines in the first respondent University were
being conducted on an inter-disciplinary basis and are taught by teachers having a Ph.D. in
allied subjects. Even for M.A. Criminology only seven out of ten papers were taught by
members of the University Faculty, while remaining papers were handled by outsiders,
possessing no academic qualification in Criminology. The counter thereafter at great length
deals with certain aspects peculiar to the subject "criminology". According to the third
respondent, criminology is a multi-disciplinary social science, emerging from sociology,
psychology, law, anthropology and other sciences and was, therefore, to be handled by
persons belonging to different disciplines. Though his entire teaching experience of 15 years
was in Geography and though he possessed a Ph.D. in Geography, his great interest in
criminology prompted him to take for specialisation a Crimino Geographical Study, on the basis
of which Ph.D. in Geography was awarded. Geography and Criminology are complementary.
The counter also gives a summary of the thesis submitted by him, as also a list of papers
presented by him on criminology.

The fourth respondent, through his counter, contended that even on 22nd November, 1984 he
wrote to the second respondent that the essential qualification for the post of Reader in
Criminology was a first or second class M.A. Degree in criminology. Ph.D. in Criminology with
five years of research and post graduate teaching experience in criminology and the
specialisation was research in delinquency at the doctoral level.

Even before the present appointment of the third respondent, a reminder in line with the
earlier letter was sent by the fourth respondent on 4th March, 1985, requesting the second
respondent not to appoint candidates who did not have the qualification in the requisite field
of specialisation. He had chosen delinquency as the field of specialisation, since the different
faculty members in the Department of Criminology had specialisation in the areas of
Psychology of Crime, Penology and Correctional Administration, Criminal Justice
Administration, Social defence, Victimology and other aspects, whereas there was none in the
Department with the specialisation in the area of "Juvenile Delinquency", which was then
assuming great importance in the broad discipline of Criminology. He had, therefore, requested
the second respondent to specify the field of specialisation as "Delinquency". The fourth
respondent has also contended that the third respondent does not possess the basic
qualifications in that he is not a Ph.D. in Criminology and has no teaching experience in
Criminology and has no teaching experience in criminology and he has specialisation in
delinquency prescribed for the post. The fourth respondent has also voiced his grievance at
being denied membership in the Selection Committee for the post of Reader, which, according
to him, was maneouvred to keep him out of the picture, to make the appointment of the third
respondent possible.

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 Shilpa Mittal v. State Of NCT of Delhi (2020)

Facts of the case

In this case, the accused, who was a juvenile at the time of the commission of the offence, committed
an offence that is punishable under Section 304 of the Indian Penal Code, 1860. The juvenile at the
time of occurrence of the incident was above 16 years but below 18 years, and the Juvenile Justice
board held that the accused has committed a heinous offence, and, therefore should be tried as an
adult.

Judgment of the court

The Supreme Court of India, in this case, held that an offence for which there is a sentence of more
than 7 years of imprisonment but does not have any minimum sentence, or providing a minimum
sentence of fewer than 7 years, cannot be considered as a heinous offence within the ambit of Section
2(33) of the Juvenile Justice (Care and Protection of Children) Act, 2015.

State Of Rajasthan vs. Love Kush Meena (2021)

Facts of the case

The case was primarily concerned with the question of whether a benefit of doubt resulting in
acquittal of the respondent under charges of Sections 302, Section 323, and Section 341 read
with Section 34 of the Indian Penal Code can create an opportunity for the respondent to join as a
police constable in Rajasthan Police Services.

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 Judgment of the court
The Apex court, while relying on the case of Avtar Singh vs Union Of India & Ors. (2016), held that
mere fact of an acquittal will not suffice, and it depends on whether the acquittal was clean on the
grounds of total absence of evidence or the acquittal was made on the grounds of the benefit of the
doubt. The court further held that in cases of heinous offences, if the acquittal is based purely on the
grounds of the benefit of the doubt, and the same shall not make the respondent eligible for
appointment.

Shivaji Chintappa Patil v. State of Maharashtra

Facts of the case

In this case, the accused was found guilty of homicide for the death of his wife by the sessions court
and later by the High Court under Section 302 of Indian Penal Code, 1860. Both the courts relied upon
the medical examination which itself was full of inconsistencies. The matter eventually came before
the Supreme Court of India.

Judgment of the court

The Apex court, in this case, held that both the Sessions Court and High Court have erred in
determining that the prosecution has established the guilt of the accused beyond a reasonable doubt.
The Apex Court further held that in cases of homicide, there is usually more than one person involved
and in cases of homicidal hangings, usually, more than one person is involved in the act, unless the
victim is a child or very weak and feeble, or is rendered unconscious by some intoxicating or narcotic
drug.

The Apex Court while relying on the case of Sharad Birdhi Chand Sarda vs State Of Maharashtra (1984)
gave 5 principles that must be fulfilled before a case against an accused can be said to be fully
established,

 The circumstances from which the conclusion of guilt is to be drawn should be fully
established.

 The facts so established should be consistent only with the hypothesis of the guilt of the
accused, that is to say, they should not be explainable on any other hypothesis except that
the accused is guilty.

 The circumstances should be conclusive and tendency

91
  They should exclude every possible hypothesis except the one to be proved.

 There must be a chain of evidence so complete as not to leave any reasonable ground for the
conclusion consistent with the innocence of the accused and must show that in all human
probability the act must have been done by the accused.

The Supreme Court also held that in case of suicide, the hanging marks on the neck of the victim are
upward ears, which was confirmed by the senior medical officer, and therefore the Apex Court set
aside the orders of conviction of the Sessions Court and High Court, and acquit the accused of all
charges.

The Nirbhaya gang-rape (2012)

This is a case that sparked widespread protests and triggered changes in major rape laws in India. The
gruesome and horrifying gang rape of Jyoti Singh also called Nirbhaya or the Unafraid, brought the
entire youth of India to the streets. Instead of victim shaming, the people of India screamed her name
as it had become a source of strength in the face of the fear of the unsafe nature of the Delhi streets.
Women and the youth week seemed to have enough and were poised to fight for their rights. After a
long legal battle, the accused were finally hanged in the Tihar Jail in the March of 2020.

The changes made in the rape law were substantial. A committee was set up under a former judge of
the Supreme Court, J.S. Verma to suggest amendments in the criminal law. The report found that
crimes against women were directly linked to failures of the government and the police. The major
suggestions of the report were to make rape punishable by life sentence instead of death as it had
been seen that the death sentence did not act as a deterrent and cleared ambiguity over the control of
the Delhi police in such cases. The committee, however, did not favour setting the official age of a
juvenile at sixteen rather than eighteen.

For starters, through the Criminal Law Amendment Act, 2013 the definition of rape was changed
in Section 375 to include the insertion of any object in the vagina or rectum of a woman. Further, the
punishment for rape is seven years at the least and may extend up to life imprisonment (Section 376).
Any man, be it a police officer, medical officer, army personnel, jail officer, public officer or public
servant, who commits rape may be imprisoned for at least ten years (Section 376).

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 A punishment of life imprisonment, extending to death, was prescribed for situations wherein the
rape concludes with the death of the victim, or the victim being in a vegetative state (Section 376-A).
Gang rape has been prescribed punishment of at least twenty years under the newly amended
sections (Section 376-D). The new amendment also defined ‘consent’ to mean an unequivocal
agreement to engage in a particular sexual act; clarifying further that the absence of resistance will not
imply consent.

Gurvail Singh v State of Punjab 31 Radhakrishnan,

J took a contrary view and observed that ...the rarest of rare cases…depends on the perception of the
society and not “Judge-centric”, that is, whether the society will approve the awarding of death
sentence to certain types of crime or not. While applying this test, the Court has to look into variety of
factors like society’s abhorrence, extreme indignation and antipathy to certain types of crimes like
rape and murder of minor girls, especially intellectually challenged minor girls, minor girls with physical
disability, old and infirm women with those disabilities, etc. examples are only illustrative and not
exhaustive. Courts award death sentence, because the situation demands, due to constitutional
compulsion, reflected by the will of the people, and is not Judgecentric.

93
R v. Tandi [1989] All ER 267 [AC]

The accused, a woman habitually takes ‘yarmouth’ brand of moderate alcohol. But on the
day of incident, she consumed full bottle of ‘Vodka’ a high intoxicant. Having lost control she
strangulated her 11 years old daughter to death. She raised the defense of insanity. But the
court rejected her plea on the ground that she has voluntarily consumed a heavy dose
instead of her usual mild drink in order to lose her mental ability to think and act rationally.

CRIME STATISTICS:

Crime statistics are the indices of intensity of crimes recorded annually in a particular
country, religion or place. Crime statistics may be placed under 3 categories namely:

1. Police statistics

2. Judicial statistics or court statistics

3. Penal statistics the statistical methodology serves as a useful technique for formulating
strategies to combat crimes and criminality. This job is handled by well trained and well
qualified professionals who have real aptitude for this work.

Katherine S. Williams, Textbook on Criminology 343-367 ( 3rd ed., 1997)

LEXPEDIA.COM (LEGAL DIRECTORATE MATERIAL

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 CHAPTER:3
CONCLUSIONS AND SUGGESTIONS

FORENSIC TOXICOLOGY:

As a matter of fact we know that with the advent of 21st century, the scope of a forensic
toxicology service has technically and intellectually become very demanding. Even though
the short-comings of forensic toxicology persists in some spheres, still its role in delivering
the justice and solving criminal cases has been highly appreciated and relied upon. Yet after
the limitations, the court and society at large depends on the findings of the forensic
examination and reports. The growth of forensic studies in field of toxicology is witnessed
because as the society advances and becomes more complex, the crime presents itself in
different forms. This correspondingly necessitates the employment of modern scientific
techniques in investigation. This need of the society is taken care by the field of forensic
toxicology.

There is a unanimity that medical and forensic evidence plays a crucial role in helping the
courts of law to arrive at logical conclusions. Therefore, the expert medical professionals
should be encouraged to undertake medico legal work and simultaneously the atmosphere
in courts should be congenial to the medical witness. This attains utmost importance
looking at the outcome of the case, since if good experts avoid court attendance, less
objective professional will fill the gap, ultimately affecting the justice. The need to involve
more and more professionals in expert testimony has been felt by different organizations.
Though many plans have been brought before the ministry of Home Affairs which includes
formation of Forensic Council where not only the Evidence Act but the Information
Technology Act and The Code of Criminal Procedure will become complementary to the
Science.

1. Forensic Toxicology deals with Medico-Legal Aspects of the harmful effects of chemicals
on human beings.

2. A number of legal statutes have been passed which are constantly regulating and
controlling the manufacture, sale, distribution, and possession of poisons and drugs.

3. The term ―narcotic‖ in the legal sense is quite different from that used in the medical
context which denotes a sleep inducing agent.

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4. The NDPS Act enforces complete prohibition on the cultivation of Coca, Poppy, and
Cannabis plants, and the manufacture, sale, purchase, use, or transport of any narcotic drug
or psychotropic substance except for medical or scientific purposes.

5. A patient, who has knowingly consumed a poisonous substance or overdosed a

therapeutic drug, is likely to be persistent and may repel all efforts at treating him.

FORENSIC TOXICOLOGY in conclusion, it is good to note that toxicological analysis is

important because it determines and sketches the behavior curves. This will always
ensure that there is security for these of medicine, establishing modes of mechanisms of
dissimilar medicine and assessment of fresh methods of testing and examination as fit
as producing epidemiological studies. In this error it is important to note that
toxicological unit is very important because it has prejudiced the result of numerous
offense cases.

In the Indian case, greater focus was put on the use of these technologies in criminal
investigations and trials. Commissions appointed on criminal justice reforms have affirmed
that the introduction of crime detection technologies will enable the system to work
efficiently. The related laws have been changed from time to time to make room for the
use of forensic technologies in investigating and prosecuting crime.

And yet, it can be argued that the regulations that need to be revised have current flaws.
Also, due to their conservative approach, the courts are reluctant to rely on empirical
evidence, or other inherent flaws in the evidence presented in court, which prevent them
from relying entirely on it. Criminal justice system's primary motto is to have equal justice.
The forensic proof is, no doubt, more credible than eye testimony.

Being a scientific method, forensic science is a boon to the criminal justice system. To
progress, we need to overcome the existing flaws. Around the same time, there is a need
to ensure that law enforcement and investigative agencies once again understand and use
forensic science as a holistic problem-solving resource to their full potential.

It is apparent that such a technique is incorporated within a context that enables an

understanding of the input that a particular form of evidence may provide meaningfully in
terms of sub-source, source, operation or offence-level proposals for a given collection of
case-specific circumstances rather than restricting it to a one-dimensional reactive
procedure.

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An interpreted means of evaluative monitoring of forensic science data pertinent to a
specific case but retained in the context of that case where alternate solution propositions
can be attended to and challenged correctly, works to fulfil this problem-solving prospects.
Such a method has been developed by the Association of Forensic Science Suppliers among
others.

Suggestions :
1. More well-equipped laboratories should be established to handle DNA samples and
evidence.

2. A specific law should be enacted giving guidelines to the police setting uniform standards
for obtaining genetic information and creating adequate safeguards to prevent misuse of
the same.

3. A national DNA database should be created which will be immensely helpful in the fight
against terrorism.

4. Sec. 313 of the CR.P.C must also be amended so as to draw adverse inference against the
accused if he fails to answer any relevant material against him therefore, making it easy for
the law enforcers to use DNA tests against him.

There is a unanimity that medical and forensic evidence plays a crucial role in helping the
courts of law to arrive at logical conclusions. Therefore, the expert medical professionals
should be encouraged to undertake medico legal work and simultaneously the atmosphere
in courts should be congenial to the medical witness. This attains utmost importance
looking at the outcome of the case, since if good experts avoid court attendance, less
objective professional will fill the gap, ultimately affecting the justice. The need to involve
more and more professionals in expert testimony has been felt by different organizations.
Though many plans have been brought before the ministry of Home Affairs which includes
formation of Forensic Council where not only the Evidence Act but the Information
Technology Act and The Code of Criminal Procedure will become complementary to the
Science.

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CRIMINOLOGY IN INDIA:

To develop and sustain Criminology as a discipline of learning and applications, there is a

need to work on the gaps and problems identified in the research survey. The UGC, ICSSR
and the Institutions already working in this area are required to display greater concern for
this subject. The UGC can think of establishing centres for excellence in criminology. The
matter can also be taken up with the Government agencies and organization for considering
the subject in their recruitment process.

The UGC or Ministry of Human Resource Development can do the needful into this matter.
The bodies like Indian Society of Criminology must act in this direction. The UGC and ICSSR
may consider of greater and separate funds allocation for researchers in Criminology. The
developing of standard syllabi in criminology may also be given attention to.

Criminology in India is surely coming of age. Quality and quantity of research in criminology
has shown improvement. Criminology in India has grown to be a multidisciplinary subject in
a true sense. Despite shortcomings found and expressed in the present Report, Criminology
as a subject of learning and research has tremendous promise and potential for a country
like India. If nurtured and developed in a correct way and direction, it can contribute to the
larger objective of safe living and order in society.
The aim of criminal law is to protect the rights of the individuals and to safeguard the weak
against the strong, law abiding against lawless and peaceful against violent. The state has
prescribed certain rules of conduct, sanctions for their violations and machinery to enforce
sanctions and procedure to protect that machinery.

Crime has existed in all societies, and that efforts to legislate, enforce, punish, or otherwise
correct criminal behavior have not succeeded in eliminating crime. While some have
concluded that crime is a necessary evil in human society, and have sought to justify its
existence by pointing to its role in social change, an alternative view is that the cause of
crime is to be found in the problems of human nature and human relationships that have
plagued us since the origins of human history. Correcting these problems would effectively
remove the source of crime, and bring about a peaceful world in which all people could
realize their potential as individuals, and develop satisfying, harmonious relationships with
others.

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SUGGESTIONS:

Court delays are like a poison, killing the entire judiciary. For more than 15 years, lawsuits
are pending at trials. Who, the police, the prosecutor, or the judges are responsible for it?
The criminal justice process or the police should be blamed for delays in the disposition of
cases and arrears in criminal courts. The following are some suggestions or part of the
elements that must be able to activate the legal procedures and improve them, they are:

1. In subordinate courts and high courts, the power of judicial officers and judges is
sufficiently enhanced. There should be no unfulfilled vacancies in courts. The
judiciary recruits young and talented citizens with honesty.
2. Considering the inadequacy of judicial officers to dispose of arrears in criminal
proceedings, retired judicial officers’ services or magistrates may be abused by the
creation of special tribunals that are to be headed by them.
3. India now hopes to become a fully digitized nation. In reality, we were extremely
successful. But the Indian legislation is abandoned for some odd cause. That
shouldn’t be the case. The system of Indian law should be completely digitized
from the start to the end. It helps to save a lot of time for context documentation.
4. The aim of our criminal justice system should be to provide speedy justice.
5. There must be thorough preparation for the judicial officers. Training in forensics
should also be given. They shall coordinate refresher services in the light of rapid
social change, the whole continuum of offences in terms of cognizable and
unaware crimes has to be re-examined. Many of the unsolved crimes may be
identified.
6. The obsolete and anomalous acts should be abrogated. The legislature should be
careful to multiply the number of criminal laws.
7. As society evolves rapidly, new forms of violent crime such as organized crimes,
insurrections, terrorism, etc. emerge as a result of industrialization and economic
growth. To solve these attacks, there should be a specialist police force. For this
reason, comprehensive training and required new installations and infrastructural
equipment are given to police and investigation agencies.
8. Police brutality, misbehaviour by the police, prison abuse, police misconduct
should be handled thoroughly and efficiently. Senior police officers must create a
committee for the severe treatment of the issue and they should be disciplined
and disciplinary action against unjust police personnel and made liable to
reimburse the victims of their crimes.
9. Improvements are required in the prisons.
10. Plea proceedings may also be used to reduce the immense backlog of cases.

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11. Finally, given that the judiciary is the branch of government, the vacations in the
courts should be the same as with other government executive wings. Summer
holidays or additional holidays in courts do not take effect. The working hours will
be the same as every other government department’s daily working hours.

12. Just as we consider the citizens must acquire speedy justice, it is also important to
make the justice system less expensive for them as well. Citizens discourage their
cases from being put to courts because of the high fees of lawyers. The process
must be “uncompetitive, casual, versatile, compassionate, practical, and without
legal complications,” says Justice V.R. Krishna Iyer.

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 BIBLIOGRAPHY

1. BOOKS REFERRED:
Medical Jurisprudence, Toxicology & Forensic Science : By Prof.
(Dr.) A.S.DEOSKAR

 Indian Penal Code: K.D.GAUR

 Development of Forensic Science and Criminal Prosecution-

India. Nivedita Grover, Isha Tyagi

 Criminalistics An Introduction to Forensic Science edition 11 : By

Richard Saferstein, Ph.D.

2. STATUTE REFERRED:

Poison Act, 1919

• The Drugs Act, 1940

• The Drugs and Cosmetics Act, 1940

• The Drugs and Cosmetics Rules, 1945

• The Pharmacy Act, 1948

• The Drugs Control Act, 1950

• The Drugs and Magic Remedies Act, 1954

• The Narcotics Drugs and Psychotropic Substance Act, 1985

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• The Indian Penal Code (IPC),1860

• The Criminal Procedural Code (CrPC),1973

• The Indian Evidence Act (IEA),1872

3. CASES:
Sushil Sharma v. The State (Delhi Administration)1996 CriLJ 3944

Vasu v. Santha AIR [1986] M.P. 57,

Marachalil Chandra Tukaram Talekar v. State of Gujarat, 1980 Cri.

L.J.5 (Guj.)

Bazari Hajam v. King Emperor, AIR 1922 Pat.73:23 Cr. L.J 638 [5] C.J. in
Public

Prosecutor v. Kandasami Thevan, AIR 1927 Mad. 696:27 Cr. L. J 125

Din Muhammad v. Emperor, Central Provinces Police Gazette dated

27th May, 1914 pp. 125-130

4. Websites:

http://www.princeton.edu/~achaney/tmve/wiki100k/docs/Forensic_s
cience. html

www.ifs.edu.in/IFS.EDU.BROCHURE.pdf

http://www.britannica.com

Legal Service India: Article

Forensic Toxicology and Indian Laws

MedCrave.

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THANK YOU

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