MODULE 3

MODULE - III
Evidence: meaning and its several forms, Presentation of Expert Evidence: Data,
Reports, Evidence in the Court, presenting counsel’s contributions, defense
counsel’s role, court’s participation. Evidentiary clue. Awareness of Forensic
Science in crime investigation, Role of Media, Human Rights

Evidence
Stages of evidence recording
Forensic Science
Role of Forensic Evidence in the Criminal Justice System
Forensic Evidence/Physical Evidence: Types of Physical Evidence
Crime Scene Investigation – [Awareness of Forensic Science in crime investigation]
Stages – 5
Admissibility of Forensic Evidence in Court [Evidence in the Court, presenting counsel’s
contributions, defense, counsel’s role, court’s participation]
Classification of Forensic Evidence – Biological evidence [DNA], Fingerprint, etc – Key
Forensic Techniques
Role of Media
Human Rights

Forensic science plays a crucial role in the criminal justice system by providing scientific
evidence that can help establish guilt or innocence in a court of law. India has a rich history
of forensic science, dating back to ancient times, a detailed reference of which can be found
in Kaultilya’s Arthashastra. Today, forensic science has evolved into a highly specialized field
that plays a critical role in solving crimes. This includes analysis of blood stains, fingerprints,
DNA, footprints or analysis of identification of voice, handwriting, etc. The use of forensic
evidence in criminal cases in India is governed by the Indian Evidence Act of 1872, which
lays down the rules for the admissibility of evidence in court. It can be used to establish guilt
or innocence, as well as to identify suspects and link them to specific criminal activities. It
can also be used to reconstruct crime scenes and provide critical information that can help
investigators solve crimes. Several types of forensic evidence are collected to find the real
culprit behind any crime.
EVIDENCE: MEANING AND ITS SEVERAL FORMS
Definition of evidence: Section 2(e) of the Bharatiya Sakshiya Adhiniyam, 2023 (BSA) –
defines evidence as that which a court of justice is permitted by law to take into consideration
for ascertaining the truth of the fact or point in issue. Evidence means and includes– oral and
documentary evidence -
(i) all statements including statements given electronically which the court permits
or requires to be made before it by witnesses in relation to matters of fact under
inquiry and such statements or information are called oral evidence
(ii) all documents including electronic or digital records produced for the inspection
of the court and such documents are called documentary evidence.
Evidence is tendered only during the trial stage and it is accepted that after having given the
opposite side to rebut it through cross-examination. Evidence will not be admitted during an
appeal.
There are many evidences1 which are used in a criminal trial. One such kind of evidence is
scientific or forensic evidence. These evidences are important in proving a case as they are
based on the knowledge that has been developed by using scientific method. Many types of
evidence are considered as scientific evidence such as DNA fingerprinting, fingerprint
identification, hair analysis etc.
Forensic evidence links the potential offender to a crime scene with the help of material or
physical evidence obtained from the suspect along with a similar sample recovered from the
crime scene. Physical evidence may be generally defined as any material either in gross or trace
quantities that can establish through scientific examination and analysis that a crime has been
committed. It is usually recovered from the crime scene or from a place where the accused or
victim has been present either before or after the commission of crime. Blood, hair, semen,
fingerprints, shoeprint etc. are all real evidence.
The term forensic evidence incorporates two distinct ideas. The ‘forensic’ part refers to the
laboratory and observational processes utilized in the forensic science at issue from which
necessary facts get generated. The manner in which DNA is extracted, tested, and subjected
to population analyses is a primary example. The ‘evidence’ part refers to an impartial
procedure of collection of information in a litigation which leads and guides a judge to reach
a particular conclusion relating to a fact in issue. Forensic science is useful in all kinds of
cases, but the information provided from scientific sources must be relevant to one of the

1
Direct evidence is evidence given where the witness testifies directly of his own knowledge as to the main fact
or facts in dispute; Circumstantial evidence: which tends to prove the ultimate fact in issue; presumptive
evidence. It is the evidence derived from circumstances as distinguished from direct and positive proof. It is the
inference of a fact from other facts proved, and the facts thus inferred and assented to by the mind are said to be
presumed, that is to say, it is taken for granted until the contrary is proved; Substantial evidence – is evidence
which a reasonable man will accept as adequate for arriving at the decision in a case; and Corroborative
evidence – is the evidence that concurs with another evidence . [Direct and circumstantial evidence differs merely in
their logical relation to the fact in issue. In direct evidence, evidence as to the existence of the fact is direct. Whereas
circumstantial evidence relates to the existence of facts which raises a logical inference as to the existence of the fact in
issue.]
issues in the case. In criminal cases, using forensic science involves some form of scientific
work which is performed to resolve factual matters relating to the case itself. All the
evidences including forensic evidence are used to reconstruct and connect to every event
forming part of the crime committed.
Information generated by the forensic sciences is referred to as forensic evidence simply to
distinguish it from non-scientifically generated information such as witness statements in
relation to the crime committed. Forensic evidence involves application of scientific theory
accompanied by laboratory techniques, some of which involves natural sciences, such as
anthropology, DNA analysis, pathology, serology, geology, toxicology etc.

Stages of evidence recording – OPTIOAL TO TEACH

Evidence is to be recorded in the following four stages:
1. Examination -in -chief;
2. Cross-examination;
3. Re-examination; and
4. Questions put by the judge
Examination-in-chief: Examination-in-Chief is the first and the main examination of a
witness by the party who calls him. In government prosecution cases, as a rule, the public
prosecutor first examines the witness to elicit the principal facts concerning the case. If the
witness is summoned by a private party, he is at first examined by the pleaders of that party.
The objective is to place before the court, all the facts that have a bearing on the case, and if
the witness is an expert, his interpretation and opinion are based on these facts. In this part of
the examination, leading questions,2 i.e., questions which directly or indirectly suggest their
desired answers, are not allowed, except in those cases in which the judge is satisfied that a
witness is hostile and tries to conceal the facts. The court shall not permit leading questions as
to matters which are introductory or undisputed, or which have, in its opinion, been already
sufficiently proved: 'Did you or did you not see X striking Y with a stick on a certain
afternoon' is a leading question, as that suggests the answer 'yes'. It cannot, therefore, be put
to the witness. The proper form of the questions in a case of an assault is: ' When did this
incident occur? Where were you at that time? What did you notice? and so on. The witness
will narrate the whole incident of X striking Y as he saw it.
Cross-examination: Cross-examination in criminal trials may be regarded as the most
reliable procedure of testing the value of the evidence, and is conducted by the counsel for
the accused or when a witness is treated as hostile, by the person who calls the witness to
testify on his behalf. The main objectives of cross-examination are:
1. To elicit facts favorable to his case;
2. To test the accuracy of the statement made by the witness;
3. To shift, modify, or explain what has been said;
4. To discrete the witness; and
5. To remove an undue or unwarranted emphasis.
2
Section 141 of the Indian Evidence Act.
Cross-examination is useful to demonstrate the possibility of theories, and not necessarily
inconsistent with the evidence the witness has given, but helpful to his own case. In this
examination, leading questions are permissible and the witness should be very cautious in
answering them. He should not attempt to answer the questions, unless he clearly and
completely understands them, as the cross-examiner often tries every possible means to
weaken his evidence, thereby showing to the court that the evidence in question is conflicting
and not worthy of credence.
The witness may also be asked any question which tends to test his veracity, to discover his
knowledge, experience, and qualifications and even to injure his character. It must, however,
be remembered that the court can always forbid any question which appears to insult or
annoy, or which though proper in itself, appears to the court as needlessly offensive in form.3
In some instances, cross-examination acts as a double-edged sword, which cuts both ways,
i.e., it may damage the defence as much as, may, sometimes more than the prosecution,
especially if the Counsel is not familiar with medical science, and the witness happens to be
up-to-date in his subject, and at the same time honest and straight forward.
There is no time limit for cross-examination. It may last for hours or even days, although the
presiding officer can always disallow irrelevant questions and cut short the cross-
examination.
Re-Examination: The prosecuting counsel, who conducts the examination-in-chief, has the
right to re-examine the witness. The objective of re-examination is to explain any
ambiguities, or correct any mistake, or to clarify or amplify statements the witness has made
in cross-examination. However, the witness cannot introduce any new subject without the
consent of the judge or opposing Counsel, lest he should be liable to cross-examination on the
new point thus introduced. Leading questions are not allowed. Under section 311 of CRPC,
the court has the power to recall and re-examine any witness already examined, if his
evidence appears to the court to be essential to the just decision of the case.
Court questions: The judge or the presiding officer of the court can put questions to the
witness at any stage to clear up doubtful points.

FORENSIC SCIENCE
Forensic science is that piece without which the puzzle of a criminal investigation is
incomplete. Forensic science involves the collection, preservation, and analysis of evidence
suitable for prosecuting an offender in the court of law. The application of forensic science in
the criminal justice system therefore, gives a clear picture.
Without the application of forensic science, criminals can never be convicted unless an
eyewitness is present. While detectives and law enforcement agencies are involved in the
collection of evidence, be it physical or digital, it is forensic science that deals with the
analysis of those evidences in order to establish facts admissible in the court of law. Thus, in
a world devoid of forensic science, murderers, thieves, drug traffickers and rapists would be
roaming scot-free.

3
Section 152 of the Indian Evidence Act.
The legal system widely recognizes the role of forensic evidence in the trial of criminal
offenders. Forensic evidence is extensively used worldwide to both convict and exonerate
defendants. This is because when scientific techniques and methods are used, there is not
much scope for bias or injustice. That is why DNA profiling and a host of other forensic
evidences are widely accepted in courts across the world. Interestingly, the first forensic
technique ever used involving finger and palm print identification dates back to the Chinese
(650 A.D.).
The duties and responsibilities of a forensic scientist in a criminal investigation is crucial as it
involves careful examination of evidence with due care so that it is not tampered with. A
diverse pool of forensic scientists and forensic tools are involved in the investigation of a
criminal act.
For instance, forensic pathologists are skilled at determining the cause of death by performing
autopsies. An autopsy helps in establishing the cause and manner of death through the
examination of body fluids and tissues. Forensic scientists analyze physical evidence
(fingerprints, blood, hair etc.) collected from the crime scene to identify suspects. Forensic
professionals also use image modification tools to search for criminals absconding from the
law for a long time. This tool enables them to digitally age a photograph to understand how
the individual would look on ageing.
ROLE OF FORENSIC EVIDENCE IN CRIMINAL JUSTICE SYSTEM
The aim of forensic science in criminal justice system is to link the potential offender to a
crime scene with the help of physical evidence obtained from the suspect along with a similar
sample recovered from the crime scene. The investigating officers and the courts place heavy
reliance on such forensic evidence and testimony as it helps provide information about the
crime, to the investigators.
Whenever a serious crime is committed, the police personnel devote many hours to collect
and analyse forensic evidence from the scene of crime and other places, till the conclusion of
the investigation. The application of forensic sciences and the collection of forensic evidence
have become an important part of criminal investigations in India. Forensic evidence plays
various roles in criminal investigations in the following ways:
It –

 proves whether or not a crime is committed;

 highlights the relation between the accused and the victim along with crime scene;
 establishes the identity of people involved in the commission of the said crime;
 exonerates the innocent person;
 corroborates a victim’s testimony;
 assists in proving the facts which are connected to the crime.

Forensic evidence plays three important roles in the criminal judicial process. It –

i. establishes the element of a crime i.e., it helps in proving the commission of crime;
ii. associates or dissociates the accused with the crime; and
iii. helps in reconstruction of scene of crime.
1. Defining the element of the crime — This is the proof that a crime has been committed, such as
the identification and quantitation of a drug or controlled substance or the determination of the
quantity of alcohol in the blood of a person suspected of driving while intoxicated.
2. Providing investigative leads for a case — An example of this would be the identification of a
vehicle type in a hit-and-run case through automotive paint and glass analysis.
3. Linking a crime scene or a victim to a suspect — This link may be provided through analysis
of various types of physical evidence such as hair, blood, semen, and fingerprints.
4. Corroborating or refuting a suspect’s statement or alibi — In a fatal gunshot case, the
examination of bloodstain patterns at the scene and on a suspect’s clothing may establish
whether a victim was struggling with an assailant as may be claimed or conversely show that the
victim was in a totally different position or location when the shot was fired. Physical evidence
may also assist with the differentiation of a homicide or suicide. Questions, such as could the
victim have fired the fatal shot or could certain bloodstains have been produced by the victim’s
activity, may be answered by the evaluation of physical evidence.
5. Identifying a suspect — The identification of a suspect is not limited to but often established
through fingerprint comparison or DNA pro- filing.
6. Inducing a confession of a suspect — In some cases presenting factual information to a suspect
established through the examination of physical evidence, such as the victim’s blood identified
on their clothing or fingerprints identified on a weapon, will encourage the person to admit
involvement in a crime.
7. Exonerating the innocent — Physical evidence may be found that may prove a person did not
commit a crime. This is often referred to as exculpatory evidence. An example of this type of
evidence would be the presence of DNA in seminal fluid from vaginal samples of a rape victim
that does not match the suspect.
8. Providing expert testimony in court — The presentation of physical evidence in court by an
expert is the ultimate test of the validity of the evidence. The conclusions drawn by the expert
must meet rigorous standards of scientific proof and withstand a vigorous cross examination by
defense counsel at trial. The physical evidence and scientific conclusions must be explained to
the jurors in an understandable fashion to assist them in arriving at a just verdict in a case.

FORENSIC EVIDENCE: PHYSICAL EVIDENCE

Physical evidence can range from massive objects to microscopic items, resulting from a
crime and recovered at the crime scene or related locations. Considering all sources of
information available in investigations (e.g. confessions, testimonies, video surveillance),
physical evidence plays a vital role. Physical evidence, when recognized and properly
handled, offers the best prospect for providing objective and reliable information regarding
the incident under investigation. However, the value of even the most carefully recovered and
preserved evidence can be lost if the chain of custody is not properly maintained.
Physical evidence may exist in virtually any form or size depending upon the nature and
environment of the criminal event. It may exist at the crime scene, or have been transferred between
victim and assailant, as well as any other location depending upon the activities of persons involved.
The quality of physical evidence is dependent upon the proper observation, documentation,
collection, preservation, and packaging of this evidence at the crime scene, as well as from the
victim and suspect. This is governed by the skill and thoroughness of the crime scene investigators,
detectives, and pathologists involved in the case, as well as the sophistication of the scientific
methods utilized by the forensic scientists. This is achieved through proper training and experience
of the crime scene investigators and forensic pathologists, as well as the forensic scientists or
criminalists engaged in the scientific examination of physical evidence in the laboratory. The
continuity of the chain of custody of the physical evidence must be maintained throughout the
entire process including its analysis and subsequent storage. This is necessary to ensure the
admissibility of physical evidence in judicial proceedings and at the trial of the accused.
It is necessary to maintain the relationship of physical evidence to the crime scene prior to its
collection and packaging. This is usually accomplished through photography, written notes, and
diagrams. The collection of physical evidence requires careful attention to the type of evidence
encountered with respect to proper packaging. Care must be taken not to alter, distort, or
contaminate the evidence prior to its analysis. Items collected should be marked with a sequential
number, referenced to the specific location where it was discovered noting the time and date, and
initialed by the person collecting the evidence. Biohazardous materials, such as blood and body
fluids, should be placed in clearly marked containers. Crime laboratories maintain protocols for
evidence collection and packaging which should be adhered to carefully. For example, bloodstained
materials such as clothing and bedding should be thoroughly air dried prior to packaging. This
avoids bacterial activity which may hinder subsequent analyses. Special containers are required for
collection of particles of trace evidence to avoid loss and contamination. Good communication
between the laboratory and crime scene technicians is essential to ensure that proper procedures
are being followed.

Evidentiary Clue Materials: Blood • Bloodstains • Semen • Hair • Saliva Stains • Body
Tissues and Organs • Post-mortem samples • Foetal materials • Blood samples in paternity
cases  Liquid Blood  Liquid blood at the scene
The following is a summary of common types of physical evidence encountered in forensic or crime
laboratories:

1. Body fluids — primarily blood, semen, or saliva in liquid or dried form often present on
clothing or other fabrics or objects. These materials are frequently collected on sterile cloth
patches or swabs from a crime scene or person for species identification and possible
individualization through serological techniques or DNA profiling. The interpretation of
bloodstain patterns at the scene of a violent crime and on the clothing of victims and
suspects is an additional area of physical evidence examination which is fully discussed in
Chapter 10. Other body excretions, such as urine, perspiration, and feces, may be identified
in various stains or materials.
2. Body tissues — various organ samples collected at autopsy with blood, urine, and stomach
contents for toxicological analysis.
3. Drugs and controlled substances — plant materials, powders, tablets, capsules, or other
preparations for identification and weight.
4. Fibers — natural occurring (cotton, wool) or synthetic fibers (rayon, dacron) for
identification and comparison.
5. Finger, palm, and foot prints — visible or latent prints lifted or casted from various surfaces
for identification and comparison. Tire and footwear impressions are often included in this
category.
6. Fire and explosive materials — liquids, solid material, or burned debris for the
identification of accelerants and explosive residues.
7. Firearms and projectiles — firearms and ammunition for identifica-
tion, source, and comparison of projectiles and firearm test firings, distance
determinations, and operability of firearms.
8. Glass — Trace or large sections. Glass fragments may be associated with a suspect and
break-in event or may involve the analysis of glass fractures to determine direction of force
applied or sequence of shots fired. Analysis of glass is also utilized for the reconstruction of
vehic- ular crashes.
9. Hair — Collected from a crime scene, victim, or suspect for determi- nation of species
identification (animal or human), race, and the part of body origin. If human, the hair
morphological features may be utilized to include or exclude a suspect. It is also possible to
determine whether the hair was crushed, cut, burned, forcibly removed, or fallen out
naturally.
 10. Oils and grease or cosmetic products — Transferred between objects and individuals and
possess unique compositions for comparison.
11. Paint and paint products — On various surfaces that may have trans- ferred from one
object to another, such as in a vehicular collision. Clothing of pedestrians struck by a vehicle
are routinely examined for this type of paint fragment transfer.
12. Serial numbers — Frequently altered or eradicated on vehicles, fire- arms, or other objects
and through chemical etching may be restored for proper identification.
13. Soils and minerals, wood, and other vegetation — Identified and compared as to possible
source or location that can be associated with a suspect or victim.
14. Tool marks — Impressions or scrapes produced on surfaces that may reveal the type of
object that produced them. The object or tool, such as a prybar or screw driver, may possess
wear features that can provideunique characteristics for comparison with the impression.
Clothing or fabric impressions may be present on vehicular parts and associated with hit-and-
run pedestrian accidents.
15. Questioned documents — form of physical evidence that may consist of handwritten, typed,
copied, or computer-generated materials that are examined for evidence of forgery. The
examinations may consist of ink and paper analysis, as well as handwriting comparison, to
determine authenticity. Restorative procedures may be utilized in the case of obliterated,
physically damaged, or charred documents or materials.

The examination and analysis of physical evidence by the forensic scientist involves the physical or
chemical identification of materials to the highest degree of scientific certainty possible with
current technology. For example, the identification and quantity of a substance present in samples
are the goals of alcohol and illicit drug analysis. This establishes the element of the crime in driving-
while-intoxicated cases or those involving possession or sale of controlled substances. The
examination and analysis of other types of physical evidence, such as blood and hair, may also
establish identification of a material followed by comparisons of known and unknown specimens to
determine whether they share a common origin. Occasionally, the comparison process involves the
physical matching of fragments of objects, such as vehicular components, glass, or clothing, in a
jigsaw puzzle fashion. Often the minute size of materials referred to as trace evidence, such as hairs
and fibers, require microscopic comparison. Some types of physical evidence comparisons, such as
tool mark impressions or projectiles, may only reveal similarities with class characteristics. This
means that the evidence can only be associated with a group of similar material and not a unique
source. If the examination and comparison of the physical evidence reveals unique features, they are
referred to as individual characteristics and there may be a high probability of a common source.
Examples of unique or individual characteristics associated with physical evidence comparisons are
matching friction ridge detail with fingerprints, individual wear patterns associated with tool marks
or footwear patterns, striations on projectiles, and matching DNA profiles in blood, semen, or
tissue. Statistical analysis may be employed, such as with DNA analysis, to show the relative
frequency of a particular profile.
IDENTIFICATION, COMPARISON, CLASS CHARACTERISTICS AND INDIVIDUAL CHARACTERISTICS

Identification has as its purpose the determination of the physical or chemical identity of a substance with as near absolute
certainty as existing analytical techniques will permit. While on the other hand, Comparison analysis subjects a suspect
specimen and a standard/reference specimen to the same tests and examinations for the ultimate purpose of determining
whether or not they have a common origin.

Identification of any substance found (whether in question or not) is considered as the first and foremost step in the
investigation of any crime. Any kind of an evidentiary clue recovered from the crime scene needs to be identified positively
so as to establish its identity and the source to which it belongs. Then is the step of comparison, which includes not only
comparing of class characteristics of evidence but also its individual characteristics.

Class characteristics and individual characteristics are of great significance when identification and comparison of evidence
needs to be carried out. Class characteristics of any evidence are considered as the unique characteristics which are
belonging to a particular class or category with other members of that particular class. While, individual characteristics on
the other hand, are defined as those identification features which positively provide for the identification of the source of the
questioned sample.

When examining the class characteristics of any evidence, the examiner must take into consideration all possible attempts so
as to distinguish/ or match the questioned sample with the known standards.

Class characteristics are basically the properties of any evidence associated with a group and never with a single source.
While, individual characteristics are the properties of any evidence that can be attributed to a common source with an
extremely high degree of certainty.

1. class characteristic evidence- which does not refer to a particular suspect. For example, a cartridge found at the
crime scene belonging to a certain type of firearm.
2. individual characteristic evidence- which associates a particular individual with the crime. For example, the hair
found on the body of victim or the fibres found on a victim’s clothes are consistent with the fibres found on
suspect’s clothes.

CRIME SCENE INVESTIGATION

The investigation begins at the crime scene with the recognition and recovery of physical
evidence.
A crime scene is any location that may be associated with a committed crime. Crime scenes
contain physical evidence that is pertinent to a criminal investigation. This evidence is
collected by crime scene investigators (CSIs) and Law enforcement. The location of a crime
scene can be the place where the crime took place or can be any area that contains evidence
from the crime itself. Scenes are not only limited to a location, but can be any person, place,
or object associated with the criminal behaviours that occurred.
After a crime scene has been discovered, measures must be taken to secure and protect the
scene from contamination. To maintain the integrity of the scene, law enforcement must take
action to block off the surrounding area as well as keep track of who comes in and goes out.
By taking these precautions, officers can ensure that evidence that is collected can be used in
court. Evidence that has become contaminated, tampered with, or mistreated can pollute the
scene and cause a case to be thrown out of court.
Crime scene investigation is an integral part of scientific investigation and is a very crucial
step for collection of evidence for a case. It proceeds with its analysis, evaluation of the
results and presentation of the findings to the court of law. From the first responders to the
end-users of the information, all personnel involved should have an adequate understanding
of the forensic process, the scientific disciplines and the specialized services provided by
forensic laboratories. Crime scene investigation is a process that aims at recording the scene
as it is first encountered and recognizing and collecting all the physical evidences potentially
relevant to the solution of the case.
Everything that occurs during the analysis of a crime scene must be documented. It is the job
of the initial responding officer to make sure that the scene has an extremely coherent and
summarized documentation. The documentation should include the officers observations and
actions while at the scene. The initial responder is in charge of documenting the appearance
and condition of the scene upon arrival. The initial responder will also gather statements and
comments from witnesses, victims, and possible suspects. Several other documents are also
generated so that a crime scene's integrity is kept intact. These documents include a list of
who has been in contact with evidence (chain of custody), as well as a log of what evidence
has been collected.
The plan of investigation consists of the following steps:
i. Re-construction of Scene of Crime (SOC)
ii. Developing understanding about the sequence of events in connection with the
commission of crime or the modus operandi.
iii. Collection of relevant evidence in a systematic manner.
Case Laws:
1. Raghunandan v State. Of U.P., 1974 Cri. L. J. 453 (S.C)
In the above case both the trial court as well as the High Court had brushed aside the
objection
that the blood recovered from the place of occurrence was not sent for chemical examination.
The failure of the police to send the blood for chemical examination is a serious case of
murder, such as the one before us., and is to be depreciated. In such a case the place of
occurrence is often
disputed.
2. Marachalil Chandra Tukaram Talekar v State of Gujrat. 1980 Cri. L.J.5 (Guj)
Identity of the scene:
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 defence 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.

STAGES OF FORENSIC EVIDENCE COLLECTION

1. Preservation and contamination:
A crime scene is often preserved by setting up a blockade to control the movement in and out
of a scene as well as maintaining the scene's integrity. A perimeter is taped off with barricade
tape in order to keep only those necessary on-site. This is done to prevent contaminated
evidence as investigators try to avoid contamination at all costs. While it is difficult to
completely avoid contamination, many steps are taken to ensure the integrity of the crime
scene remains intact. Officers take care to not eat, drink, smoke, or take their breaks near the
crime scene. Anything leftover by the officers on the scene could be mistaken for potential
evidence and tamper with the success of the investigation.
Crime scene preservation starts soon after the incident is discovered and reported to the
police station. Concerns for scene protection end only when scene investigation process is
completed and the scene is released.
i) Demarcation of the area to be protected is a complex activity and the boundaries
of the scene may change as the investigation unfolds. What appears to be obvious
at the outset may change and need to be re-evaluated.
ii) Once demarcated, the area is blocked by using any kind of physical barricade.
Any non-essential people who entered the scene before such order of block was
established, are removed (and this information is recorded) and any non-essential
people are prevented from entering the scene during the entire scene investigation.
iii) From the beginning to the end of the crime scene investigation, strict anti-
contamination measures are important. They include:
a. Wearing protective clothing, gloves and shoe covers
b. Using a single path when entering the scene (this is also valid for medical
personnel providing care to victims).
c. Keeping away from using any facilities available at the scene (e.g. toilet,
water, towel, and telephone), eating, drinking or smoking.
d. Avoiding moving anything/anybody, unless it is of absolute necessity (if
something or somebody is moved, the initial location should be carefully
documented).
e. When selecting protective and anti-contamination measures, respect for the
victim’s privacy and human rights is important. If required, the use of screens,
curtains, tents should be considered.
f. If, during the course of the investigation, a second or a third, related crime
scene is discovered, each scene is treated separately (i.e. separate teams
working on different scenes).

2. Sequence of events
The Initial Responding Officer receives a dispatch call and arrives at the location of the
crime. This officer plays a crucial part in maintaining the integrity of the scene. Initial
responders are in charge of securing the scene by setting up physical barriers to control the
traffic in and around the area. The officer also documents his/her initial observations, as well
as the condition of the scene upon arrival. Once the crime scene investigation unit, arrives on
the scene, being sure not to touch anything, an initial walkthrough is performed. This
walkthrough helps the investigators get an understanding of what kind of crime has occurred.
The unit notes on the presence of potential evidence and devises a plan for processing the
scene. A second walkthrough is performed for the purpose of documentation. The unit will
take pictures and draw sketches of the scene. Sometimes videos are taken to ensure every
detail of the crime is documented. After thorough documentation has been conducted, the CSI
unit carefully collects all items that could be considered the evidence. These items are tagged,
logged, and packaged to ensure nothing is damaged or lost. All evidence from the scene is
sent to the forensic laboratory for analysis. The forensic laboratory processes all pieces of
evidence from the scene. Once the results are in they go to the lead detective on the case.
3. Documentation
Photographs of all evidence are taken before anything is touched, moved, or otherwise further
investigated. Evidence markers are placed next to each piece of evidence allowing for the
organization of the evidence. Sketching the scene is also a form of documentation at a crime
scene. This allows for notes to be taken as well as to gauge distances and other information
that may not be easily detected from only a photograph. The investigators will draw out
locations of evidence and all other objects in the room. The sketch is usually drawn from an
above point of view. Notes are taken by investigators to ensure the memorization of their
thoughts and suspicions about different pieces of evidence.
Documentation aims at producing a permanent, objective record of the scene, the physical
evidence and any changes that take place. Documentation at the scene is also the starting
point for the chain-of-custody.
i) Documentation starts with the arrival of the first person at the scene. Using
appropriate means (e.g. notes, photography, video, sketches and measurements),
the scene as it is first encountered is recorded along with other things:
a. Arrival time
b. Condition of doors, windows, and shades
c. Odours/Smell
d. Signs of activities
e. Weather/light conditions
f. Air conditioning systems (central or localized)
Any person present while entering or leaving the scene and any changes that take
place as a result of activity undertaken or observed are recorded as well.
ii) Once physical evidence is recognized, detailed documentation is made before it is
moved or recovered.
iii) Each recovered item is labelled individually.
The requirement for documentation continues throughout the crime scene investigation
process and beyond until the result of the laboratory examination is available. It constitutes
the chain of custody. When a person working at the scene leaves the investigation, all
information (e.g. photographs, records, notes, etc.) is turned over to the personnel coming in.

4. Recognition of Physical Evidence

 The most relevant and important evidence may not be obvious or directly visible to the
naked eye. Typically, the recognition of physical evidence starts with the observation of
the scene like:
i) Searching for evidences with the naked eye and magnifiers and also using various
hand-held light sources.
ii) Basic testing procedures might have to be carried out to detect physical evidence,
e.g. use of powders and iodine fuming gun to locate and enhance fingerprints at
crime scene or the use of chemicals to visualize traces of blood at the SOC.
There are a number of search patterns that may be followed in case of outdoor crime scenes.
Some of them are as follows:
i) Strip method: The whole area is to be searched, and divided into a convenient
number of strips. Each strip is examined carefully. 6Whenever any item or
physical evidence is found, it is properly collected and preserved. The process is
continued till the entire area has been searched.
ii) Spiral method: Here the search is started from one end of the crime scene,
carried out in spirals till the focal point of the crime scene.
iii) Zone method: The scene is divided into small zones and each zone is examined
in turn.
iv) Grid Method: In the grid search method, the IO begins like a strip search. After
completing the search by horizontal lanes, he searches back at right angles to the
original strip. This search from two different angles helps in the recovery of
evidence which may be missed in simple strip method.
v) Pie or Wheel method: It is a search pattern in which the area is divided into pie
slices or sections of a wheel, usually six in number. Crime scene searchers start
from a critical point, such as body, and travel outwards along straight lines or rays.

5. Evidence collection

Evidence comes in many different forms such as guns, blood on knives, etc. It can be
anything from a biological sample like blood or everyday items like receipts or bank
statements. Other types of evidence include: fibers, firearm residue, photographs or videos,
and fingerprints. Forensic scientists analyze this evidence so they can come up with an
explanation for why and how a crime occurred. Ensuring that evidence is collected in an
accurate and timely manner helps officers to better understand what happened at the scene
and aids in the investigation being completed successfully. Only the appropriate personnel
with the proper knowledge and training should be collecting evidence. These individuals
include First Responders, Crime Scene Investigators, and other specialized personnel.
Different types of evidence will sometimes need different methods of collection or specific
containers. For instance, paper containers, such as bags, envelopes, or boxes, may be optimal
for biological samples. Paper containers allow evidence that is not completely dry to continue
drying. This type of collection protects those samples from deteriorating. When the evidence
is collected properly there is less of a chance that the items collected will be damaged or
contaminated.
The development of forensics has improved the level of crimes being solved. Whenever first
responders respond to crime scenes they are with people of different expertise. These people
have different tools that allow them to collect evidence. There is trace evidence such as hairs,
soil, fingerprints, footprints, shoe prints, gunpowder residue, glass fragments, carpet fibres,
and similar items that are vital to crime scene processing. Depending on the crime scene,
determines what technicians will be needed to respond to the scene Forensics uses a variety
of different tools and techniques.
Fingerprint collection through the use of grey or black magnetic powder. DNA and other
bodily fluids are collected and, whether it is hair or fluid, for further examination in a lab.
Shoe and tire prints can be collected using dental stone.
Electronics are taken for examination by a technical expert to search for further evidence.
Documents from the area are also taken for further examination. Ammunition and weapons
are taken for matching to wounds and ballistics. Photographs of tool marks are taken because
they can be matched to a weapon at a later time. Any other trace evidence is also collected.
Trace evidence is anything left behind by a perpetrator or could have been transferred to the
perpetrator. Interviews of both witnesses and victims of the crime are taken by law
enforcement officials to gain knowledge and creating a timeline of events.
Chromatography is a science that separates mixtures to their original compound and allows
for them to be identified. This is useful when trying to determine whether someone died a
natural death or was poisoned. Depending on the evidence collected determines the procedure
that will be used- thin layer, gas, or paper chromatography which are specific ways to
separate compounds.
Fingerprints (which also include palm prints and footprints) are another type of evidence that
can tie individuals to crime scenes. Collecting fingerprints is a crucial process and should be
one of the first things conducted when investigators arrive at the crime scene. If a print is not
able to be lifted then photographs of the prints are acceptable. Fingernails are also part of
evidence collection because they have striations on them which are individual characteristics.
Fingernails should be collected and placed in a paper packet then placed in a paper envelope
and labelled for processing.
After the collection of evidence, appropriate packaging is required to preserve the evidence
integrity.

6. Chain of custody:
After the evidence has been collected from the scene of the crime, it is placed in its
appropriate container and then is labelled or tagged. The tag identifies the specific scene the
evidence came from and establishes the “chain of custody”. The chain of custody refers to the
order in which evidence is handled by individuals who are involved in the case’s
investigation. The chain of custody is pertinent to the investigation and guarantees the
physical security of all evidence that is part of the case.
Chain of Custody is the entire history of a piece of evidence. It is defined as the detailed,
chronological record of how the evidence was retrieved, taken into custody, filed, transferred,
assessed, and disposed of. The chain of custody must account for each and everything,
beginning with the barricading of the crime scene, collection of these evidences, their storage,
transportation to the laboratory and also the condition in which these evidences have been
recovered.
Establishing the chain of custody is very important for the admissibility of any evidence in
court of law. The parties bringing forth the evidence must be able to demonstrate its Chain of
Custody in order to verify its validity. Basically, this procedure helps to ensure that evidence
has not been distorted, planted, or misrepresented. A party's ability to present evidence in a
case rest heavily on their ability to prove their collection process was sound. If a misstep
occurred and was not properly documented, it can invalidate evidence, which can ultimately
change the entire outcome of a case.
Due the fact that this evidence is used in court to convict persons of crimes, it must be
handled in a scrupulously careful manner so as to avoid later allegations of tampering or
misconduct. It is important to not only document what is being obtained, but who is doing the
collection, when it was collected, and other details that validate the evidence. The chain of
custody documentation provides information regarding the collection, transportation, storage,
and general handling of the evidence.
A typical chain of custody document may include:
 Date and time of collection
 Location of collection
 Name of investigator(s)
 Name or owner of the media or computer (in case of an electronic evidence)
 Reason for collection
 Matter name or case number
 Type of evidence
 Serial number of evidence if available
 Make and model of evidence (in case of media)
 Other details, if any, regarding the evidence
 Method of capture (tools used)
 Physical description of evidence and what was its condition
 In case, collecting electronic media, the name of the image file or resulting
files that were collected
 Any comments or issues encountered
 Signature(s) of persons giving and taking possession of evidence
In case of digital evidence, the hash value of each digital evidence must be computed and
recorded individually on every transfer in order to maintain the authenticity and integrity of
digital evidence records. Individuals assuming custody of such digital evidence must sign a
chain-of-custody document mentioning the respective hash values.
Documenting as many details as possible throughout the entire process leaves less room for
scrutiny about the collection process. A clear, well-documented chain of custody should be
established through the following:
a. Notes, including information recorded in aforementioned clause (i) and any
unusual markings on or alterations to the item.
b. Markings and packaging of the evidence.
c. Seals of the evidence.
All the processes during transfer of evidence should be recorded faithfully in the case diary to
establish the chain of custody. When evidence is submitted to the Police Station ‘Malkhana’
or to a forensic laboratory, a receipt documenting the transfer is obtained. The evidence
should be sent to the Forensic Science Laboratory with duly filled prescribed forwarding
form under proper acknowledgement.

ADMISSIBILITY OF FORENSIC EVIDENCE IN COURT [EVIDENCE IN THE

COURT]
Section 45 of the Indian Evidence Act is crucial for determining the admissibility of forensic expert opinions. While the opinions of
experts are treated as relevant facts, they are not necessarily conclusive evidence. Courts can summon government experts under Sections
293 and 293(2) of the CrPC to assist with investigations. Forensic reports must meet the reliability and accuracy standards to be admitted,
as improper collection or contamination of evidence can lead to the dismissal of such evidence in court.

In the case of Pantangi Balarama Venkata Ganesh vs. State of Andhra Pradesh, the court admitted DNA evidence, affirming that DNA
fingerprinting is highly reliable, though contamination or procedural errors can impact its credibility.

Judicial Interpretations and Challenges

Forensic evidence has been tested in courts, and its admissibility often hinges on proper collection and chain of custody protocols. The
judiciary has shown caution in applying forensic tests such as DNA testing, particularly when it could infringe on constitutional rights. In
Shreemad Jagadguru Shankaracharya v. State of Karnataka, the Supreme Court upheld the constitutionality of Section 53A of CrPC,
noting that DNA tests were essential for justice in certain cases.

However, courts have also been reluctant to allow DNA tests when they are misused. In a Supreme Court case concerning paternity, the
court rejected a father's request for a DNA test to avoid paying maintenance, ruling that the application was not grounded in legitimate
evidence.

Section 45 to Section 51 of the Indian Evidence Act, 1872 deals with relevancy of expert’s
opinion in a case. As per the Act, evidence may be given of only those facts which are
personally known to a witness. However, these provisions are exceptional in nature to the
general rule. It is based on the principle that the court cannot form an opinion or come to a
conclusion on a matter which is technically complicated and sophisticated, without the help
and assistance from a person who possess special skill and knowledge on that matter. Such
persons who have special knowledge and skill in the said area is called an ‘Expert’. Medical,
chemical, explosive, ballistic, fingerprint analysts are some of the examples of forensic
experts. However, following conditions are there for admitting an expert’s opinion by the
courts –
i. that the concerned dispute cannot be resolved without expert’s opinion, and
ii. the person expressing opinion is fit to be called an expert.
The legal system worldwide faces many challenges when it comes to admissibility of expert
evidence. The judges do not usually have special scientific knowledge and accordingly they
are not expected to form independent opinion on matters of science, including the social
sciences, involving complex quantitative and qualitative analyses. For that reason, the courts
make use of experts who, due to their knowledge or training, can provide explanations which
may be relied upon in decision-making.
The expert witness’s evidence should fulfil the following requirements:
 the witness must be classified as an expert;
 the expert statements or reports must meet the minimum standards of reliability;
 the expert statements are relevant and of probative value;
 the content of the expert statements falls within the accepted expertise of the expert
witness.
However, scientific evidence has to some extent proved to be problematic for judges and
lawyers as both these authorities have little or no training in science and technology. Courts
while entertaining scientific evidence face the difficulty in choosing the veracity of scientific
explanation which is tendered by the expert witness. In order to solve this difficulty and to
reduce the delay and expenses involved in getting expert opinion, examination of certain
experts have been dispensed under the law. As per Section 293(2) of Criminal Procedure
Code, 1973 –
The Court may, if it thinks fit, summon and examine any expert as to the subject-matter of his
report, namely-
a. Any Chemical Examiner / Asst. Chemical examiner to the Government,
b. The Chief Controller of explosives,
c. The Director of Fingerprint Bureau,
d. The Director of Haffkein Institute, Bombay,
e. The Director, Dy. Director or Asst. Director of Central and State Forensic Science
Laboratory,
f. The Serologist to the Government,
g. Any other Govt. Scientific Experts specified by notification of the Central Govt.
The abovementioned reports which are executed by any of the abovementioned government
scientific experts is admissible as evidence in any inquiry, trial or proceeding. However, he
may be exempted by the court from personal appearance as an expert witness unless the court
deems fit and proper to call him for testifying the material facts. He may instead depute any
other officer in his place to attend the court but that officer must be well-versed with the facts
of the case and must be capable of deposing as an expert in the court.9
The advent and advancement of science and technology introduced a marked change in the
criminal justice system all over the world. These scientific advancements affected the
evidence which were presented in the courts which included expert evidence. Expert
evidences were based on science. However, the judges faced problem in understanding
whether to admit the expert evidence or not as if they excluded its admissibility, it would
affect the decision of the case. In United State of America, till 1923, there were no proper
standard of admissibility of expert evidence to guide the courts. But in 1923, in case of Frye
v United States, a standard for evaluating testimony of the experts was laid down by the
Court. Frye’s judgement was considered as the first most important decision passed by an
American court over the issue of admissibility and acceptance of scientific evidence in the
courts.
The prosecutors seem to evaluate forensic evidence differently. One group finds forensic
evidence always trustworthy and the second group views forensic science as corroboration
for other evidence. However, their views are debatable.
The purpose of expert evidence is to aid the investigation and prosecution of an accused.
With the help of such medico-legal evidence, in case of rape, it would be possible to
determine whether a sexual activity occurred or not. The sexual assault or rape occurred or
not can be understood with the help of medical examination only. When the accused is
examined or when more than one suspect is examined, it becomes easy to identify the
assailant. Though the law may not take into consideration how much resistance was there on
the part of the victim. However, to understand whether the consent of the victim was given or
not, the use of force by the accused or resistance by the victim can be established in the
medico-legal evidence. More particularly, in the case of drug-related violence, medical
evidence can be used to indicate an inability to consent due to the influence of alcohol and
drugs.
An Expert will have to frequently give evidence to prove the innocence or guilt of the
accused or to authenticate or disprove a criminal charge of assault, rape, or murder brought
against an individual. Expert evidence consists of the doctor’s report of the examination,
reports of the ballistics, firearms, or fingerprint experts or reports of the chemical examiner
and serologist, and the doctor’s oral evidence or other expert’s oral evidence.
Chemical Examiner’s Report
Section 293 of the CRPC provides that a report to the government, signed by any chemical
examiner or assistant chemical examiner, upon any matter or thing duly submitted to him for
examination or analysis, may be admitted in evidence without requiring the officer concerned
to be examined in court to prove the report. 4 The court may, if it thinks fit, summon and
examine any such expert about the subject matter of his report.5
The serologist must also mention in his report about the blood group found on the article sent
to him for examination. Where reports of the serologist indicated that the shirt and dhoti of
the accused were stained with human blood, but did not mention the blood group, the
4
Rajesh Kumar and Anr. v. State Government of NCT of Delhi, (2008) 4 SSC 493.
5
S 293 of the Code of Criminal Procedure.
supreme court held that in the absence of the blood group in the serologist's report, it could
positively be connected with the deceased. The report and the evidence of the investigating
officer did not also show the dimensions of the blood stains. Few small blood stains on the
clothes of a person may even be his own blood especially if it is a villager's clothes. The
evidence about the blood group is only conclusive to connect the blood stains with the
deceased. The court refused to place reliance upon these circumstances.6
Where blood was found on the Chaddi of the accused, recovered 10 days after the
occurrence, but the blood group of the stains on the Chaddi was not proved, it was held that
no reliance could be placed on it.7
In ordinary circumstances, there would have been nothing wrong in taking reports of these
persons on record as permitted by the Criminal Procedure Code. When, however, there is a
difference of opinion in the reports, the duty to explain the difference is on the prosecution
and the mere production of the report does not, under the circumstances, prove anything
which can weigh against the accused.8

CLASSIFICATION OF FORENSIC EVIDENCE

The forensic evidences are classified into various kinds, based on the variety of evidence
such as fingerprints, hair, blood, semen, fibre, firearms, drugs, etc. collected at the crime
scene. They are classified into:
1. Biological Evidence: Blood (wet blood or swabs of bloodstains) and saliva are the
most common types of biological evidence. Others include seminal stains, urine,
perspiration etc.
2. Weapons Evidence: It consists of firearms such as handguns, revolvers, rifles, assault
weapons, etc.; ammunitions including used casings, fired projectiles, fragments of
bullet, and unfired bullets; gunshot residue and blades including knives.
3. Fingerprint Evidence: It consists of fingerprints of both hands of the accused or the
victim and includes latent and patent fingerprints as evidence.
4. Drug Evidence: It includes drugs like marijuana, cocaine, methamphetamine and
others along with drug paraphernalia ie. pipes, spoons etc as accessories, found at the
scene of offence.
5. Impressions: It means an impression made by a material on a substance and includes
shoeprint impressions, tyre tracks, tool marks etc.
6. Trace Evidence: Evidence which is very small in quantity is called as trace evidence which
covers evidence such as fibres, hair, asbestos, cigarettes, tobacco, glass etc.
7. Natural Materials: It includes clothes, bed, bathing material, carpet cuttings, metal objects,
plastic, paper etc.
8. Generic Objects: It includes door, wood, bicycle and concrete.

6
Kasna Behera v. State of Orissa, AIR 1987 SC 1507.
7
Rameshwar v. State of Rajasthan, 1980 Raj Cr C 127 (DB).
8
Tulsiram Kanu v. State, 1954 Cr LJ 225.
 9. Electronic/Printed Data: Electronic and printed data include documents and electronics
(computers, cell phones, etc.).
10. Other Items: Evidence which do not fall in any of the abovementioned categories is referred
as other items.

Key Forensic Techniques:

1. DNA Profiling:
 DNA profiling involves extracting and analyzing DNA samples from evidence
like blood, hair, or skin. This unique biological signature helps in identifying
individuals with a high degree of accuracy.
 It is particularly useful in cases of sexual assault, where DNA evidence can
directly link an offender to the crime.
2. Fingerprint Analysis:
 Fingerprints have been used for centuries as a method of identification. Modern
forensic labs can analyze partial fingerprints found at crime scenes and compare
them with suspect databases.
 Fingerprints left at crime scenes—whether on a weapon or a door handle—are
crucial in linking suspects to specific locations.
3. Forensic Pathology: Forensic pathologists conduct autopsies to determine the cause
of death. This field is essential in murder investigations, where it is necessary to
establish how and when a victim died.
4. Ballistics: Ballistic analysis involves examining firearms, bullets, and bullet impacts
to establish details about the weapon used, the trajectory of a bullet, and the
positioning of the shooter.
5. Toxicology: In toxicology, forensic scientists test for drugs, alcohol, or poison in a
victim’s system, which can be crucial in determining whether substances contributed
to or caused death.
6. Forensic Odontology: Forensic dentists analyze bite marks found on victims or
objects at a crime scene to identify suspects. This technique was famously used in the
conviction of serial killer Ted Bundy.

1. Bloodstain: It can tell us about the amount of force used and what kind of weapons were
used. It helps in knowing how exactly the incident might have happened.
2. Lip Prints: Lip prints, also known as cheiloscopy, are a relatively new but increasingly
important form of forensic evidence. It can be used in a variety of criminal cases, including
cases involving sexual assault, robbery, and homicide. For example, lip prints found on a
glass or a cigarette butt at a crime scene can be compared to known lip prints from suspects
or witnesses to determine if they were present at the scene of the crime.
3. DNA Analysis: DNA analysis is a technique used to identify individuals by analyzing their
DNA. It is one of the most powerful forensic tools available and is often used to link suspects
to a crime. In India, DNA analysis is commonly used in cases involving rape and murder. 4.
Fingerprint Analysis: Fingerprint analysis is the process of examining fingerprints left at a
crime scene to determine the identity of the individual who left them. It is a highly
specialized field, and forensic scientists in India use a variety of techniques to analyse
fingerprints, including the use of powders, chemicals, and lasers. The Supreme Court of India
highlights the importance of forensic evidence in the Indian criminal justice system. In the
case of State of U.P. v. Naresh and Others (2011), the Apex Court upheld the admissibility of
DNA evidence in criminal cases, stating that it was a scientifically reliable means of
establishing guilt or innocence.
In another case, State of Maharashtra v. Praful B. Desai (2003), the Supreme Court
highlighted the importance of fingerprint evidence in criminal cases, stating that it was a
valuable tool for identifying suspects and linking them to specific criminal activities. The
court also emphasized the need for proper fingerprint analysis techniques to ensure that the
evidence was reliable. Overall, the use of forensic evidence in criminal cases is a vital tool for
ensuring that justice is served and innocent people are not wrongly convicted. These
techniques help investigators build a case against suspects and provide evidence that can be
presented in court.

I. Fingerprints: The identification of criminals through fingerprints was the first

important breakthrough in the scientific investigation of crime. As usual, the
Judiciary and the world took some time to believe in the utility of fingerprints as a
scientific aid. The same is now recognized throughout the world.
The fingerprints as evidence are important because of the following features of the
fingerprint: they are unique, they are permanent; they are universal; they are
inimitable; they are classifiable; and they are frequently available in crime situations,
as evidence.9
II. Handwriting: Handwriting is an individual characteristic. This means that
handwriting is unique for each person. Each person has their own style. Handwriting
analysts say that people could have a few writing characteristics that are the same but
the likelihood of having any more than that is impossible. Identification of
handwriting is the most important branch of questioned documents.
9
Nature: Palmar surfaces of the hands and of the soles of the feet have friction ridges. The ridges are the raised
portions of skin between furrows on either side. They are also known as papillary or epidermal ridges. The
ridges flows in various directions giving rise to innumerable patterns. The richest have small pores, which exude
perspiration. It is spread all over the surface. The evaporation of the perspiration concentrates its non-volatile
constituents, notably, the common salt, fats and the albumins. Whenever the epidermis comes in contact with a
surface, they are left thereon in small quantities. The deposits take the pattern of the ridges. The mark is latent
letter due to a visible print. The rough and the fibrous surfaces do not give decipherable patterns. The prints are
visible when the surface of the hand is smeared with colored powder or liquids. The mark may be distinct
impression if the receiving surface is pliable such as butter, dust, putty, wet paint, mud, wet clay, kneaded flour,
any semi-solid substance or warm wax.
 The following types of identification are required:
- Signature: Are the signatures genuine or forged? Are the signatures in the hands
of the victim? Are the signatures in the hands of the suspect? Are the signatures
traced? Are the signatures disguised? Are the signatures transplanted?
- Holograph: The document written and signed by one person is called a
holograph. The questions asked are: Is the document a holograph; Is it written by
the suspect or by the victim?
- Anonymous letters: The questions asked about the anonymous or pseudonymous
letters are: Where has the letter emanated from? What is the occupation of the
writer? What is the educational caliber of the writer?
- Alterations: Were the changes made at the time of writing the document or were
they made later? Are the changes in the hands of the original writer? Are the
changes in the hands of the suspect or in the hands of the victim?
- Figures and marks: Figures, hand printing, block lettering, and marks may be
the questioned writing in some cases.
- Typescript: Problems of typewritten questioned documents are equally varied: Is
the given document typed on a particular typewriter? What is the make and
model of the typewriter? Was the document typed on one or more than one
typewriter? Are there any additions, alterations or substitutions to the original
text?
- Writing Materials: In the writing of a document, paper, ink, pen, pencil, blotting
paper, carbon paper, and erasers are used. Sometimes the materials prove useful.
- Mechanical Match: The comparison of seals, stamps, punches, torn paper
pieces, carbon copies, printing blocks, perforations, stubs, watermarks, punched
numbers, embossed marks, and trademarks is sometimes required. It involves
techniques and principles which are used in the examination of tool marks and
matching of broken and severed parts of various articles.
- Burnt Documents: Burnt documents require restoration of the writing. If
currency notes are involved, it may be necessary to estimate the amount. If
Currency notes are of one denomination only, it is easier to do it.
III. Firearms: The use of firearms in criminal offenses is of frequent occurrence. In fact,
the figure prominently in most of the heaviest crimes like murders, dacoities,
robberies, assassinations, and mob violence, and also in police encounters and
firings. The firearm evidence, therefore, is important in criminal investigations and
trials. It is, however, necessary that the link between the evidence and the culprit is
properly established. The firearm recovered from the culprit, which fired the fatal
bullet or the cartridge case recovered from the scene, should be proved to be in the
possession of the accused at the time when the crime was committed.
The firearm evidence helps to:
 Decide whether the given incident is a case of murder, accident, killing in self-
defense, or suicide.
 Determine the sequence of events.
 Verify versions.
  Established the number of directions, directions, ranges, and the number of
firearms.
 Distinguish between real and fake incidents.
 Assertion whether the injury is fatal or nonfatal.
According to the Indian arms act, of firearm means an arm of any description,
designed or adapted to discharge a projectile or projectiles of any kind by the action
of any explosive or other forms of energy and includes:
i. Artillery, hand grenades, riot pistols or weapons of any kind designed or
adapted for the discharge of any noxious liquid, gas or other such things.
ii. Accessories for any such firearms designed or adapted to diminish the noise
or flash caused by the firing thereof.
iii. Part of the machinery for manufacturing fire are cut platforms and
appliances for mounting transporting and servicing artillery.
Those firearms which can be easily handled, carried, and operated by a single
person are called ‘small arms’. They include handguns, (pistols and revolvers)
which are fired from the shoulder arms which are fired from the shoulders
(shotguns, rifles, and muskets), and other firearms like machine and submachine
guns. The latter are automatic and fire a large number of rounds in a short time.10

Forensic Aspects of Arson and Explosion

Arson and explosion investigation is the process of analyzing the charring and chemical
residue (if any is left) on the debris found at the crime scene to perform the following tasks:
 Determine whether the event was accidental or intentional.
 Identify relevant chemicals found at crime scene.
 Reconstruct how the arson or explosion was started.
Fire accelerants and explosive powders often evaporate within hours or days of the event.
Investigators perform the following tasks at the crime scene:
 Locate the origin of the fire or explosion.
 In the case of fire, look for devices and containers used to ignite and/or spread the
fire.
 In the case of an explosion, look for a detonating mechanism and use dogs or a vapor
detector to find residue.
 Look for accidental causes as well as evidence of foul play.
 Make notes, draw sketches, and take photos of the evidence.
 Pack evidence in airtight containers to prevent evaporation of residues.
10
The firearms that are commonly met with, in crime situations, in India are: 1. Shotguns 2. Pistols 3.
Revolvers5. Rifles 6. Sub-machineguns 7. Machine guns 8. Muzzle Loaders 9. Improvised firearms. There are
ample variations of the firearms in each category. The most commonly used weapon are 12 bore shotguns and
improvised firearms.
DNA Testing – check Rahul’s Class notes
DNA stands for DNA stands for deoxyribonucleic acid, sometimes called "the molecule of
life," as almost all organisms have their genetic material codified as DNA.

- It is the hereditary material found in all living organisms.

- It contains the genetic instructions for the development and functioning of an
organism.
- These instructions are passed from one generation to the next generation.

DNA profiling is a forensic technique in criminal investigations, that compares criminal

suspects' profiles to DNA evidence so as to assess the likelihood of their involvement in the
crime. It is also used in parentage testing, to establish immigration eligibility, and in
genealogical and medical research.
Steps in the processing of DNA: The DNA testing process is comprised of four main steps,
including extraction, quantitation, amplification, and capillary electrophoresis.
How long does forensic DNA testing take: 24-72 hours - Most genetic tests take 24-72 hours
but the time taken for DNA to go from crime scene to identification can span as long as 14
days. By the time that the results are back, the suspects often have been released

NARCO-ANALYSIS - check Rahul’s Class notes

Narco-analysis has become one of the most popular techniques of crime detection. It is a kind
of psychotherapy which is conducted on a person by inducing by bringing that individual into
semi-sleep with the help of scientific drugs. In this test, the subject's self-consciousness is
allowed to sink down by making an intrusion to his nervous system. In such a state an attempt
is made to extract information in the form of clues about the crime as under the influence of
drugs it becomes extremely difficult for the subject to lie. Narco-analysis is a form of
psychotherapy and an effective aid to scientific interrogation. It is a process whereby a
subject is put to sleep, or into a state of half-consciousness by means of a dosage of scientific
drugs and then interrogated while in a reverie.
Procedure for the Narco Analysis Test
Drugs used for the tests are commonly known as Truth Serum. Generally, the drug called
“Barbiturates” or “Sodium Pentothal” is used for conducting narco-analysis tests. It is also
known by the name of “Penthol Sodium” or ‟Thiopental” or “Thiopentone”. Important things
involved in the tests are (i) Video recording (ii) Tape recorder (iii) Disposable syringe (iv)
Distilled water (v) Prescribed truth drug. Every test is video graphed.
Dosage of Truth Serum
The dose depends upon the suspect’s sex, age, health, and physical and mental condition. In
normal conditions, 3gm of Truth drugs of barbiturate class like sodium pentothal, sodium
Amytal, etc. is required for the test. 3gm of the drug is dissolved in 3000ml of distilled water.
When the mixture (solution) becomes ready it is administered intravenously along with 10%
of dextrose at intervals of 3 hours to the suspect accused.
Presence of Authorities
At the time of performing test, presence of following person is necessary: (i) Physician (ii)
Neurologist (iii) Cardiologist (iv) Anesthetist (v) Lawyer
In the criminal justice system, it is used for investigation purposes. Narco analysis test should
be used only in the cases where a large interest of society is involved. Narco analysis is
usually used in cases of terrorism, crimes that are well organized, serial killings, cases where
no evidence is available, etc.
There are two categories of suspects who undergo the Narco analysis test:
1. Where the suspect willingly volunteers and co-operates with the interrogator.
2. Where the suspect is forced to take the test under court orders.
The advantage of Narco analysis is that this technique is helpful in saving the innocents from
prosecution and eliminating the use of third-degree method. In addition, it has been used as a
time-saving device in criminal cases with the help of Narco analysis by a trained and skilled
psychiatrist.

Media impact
Real-life crime scene investigators and forensic scientists warn that popular television shows
do not give a realistic picture of the work, often wildly distorting its nature, and exaggerating
the ease, speed, effectiveness, drama, glamour, influence and comfort level of their jobs—
which they describe as far more mundane, tedious and boring.
Some claim these modern TV shows have changed individuals' expectations of forensic
science, sometimes unrealistically—an influence termed the "CSI effect".
Further, research has suggested that public misperceptions about criminal forensics can
create, in the mind of a juror, unrealistic expectations of forensic evidence—which they
expect to see before convicting—implicitly biasing the juror towards the defendant. Citing
the "CSI Effect," at least one researcher has suggested screening jurors for their level of
influence from such TV programs
Controversies:
Questions about certain areas of forensic science, such as fingerprint evidence and the
assumptions behind these disciplines have been brought to light in some publications
including the New York Post. The article stated that "No one has proved even the basic
assumption: That everyone's fingerprint is unique." The article also stated that "Now such
assumptions are being questioned—and with it may come a radical change in how forensic
science is used by police departments and prosecutors." Law professor Jessica Gabel said on
NOVA that forensic science "lacks the rigors, the standards, the quality controls and
procedures that we find, usually, in science."
In America, on 25 June 2009, the Supreme Court issued a 5-to-4 decision in Melendez-Diaz
v. Massachusetts stating that crime laboratory reports may not be used against criminal
defendants at trial unless the analysts responsible for creating them give testimony and
subject themselves to cross-examination. The Supreme Court cited the National Academies
report Strengthening Forensic Science in the United States in their decision. Writing for the
majority, Justice Antonin Scalia referred to the National Research Council report in his
assertion that "Forensic evidence is not uniquely immune from the risk of manipulation."
In 2009, scientists indicated that it is possible to fabricate DNA evidence, therefore
suggesting it is possible to falsely accuse or acquit a person or persons using forged evidence.
In America, another area of forensic science that has come under question in recent years is
the lack of laws requiring the accreditation of forensic labs. Some states require accreditation,
but some states do not. Because of this, many labs have been caught performing very poor
work resulting in false convictions or acquittals. For example, it was discovered after an audit
of the Houston Police Department in 2002 that the lab had fabricated evidence which led
George Rodriguez being convicted of raping a fourteen-year-old girl. The former director of
the lab, when asked, said that the total number of cases that could have been contaminated by
improper work could be in the range of 5,000 to 10,000. This could have been avoided if the
lab had been accredited by organizations such as ASCLD/Lab, which require crime labs to
undergo rigorous assessments to show that they are able to perform multiple tests accurately.
Once they become accredited, they are periodically re-evaluated to ensure that the lab is still
functioning at its best. Periodic evaluations of a lab's performance by an independent
organization will help to prevent scandals from occurring in forensic science laboratories.
Although forensic science has greatly enhanced the investigator's ability to solve crimes, it
has limitations and must be scrutinized in and out of the courtroom to avoid the occurrence of
wrongful convictions.
Many studies have discovered a difference in rape-related injuries reporting based on race,
with white victims reporting a higher frequency of injuries than black victims. However,
since current forensic examination techniques may not be sensitive to all injuries across a
range of skin colors, more research needs to be conducted to understand if this trend is due to
skin confounding healthcare providers when examining injuries or if darker skin extends a
protective element. In clinical practice, for patients with darker skin, one study recommends
that attention must be paid to the thighs, labia majora, posterior fourchette and fossa
navicularis, so that no rape-related injuries are missed upon close examination.

Forensic science and humanitarian work

The International Committee of the Red Cross (ICRC) uses forensic science for humanitarian
purposes to clarify the fate of missing persons after armed conflict, disasters or migration,
and is one of the services related to Restoring Family Links and Missing Persons. Knowing
what has happened to a missing relative can often make it easier to proceed with the grieving
process and move on with life for families of missing persons.
Forensic science is used by various other organizations to clarify the fate and whereabouts of
persons who have gone missing. Examples include the NGO Argentine Forensic
Anthropology Team, working to clarify the fate of people who disappeared during the period
of the 1976–1983 military dictatorship. The International Commission on Missing Persons
(ICMP) uses forensic science to find missing persons, for example after the conflicts in the
Balkans.
Recognising the role of forensic science for humanitarian purposes, as well as the importance
of forensic investigations in fulfilling the state's responsibilities to investigate human rights
violations, a group of experts in the late-1980s devised a UN Manual on the Prevention and
Investigation of Extra-Legal, Arbitrary and Summary Executions, which became known as
the Minnesota Protocol. This document was revised and re-published by the Office of the
High Commissioner for Human Rights in 2016.

TYPES OF SAMPLES AND ROLE OF A STANDARD SAMPLE IN FORENSIC

ANALYSIS
Standard samples are small portions of the original material that were presumably not
contaminated or changed during the commission of the crime. An example may be a sample
of carpeting taken away from the point of origin of a fire, but similar to carpeting at which
accelerants might be found.
Standard samples allow the laboratory to establish the known properties of a material so that
they are not mistaken for properties having forensic significance. These samples are also
known as a ‘control sample’ or ‘blank’.
These standard samples are also known as ‘Physical evidence’ whose origin is known in all
cases. It can be of various types such as blood or hair which has been obtained from a
suspect, and thus it can be compared to crime scene evidence.
Any standard sample holds great significance in forensic analysis due to various factors. Most
importantly, any property portrayed by a standard shall be matching with the evidence that
has been obtained from the scene of crime. Secondly, any evidence found having similar
properties as that of the standard sample can be easily related to its source. Once the source
has been discovered, it becomes an easy task for the investigator to catch the culprit.
Moreover, there are three basic types of samples whose sources have been known.
1. Standard/reference sample – It is a material of a verifiable/documented source which,
when compared with evidence of an unknown source, shows an association or linkage
between an offender, crime scene, and/or victim (e.g., a carpet cutting taken from a
location suspected as the point of transfer for comparison with the fibers recovered from
the suspect's shoes, or a sample of paint removed from a suspect vehicle to be compared
with paint found on a victim's vehicle following an accident, or a sample of the suspect's
and/or victim's blood submitted for comparison with a bloodstained shirt recovered as
evidence).
2. Control/blank sample – It is a material of a known source that presumably was
uncontaminated during the commission of the crime (e.g., a sample to be used in
laboratory testing to ensure that the surface on which the sample is deposited does not
interfere with testing. For example, when a bloodstain is collected from a carpet, a
segment of unstained carpet must be collected for use as a blank or elimination sample).
3. Elimination sample – This is one of the samples of known source taken from a person
who had lawful access to the scene (e.g., fingerprints from occupants, tire tread
impressions from police vehicles, footwear impressions from emergency medical
personnel) to be used for comparison with evidence of the same type.

DIFFERENT TYPES OF TOOLS & TECHNIQUES USED IN A FORENSIC

SCIENCE LABORATORY
The various tools & techniques used in the forensic analysis purpose must be oriented to meet
its exact needs. These can be classified as the following:
1. Sensitivity- Various techniques used must be highly sensitive because the evidence
which is being used/ analyzed is present in extremely small quantities- often microscopic
quantity. The sample of the body matter (viscera) provided for the analysis purpose is
containing the poison in milligram, microgram or even nanogram ranges. It is necessary
to identify and estimate it correctly and accurately. Some kind of drugs- LSD, etc.,
samples of soil, inks, dust, and even body fluids are received in submicro quantities
which need to be analyzed with highly sensitive instruments so as to have proper and
correct identification, estimation and quantification.
2. Specificity- Any evidence found needs to be identified correctly and positively, else
its evidentiary value becomes limited. Therefore, a need to use highly specific techniques
 is quiet important and significant so as to obtain proper results. For instance, in poisoning
cases, it is not only important to identify the category/class to which the poison belongs,
but also it is highly required to know that which the poison is actually, so that its source
can be traced and it can be linked to the criminal.
3. Rapidity- The number of cases requiring evaluation of evidences has been increasing
over the time. Thus, the techniques and instrumentation which is being used needs to be
very fast and rapid. The classical methods which were used for the examination of viscera
are subjected to lengthy processes of extracting, purification, identification and
estimation. These results were checked again and again (cross-checking was performed).
While, the modern techniques help to extract the poison conveniently from the body
parts(s) [blood, urine, viscera] and identify it through chromatography (Paper, TLC, or
Column chromatography). Further, quantification can be done by ultraviolet-visible
spectroscopy, followed by identification using IR, FTIR, or mass spectroscopy. These
methods requires few minutes to few hours, while, the classical ones take few days to few
weeks even.
Techniques used
1. Measurements
2. Microscopy
3. Photography
4. Invisible light source
5. Chromatography
6. Electrophoresis
7. Spectroscopy/ Spectrophotometry
8. Neutron Activation Analysis
9. X-Ray diffraction Analysis
10. Electron Microscopes- Scanning and Transmission (SEM and TEM)

1. Measurements- Determination of dimensions (length, breadth, etc.), angles, melting

point, boiling point, density, refractive index, etc.
2. Microscopy- It includes the use of magnifying lenses (simple microscope), compound
microscope, stereomicroscope, comparison microscope, fluorescence microscope, phase
contrast microscope, etc.
3. Photography- Photographs of scene of occurrence, various evidences present on the
scene of crime and people present (suspects or victims or criminals, if present).
Photography with UV light, IR light, X-rays, etc. Digital photography has its own
importance.
4. Invisible light source- The use of UV rays is in criminal investigation is on of the
most commonly preferred techniques in terms of an invisible light source. The use of X-
rays and IR rays is also seen nowadays, and its impact is increasing over the period of
time. UV rays- exhibit the phenomenon of fluorescence, IR- have high penetration power,
 and X-rays- have greater penetration power and give fluorescence under suitable
conditions.
5. Chromatography- Various types of Chromatographic techniques are used which are-
column chromatography, thin layer chromatography, gas chromatography, high
performance liquid chromatography, GC-MS or LC-MS, etc. These are used to separate,
identify and estimate evidences present even in microgram and nanogram quantity.
Moreover, the impurities also do not substantially interfere during the analysis process.
6. Electrophoresis- This technique is used for colloidal materials like proteins, inks,
paints, etc. having residual charges on the molecules. This technique is used in the study
of blood and also for other proteinous matter. This technique has proved to be a boom in
DNA profiling which is used for the identification of human beings and other evidences
as well.
7. Spectroscopy/ Spectrophotometry- It is one of the most sensitive, specific and rapid
technique used for the purpose of analysis in the field of forensic science. It is used for
both qualitative and quantitative analyses. Here, a beam of electromagnetic rays (UV,
Visible, or IR rays) of selected wavelength is passed through a material. Some amount of
light gets absorbed while the rest passes through the matter. This transmitted/ or absorbed
light is recorded in the form of a graph. The comparison of this graph with the known
data helps in determining the type of substance present in the sample. Furthermore, this
technique also helps in determining the quantity of that particular substance present in the
sample.
8. Neutron Activation Analysis- It is one of the most sensitive and specific techniques
known so far, which is being utilized for the examination of various projectile materials,
hair samples, plants, soils, dust, and other evidences. Here, the substance is placed in
atomic reactor where it is subjected to high flux neutron bombardment.
9. X-Ray diffraction Analysis- It is a technique used for the identification of materials. A
beam of X-rays is passed through the material, the X-rays get diffracted and this
diffracted pattern is photographed and compared with the known samples so as to
establish the identity of the unknown substance.
10. Electron Microscopes – Electron Microscopes utilize an electron beam for the
observation of surfaces of a particular material. These have a very high resolution; the
images so obtained are highly magnified and have three-dimensional effect. When these
electron microscopes are coupled with a computer system, these become very useful for
the evaluation of gunshot residues, surface structures, etc.

COLLECTION, PACKAGING AND ANALYSIS OF BLOOD AS EVIDENCE

BLOOD- OBTAINED IN THE FORM LIQUID POOLS
Blood that is in liquid pools should be picked up on a gauze pad or other clean sterile cotton
cloth and allowed to air dry thoroughly, at room temperature. It should be refrigerated or
frozen as soon as possible and brought to the Laboratory as quickly as possible. Delays
beyond 48 hours may make the samples useless.
• If close to the Laboratory, deliver stained object immediately.
• If unable to deliver to the Laboratory, or if the object must be mailed, allow
the stain to air dry completely before packaging.
• Do not heat stained material or place it in bright sunlight to dry. Hang clothing
and similar articles in a room where there is adequate ventilation.
• If not completely dry, label and roll in paper or place in a brown paper bag or
box and seal and label container. Place only one item in each container. Do not use
plastic containers.
DRIED BLOOD STAINS
• On clothing, if possible, wrap the item in clean paper, place the article in a
brown paper bag or box and seal and label container. Do not attempt to remove stains
from the cloth.
• On small solid objects, send the whole stained object to the Laboratory, after
labeling and packaging.
• On large solid objects, cover the stained area with clean paper and seal the
edges down with tape to prevent loss or contamination. If impractical to deliver the
whole object to the Laboratory, scrape the stain onto a clean piece of paper, which can
be folded and placed in an envelope. Do not scrape directly into evidence envelope.
Scrape blood from objects using a freshly washed and dried knife or similar tool.
Wash and dry the tool before each stain is scraped off. Seal and mark the envelope.
• Do not mix dried stains. Place each stain in a separate envelope.
• Never attempt to wipe dried stains from an object using a moistened cloth or
paper.

STANDARD BLOOD SPECIMENS

• Autopsy Blood Samples
Request that pathologist obtain the sample directly from the heart into a yellow (ACD) or
purple stoppered vacutainer (some labs request both). In rare cases when no liquid blood is
available, ask pathologist to collect a section of liver, bone, and/or deep muscle tissue and
freeze for typing. In such cases, proceed also with collection of a secondary standard as
described below.
• Blood Samples From Live Individuals
For typing purposes, have sample drawn into yellow and purple stoppered vacutainers. Note
these are distinguished from the BA tubes which have grey stoppers.
If the victim is injured to the extent that a transfusion is necessary, make an effort to obtain or
begin necessary procedures to obtain the pre-transfusion sample collected by the hospital.
These samples are not retained for long periods by the hospital, so it is important to act
promptly. Also, make sure that some bloodstained garments worn by the individual has been
air dried and frozen to serve as a secondary standard.
HANDLING AND STORAGE OF PHYSIOLOGICAL FLUID EVIDENCE
For Stains and Controls-
1. Air dry
2. Package in paper
3. Freeze
Consider special handling of non-absorbent items on (metal or plastic). Any condensation
from thawing could disturb or destroy such evidence. Such items should be kept at room
temperature and submitted to the lab as soon as possible.
Blood as a standard sample
 Refrigerate, do not freeze standards collected in yellow stoppered vacuum containers.
Submit to the lab as soon as possible.