THE ROLE OF FORENSIC EVIDENCE IN CRIMINAL

INVESTIGATION: A DEVELOPMENTAL APPRAOCH

1. ABSTRACT
Today, science is developing at an ever-increasing rate, and forensic science, which is the use
of scientific procedures to produce objective, circumstantial evidence, is a part of this
expansion. As a result, increasing amounts of scientific information are being provided,
which is getting increasingly sophisticated and, all too frequently, becoming increasingly
incomprehensible to those who are not scientists. Forensic science is not a single subject, but
rather an umbrella phrase that encompasses a number of different scientific disciplines and
crosses nearly every border in the field of medical sciences. It is a combination of common
sense and the experience and information gained from other fields of medicine, such as
obstetrics and surgery, to make this decision. Forensic science has progressed dramatically
over the past twenty-five years, with significant scientific discoveries occurring in the process
(DNA typing, physical evidence databases, related scientific instrumentation). Forensic
methods are not used in the majority of criminal investigations due to a lack of available
resources. Research on DNA testing, its expenses, and its effects on cold cases and property
crimes have been conducted, but no studies have been conducted on the complete range of
physical evidence and the processing of cases through all stages of the criminal justice
system. The examination of evidence may aid the investigator in identifying how a crime has
been committed and how it was committed. The purpose of this article is to investigate the
application of forensic science in criminal investigation, as well as the role it plays in
maintaining law and order in a society, in order to better understand the field.

2. INTRODUCTION
Forensic science is science that is used to assist the legal system. An examination of forensic
evidence is utilised in the investigation and prosecution of civil as well as criminal lawsuits.
It can aid in the determination of the guilt or innocence of potential [Link] are two
goals of the organisation: to guide individuals involved in criminal investigations and to offer
correct information to courts so that they may make informed decisions when settling
criminal and civil issues.1

1
U. S. Misra, CBI-The Role & Challenges 13 NPAJ VOL. 57 (1 (2005).
Forensic experts such as scientists from any technological sector would analyse the evidence
and offer witness testimony on the findings of examinations, technical support and even
training in his or her specialised area.2

In addition, forensic evidence is utilised to connect crimes that are suspected of being
connected to one another. For example, DNA evidence can be used to link a single criminal
to a number of different crimes or crime sites, or it can be used to exonerate an accused
individual.

Forensic evidence also aids in the linking of crimes and the narrowing of the spectrum of
probable suspects, as well as the establishment of patterns of crime that may be utilised in the
identification and prosecution of suspects by law enforcement.

Forensic science is the application of scientific principles to legal issues. Forensic scientists
are involved in the search and study of physical evidence that can be used to prove a suspect's
involvement in a crime at the site of the crime or at the residence of the victim. Forensic
scientists are most commonly used in criminal investigations. This might include blood traces
or bodily fluids, garments and textures from clothing, hair, footwear, and any instruments that
were utilised, among other things.

Forensic science also covers everything that aids in the gathering, preservation, and study of
evidence for the goal of identifying it, such as DNA identification, structural design
assessment, and explosives detection, among other things.3

3. FORENSIC SCIENCE AND ITS SCOPE

Currently, the subject of forensic science encompasses such a broad and diversified range of
disciplines that it has emerged as an important working horse for the criminal justice delivery
system. In India, the current state of crime investigation and punishment of offenders is rather
bleak, to put it mildly. It is common in India for trials to result in dismissals of the charges
against the defendant. Official and unofficial figures are available to us in support of this
claim. When it comes to the official statistic, it is about 90 percent, and the unofficial rate is
much higher. In India, the investigation of crimes and the prosecution of those responsible for
the crimes fall short of international standards. Even in the most terrible crimes, a large
number of criminals were unable to be prosecuted, and only a small proportion of trials
resulted in acquittals, as a consequence of which the number of offenders and the severity of
2
DAVID SHICHOR, THE MEANING AND NATURE OF PUNISHMENT, (WAVELAND PRESS, INC. 2006).
3
N. B. Narejo, M. A. Avais, Examining the Role of Forensic Science for the InvestigativeSolution of Crimes,
252 SURJ (SCIENCE SERIES) VOL. 44(2) 2012.
crimes are increasing with time. These recurrent acquittals are mostly the result of antiquated
investigative techniques that contain a number of inconsistencies and ambiguities. As a result,
scientific methods of inquiry are extremely important for conducting genuine investigations. 4

Techniques in the field of forensic science

Test for Narcotic Abuse- Narcosis is a condition of unconsciousness that is brought on by the
use of medications. It is possible to do Narco-Analysis on someone when they are asleep or
sleepy because of a chemical injection. While they are asleep or drowsy, the subject is
interrogated. An example of how this approach has been used is to help a witness recall more
information. A person's ability to think is impaired during the course of a Narco-Analysis test
as a result of the effects of the drugs that are injected into him.

Polygraph or Lie Detector Test-The name "Polygraph" is derived from the Greek word for
"many writes," and it refers to a way of recording psychological activity. The basic premise is
that when someone lies, he or she gets anxious, which generates mental excitement. For the
purpose of masking the sensation of excitement, the adrenal glands are stimulated to release
Adrenalin, which, once in circulation, regulates the blood pressure, the rate of pulse, and the
rate of respiration. The psychological alterations that are recorded are collectively referred to
as Polygrams, and they are analysed to determine if the suspect suffered emotional stress as a
result of the questions given during the lie detection test.

Brain Mapping- Either Brain Mapping or the P300 Test can be used. This technique is
sometimes referred to as "brain wave finger printing." This approach involves interviewing
and interrogating the suspect in order to determine whether or not he is concealing any
important information. Sensors are affixed to the person's head, and he or she is forced to sit
in front of a computer monitor for several hours. Certain pictures and voices are displayed to
the suspect, and he or she is forced to hear them. In addition to recording electrical activity
and P300 waves in the brain, the sensor is linked to head monitors and can only be used if the
suspect has a relationship to the stimuli being recorded. There are no questions posed to the
suspect. So that the information stored in the brain can be matched with that of the associated
crime and crime scene, the brain finger printing technique is used. If the person is not guilty,
no such P300 wave is detected during the examination of the subject. The Bangalore Forensic
Laboratory was the first in India to employ this technology, and it was the first in the world.
The Court takes into account all of the other evidence that is available, as well as the expert's
4
JYOTIRMOY ADHIKARY, DNA TECHNOLOGY IN ADMINISTRATION OF JUSTICE, (LEXISNEXIS, BUTTERWORTHS,
2007).
opinion, which is only one piece of evidence that must be taken into consideration and valued
for its evidential worth in the case at hand.

This test would be invalid in the case of two suspects in an investigation who were both
present at a crime, but one was a witness and the other was a perpetrator, as would be the
case in this case. The method can only detect information from their memories that would
place both of them at the scene of the crime; it cannot determine what their roles were. As a
result, there is a distinct possibility that an innocent eyewitness will become a suspect of the
crime and that the real perpetrator will be given a doubtful opportunity to create a condition
of doubt.

DNA profiling- When it comes to criminal investigation, DNA profiling is one of the most
reliable methods available to investigators. DNA is an acronym for the phrase "Deoxyribose
Nucleic Acid," which refers to an organic component found in every living cell and which
serves as the blueprint for each individual's genetic makeup. DNA may be acquired from a
variety of sources, including blood, sperm, bone, saliva, and other bodily fluids. Fredrick
Micscher made the groundbreaking discovery of DNA in the year 1869. DNA testing are
extremely effective because, with the exception of identical twins, each individual's DNA is
distinct. The likelihood of two people having the same DNA is one in three billion.
Furthermore, it is trustworthy since it cannot be tampered with. A DNA test may be utilised
in a variety of situations, such as determining the paternity of a child or identifying disfigured
remains, among other things.

Patrimonial status- The Indian Evidence Act, 1872, prohibits the legitimization of a child,
and public policy holds that no kid should suffer as a result of the actions or inactions of his
or her parents. Generally speaking, when a specific fact is considered conclusive
confirmation of another truth, the judiciary effectively disallows the party seeking to overturn
that conclusion. The sole exception is if the party is able to demonstrate that the other party
did not have access to the other party at the time when the conception may have occurred.
When paternity is challenged, the burden of proof is on the individual who is claiming the
child is not his or hers. A man's natural and fundamental responsibility is to provide for his
lawfully married wife, children, and parents for as long as they are unable to provide for
themselves according to Section 125 of the Code of Criminal Procedure, 1973.

Fingerprints- For decades, criminal detectives have relied on fingerprints as one of the most
important pieces of evidence in their investigations. People are born with a distinctive pair of
ridges on the fingertips that differentiate them from other animals. The ridges, which are
densely packed with sweat pores, produce a pattern that is set for the rest of one's life.
However, even if the skin is removed, the same pattern will be seen as the skin regenerates.
Arches, loops, and whorls are some of the most common patterns seen in fingerprints. At a
crime scene, the patterns left by these chemicals, which gather along the ridges of fingers,
form the fingerprints that are required by the authorities to identify the perpetrators.

4. ROLE OF FORENSIC SCIENCE IN CRIMINAL INVESTIGATION

When it comes to level of investigation no matter what will be the level of severity of the case
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nothing can prove more beneficial to the crime investigator than the use and implementation of
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the principles of forensic science. The results of those forensic investigations can mark the
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difference between the acquittal and conviction in the court of law. Forensic science has come
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up in a big way to assist criminal investigation. It helps to interrogate suspect, victim and even
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witness to get the truth. Neurological tests viz. hypnosis, psychological detection of deception
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(Lie detection), Narco-analysis and Brain mapping has revolutionized the police investigation
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saving time money and effort and providing far superior results. These scientific methods of
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interrogation has made the interrogations more humane and legal, thereby eliminating
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notorious third degree methods of: which most often prove disastrous.5
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Criminal investigation is a pragmatic science that comprises the study of facts, used to
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categorize, uncover and demonstrate the culpability of an accused criminal. A comprehensive

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criminal investigation can include probing, consultations, cross-examinations, evidence

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collection, preservation and various methods of investigation. Criminal investigation is an

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antediluvian science (pre-historic) that may have origins as far back as 1700 BC in the writings
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of the Code of Hammurabi. In the code it is advocated that both the accuser and accused had the
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right to present evidence they collected.6

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In the modern era, criminal investigations are most often done by government police forces.
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Private investigators are also commonly hired to complete or assist in criminal investigations.
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Criminal investigation is simply a part of criminal justice system.7 It is been seen that very
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organized and cultural society of the world has evolved and developed a system of justice to
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prevent breach of law, to enforce laws, to handle law breakers and to assuage the victims so that
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5
Justice U.C. Shrivastava, Immunity from Self-Incrimination under Art. 20(3) of the Constitution of India,
JJTRI, U.P., [Link]
6
CHARLES E. O'HARA AND GREGORY L. O'HARA, FUNDAMENTALS OF CRIMINAL INVESTIGATION , 132 (SIXTH
EDITION, 1994).
7
GAURAV AGGARWAL, SMART STUDY SERIES FORENSIC MEDICINE &TOXICOLOGY 73 (ELSEVIER A DIVISION
OF REED ELSEVIER INDIA PRIVATE LIMITED, GURGAON HARYANA), 2009)
the society and the country can function smoothly and that its members can live their life
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happily and work in a colourful, blissful and harmonious nature. The main aim of efficient
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criminal justice system is to enforce the standards of conduct necessary to protect individuals.
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Forensic science facilitates criminal investigation in all varied facets and plays the pivotal role
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in keeping law and order in a society. It has become an indispensable part of criminal
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investigations and two will never separate. Crime is as old as human being himself. Crime, the
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word crime is not new to human civilization and came into existence from the time when Adam
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was established. The Quran and Bible provides evidence that the first crime on the planet done
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by son of Adam himself so it can be said that crime in one form or other existed in the world
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from times immemorial and so existed the ways to combat them. With the advent of science and
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technology every aspect of human life has changed and the court and its judicature is no
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exception to his general rule. Nations all over the world have resorted to a liberal approach
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towards the acceptance of the scientific techniques and the importance of these techniques in
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criminal investigation can be gathered from the fact that it does not need further justification.
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This scientific investigation helps in developing a link between the past and present of the crime
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what known as Corpus Delecti or the body of the offence.8

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In 1983, Lynda Mann, age 15, was raped and murdered near the village of the Ender by. This
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case was not solved. Three years later, another 15-year-old, Dawn Ashworth, was a victim in
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similar offense. Comparing the DNA “fingerprints” derived from the semen recovered from
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both victims’ bodies, the investigators realized that the same man had raped and killed both
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women. A 17-year-old man was initially arrested and sample of his blood was subjected to the
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DNA analysis. This man’s innocence, however, was clearly established by the lack of DNA
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match, and was released. Subsequently, all the males in the Ender by area between 13 and 30
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years of age were asked by the police to voluntarily provide the blood samples for DNA typing.
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During 1986 a series of the rapes and assaults occurred in Orlando, Florida, that resulted in the
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first use of the DNA in the criminal investigation cases in this country. The crimes shared a
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common pattern: the attacks occurred after the midnight, in the victims’ homes, by knife-
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wielding perpetrator. The perpetrator was quick to cover the eyes of the victims with a sheet or
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blanket, so none of them could give the detailed descriptions of their assailant. During early
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1987, the investigators were staking out a neighbourhood in which it was believed that the rapist
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8
ANN WOLBERT BURGESS, ALBERT R. ROBERTS, CHERYL ET AL, LEARNING: VICTIMOLOGY : THEORIES AND
APPLICATIONS 2009.
might strike saw a blue 1979 Ford speeding out of the area. They followed the car for a short
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distance before it crashed into a utility pole while making a turn.9

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5. FORENSIC LAWS RELATED TO MEDICAL JURISPRUDENCE IN INDIA

I. INDIAN MEDICAL COUNCIL ACT, 1956

Professional Conduct (Section 20A):

1. The Council may establish norms of professional conduct and etiquette for medical
practitioners, as well as a code of ethics.
2. The Council’s regulations adopted under sub-section

It may specify which violations shall constitute notorious conduct in any professional
regard, i.e., professional misconduct, and such provision shall apply notwithstanding any
other provision of legislation now in force. There are several disadvantages to these rules,
according to the current Indian scenario.

Despite its numerous advantages, evidence obtained through medical jurisprudence is still
deemed secondary to expert opinion rather than primary evidence. The report of an autopsy
process is only recognised documentary evidence in specific circumstances under the Indian
Evidence Act of 1872. Doctors are bound by doctor-patient confidentiality, which frequently
puts them in the position of deciding whether or not to share information with the legal
system.

If the doctor learns that one of his patients has committed a crime (other than suicide), he is
obligated to report it to the authorities. He may face repercussions if he fails to do so. As a
result, comprehensive briefing of doctors about these pre-existing regulations, as well as
amendments to certain conflicting statutes, is critical.

II. INDIAN PENAL CODE, 1860

1. Injury is defined in Section 44: Any illegal harm to a person’s body, mind,
reputation, or property of any kind.
9
MANOJ .H. PAREKH AND S.P. SINGH PARMAR ,CRIME INVESTIGATION AND MEDICAL SCIENCE, 6 (ALLAHABAD
DEVIWEDI COMPANY ),2008.
 2. Hurt (Section 319): Harm: Any individual who is hurt suffers from bodily pain,
disease, or infirmity.
3. Grievous Injury (Section 320)
4. Section 321 of the IPC defines “voluntary causing harm.”
5. Definition of “Voluntarily Causing Grievous Hurt” in Section 322
6. Assault is defined in Section 351 as a threat or attempt to use force. An assault is
committed by anyone who makes any gesture or preparation with the intent or
knowledge that such gesture or preparation will lead any person present to suspect
that the person making the gesture or preparation is about to use unlawful force
against that person.
7. Punishment for Intentionally Causing Harm is described in Section 323 of the IPC.
Imprisonment for a period of up to one year, with or without a fine of up to Rs.
1000.
8. Punishment for Voluntarily Causing Hurt by Dangerous Weapon under Section
324 IPC is up to 3 years in prison, with or without a fine.
9. Punishment for Voluntarily Causing Grievous Hurt is described in Section 325 of
the IPC. Will be sentenced to a maximum of 7 years in jail, with or without a fine.
10. Punishment for Voluntarily Causing Grievous Hurt by a Dangerous Weapon or
Means is described in Section 326 IPC. Will be sentenced to life in jail or ten years
in prison, with or without a fine.
11. Section 328 of the Indian Penal Code states that causing harm by means of poison,
etc. is punishable by imprisonment for up to ten years, with or without a fine.

III. INDIAN EVIDENCE ACT, 1872

1. Expert opinions are discussed in Section 45. When the Court must develop an
opinion on a point of foreign law, science, or art, or on the identity of handwriting,
relevant facts are the opinions of individuals who are particularly skilled in such
foreign law, science, or art. Experts are people like this.
2. Section 114A: In a rape case, if the question is whether sexual intercourse
occurred without the woman’s consent and she says she didn’t consent in her
testimony, the court will conclude she didn’t consent.
IV. CODE FOR CRIMINAL PROCEDURE, 1973

1. Section 53 (I) CrPC: At the request of a police officer who is employing

reasonable force, an accused may be examined by a medical practitioner.
2. Section 53 (ii) CrPC: When a female accused person is to be examined, it must be
done solely by or under the supervision of a female registered medical practitioner.
3. A medical practitioner may examine an arrested individual at his request in order
to detect evidence in his favor under Section 54 CrPC.
4. Section 174 of the Criminal Procedure Code: Police must investigate and report
suicides, among other things.
5. Section 176 CrPC: Magistrate’s inquiry into the cause of death

6. DNA TECHNOLOGY REGULATION BILL 2019

The Department of Biotechnology has introduced the DNA Technology (Use & Application)
Regulation Bill, 2019, in response to the 271st Law Commission Report’s suggestion. The
Bill was passed in the Lok Sabha, however it lapsed in the Rajya Sabha due to a lack of
needed support. The purpose of the bill is to establish regulations for the use and application
of DNA technology for the purposes of establishing the identity of certain categories of
persons, such as victims, offenders, suspects, under trial, missing persons, and unknown
deceased persons, as well as for matters related to or incidental to that.

The provisions of this Bill have given authorities the authority to use and keep an individual’s
unique genetic identifier for the objectives stated in the aim clause. The bill’s most important
provision is the creation of a National DNA data bank and a Regional DNA data bank, where
all samples gathered from crime scenes as well as individuals will be preserved and used in
the future for the purpose of identifying suspects, victims, and so on. Every data bank built in
this manner must keep indexes for the following data categories:

 A list of crime scenes

 A suspects’ or defendants’ index
 A list of offenders
 A list of people who have gone missing
 A database of unidentified deceased people
The Bill also includes a provision for the establishment of a DNA Board to oversee the
operation of the DNA data bank and laboratories, with the goal of creating a supervisory
authority. Because the provisions of the bill allow authorities to take DNA samples from
those suspected of committing crimes without their agreement when the punishment is more
than seven years in jail, authorities can take DNA samples from people suspected of
committing crimes without their consent. At the same time, the authorities have the authority
to store the information gathered for future use.

Obtaining and collecting biological information of an individual without agreement is

regarded a breach of right to privacy in the current day, when right to privacy has already
been proclaimed a basic right under Article 21 of the Indian Constitution by the Apex Court.
Another major issue raised by the bill’s introduction was that, in the lack of data protection
legislation, the bill’s passage would result in data misuse and a greater risk of data hacking.
Apart from the issue of privacy, another major concern with the Bill is that it goes against the
fundamental principle of the criminal justice system; because the principle of innocence until
proven guilty is considered to be the foundation of the criminal justice system, the
introduction of this Bill goes against it?

Because it obtains an individual’s data and uses it for future investigation purposes, guilt is
suspected rather than innocence. Another worry is that collecting and exploiting a
defendant’s DNA data without his agreement amounts to self-incrimination, which is
prohibited under Article 20(3) of the Indian Constitution. Apart from the legal aspect, the
technical requirements and the likelihood of correctness of the approach used are also
important considerations. As a result, despite the fact that the Bill was intended to aid in the
investigation and delivery of justice, it has failed to address a number of fundamental
difficulties.

7. IMPORTANCE OF FORENSIC EVIDENCE IN CRIMINAL

INVESTIGATION

 Toxicology and Ballistics: This procedure is used to determine whether or not there is
arsenic in the bodies. The first person to apply this new science to the art of forensics was
James Marsh. He also produced arsine gas by combining sulfuric acid and arsenic-free
 zinc in a solution. This gas was capable of detecting even a tenth of a milligramme of
mercury in the body.
 Anthropometry: It is the study of taking systematic measures of the human body. It was
invented in the 19th century to solve the problem of identifying criminals based on their
name and pictures. Human size, structure, and composition are examples of
anthropomorphic measures.
 Fingerprints: Because the arrangement of each human finger’s pinnacle is unique and
does not change with development or age, fingerprints are an excellent method of personal
identification. Fingerprints were originally used in the identification of suspects by Sir
William Herschel. In 1858, he began using thumbprints on documents as a security
mechanism to prevent the widespread use of fake signatures while working for the Indian
Civil Service.
 Uhlenhuth Test: It is a forensic test that has been used by American forensics since 1901
to determine the presence of antibodies in a person’s blood cells. It may also be used to
detect paternity and the type of blood a child possesses. It can also be used to suspect a
suspect when an alien blood stain is discovered on a victim.
 DNA: This is a type of genetic material that is utilised to research an individual’s genes.
Each person’s DNA profile is unique, similar to fingerprints, and it is kept separate from
the genes of identical twins who have the same genetic code. In 1985, British scientist
Alec Jeffery utilised it for the first time to solve a double murder case by referring to
earlier murder cases.
 Forensic Odontology: It aids in the identification of victims whose bodies have become
unrecognisable. This can be accomplished by looking at their teeth, alignment, and overall
oral anatomy. Forensic pathology and Medico-Legal Death Investigation: By examining
the corpse, forensic pathology aids in the discovery of the cause of death. Forensic
medicine entails the collecting and examination of medical samples in order to derive
admissible facts in a court of law.
 Cyber Forensics: Cyber criminalistics is the study of evidence obtained on computers and
media storage devices such as flash drives and hard discs. Its main goal is to find, save,
recover, evaluate, and publish digital facts and figures’ facts and opinions. It is mostly
used to investigate cybercrime and legal cases.
 Criminal Profiling: This is based on a psychological report obtained from an offender and
aids in the creation of a comprehensive social and psychological profile of the criminal.
The basic steps of criminal profiling include an in-depth analysis of the crime scene,
 analysing the indigence and drawing parallels with similar incidents in the past, evaluating
the victim’s background and activities, considering all possible motives for the perpetrator,
and preparing a detailed description of the suspects to compare with previous cases,
among others.
 Pattern Evidence and Impression: The evidence created when two items collide with
enough force to create a “impression” is known as impression evidence. A two-
dimensional impression, such as a fingerprint, or a three-dimensional impression, such as a
bullet mark, are examples of this. Pattern proof analysis necessitates the discovery and
evaluation of additional features inside a given perception. Impression and pattern
evidence, when combined, can aid in establishing critical ties between a suspect/tool and a
crime scene.
 Forensic Pathology and Medico–legal Death Investigation: Forensic pathology aids in the
identification of the cause of death by examining the body. In order to deduce facts that
are admissible in court, forensic medicine necessitates the collection and examination of
medical samples. For example, recognising wound patterns can help identify the weapons
used to inflict the wound. In deaths involving exit and entry wounds, forensic pathologists
may also look into firearms or other projectiles. A forensic pathologist can use this
information to determine if death is natural, criminal, or accidental.
 Traces of proof: Substances such as fibres, dirt, hair, gunshot residue, wood, and pollen
are examples of trace evidence. It gets its name from its capacity to easily travel between
goods, persons, and climate during a crime. Trace evidence is also important in
establishing a link between the culprit and the victim. A soil sample taken from a victim’s
shoes, for example, could reveal crucial information about the crime scene and so aid in
the identification of the offender.
 Cyber Forensics: The study of electronic data and physical storage devices such as pen
drives, hard discs, and so on is included in cyber forensics. Its major goal is to recognise,
store, retrieve, assess, and present digital content facts and views. This is mostly used to
pursue cybercrime and civil cases. Since the mid-1980s, cyber forensics has been used in
criminal law, with prominent instances including Sharon Lopatka’s murder, Dennis
Rader’s conviction, Dr. Conrad Murray – Michael Jackson’s personal physician, and
Joseph E. Duncan III.

The application of forensic science to crime investigation and trial has to stand the limitation of
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i law. The predominant questions therein are: viz. a) How far such techniques are legitimate and
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supported by any authority? b) How far these forensic techniques helpful in crime
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investigation? c) How could we obtain evidentiary importance from the forensic experts? As
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per Articles 20(3) of the Indian Constitution, no person accused of any offence shall be
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compelled to be a witness against himself. Article 20(3) is based upon the presumption drawn
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by law that the accused person is innocent till proved guilty. It defends the accused by
i i i i i i i i i i i i i i i i

protecting him from the probable agony/torture during investigation during detention. Criminal
i i i i i i i i i i i

law believes an accused as innocent until his guilt is proved beyond reasonable doubt.10 The
i i i i i i i i i i i i i i i

Universal Declaration of Human Rights, Article 11, “Right to the presumption of innocence”
i i i i i i i i i i i i i

states that "Everyone charged with a penal Offence has the right to be presumed innocent until
i i i i i i i i i i i i i i i i

proved guilty according to law in a public trial at which he has had all the guarantees necessary
i i i i i i i i i i i i i i i i i i

for his defence." Article 20 (3) of the Constitution of India guarantees fundamental right against
i i i i i i i i i i i i i i i

self-incrimination and guards against forcible testimony of any witness. The fundamental right
i i i i i i i i i i i i

guaranteed under Article 20 (3) is a protective umbrella against testimonial compulsion in

i i i i i i i i i i i i i

respect of persons accused of an offence to be witness against themselves.11

i i i i i i i i i i i i I

The protection is available not only in respect of evidence given in a trial before Court but also at
i i i i i i i i i i i i i i i i i i

previous stage. The protection against self-incrimination envisaged in Article 20 (3) is available
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only when compulsion is used and not against voluntary statement, disclosure or production of
i i i i i i i i i i i i i i

document or other material.12 This right has been taken to ensure that a person is not bound to
i i i i i i i i i i i i i i i i i i

answer any question or produce any document or thing if that material would have the tendency
i i i i i i i i i i i i i i i i

to expose the person to conviction for a crime. Sec. 73 of the Indian Evidence Act gives
i i i i i i i i i i i i i i i i i

authority to the court to direct any person including an accused to allow his finger impressions
i i i i i i i i i i i i i i i i

to be taken. The Supreme Court has also held that being compelled to give fingerprints does not
i i i i i i i i i i i i i i i i i

violate the constitutional safeguards given in Art. 20(3). There are undoubtedly many queries as
i i i i i i i i i i i i i i

to whether forensic evidence violates Art. 20(3) of Indian Constitution or not?

i i i i i i i i i i i i I

In The State of Bombay v. Kathi Kalu Oghad& Others,13 the court held that giving thumb
i i i i i i i i i i i i i i i

impression, specimen signature, blood, hair, semen etc. by the accused do not amount to ‘being
i i i i i i i i i i i i i i i

a witness’ within the meaning of the said Article. The accused, therefore, has no right to object
i i i i i i i i i i i i i i i i i

to DNA examination for the purposes of investigation and trial. The Bombay High Court in
i i i i i i i i i i i i i i i

10
McDougall, Justice Robert, The Privilege against Self-incrimination: a time for reassessment , Paper
presented at New South Wales Bar Association, 18 October 2008.
11
Gaurav Aggarwal, Smart Study Series Forensic Medicine &Toxicology 73 (ELSEVIER A division of Reed
Elsevier India Private Limited, Gurgaon Haryana), 2009)
12
AIR 2010 SC 1974.
13
AIR 1961 SC 1808
another significant verdict in the case of, Ramchandra Reddy and Ors. [Link] of
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Maharashtra, upheld the legality of the use of P300 or Brain finger-printing, liedetector test
i i i i i i i i i i i i i i

and the use of truth serum or narco analysis. The court upheld a special court order allowing SIT
i i i i i i i i i i i i i i i i i i

to conduct scientific tests on the accused in the fake stamp paper scam including the main
i i i i i i i i i i i i i i i i

accused, Abdul Karim Telgi. The verdict also maintained that the evidence procured under the
i i i i i i i i i i i i i i

effect of truth serum is also admissible. In a 2006 judgment, Dinesh Dalmia v State,14 the
i i i i i i i i i i i i i i i i

Madras High Court held that subjecting an accused to narco-analysis does not tantamount to
i i i i i i i i i i i i i i

testimony by compulsion. However, in a subsequent case, i.e., Selvi & Ors v. State of
i i i i i i i i i i i i i i i

Karnataka & Anr,15 the Supreme Court questioned the legitimacy of the involuntary
i i i i i i i i i i i i

administration of certain scientific techniques for the purpose of improving investigation

i i i i i i i i i i i

efforts in criminal cases. In the above mentioned case, the Supreme Court held that brain
i i i i i i i i i i i i i i i

mapping and polygraph tests were inconclusive and thus their compulsory usage in a criminal
i i i i i i i i i i i i i i

investigation would be unconstitutional.16

i i i i I

The Code of Criminal Procedure, 1973 was amended in 2005 to facilitate the assortment of a
i i i i i i i i i i i i i i i

host of medical details from accused persons upon their arrest. Section 53 of the Criminal
i i i i i i i i i i i i i i i

Procedure Code 1976 provides that upon arrest, an accused person may be subjected to a
i i i i i i i i i i i i i i i

medical examination if there are “reasonable grounds for believing” that such examination will
i i i i i i i i i i i i i

afford evidence as to the crime. The extent of this assessment was expanded in 2005 to include
i i i i i i i i i i i i i i i i i

“the examination of blood, blood-stains, semen, swabs in case of sexual offences, sputum and
i i i i i i i i i i i i i i

sweat, hair samples and finger nail clippings by the use of modern and scientific techniques
i i i i i i i i i i i i i i i

including DNA profiling and such other tests which the registered medical practitioner thinks
i i i i i i i i i i i i i

necessary in a particular case.” On the other hand, the provision that was introduced through an
i i i i i i i i i i i i i i i i

Amendment in 2005 is restricted to the cases related to rape only. This section also does not
i i i i i i i i i i i i i i i i i

permit a complainant to collect blood, semen, etc, for bringing criminal charges against the
i i i i i i i i i i i i i i

accused; neither does it apply to complaint cases.17

i i i i i i i i I

In similar lines, Section 164A Code of Criminal Procedure, 1973 offers for the medical
i i i i i i i i i i i i i

examination of a woman who is an alleged victim of rape within twenty four hours and such
i i i i i i i i i i i i i i i i i

examination includes the DNA profiling of the woman. Both the sections allow any medical
i i i i i i i i i i i i i i

14
2006 Cri. L. J 2401
15
AIR 2010 SC 1974.
16
Pragati Ghosh, Evidentiary Value of Expert Evidence under Indian Evidence Act, 1872,
[Link]
17
S. C. Parakh, ‘Expert Witness’ 421 IJA VOL.55 (2011).
practitioner within the meaning of Sec. 2(h) Indian Medical Council Act, 1956 to collect a DNA
i i i i i i i i i i i i i i i i

sample. The matter lies as to whether every medical practitioner is competent enough to collect
i i i i i i i i i i i i i i i

and preserve DNA evidence or not.18 It is a renowned fact that DNA evidence is completely
i i i i i i i i i i i i i i i i

dependent upon suitable collection and preservation of sample. Any simple error or negligence
i i i i i i i i i i i i i

can contaminate the sample and contaminated sample is absolutely of no use. Under Indian
i i i i i i i i i i i i i i

Evidence Act, 1872, forensic report is regarded as a “belief” tendered by expert. An expert may
i i i i i i i i i i i i i i i i

be defined as a person who, by practice and observation, has become experienced in any science
i i i i i i i i i i i i i i i i

or in his area of expertise. He is one who has devoted time and knowledge to a special branch of
i i i i i i i i i i i i i i i i i i i i

learning, and is thus especially skilled in that field wherein he is called to give his expert
i i i i i i i i i i i i i i i i i

[Link] real function of the expert is to put before the court all the equipments, together
i i i i i i i i i i i i i i i i

with explanations which induce him to come to a certain conclusion, so that the court, although
i i i i i i i i i i i i i i i i

not an expert, may form its own judgment by its own observation of those equipments.
i i i i i i i i i i i i i i i I

The trustworthiness of an expert witness completely depends on the reasons stated in support of
i i i i i i i i i i i i i i

conclusion and the tools, techniques and materials, which form the basis of such conclusion.
i i i i i i i i i i i i i i

Although, the court can completely disagree with the conclusions drawn by the expert and
i i i i i i i i i i i i i i

depend on other evidences for the purpose of judgment.19 The National Draft Policy on
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Criminal Justice Reforms has suggested that Indian Evidence Act needs some amendments to
i i i i i i i i i i i i i

make scientific evidences admissible as ‘substantive evidence’ rather than ‘opinion evidence’
i i i i i i i i i i i

and establish its probative value, depending on the sophistication of the concerned scientific
i i i i i i i i i i i i i

discipline.
i

Restrictive use of Forensic Evidence in Indian Legal Scenario- i i i i i i i i i

The most important function of forensic investigation is to exchange doubt into reasonable
i i i i i i i i i i i i

certainty of either guilt or innocence. However, till recently, the courts had to depend heavily on
i i i i i i i i i i i i i i i i

the non-scientific evidence because of the non-availability of proper technologies. The study
i i i i i i i i i i i i

conducted in 2011 by Supreme Court and Hugh court shows only 47 cases; DNA has played an
i i i i i i i i i i i i i i i i i

important role. Out of these, 23.4% decisions were given by Delhi High Court alone.
i i i i i i i i i i i i i i

Furthermore, DNA evidence had been used in merely 4.7% murder cases and 2.3% rape and
i i i i i i i i i i i i i i i

murder24. In yet another study of rape cases over the decade, the author has indicated that there
i i i i i i i i i i i i i i i i i

has been an increased reliance by Indian courts on forensic evidence and DNA over the years,
i i i i i i i i i i i i i i i i

even though the figures are abysmally low and concerted efforts are needed to include scientific
i i i i i i i i i i i i i i i

18
Prof. (Dr.) B. P. Tiwari, Evidentiary Value of Expert Opinion, 23 IIRRJ VOL. IV (2012).
19
The Role of DNA in Criminal Investigation- Admissibility in Indian Legal System and Future Perspectives ,15-
21 IJHSSI VOL. 2 (2013).
evidence in all criminal matters, where applicable. Yet, the domain of forensic science in India
i i i i i i i i i i i i i i i

has not been merged. So many times, neither the arbitrator, nor the attorney nor even the police
i i i i i i i i i i i i i i i i i

force appreciate completely, the advances or the widespread, promising potentialities of the
i i i i i i i i i i i i

science and the blend of new technologies together, methodologies, modalities and research.20
i i i i i i i i i i i i

This multitasking and multi-professional approach of forensic science needs an inter-

i i i i i i i i i i i

professional approach which is missing for many times. The Committee on Reforms of i i i i i i i i i i i i

Criminal Justice System also signifies that the present stage of applicability of forensic science
i i i i i i i i i i i i i i

in crime scene investigation is somewhat low in our country, with only 5-6% of the registered
i i i i i i i i i i i i i i i i

crime cases being referred to the FSLs and Finger Print Bureau put together. There is critical
i i i i i i i i i i i i i i i i i

requirement to carry forward the improvement in the prevailing conditions, more so, when the
i i i i i i i i i i i i i i

conviction rate is constantly declining over the years in the country and the forensic evidence,
i i i i i i i i i i i i i i i

being clinching in nature, can overturn the trend to some extent.21 The motives for such
i i i i i i i i i i i i i i i

unwillingness of the courts to use forensic evidence in criminal scene investigation are diverse.
i i i i i i i i i i i i i i

Initially, the unprofessional conduct of physical evidence, including improper collection,

i i i i i i i i i i

preservation, non collection of clue evidence, non-maintenances of chain of custody, as well as

i i i i i i i i i i i i i i

negligent and delayed dispatch of physical evidence for scientific analysis has been repeatedly
i i i i i i i i i i i i i

noted upon by the courts. Not sending an accused for medico-legal examination, non-lifting of
i i i i i i i i i i i i i i

fingerprints by the I.O or when bloodstained mortal object had been sent for chemical
i i i i i i i i i i i i i i

examination without covering the same by a wrapper immediately after seizure of the same then
i i i i i i i i i i i i i i i

it’s obvious that court would reject the report. Sometimes, scientific evidence suffers from
i i i i i i i i i i i i i

some kind of technical lacunas such as non-mention of blood group in Serologist’s report, tests
i i i i i i i i i i i i i i

were not done meticulously, no supportive data were provided by the Expert along with report,
i i i i i i i i i i i i i i i

delayed examination of exhibits at the laboratory etc.22

i i i i i i i i I

Delayed inspection of exhibits at the laboratory can turn the advantages of a case into a negative
i i i i i i i i i i i i i i i i

version. The delayed inspection of biological, serological and viscera exhibit in the cases of
i i i i i i i i i i i i i i

poisoning puts a big question mark on the legitimacy of evidence. The decomposition of such
i i i i i i i i i i i i i i i

exhibits can generate alcohol in the exhibits, on long standing duration and may also not permit
i i i i i i i i i i i i i i i i

the detection of poison and conclusive serological results; likewise, in cases of drunkenness, the
i i i i i i i i i i i i i i

20
Dipa Dube, ‘Determining the Applicability of DNA Evidence in Rape Trials in India’, VOL. 2 (1), IJSSR,
2014.
21
Justice Jitendra N. Bhatt, A Profile of Forensic Science in Juristic Journey, [Link]
[Link]/lawyer/articles/[Link]
22
Id.
blood alcohol or urine alcohol negative samples may test positive for the presence of alcohol
i i i i i i i i i i i i i i i

due to self- generation of alcohol on the putrefaction of samples33. Sometimes, it is not possible
i i i i i i i i i i i i i i i i

for the Autopsy Surgeon to elucidate the manner of death34 . The purpose of medico-legal
i i i i i i i i i i i i i i i

examination is to reveal the real cause of injury or death. It can undoubtedly notify the nature of
i i i i i i i i i i i i i i i i i i

death i.e. accidental/suicidal/homicidal and injury also. Therefore, the documentation of

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medico-legal examination should be organized very systematically and carefully in order to

i i i i i i i i i i i i

arrive at scientific conclusion which in many cases is not done in an appropriate manner. A
i i i i i i i i i i i i i i i i

forensic record thus, is still poorly incorporated into the investigation and crime analysis
i i i i i i i i i i i i i

process, in spite of evidence of its immense potential in various situations and learnings.
i i i i i i i i i i i i i i

Latest Judicial Pronouncements: Here are some of the latest cases where court has relied on
i i i i i i i i i i i i i i

forensic evidence and given verdict by taking into consideration of this piece of evidence. In
i i i i i i i i i i i i i i i

Krishan v. State of Haryana,23 the Trial Court, considering the facts and circumstances of the
i i i i i i i i i i i i i i i

case, more particularly relying on the FSL report convicted the appellant under Sec. 376 and
i i i i i i i i i i i i i i i

Sec. 506 of IPC. In a recent judgment in case of State of Gujarat v. Mohan Hamir Gohil and
i i i i i i i i i i i i i i i i i i i

others,24 Division Bench of this Court after referring to various authorities on DNA technology,
i i i i i i i i i i i i i i

different methodology used for testing and the scientific advancements made world over,
i i i i i i i i i i i i

noticed that over a period of time the Courts across the world including in India have been
i i i i i i i i i i i i i i i i i

placing heavy reliance on DNA results. It was observed "Over a period, the technology of DNA
i i i i i i i i i i i i i i i i

testing has made great strides and achieved sophistication leading to results which can often
i i i i i i i i i i i i i i

times be used either for inclusion or exclusion of the accused.

i i i i i i i i i i i

In criminal cases specifically based on circumstantial evidence, forensic science plays a very
i i i i i i i i i i i i

crucial role, which may assist in establishing the evidence of crime, identifying the suspect,
i i i i i i i i i i i i i i

ascertaining the guilt or innocence of the accused.25 One of the major activities of the
i i i i i i i i i i i i i i i

investigating officer at the crime scene is to make thorough search for potential evidence that
i i i i i i i i i i i i i i i

have probative value in the crime. Investigating Officer may be guarded against potential
i i i i i i i i i i i i i

contamination of physical evidence which can grow at the crime scene during collection,
i i i i i i i i i i i i i

packing and forwarding. Proper precaution has to be taken to preserve evidence and also against
i i i i i i i i i i i i i i i

any attempt to tamper with the material or causing any contamination or damage.”46 In certain
i i i i i i i i i i i i i i i

cases relying on scientific evidences including DNA profile and oral evidences, the accused
i i i i i i i i i i i i i

were convicted and punished with death sentence and fine by the Sessions Judges, for gruesome
i i i i i i i i i i i i i i i

murder aged about 10 years after subjecting the offender to carnal intercourse and then
i i i i i i i i i i i i i i

23
(2014) 13 SCC 574.
24
R/CR.A/224/2012.
25
2014(5) SCC 509.
strangulating him to death.26 In Nitish Katara murder case, the detection of the deceased victim
i i i i i i i i i i i i i i i

was difficult due to availability of only a small portion of one un-burnt palm with fingers. Here
i i i i i i i i i i i i i i i i i

also, DNA profile helped in identifying the body remains by matching DNA profile with
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parents of the deceased which helped the High Court of Delhi to uphold the conviction of the
i i i i i i i i i i i i i i i i i

accused.27 In Sushil Mandal v. The State represented by CBI, the petitioner, father of the
i i i i i i i i i i i i i i i

deceased boy, challenged the findings of DNA profiling. The deceased boy fell in the
i i i i i i i i i i i i i i

adolescent cusp of mutual infatuation with a school girl and parents of both were advised by
i i i i i i i i i i i i i i i i

school administration for keeping check on them. Later, the boy was found reportedly missing
i i i i i i i i i i i i i i

and, after a week, a fully decomposed unidentified body was fished out from a lake.28 The
i i i i i i i i i i i i i i i i

petitioner claimed of not identifying the body remains and clothes of his missing son. He
i i i i i i i i i i i i i i i

preferred habeas corpus petition in the high court accusing the father of the girl and praying the
i i i i i i i i i i i i i i i i i

high court for directing the investigation by the Central Bureau of Investigation (CBI). The
i i i i i i i i i i i i i i

DNA test of the body remains matched with the genetic profiles of the parents (the petitioner
i i i i i i i i i i i i i i i i

and his wife) of the deceased. The skull super imposition test also established link between the
i i i i i i i i i i i i i i i i

deceased and the recovered body. But petitioner refused to accept the truth revealed by these
i i i i i i i i i i i i i i i

scientific tests on one pretext or the other despite the fact that DNA test was repeated for his
i i i i i i i i i i i i i i i i i i

satisfaction. The apex court placed reliance on scientific tests including DNA profiling for
i i i i i i i i i i i i i

human identification and accordingly closed the matter.29

i i i i i i i

The Bombay High Court in Anmolsingh Swarnsingh Jabbal v. The State of Maharastra, upheld
i i i i i i i i i i i i i

life term, relying upon DNA evidence, in addition to other evidences, for murder of a young
i i i i i i i i i i i i i i i i

lady engineer by her colleague in a case of one sided love.30 In another case of brutal rape and
i i i i i i i i i i i i i i i i i i i

unnatural sexual act with a four year old girl child living in a slum dwelling was investigated by
i i i i i i i i i i i i i i i i i i

Delhi police and DNA profiling was used to link the perpetrator with the ghastly act of sexual
i i i i i i i i i i i i i i i i i

violence. The court after having examined the detailed analysis of the child’s testimony and
i i i i i i i i i i i i i i

various methodologies involved therein approved the investigation findings based upon DNA
i i i i i i i i i i i

reports and other evidences and held the accused guilty and set aside acquittal order passed by
i i i i i i i i i i i i i i i i

the trial court.31 In another case, the use of DNA technology paved the way to prosecute and
i i i i i i i i i i i i i i i i i

convict the culprit to death, liable for kidnapping and killing after gang rape of a 10 year old
i i i i i i i i i i i i i i i i i i

school girl by auto rickshaw driver and throwing the corpse of the victim in a running canal.32
i i i i i i i i i i i i i i i i i

26
(2014) 4 SCC 69.
27
Vishal Yadav v. State of Uttar Pradesh (2014) SCC Online Del. 1373.
28
2014 SCC Online Mad 7362.
29
Inspector of Police v. John David (2011) 5 SCC 509.
30
2014 SCC Online Bom 397.
31
State of NCT Delhi v. Sujeet Kumar, 2014 SCC Online Del 1952.
32
State by the Inspector of Police v. Manoharan, 2015 Cri. LJ 1215.
 8. CONCLUSION
Investigative operations such as ascertaining the cause of death, identifying suspects, locating
missing persons, and profiling criminals are all part of forensic science’s role in solving
crimes. Autopsies are used by forensic pathologists to ascertain the cause of death. They
examine fluids and tissues from a person during these procedures to determine the cause and
manner of death (for example, natural causes or homicide). By analysing evidence collected
at the site of a crime, such as fibres, hairs, blood, and fingerprints, forensic scientists can
identify suspects. These techniques are also used to clear innocent people.

They can use the technique of image manipulation to help find those who have been missing
for a long time. A photograph is aged in this approach to show what someone would seem
like years after they were last seen. This is also a method used to track out criminals who
have escaped prosecution. They can establish a criminal’s patterns and characteristics by
analysing a crime scene in order to narrow the suspect pool. So, plainly, legal practitioners
need to learn medical jurisprudence, and medical practitioners need to know the law in order
to uncover the truth and present it to lawyers and judges. They are also protected from being
irresponsible by studying legal provisions.

Medical professionals should not be prosecuted indiscriminately for criminal negligence

since it is counterproductive and does not benefit society. There must be a connection
between fault, blame, and the need for justice. In relation to the medical profession and
carelessness, the writers of Errors, Medicine, and the Law emphasise the link between moral
culpability, blame, and justice. In order to be convicted of a serious criminal offence, the
accused must have behaved with a morally reprehensible mindset. While recklessness and
purposeful wrongdoing are morally reprehensible, any behaviour that falls short of that
should not be prosecuted. In the past, common law systems have only made carelessness a
criminal offence when the level of negligence was extremely severe, a condition known as
gross negligence.

Indeed, at that level, negligence is likely to be indistinguishable from recklessness. Finally,

forensic science is defined as the union of natural science principles and legal principles.
forensic specialists in this union use their scientific backgrounds to assist law enforcement
officers in solving crimes.
 9. RECOMMENDATIONS
There is little scientific data available to support this impression in connection to medical
evidence due to a lack of work culture in the courts. As a result, a pilot research was designed
to assess the amount of time and effort spent by medical specialists in getting evidence
documented in criminal courts, as well as other associated issues.

The Malimath Committee requested that a few sections of the Criminal Procedure Code be
amended to accommodate forensic science principles, such as: A separate regulation for the
police should be enacted, establishing consistent rules for obtaining genetic information and
establishing necessary protections to prevent its [Link] is recommended that a
national DNA database be established, which will be extremely useful in the battle against
terrorism. To handle DNA samples and evidence, more well-equipped laboratories should be
constructed. More efforts should be made to raise awareness among the general public,
prosecutors, courts, and law enforcement.

Due to the interdisciplinary character of the work in forensic science laboratories, there is a
need to establish and supplement the ‘General Criteria for Laboratory Accreditation’ for the
purpose of accrediting forensic science laboratories. A Technical Committee especially
formed for the purpose developed the document ‘Specific Criteria for Accreditation of
Forensic Science Laboratories’. It is intended to augment the publication ‘General
Requirements for the Competence of Testing and Calibration Laboratories’ by providing
particular guidance on the accreditation of Forensic Science Laboratories for assessors and
laboratories preparing for accreditation.

 To handle DNA samples and evidence, more well-equipped laboratories should be

constructed.
 A specific law should be enacted that provides directions to police officers,
establishing standardized rules for gathering genetic information and putting in
place necessary protections to prevent its exploitation.
 It is recommended that a national DNA database be established, which will be
extremely useful in the battle against terrorism.
 Sec. 313 of the CR.P.C. Should also be revised to draw an adverse inference
against the accused if he fails to respond to any pertinent material against him,
allowing law enforcement to utilize DNA tests against him.
  Legal formulation of legislation that would use medical jurisprudence as a main
source of evidence.
 Other scientific test results must also be regarded as documentary evidence if they
are performed according to normal testing methodology.
 If a patient attempts suicide, the doctor must notify the appropriate authorities.
This will assist in resolving the circumstances that may have led to such a drastic
action by the victim, as well as ensuring the patient’s safety in the near future.
 The function of medical jurisprudence in bridging the gap between doctors and
lawyers is critical. This field has benefited society by providing new avenues for
old pending cases that were previously thought to be at a stalemate.
 Personnel in the legal and medical professions must work together to give the
discipline of medical jurisprudence the honour it deserves, which it has deserved
for a long time. As a result, medical law might be viewed as a kaleidoscope of new
possibilities.

10. REFERENCES
 U. S. Misra, CBI-The Role & Challenges 13 NPAJ VOL. 57 (1 (2005).
 DAVID SHICHOR, THE MEANING AND NATURE OF PUNISHMENT, (WAVELAND PRESS,
INC. 2006).
 N. B. Narejo, M. A. Avais, Examining the Role of Forensic Science for the
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