Academic Year 2024-25
Subject – Professional Ethics and Professional Accounting
System
Subject Code – LF 23.512
Topic – Forensic science in the Indian criminal justice system
Submitted by-:
Submitted to-:
Shruti Chandgothia
Dr. Nitu Nawal
[Link]. LL.B.
Assistant Professor
V Year
SOL (MUST)
Enroll. No.- 200110
1
INDEX
I. Abstract………………………………………………………………….. 4
II. Introduction……………………………………………………………. 5-6
III. History of Forensic Science In India…………………………………… 6-7
IV. National Crime Record Bureau (NCRB) ……………………………… 7-8
V. Role of Forensic in Solving Crime……………………………………… 8-9
VI. Techniques of Identification and Investigation………………………… 9-11
VII. Legal Provision of Forensic Science in India…………………………… 11-14
VIII. Cases Solved by use of Forensic Science………………………………… 14-16
IX. Conclusion……………………………………………………………….. 16-17
2
Table of Cases
1. Queen Empress v. Fakir Md. Sheikh (1896)ILR 21CAL392.
2. Selvi & Ors v. State Of Karnataka & Anr. (2010) 7 SCC 263.
3. Justice K.S. Puttaswamy vs Union of India and Ors (2017) 10 SCC 1.
4. Ramchandra Ram Reddy and Ors. v. State of Maharashtra 2004 ALL MR (Cri) 1704.
5. Dinesh Dalmia v. State 2006 Cri LJ 2401.
6. Sushil sharma v. State of Delhi (2014) 4 SCC 317.
7. Dr Rajesh Talwar & anr vs. CBI: 2013(82) ACC 303.
8. Krishna Kishore Singh vs. Sarla A Saraogi & Ors (2021) 88 PTC 40.
9. Anil @ Anthony Arikswamy Joseph vs State Of Maharashtra 2014 AIR SCW 1334.
10. Vishal Yadav v. State of UP, 2014 SCC OnLine Del 1373.
3
ABSTRACT
Forensics and the legal system are closely linked. Forensic science employs scientific
techniques to reveal the truth about criminal activities. The word "forensics" comes from
Latin, signifying "pertaining to the law." This scientific field supports the criminal justice
system by examining and interpreting evidence collected from crime scenes to uncover the
truth beneath the surface. It offers scientific assessments and proof to reinforce the
investigation and prosecution of criminal cases. As criminal activities become more intricate,
forensic methods provide crucial resources for aiding investigations, gathering evidence, and
facilitating legal actions. Techniques such as DNA testing, toxicology, digital forensics, and
ballistics improve the precision of criminal inquiries and bolster the prosecution of cases. In
India, there has been a growing integration of forensic science into the legal framework,
overseen by legal statutes like the Bhartiya Shakshay Adhiniyam, 2023 (Formerly known as
the Indian Evidence Act, this law governs the admissibility and use of evidence in Indian
courts). The law establishes standards for the collection, documentation, and presentation of
forensic evidence. Courts depend on forensic data to confirm facts, corroborate witness
accounts, and guarantee fair outcomes. Nevertheless, challenges remain, such as inadequate
facilities, a lack of trained professionals, and slow response times due to overloaded
laboratories.
The integration of modern technologies like artificial intelligence, cyber forensics, and
advanced DNA sequencing holds promise but necessitates additional investment and skill
development. Legal reforms and increased awareness among law enforcement and judicial
officials are essential for effectively leveraging forensic science.
4
INTRODUCTION
The word "forensic" comes from the Latin word forensis, which means "of the forum" or
"public discussion". In ancient Rome, the law courts were held in the forum.1
In modern usage, the word "forensic" refers to anything related to a court of law. Forensic
science is the application of scientific methods to the judicial system. The goal of forensic
science is to provide evidence from a crime scene to support a prosecution.
The word "forensics" also has origins in ancient Greece, where it referred to speeches made
to convince a group of people. The definition "speaking for judgment" is still relevant to the
word today.2 Forensic science is a multidisciplinary field that encompasses the application of
scientific principles and techniques to the investigation of crimes and legal issues. It plays a
crucial role in the criminal justice system by providing scientific analysis and evidence to aid
in the investigation and prosecution of crimes.3
Merriam Webster (1659) first used the term "forensic" and defines the meaning of forensic as
relating to or dealing with the application of scientific knowledge to legal problems forensic
medicine, forensic science, forensic pathologist, forensic experts.
- (Merrian Webster, 1659, pp.445)
The term had been used in medical writings for many years, but until then was not considered
to be an "official" word in the English language. In the present day, the term "forensic" is
very much common in our day-to-day life. With the advancement in years, scientific
discoveries became apparent to decide the outcome of important legal matters and the
application of science became essential to solving legal matters. In this connection, the
scientificity of "forensic" becomes obvious in a court to solve any legal matter. Therefore,
forensic science is a conversation about the application of scientific theories in a judicial
setting. It is uncertain exactly when the concept of "forensic science" originated.4
1
American Academy of Forensic Sciences. What is Forensic Science?, (2024, March 13).
[Link]
%20comes%20from,justice%20in%20a%20legal%20proceeding.
2
What is Forensic Science – Canadian Society of Forensic Science. Canadian Society of Forensic Science.
[Link]
%20to%20the%20judicial%20system.
3
Agrawal, V. M., Desai, S., & National Crime Records Bureau. Critical Analysis of Forensic Science in
Effective Administration of Criminal Justice System in India. Vol. VI, In Indian Journal of Law and Legal
Research: (Issue II, pp. 4581–4584), (2020)..
[Link]
.pdf
4
Infra note 7 at page 6.
5
This field of study closely examines offenses such as rape, murder, cybercrimes, and
increasingly, civil law cases. It also encompasses fundamental principles from all physical
and natural sciences and has developed various areas including anthropometry, computer
technology, DNA analysis, brain mapping, and fingerprinting. 5 The justice delivery system,
which includes courts and related entities, intersects significantly with forensic science. It is
essential to link criminals with their crimes and secure convictions while also protecting the
rights of the innocent, which requires a balanced approach that blends intuition with scientific
evidence. Forensic science plays an essential role in this endeavor by offering objective and
credible evidence, ultimately aiding in the quest for justice. 6 This article aims to explore the
existing connections among the Indian legal system, forensic science, and criminal activities
as well as a comprehensive review of the advancements and challenges in forensic science in
India.
HISTORY OF FORENSIC SCIENCE IN INDIA
Historically, Chinese text dedicated to forensic medicine was discovered. The book Ming
Yuen Shih Lu by Chich-ts'si was published around the 6th century AD. The first documented
use of forensic science was in 6th century China in a book titled "Ming Yuen Shih Lu," which
described how to distinguish drowning from strangulation.
-(Tshai, 2008)
The application of forensic science is not new in India. Kautilya’s Arthshastra, written more
than 2000 years ago, had evidence of forensic science as there is literature about handprints 7 .
Also, the use of fingerprints illustrated in India has introduced centuries ago, and many still
use it.8 The first chemical examiner's laboratory examining the death cases due to different
types of poisons, working on the science of toxicology was established in 1849 in Madras
Presidency. The foundation was laid in 1904 in the need to enhance crime investigation
methods during British colonial rule when the first chemical laboratory was established in
Kolkata (then Calcutta) to analyze evidence in criminal cases. This was followed by the
creation of similar laboratories in other cities, including Mumbai (then Bombay) in 1915 and
Chennai (then Madras) in 1930. These laboratories primarily focused on toxicology and
5
Roux C, Crispino F, Ribaux O. From forensics to forensic science. Current Issues in Criminal Justice:24(1):7-
24, 2012.
6
Goswami G, Goswami S. DNA in criminal adjudication. Handbook of DNA Forensic Applications and
Interpretation: Springer, 67-87, 2022.
7
Basu S. The History of Forensic Science in India, 10-11,(Routledge edr., 1st ed. 2021).
8
Dhillon MS. Pre-History of DNA ‘Fingerprinting’in India. Research Journal of Humanities and Social
Sciences:10(3):882-6, 2019.
6
chemical analysis. A significant milestone occurred in 1936 with the establishment of the
Serology Department in Kolkata, which dealt with blood-related forensic investigations. Post-
independence, the need for a structured forensic science framework became evident with the
rising complexity of crimes. In 1952, the Government of India established the Central
Forensic Science Laboratory (CFSL) in Kolkata under the Bureau of Police Research and
Development (BPRD). Over time, additional CFSLs were established in Chandigarh,
Hyderabad, and other cities, along with State Forensic Science Laboratories (SFSLs) to cater
to regional needs. India saw advancements in forensic capabilities with the introduction of
DNA fingerprinting in the 1980s, pioneered by Dr. Lalji Singh, earning him the title of the
"Father of DNA Fingerprinting in India." With the advent of technology, disciplines like
digital forensics, cybercrime analysis, and advanced ballistic studies have become integral to
the field. In 1897, the British Raj in India founded the Fingerprint Bureau in Calcutta, making
it India's first institutionalized fingerprint identification system. The primary responsibility of
the bureau was to acquire and maintain criminal fingerprint records. During this period,
fingerprints for criminal identification were widely accepted in India. It was acknowledged
that fingerprinting was a reliable method of establishing identity, and it became an integral
component of criminal investigations.9
Fingerprinting gained legal acceptance in criminal investigations in India after the addition of
the words "finger impression" to the Indian Evidence Act, 1872 by Act 5 of 1899. This was
in response to the Calcutta High Court's decision in Queen Empress v. Fakir Md. Sheikh 10.
The court ruled that the court itself must compare thumb impressions, and that the opinion of
an expert was not admissible.11
NATIONAL CRIME RECORD BUREAU (NCRB)
The National Crime Records Bureau (NCRB) is an Indian government agency that collects
and analyzes crime data to help law enforcement and policymakers. The NCRB was
established in 1986 based on recommendations from the National Police Commission, 1977
and the Task force, 1985. NCRB was set up in India with the mission of empowering the
Police with all possible information with the use of technology and criminal intelligence to
uphold the law and protect people from wrongful convictions and crimes. It is continuously
9
Grover N, Tyagi I. Development of Forensic Science and Criminal Prosecution-India. Nature, 23(578):76,
1910.
10
(1896)ILR 21CAL392.
11
Bharti, S. FINGERPRINT AND FOOTPRINT IDENTIFICATION: A Legal Analysis, Vol. I ,In HPNLU
LAW JOURNAL:(p. 182), (2020).. [Link]
[Link].
7
working and maintaining a secure sharable national database on crime and criminals. The
DNA examination after a crime scene investigation plays a very important role for the same
12
.
ROLE OF FORENSICS IN SOLVING CRIME
One of the important aspects of criminal justice as already stated is forensic science or the
collection and investigation of the crime scene to know the criminal and the interest of the
criminal in a particular type of crime. The evidence reveals the nature of the offense. The
circumstance clarifies the timing of the incident. Forensic evidence establishes the crime
scene.13 The modus operandi can provide valuable insights into the techniques and behaviors
of the perpetrator, which can help in identifying patterns, linking crimes, and narrowing down
potential suspects. Additionally, understanding the motivation behind a crime can aid in
establishing a motive, determining the intent of the offender, and building a comprehensive
understanding of the case.14 The cases like Nithari serial killings15 where there was no
witness to the crime scene and the prosecutors doesn’t have a solid ground to work with,
forensic science played an important role. In the places where human remains are found in
decayed conditions and cannot be recognized forensic scientists use DNA from the body to
examine the skeletal structure or in turn the probability of someone being a criminal. This
also narrows down the possibility of delayed judgments and wrongful convictions. Sex
crimes where DNA evidence can be recovered from the body of the victim can help the
Police to find out the suspect behind bars.16 The evidence collected at the scene of a crime is
of utmost significance in court trials, as physical evidence carries greater weight than any
other form of evidence. Forensic science plays a vital role in enhancing the methods used to
solve crimes. Forensic science is a powerful tool in protecting the innocent by exonerating
the wrongly convicted, identifying the true perpetrators of a crime, uncovering false
evidence, challenging biased or subjective testimony, improving investigative techniques and
standards, and promoting reliable investigative practices. It helps to exonerate the wrongly
12
Shali SK. Applicability of Forensic Science in Criminal Justice System in India With Special Emphasis on
Crime Scene Investigation. Medico-Legal Desire Media and Publications, Medico-Legal Reporter, Inaugural
Issue, 2018.
13
Supra Note 7.
14
Supra Note 9.
15
Pandey, M. Koli-Pandher acquitted in Nithari killings case: Revisiting the Noida horror. India Today. (2023,
October 16) [Link]
surendra-koli-moninder-singh-pandher-court-acquits-2449578-2023-10-16
16
Maharaj U. The importance of DNA as an investigation tool, 2013.
8
convicted, identify the true perpetrators, expose false evidence, counter biases, and promote
reliable investigative practices.17
TECHNIQUES OF IDENTIFICATION AND INVESTIGATION
1. Analysis through Narco Test: Narco-analysis, a controversial technique in criminal
investigations, involves administering truth-inducing drugs, such as sodium pentothal,
to induce a semi-conscious state where a suspect may disclose information without
full control over their thoughts. It is primarily used as a supplementary tool to gather
leads rather than as standalone evidence, given its limited reliability and ethical
concerns. Indian courts have ruled that statements obtained through narco-tests are
inadmissible as evidence unless corroborated independently, emphasizing the need for
voluntary participation.18 In 2010, a Supreme Court ruling19 said that the use of
narcoanalysis, brain mapping and polygraph tests on the accused, suspected and
witnesses to a crime, without their consent, was unconstitutional and violated their
right against self-incriminationArticle 20(3) of Fundamental Rights. Despite its
potential to aid investigations, narco-analysis faces criticism for violating
constitutional rights and ethical boundaries.20
2. Lie detection: Lie detection is a method in legal culture where the pieces of evidence
consisted of oaths and testimony was of great importance, taking an oath on Geeta
used to be the lie detection method of choice in ancient India. However, with the
advancement of technology, lie detection has become more scientific and accurate.
Polygraph tests are commonly used to detect lies in criminal investigations and
employment screenings. Lie detection is based on the principle of having physical and
psychological changes that occur in the human body when a person tells a lie. The lie
detector detects the raised heart rate, blood pressure, and the rush of flight or fight
hormone that is adrenaline when accuse lies on an answer to a crime-related
question.21
3. Brain Mapping Test: Brain mapping is a technical study of functions of the brain by
the sensors attached to the brain when he is asked about information related to the
17
Banerjee S. Importance of Forensic Science in Law with reference to Crime Scene Investigation. Available at
SSRN 3883967, 2021.
18
Mishra P. Narco-Analysis in Criminal Investigation and Trial: A Conspectus. Indian JL & Just:11:76, ,2020.
19
Selvi & Ors v. State Of Karnataka & Anr. (2010) 7 SCC 263.
20
Hamid, Z. Do polygraphs and narcoanalysis work in criminal investigations? | In Focus podcast. The Hindu.
(2023, January 20). [Link]
investigation-in-india-in-focus-podcast/[Link].
21
Vicianova M. Historical techniques of lie detection. Europe's journal of psychology,11(3):522, 2015.
9
crime. During this test, the accused is asked for the relevant information, and the
electric waves are recorded throughout the interview. The suspect is shown and made
to hear certain images and voices. The changes related to specific perceptual events
are called event-related potentials. The examiner can make the interface between the
familiarity of the individual with the crime scene. This test measures the memory and
knowledge of the crime scene. The same memory can also be from a movie or some
story or play that’s why the accused cannot be proven as criminal or innocent but can
only tell if the accused has any such memory or not. 22 In the 2010 case Smt. Selvi v.
State of Karnataka, the Supreme Court ruled that brain mapping and lie detector tests
violated Article 20(3) of Fundamental Rights and were thus unlawful. Any use of
these methods must have the willing participation of the target.23
4. DNA Profiling: DNA profiling is a very accurate method of forensic inquiry. DNA
stands for deoxyribose nucleic acid, an organic compound present in all cells that
serve as a blueprint for each person's unique genetic makeup. Blood, sperm, bone,
saliva, and other bodily fluids and tissues may all be mined for DNA. Frederik
Micscher made the initial discovery of DNA in 1869. Because everyone's DNA is
different (except for identical twins), DNA testing is quite accurate. There is a one in
three billion chance that our DNA is identical. As a bonus, it is trustworthy since it is
immune to manipulation. The results of a DNA test may be used to solve many
mysteries, from determining paternity to identifying disfigured corpse. 24 In the case of
Ranjitsing Brahmajeetsing Sharma vs. State of Maharashtra 25 in 2005 the Supreme
Court of India has ruled that DNA evidence can be significant when there is
supporting evidence, and the evidence must be put in the context of the rest of the
evidence.
5. Fingerprints: Crime scene investigators have long relied on fingerprints as a crucial
piece of evidence. Every human person is born with a unique fingerprint, a series of
ridges along each fingertip26. Rich in sweat pores, the ridges generate a permanent
design. When the skin is cut and sewn back together, the same pattern will emerge.
22
Basak S, Roychowdhury U, Gupta A. Probing in the depth of criminal mind. Journal of Indian Academy of
Forensic Medicine:30(3):169-71,2008.
23
Supra Note 19.
24
Alamoudi E, Mehmood R, Albeshri A, Gojobori T, editors. DNA profiling methods and tools: a review. Smart
Societies, Infrastructure, Technologies and Applications: First International Conference, SCITA 2017, Jeddah,
Saudi Arabia, November 27–29, 2017, Proceedings 1; 2018: Springer.
25
2005 Latest Caselaw 225 SC.
26
Win KN, Li K, Chen J, Viger PF, Li K. Fingerprint classification and identification algorithms for criminal
investigation: A survey. Future Generation Computer Systems:110:758-71, 2020.
10
Arches, loops, and whorls are the most common fingerprint patterns. At a crime
scene, investigators need to gather fingerprints, which are an essential part of the
investigation27 . The field of forensic science relies increasingly on these methods.
The legal system can't function without the use of scientific evidence gleaned from a
forensic investigation. The criminal justice system in India must catch up with the
times and adopt the latest innovations in law and technology.
LEGAL PROVISION OF FORENSIC SCIENCE IN INDIA
Forensic science's usefulness in the investigation and prosecution of crimes must be
protected by the rule of law. Forensic science's veracity and applicability are at the heart
of the issues that arise. Because of Article 20(3) of the Indian Constitution, forensic
science is restricted when an accused person is required to testify against themselves.
Also, it stops the accused from giving a forceful testimony28 .
In Justice K.S. Puttaswamy vs Union of India and Ors.29, the bench said in the age of
information technology governed by aspects of our lives the court needs to be sensitive to
the opportunities and dangers posed to liberty in a digital world. They also said that the
right to privacy is closely linked to other rights and this can also act as a game changer 30 .
In a significant legal judgment, the Bombay High Court, in the case of Ramchandra Ram
Reddy and Ors. v. State of Maharashtra 31, ruled that the use of P300 or Brain
fingerprinting, lie detector tests, and narcoanalysis is legally permissible. The Judges,
Justice Palshikar and Justice Kakade, said that the lie-detector and the brain mapping tests
did not involve any “statement” being made and the statement made under narco analysis
was not admissible in evidence during trial. The judgment also held that these tests
involve “minimal bodily harm”. In Dinesh Dalmia v. State32 , the Court observed that
where the accused had not allegedly come forward with the truth, the scientific tests are
resorted to by the investigation agency. Such a course does not amount to testimonial
compulsion. From the above discussion, it is very evident that conducting a Narco
Analysis test does not violate Article 20 (3) per se. Only after conducting the test, if the
27
Zhang Z, Peng D. Recent Advances in Enhancement Techniques for Blood Fingerprints. Critical Reviews in
Analytical Chemistry, 1-20, 2022.
28
Ajayi OA. Crime Scene and Forensic Investigation: Basics of Tunnel Vision on Interrogation Process:
Malthouse Press, 2018.
29
(2017) 10 SCC 1.
30
Guruswamy M. Justice KS Puttaswamy (Ret'd) and Anr v. Union of India and Ors. American Journal of
International Law,2017:111(4):994-1000.
31
2004 ALL MR (Cri) 1704.
32
2006 CRI. L. J. 2401.
11
accused divulges information which is incriminatory, then it will be hit by Article 20(3).
Other information divulged during the test can help the investigation. Thus, there is no
reason why we should prohibit such a test on grounds of unconstitutionality.
The Indian Evidence Act of 1872 ( now The Bharatiya Sakshya Act, 2023 (BSB)) was the
first law in India that recognized the admissibility of scientific evidence in courts.
Forensic labs in India are working with an increasing amount of cases as the use of
scientific methods in criminal investigations grows.33 These labs are essential for
gathering important scientific data as well as for promptly providing findings to different
criminal justice system stakeholders. Courts then evaluate and interpret these findings
based on their correctness, transparency, and objectivity to either clear innocent parties or
prove beyond a reasonable doubt the guilt of suspected offenders. The best forensic lab
should have state-of-the-art, reliable information-gathering procedures and use the best
scientific methods possible for material analysis. These labs ought to actively interact
with criminal justice system decision-makers and urge them to utilize the most
trustworthy forensic techniques.
Today, forensic science plays an important role in the Indian legal system. The Indian
government has established several forensic science laboratories across the country to
provide forensic services to law enforcement agencies and the judiciary. These
laboratories analyze physical evidence, such as DNA, fingerprints, and ballistics, to aid in
criminal investigations and trials. The use of forensic science in India is governed by
various laws and regulations, including the Code of Criminal Procedure ( Now Bharatiya
Nagarik Suraksha Sanhita, 2023), the Indian Evidence Act(now The Bharatiya Sakshya
Act, 2023 (BSB)), and the Narcotic Drugs and Psychotropic Substances Act, 1985. 34
These laws regulate the collection, preservation, analysis, and presentation of forensic
evidence in courts. Forensic science law in India also includes the legal framework for
forensic experts and their testimony in court. The law requires that forensic experts be
trained and qualified in their respective fields and that their testimony be objective,
impartial, and based on sound scientific principles. In 2005, the Code of Criminal
Procedure, 1976 was amended to allow for the collection of various medical information
from suspects at the time of their arrest, expanding the scope of permissible evidence
33
ANI, ‘India's state forensic labs expanding infrastructure on back of rising demand for DNA Testing’
Business Standard (16 May 2019). [Link]/article/news-ani/india-s-state-forensic-labs-
expanding-infrastructure-on-back-of-rising-demand-for-dna-testing-119051600921_1.html.
34
Ambily P., Ashna D. “Faulty Foundations : A Socio-Legal Critique of the Regulation of Forensic Science
Laboratories in India”, 7.2 NLUJ LR (2021) 191.
12
gathering.35 According to Section 53 of the Criminal Procedure Code of 1976 (Sec 51
of BNSS, 2023), there are valid grounds to believe that conducting a medical examination
of an arrested suspect will provide evidence related to the crime. In 2005, the scope of
items eligible for examination was expanded to include a broader range of biological
materials such as blood, blood stains, semen, swabs (in sexual offense cases), sputum,
sweat, hair samples, and fingernail clippings. This expansion was made possible through
the application of modern scientific techniques, including DNA profiling and other tests
that are considered appropriate by the responsible registered medical practitioner
overseeing the particular case36. Some doctors may not be able to gather and store DNA
evidence properly, raising questions about whether all doctors can. The reliability of
DNA evidence relies entirely on the quality of the sample and its storage conditions. The
sample might get contaminated via ignorance or carelessness, rendering it useless 37. Sec
164A of CrPC ( Sec 184 of BNSS) govern Medical examination of the victim of
rape ,Section 293 of CrPC ( Sec 329 of BNSS) Facilitates the admissibility of forensic
reports as evidence without requiring the presence of the expert in court unless disputed
and Sections 53 and 53A of CrPC are used for DNA profiling of the convicted (Sec 51
and 52 of BNSS). The legislation about ‘fingerprints’ is expressly protected by several
provisions of the Identification of Prisoners Act, 1920. The forensic report is treated as
an "opinion offered by an expert" under sec 45 of the Indian Evidence Act, of 1872
( sec 39(1) of BSA, 2023). A specialist is someone who has acquired extensive
knowledge in a particular field by study, experimentation, and/or practical application. He
is an expert in the topic since he has studied that area extensively and has gained
extensive practical experience38. An expert's testimony will have more weight if the tools,
methods, and materials used to reach their conclusions are described in detail. However,
the court need not agree with the expert's findings to reach a verdict; it may instead rely
on other evidence presented to it.
The DNA Technology (Use and Application) Regulation Bill, 2019 is a proposed
legislative measure in India that aims to govern the utilization of DNA technology for
diverse objectives, such as criminal inquiries, identification of absent individuals, and
35
Math SB. Supreme Court judgment on polygraph, narco-analysis & brain-mapping: A boon or a bane. The
Indian journal of medical research,2011:134(1):4.
36
Medam M. Forensic Technology: The Future of Investigation. Jus Corpus LJ,[Link].
37
van Oorschot RA, Szkuta B, Meakin GE, Kokshoorn B, Goray M. DNA transfer in forensic science: a review.
Forensic Science International: Genetics,[Link]- 66.
38
Chand S. Essentials of Forensic Medicine and Toxicology: Essentials of Forensic Medicine and Toxicology:
Elsevier Health Sciences, 2019.
13
determination of paternity. The document comprises clauses for the creation of both
national and regional DNA databases, the gathering and examination of DNA specimens,
measures to ensure consent and privacy protection, the certification and regulation of
quality control, and the availability of DNA information. But the bill was withdrawn from
Lok Sabha on July 24, 2023 as the main provisions of the DNA Technology Bill were
already covered in the Criminal Procedure (Identification) Act, 2022.39
CASES SOLVED BY THE USE OF FORENSIC SCIENCE
Tandoor Murder Case (1995) Delhi,40 this was the first criminal case in India solved by
the help of forensics. In this case Shusil Sharma murdered his wife by firing bullets in to
her body because of the misunderstanding that she had illicit relationship with her
classmate and fellow congress worker Matloob Karim. After committing the sinful act he
took her body in his car to the Bagiya restaurant, where he along with the manager of
restaurant Keshav Kumar attempted to burn her in a tandoor there. Police recovered
Sharma’s revolver and blood-stained clothes and sent them to Lodhi Road forensic
laboratory. They also took blood sample of Sahni's parents, Harbhajan Singh and Jaswant
Kaur and sent them to Hyderabad for a DNA test. Lab reports Confirmed that the body
was that of wife of shusil sharma, the DNA report said, "The tests prove beyond any
reasonable doubt that the charred body is that of NainaSahni who is the biological
offspring of Mr. Harbhajan Singh and Jaswant Kaur." And finally Mr. Shusil Sharma was
found guilty with the help of forensic evidences.
The Aarushi Talwar murder case41 revolves around the mysterious 2008 killings of 14-
year-old Aarushi Talwar and the family’s domestic help, Hemraj Banjade, at the Talwars'
home in Noida, India. Initially, the family’s live-in domestic help Hemraj Banjade was
seen as the prime suspect in the murder, but, a day later, Hemraj (45) was found dead on
the terrace of the same flat. Then suspicion fell on Aarushi’s parents, Rajesh and Nupur
Talwar, who were accused of honour killing. However, no forensic or material evidence
was provided to substantiate the claim. As the investigation continued, various forensic
test were conducted on the Talwars including narco-analysis tests, lie detector test. The
case attracted significant media attention and underwent multiple investigative turns,
39
The DNA Technology (Use and Application) Regulation Bill, 2019. PRS Legislative Research.
[Link]
%202018%20Bill.-,The%20DNA%20Technology%20(Use%20and%20Application)%20Regulation%20Bill
%2C%202019,to%20establishment%20of%20individual%20identity.
40
Sushil sharma v. State of Delhi (2014) 4 SCC 317.
41
Dr Rajesh Talwar & anr vs. CBI: 2013(82) ACC 303.
14
including conflicting findings by the Noida Police and the Central Bureau of Investigation
(CBI). In 2013, the Talwars were convicted and sentenced to life imprisonment.
However, the Allahabad High Court overturned their conviction in 2017, citing
insufficient evidence and unreliable investigation, leaving the case officially unsolved but
widely debated.
The Sushant Singh Rajput (SSR) case,42 following the actor's untimely death in June 2020,
sparked widespread controversy and public interest in India. Initially ruled a suicide, the
case took a dramatic turn with allegations of foul play involving his girlfriend, Rhea
Chakraborty, who faced accusations of abetment to suicide and misappropriation of
funds. Forensic science played a pivotal role as multiple agencies, including the Mumbai
Police, Central Bureau of Investigation (CBI), Narcotics Control Bureau (NCB), and
Enforcement Directorate (ED), probed the case. The forensic examination of SSR’s
autopsy and viscera reports, along with AIIMS forensic panel findings, concluded no
evidence of murder, supporting suicide as the cause of death. Additionally, digital
forensics unearthed financial transactions and drug-related chats implicating Rhea and
others, leading to her brief arrest under narcotics charges. The case highlighted the critical
role of forensic science in complex investigations.
The Mundka factory fire case refers to the tragic blaze that erupted on May 13, 2022, in a
commercial building in Delhi’s Mundka area, killing at least 27 people and injuring
several others. The fire broke out due to suspected electrical malfunctioning and spread
rapidly in the poorly ventilated building, which lacked safety measures like fire exits.
Forensic science played a critical role in the aftermath, particularly in identifying the
charred bodies through DNA analysis, as many victims were burned beyond recognition.
Samples were collected from the remains and matched with DNA provided by relatives,
ensuring accurate identification of the deceased. Forensic experts also investigated the
fire’s origin and causes, highlighting violations of safety protocols. The case underscored
the vital role of forensic science in disaster response and accountability.43
In Anil @ Anthony Arikswamy Joseph v. State of Maharashtra44, where a 10 yr boy was
murdered by strangulation after carnal intercourse solved with the taking help of DNA
profiling by taking samples from the semen collected from the pants and anal area of the
boy and oral pieces of evidence, the accused was sentenced for death.
42
Krishna Kishore Singh vs. Sarla A Saraogi & Ors (2021) 88 PTC 40.
43
2022 Delhi fire. (2023, September 1). In Wikipedia. [Link]
44
Anil @ Anthony Arikswamy Joseph vs State Of Maharashtra 2014 AIR SCW 1334.
15
Nitish Katara was a murder case 45where the identification of the deceased victim was
difficult to even by the parents as the body was completely burned except a small part of
the hand. When the DNA profiling was done and matched with that of the parents the
body could be identified leading to the sentence of life imprisonment of the accused .
CONCLUSION
The integration of forensic science into the Indian criminal justice system has proven
indispensable in modern investigations, bridging the gap between evidence collection and
judicial decision-making. Forensic techniques such as DNA profiling, toxicology, and
digital forensics have significantly enhanced the precision of criminal investigations, as
seen in landmark cases like the Tandoor murder and Mundka factory fire incidents.
Despite its potential, challenges such as inadequate resources, lack of trained
professionals, and slow processing times hinder its full efficacy. By addressing these
issues through increased investment, legal reforms, and skill development, forensic
science can further revolutionize crime-solving and ensure justice. The continued
evolution of this field underscores its importance in upholding the rule of law,
safeguarding innocent lives, and delivering fair outcomes.
45
Vishal Yadav v. State of UP, 2014 SCC OnLine Del 1373.
16
17
