Index of Authorities-

S. No. Case Citation

1. Dinesh Dalmia v. State 2006 Cri. L. J 2401.

2. Ramchandra Reddy and Ors. v. State of 2004 All MR (Cri)
Maharashtra 1704.
3. Selvi & Ors v. State of Karnataka & Anr. AIR 2010 SC 1974.
4. State of Bombay v. Kathi Kalu Oghad & Others AIR 1961 SC 1808.

S. No. Statutes
1. Indian Medical Council Act, 1956
2. The Code of Criminal Procedure, 1973
3. The Companies Act, 1956.
4. The Indian Evidence Act, 1972.

S. No. Miscellaneous
1. The Constitution of India, 1950.
2. The Universal Declaration of Human Rights, 1948.
Introduction:
We are living in a world of knowledge revolution. The knowledge revolution has
resulted in technological advancement leading to a drastic rise in the crime rate in
India. With an increase in crime rate, the need to administer instant justice to the
victims of the crime and their families is becoming the foremost duty of the Criminal
Justice System. To administer time bound justice and to punish a criminal is the most
important duty of the court. The growing significance of science and its application
in crime investigation has paved an easier path for scientific investigation and
administering justice in the right place and at the right time. For every case that is
being tried in the court of law, scientific evidence is required to prove the innocence
of the suspect or to punish him according to the law. To make the task easier, the
Criminal Justice System is looking towards giving scientific conclusions to cases and
the branch of science which is helping in the application of scientific principles for
effective administration of Criminal Justice system is called Forensic Science.
Forensic science is a multidisciplinary science which helps in proving cases with
scientific evidences. Evidence recovered from a crime scene tells its own tale and
leads the investigator to the victim, suspect or people involved in the crime. A
bloodstain, a seminal stain in sexual assault, a forged signature in document, a hair
sample, skeletal remains recovered from crime scene, a morphed photograph, a fired
weapon, a broken glass, a narcotic drug, a visceral sample collected after autopsy, a
fingerprint on a tea cup found in the crime scene and many more evidences can help
the police reach the suspect. The present paper focuses on the significance of
Forensic Science in effective administration of Criminal Justice system in India.
Definition:
Forensic science is the use of science in the service of the law. Sciences used in
forensics include any discipline that can aid in the collection, preservation and
analysis of evidence such as chemistry (for the identification of explosives),
engineering (for examination of structural design) or biology (for DNA identification
or matching).A forensic scientist is expert in any technical field and can provide an
analysis of the evidence, witness testimony on examination results, technical support
and even training in his or her specialized area.

Analysis of forensic evidence is used in the investigation and prosecution of civil and
criminal proceedings. Often, it can help to establish the guilt or innocence of possible
suspects. Forensic evidence is also used to link crimes that are thought to be related
to one another. For example, DNA evidence can link one offender to several different
crimes or crime scenes (or exonerate the accused). Linking crimes help law
enforcement authorities to narrow the range of possible suspects and to establish
patterns of for crimes, which are useful in identifying and prosecuting suspects.
Forensic scientists also work on developing new techniques and procedures for the
collection and analysis of evidence. In this manner, new technology can be used and
refined not only to keep forensic scientist on the cutting edge of science, but to
maintain the highest standards of quality and accuracy.

Forensic analysis is usually carried out by experts working individually or in teams.

Advanced techniques often require laboratories where the investigative conditions
can be carefully controlled and monitored. Private laboratories and government
agencies support small and large forensic labs. Analysis of forensic evidence is used
in the investigation and prosecution of civil and criminal proceedings. Often, it can
help to establish the guilt or innocence of possible suspects. Forensic evidence is also
used to link crimes that are thought to be related to one another. For example, DNA
evidence can link one offender to several different crimes or crime scenes (or
exonerate the accused). Linking crimes helps law enforcement authorities to narrow
the range of possible suspects and to establish patterns of for crimes, which are useful
in identifying and prosecuting suspects.
Types of Forensic Evidence:
i) Biological Evidence:
In examining biological evidence, forensic scientists use tools both at the scene, and
in the lab. When a forensic scientist arrives at a crime scene, he may look for human
remains, blood or other bodily fluids and collect samples of any that are found.
Because not all bodily fluids (particularly those that have been cleaned up after) are
visible to the naked eye, the scientist can use the chemical Luminol to show latent
traces of blood. Where large quantities of blood are present, an expert in blood spatter
analysis can examine the patterns and size of the bloody areas to determine
information such as the trajectory of the blood. This data can help an investigator
deduce what type of weapon was used, or where the perpetrator and victim were
standing during the attack.

ii) DNA Evidence:

DNA evidence uses the unique genetic markers that identify individuals to determine
whether a person was at a scene, or to identify a piece of property as belonging to a
specific person. In order to identify an individual's DNA it must be extracted from a
piece of property that a person has had contact with, and has left a bodily fluid such
as semen, blood or saliva on. The scientist performs tests that identify genetic
markers and create a profile that is unique to that person, and can be compared to a
sample taken from any individual. Scientists may also attempt to get enough blood
from evidence to conduct toxicology testing, to determine the presence of alcohol,
drugs, poisons or chemicals.

iii) Trace Evidence:

Trace evidence is found where two objects have made contact with each other. When
a person or an object touches another object, some 'trace' of the two will be
exchanged. This is the theory behind the analysis of fingerprints, tire and footprints,
and fiber analysis. Technicians lift fingerprints from surfaces by dusting the area with
a powder which sticks to the oils in the fingerprint. She then employs fingerprint
lifting tape to take the print from the surface to the lab, where it can be analyzed. In
the case of a footprint, tire track or other pattern that was left in an outdoor area, a
forensic scientist can fill in the depression with plaster, which can be removed after it
sets up. The casting is taken to a lab where it is stored until needed, or compared
against a known sample, such as a suspect's shoe.
iv) Ballistics:
Some forensic scientists specialize in the field of ballistics testing. Ballistics is a
science that involves the science of the flight path that a bullet takes as it travels to its
target. Trained ballistics specialists can glean a tremendous amount of information
about the type of weapon that was used, the path of the bullet and more through the
examination of the bullet itself. Guns produce a specific pattern of wear and grooves
on bullets as they are fired, and this pattern is unique. By examining the bullets and
test-firing weapons, an investigator can frequently either identify the type of firearm
that was used, where it was fired from, or even match the bullet with a specific
weapon.

v) Forensic Psychology:
There are certain steps to be followed in psychological evaluation, which includes:

a) Psychological profiling - It is the study of the psychological background of the

person. This is done for the complete understanding of the individual. It consists of
the following: a) Personal History: Family, childhood behaviour, education,
occupation, health, sex marriage, emotional and fantasy life, habits, moral life alcohol
or substance use, religious and other cultural ballets, interpersonal and social
relationships. b) Mental Status Examination: Presence of psychiatric and neurological
symptoms, abnormality in orientation, attention, concentration, memory, speech,
perception, mood, thought processes, judgement, incite and other behavioural
manipulations are assessed.

b) Psychological assessment - This assessment helps us to understand the personality,

attitudes, beliefs, moral values, behavioural patterns of the individuals and specially
their tendency to commit crimes. Assessment also aims at cheching for the presence
or absence of various forms of abnormal behaviour and personality disorders that can
lead to criminal behaviour. It also reveals a person’s tendencies to lie, fake,
manipulate, put himself in good or bad light etc. especially in a standard social
situation.

c) Polygraph - It measures physiological responses produced by inducing stress by

asking questions. This is done by:
• Verifying the veracity of statements of suspect, witness and complainant in crimes.
• Economize the process of investigation by creening large number of suspects.
• Corroborates or rules out the possibility of someone’s involvement and helps
investigation.
• Variety of testing formats available based on the nature of case and information
available.

d) Brain Electrical Oscillation Signature Profile (BEOS) - This was developed by Dr.
Mukundan based on the concept of Experiential Knowledge (EK). EK is the memory
acquired when an individual participates and is fully involved in an event (Crime)
which becomes an experience. Probes related to the crime activates memory (EK)
related to the experience of committing the crime causing significant electrical
changes in the brain.

e) Narcoanalysis - It is an invasive technique in which sodium pentothal, a drug is

injected to the subject to induce a semiconscious state and disinhibition and he is
interviewed on the details of the crime. Sodium Pentothal removes conscious control
and makes the person disinhibited. It makes him more relaxed, comfortable, open,
free and conversant. Narcoanalysis is conducted at an operation theatre with the
necessary facilities for life support wherein the psychologist injects the drug and
retrieves vital physiological parameters and forensic psychologist conducts the
interview.
Legal Provisions:
In India, the application of forensic science to crime investigation and trial has to
stand the limitation of law. The predominant questions therein are:
a) What is the constitutional validity of such techniques?
b) To what extent does the law allow the use of forensic techniques in crime
investigation?
c) What is the evidentiary value of the forensic information obtained from the
experts?

Articles 20(3) of the Indian Constitution provide that no person accused of any
offence shall be compelled to be a witness against himself. Article 20(3) is based
upon the presumption drawn by law that the accused person is innocent till proved
guilty. It also protects the accused by shielding him from the possible torture during
investigation in police custody. Criminal law considers an accused as innocent until
his guilt is established beyond reasonable doubt. The Universal Declaration of
Human Rights, Article 11, states: "Everyone charged with a penal offence has the
right to be presumed innocent until proved guilty according to law in a public trial at
which he has had all the guarantees necessary for his defence."
Article 20 (3) of the Constitution of India guarantees fundamental right against self-
incrimination and guards against forcible testimony of any witness. The fundamental
right guaranteed under Article 20 (3) is a protective umbrella against testimonial
compulsion in respect of persons accused of an offence to be witness against
themselves. The protection is available not only in respect of evidence given in a trial
before Court but also at previous stage. The protection against self-incrimination
envisaged in Article 20 (3) is available only when compulsion is used and not against
voluntary statement, disclosure or production of document or other material10. This
right has been taken to ensure that a person is not bound to answer any question or
produce any document or thing if that material would have the tendency to expose the
person to conviction for a crime.

Sec. 73 of the Indian Evidence Act empowers the court to direct any person including
an accused to allow his finger impressions to be taken. The Supreme Court has also
held that being compelled to give fingerprints does not violate the constitutional
safeguards given in Art. 20(3).
There are questions as to whether forensic evidence violates Art. 20(3) of Indian
Constitution or not?

In State of Bombay v. Kathi Kalu Oghad & Others1, the court held that giving thumb
impression, specimen signature, blood, hair, semen etc. by the accused do not amount
to ‘being a witness’ within the meaning of the said Article. The accused, therefore,
has no right to object to DNA examination for the purposes of investigation and trial.

The Bombay High Court in another significant verdict in the case of, Ramchandra
Reddy and Ors. v. State of Maharashtra2, upheld the legality of the use of P300 or
Brain finger-printing, lie detector test and the use of truth serum or narco analysis.
The court upheld a special court order allowing SIT to conduct scientific tests on the
accused in the fake stamp paper scam including the main accused, Abdul Karim
Telgi. The verdict also maintained that the evidence procured under the effect of truth
serum is also admissible.

In a 2006 judgment, Dinesh Dalmia v. State3 , the Madras High Court held that
subjecting an accused to narco-analysis does not tantamount to testimony by
compulsion. However, in a subsequent case, i.e., Selvi & Ors v. State of Karnataka &
Anr.4, the Supreme Court questioned the legitimacy of the involuntary administration
of certain scientific techniques for the purpose of improving investigation efforts in
criminal cases. In the above mentioned case, the Supreme Court held that brain
mapping and polygraph tests were inconclusive and thus their compulsory
usage in a criminal investigation would be unconstitutional.

The Code of Criminal Procedure, 1973 was amended in 2005 to enable the collection
of a host of medical details from accused persons upon their arrest. Section 53 of the
Criminal Procedure Code, 1976 provides that upon arrest, an accused person may be
subjected to a medical examination if there are “reasonable grounds for believing”
that such examination will afford evidence as to the crime. The scope of this
examination was expanded in 2005 to include “the examination of blood, blood-
stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and
finger nail clippings by the use of modern and scientific techniques including
DNA profiling and such other tests which the registered medical practitioner thinks
necessary in a particular case.”

1
AIR 1961 SC 1808.
2
2004 All MR (Cri) 1704.
3
2006 Cri. L. J 2401.
4
AIR 2010 SC 1974.
However, the provision inserted through an Amendment in 2005 is limited to rape
cases only. This section also does not enable a complainant to collect blood, semen,
etc. for bringing criminal charges against the accused; neither does it apply to
complaint cases. In similar lines, Section 164A Code of Criminal Procedure, 1973
provides for the medical examination of a woman who is an alleged victim of rape
within twenty four hours and such examination includes the DNA profiling of the
woman. Both the sections authorize any medical practitioner within the meaning of
Sec. 2(h) Indian Medical Council Act, 1956 to collect a DNA sample. Question lies
as to whether every medical practitioner is capable to collect and preserve DNA
evidence. It is a well-known fact that DNA evidence is entirely dependent upon
proper collection and preservation of sample. Any simple mistake or unawareness can
contaminate the sample and contaminated sample is of no use.

Under Indian Evidence Act, 1872, forensic report is considered as “opinion” tendered
by expert. An expert may be defined as a person who, by practice and observation,
has become experienced in any science or trade. He is one who has devoted time and
study to a special branch of learning, and is thus especially skilled in that field
wherein he is called to give his opinion. The real function of the expert is to put
before the court all the materials, together with reasons which induce him to come to
the conclusion, so that the court, although not an expert, may form its own judgment
by its own observation of those materials. The credibility of an expert witness
depends on the reasons stated in support of conclusion and the tool technique and
materials, which form the basis of such conclusion. However, the court is free to
disagree with the conclusions drawn by the expert and rely on other evidences for the
purpose of decision.

The National Draft Policy on Criminal Justice Reforms5 has suggested that Indian
Evidence Act needs to be amended to make scientific evidence admissible as
‘substantive evidence’ rather than ‘opinion evidence’ and establish its probative
value, depending on the sophistication of the concerned scientific discipline.

5
Report of the Committee on Draft National Policy on Criminal Justice, Ministry of Home Affairs, Government of
India, July, 2007.
Conclusion:
In Indian scenario, there has been increased emphasis on the use of such technologies
in criminal investigation and trials. The Commissions appointed on reforms of
criminal justice have reiterated that the infusion of technology in crime detection can
help the system to function efficiently. The relevant laws have been amended from
time to time to make way for use of forensic technologies in crime investigation and
trial. Yet, it may be said that there are existent flaws in the laws which need to be
addressed. The courts are also reluctant to rely on scientific evidence due to their
restrictive approach, or certain inherent defects in the evidence as produced in courts
which deter them from relying on it entirely. The main motto of criminal justice
system is to provide fair justice. Undoubtedly, forensic evidence is more authentic
than ocular evidence. Forensic science being scientific evidence is a boon for
criminal justice system. We have to overcome the existing flaws to step forward.