FORENSIC SCIENCE: A KEY IN CRACKING THE CRIME PUZZLES
Keywords:
Ballistics, Biological Material testing, Chemical examiners laboratory, DNA fingerprinting, Estimation, Forensic Odontology, Forensic Pathology, Forensic Science, Medical Toxicology, Polygraph (lie detector), Serology, Sex determinationAbstract
Today normal criminal behaviour has been transformed into electronic criminal behaviour relating to cyber crimes. So for combating such types of crimes, the ordinary and obsolete method of crime-detection is not tenable in the present day circumstances. For detection of such types of modernised crimes, forensic science is a must. With the steadily increasing crime rate, it becomes imperative that crime investigating agencies are equipped with all available resources that can help them solve crimes at an accelerated pace and here it is pertinent to mention that forensic science forms an important part of this process. The criminal Procedural law and evidence law should be amended to make it mandatory for the forensic scientists to visit the scene of the crime to collect such clue materials as blood-stains on clothes etc. suspected poison containers, and so on.
References
1. Prof. (Dr.) P. Chandrasekharan, “Forensic Sciences in Criminal Investigation” at Encyclopaedia of Police in India, pp.1860 - 1862.
2. AIR 1979 SC 1708.
3. Gross, Criminal Investigation, 5th edn., Universal Law Publishing, p.7.
4. B.R. Sharma, Scientific Criminal Investigation, Universal Law Publishing, New Delhi, p.4.
5. B.R. Sharma, S cientific Criminal Investigation, Universal Law Publishers, p.5.
6. http://www.law.forensic.com accessed on 29-9-2010 at 8pm.
7. (2003) Cri.LJ, Journal Section, p.43.
8. Alex Samuel and Dr. Swati Parikh, DNA Test in Criminal Investigation and Paternity Disputes, p.256
9. AIR 1971 SC 1864
10. AIR 1976 SC 91
11. AIR 1993 SC 1873
12. AIR 1997 SC 3812: (1997) Cri.LJ 4420
13. AIR 1998 SC 260
14. AIR 2000 SC 1812
15. AIR 2001 SC 1324
16. (2003) Cri.LJ Journal Section, p.44.
17. See generally the Crime in India, 2018, National Crime Records Bureau, Mi nistry of Home Affairs.
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19. Alex Samuel and Dr. Swati Parikh, DNA Test in Criminal Investigation and Paternity Dispute (2000), p.67 NJCL (2020) 61–80 © Law Journals 2020. All Rights Reserved Page 79
20. Some examples of interchange between Scene, Suspect and Victim include: (a) Blood– drops on floor, suspect clothing, etc. (b) Hair – pulled from victim or suspect (c) Finger Impressions – victim on suspect (d) Foot wears impression – suspect on the scene (e) Soil material – from scene on suspect’s shoes (f) Dust, dirt debris – from sce ne on the suspect’s clothing, etc. (g) Vegetation or flora– from scene on t he suspect’s vehicle, clothing etc. (h) Material item (cigarette, watches, buttons)– suspect on the scene.
21. Evidence can come in any form. Some typical kinds of evidence that an investigator might find at a crime scene includes: (a) Trace evidence (gunshot residue, paint chips, broken glass, unknown chemicals, drugs) (b) Impressions (fingerprints, footprints, bite marks, tyre tracks and tool marks) (c) Body fluids (blood, semen, saliv a, vomit) (d) Wood, soil and vegetation (e) Petroleum products (f) Hair and fibers (g) Weapons and firearms evidence (knives, guns, swords, bulletholes, cartridge case) (h) Bomb Fragments/explosives and shrapnels (i) Narcotics and poison residues (j) Powde r residue (firearm discharge residues) (k) Questioned documents (diaries, s uicide note, phone books; also includes electronic documents like answering machines and caller ID units).
22. These basic steps or tasks are as follows: 1.Securing the scene 2.Recordin g the scene3. Interview of witness4. Search for evidence 5. Collection and packing6. Forwarding evidence to F.S.L 7. Maintaining chain of custody
23. Investigator should take following steps while securing the crime scene: (a) Take control of scene on arriva l (b) Assist the victim by giving medical attention (c) Search and arrest the suspect if still on the scene (d) Touch nothing unless it has been photographed, measured and documented (e) Protect the crime scene by using barrier tape, rope, police barriers, or some other means (f) Ensure adequate scene security (g) Care should be ta ken that within the boundaries people should not smoke, eat or drink (h) Remove unnecessary individuals from the scene (i) Identify and gather witnesses, if any.
24. In crime scene photography there are three general positions orviews which are necessary: (a) Taking overall view showing the condition of the entire scene including the doors and windows (b) Mid - Range photographs showing important objects and its immediate surroundings (c) A close up photograph showing the specific detail of the evidencetaken in all necessary angles depicting the location and condition so that they be able to reproduce themselves in terms of size, shape and colour. One close up picture should be taken sho wing the item as it actually appear and another of the same item at the same place with a ruler.
25. Certain important points to be considered while making a sketch: (a) Sketch should be prepared at the site only and should not depend on the memory to be compl eted afterwards (b) The exact locations of objects are determined by distanc e measurements(c) Take all measurements with equal accuracy (d) The distance must be measured exactly by tape (e) Direction should be indicated with the help of a compass (f) The s ize and dimensions of the area or building should be measured (g) It should sho w and locate important objects at the scene (h) Do not include obviously irrelevant things in the sketch (i) Show the scale on the sketch (j) Objects are indicated by the assign ment of letters, which are then referred to below the sketch with a description of the item.
26. They include the detail description of the scene. Notes should cover the following aspects of the crime scene: (a) Day, date, time and location (b) Who was present at the scene when the first officer responding arrived (c) General descriptions of the scene and its surrounding area (d) Weather and lighting conditions on arrival (e) Doors and windows opened or closed (f) Odour if any present (g) Note any furniture out of place to ensure the signs of struggle (h) Names of victim and witness with their statements (i) Location and condition of the evidences present (j) Detail note about the position and Forensic Science: A Key in Cracking the Crime Puzzles N. Krishna Kumar NJCL (2020) 61–80 © Law Journals 2020. All Rights Reserved Page 80 condition of the dead body, nature and number of injuries if any (k)
27. Some commonly encountered evidences are collected and packed in following ways: (a) Blood stain if on large object, moistened the sterile swab with distilled water and swab the stained area. Take swab from the area close the blood stain also, both swabs should be air dried. Pack in the solid container, avoid plastic containers. If blood stain is on clothing, the stained area should be cut, air dried and packed in paper bags. (b) Seminal Stains if wet the article should be air dried thoroughly, wrap the st ained article in paper bags. (c) Hair and fiber should be closely searched and whenever possible submit the article on which hair and fiber are found. If not possible individual fiber or hair should be picked with the help of tweezers and forceps and packed in separate envelops. Control samples for hair should include combed and pulled hairs from the head and pubic region. These hairs should be placed in a clean folded piece of paper or an envelope. (d) Documents should be packed in plastic sheet protector, they should not be handled with bare hands, and care sh ould be taken not to mark, alter or deface it. (e) Glass particles should be collected properly and carefully with the help of forceps, place them in solid containers, and never use loose envelopes. ( f) For clothing and fabrics do not expose the wet item to excessive heat. Allow the wet item to air dry naturally by hanging it on a clean hanger or on a clean surface. The clothing should be packed in a clean paper bag, don’t use plastic bags.(g) The arti cles containing the fingerprints and footprints must be t ouched as little as possible. Plastic impressions are usually photographed but may also be cast with a casting material to lift the impression. Latent fingerprint impressions require some sort of dev eloping technique to be seen by the naked eye which are t hen lifted and photographed. (h) Bite marks are found many times in sexual assaults and can be matched back to the individual who did the biting, for this they should be photographed with all necessa ry angles and view. If the bite mark has left an impression then may be a cast can be made of it. (i) Paint fragments should be collected in a paper packet and placed in an envelope . Thus following types of information is needed to establish the chain of c ustody: (a) Name or initials of the individual c ollecting the evidence and each person subsequently having custody of it (b) Date when it was collected and transferred (c) Case number and type of crime. (d) Victim’s name (e) Brief description of the item (f) This information serves to prove the chain of custody to the court and assists in admitting the items into evidence.
28. Ganga Ram v. State, AIR 1955 NUC 3862 (MB)
29. Khedia v. Mst. Turia, AIR 1962 Pat. 1420
30. L. Choraria v. State of Maharashtra, AIR 1968 SC 938: 1968 SCA 682.
31. Sajeevan v. Kerala State, 1994 C ri.LJ 1316(Kerala)
32. Appu v. State of Kerala, 1990 Cri.LJ 36 (Kerala)
33. AIR 1963 SC 1074
34. 1999 Cri.LJ 3972: AIR 1999 SC 2562
35. 1991 Cri.LJ 978
36. (2002) Cri.LJ, Journal Section, p.99.
37. Indian Evidence Act.
38. Alex Samuel and Dr. Swati Parikh, DNA Test in Criminal Investigation and Paternity Dispute.
39. “Admitting Doubt: A New Standard for SC Evidence”, Harvard Law Review, Vol.123, June 2010, No.8, pp.2021-2042. Cite this Article N. Krishna Kumar . Forensic Science: A Key in Cracking the Crime Puzzles . 3(1): 61–80p.
