forensic science :at glance

AUTHOR NAME:-              MAHENDRA SUBHASH KHAIRNAR

AUTHOR’S ADDRESS:-   R. NO. 1388, MHB SATPUR COLONY,    NASHIK-422007

                                                Mob. 9371250023

ABOUT THE AUTHOR:-

 STUDENT OF LL. M. II DEPT. OF LAW, UNIVERSITY OF PUNE,  WITH SPECILIASED SUBJECTS- ADMINIATRATIVE LAW AND HUMAN RIGHTS, WRITING DISSERTATION IN HUMAN RIGHTS, PARTICIPATED IN SEVERAL ACADEMIC ACTIVITIES SUCH AS MOOT COURT, ESSAY AND DEBATE COMPETITIONS AT STATE AND NATIONAL LEVEL, PRESENTED PAPER ON HUMAN RIGHTS IN ‘WORLD PEACE CONFERNACE’ HELD IN MIT, PUNE-2006 (UNESCO CHAIR).

ARTICLE TITLE:-        ‘FORENSIC SCIENCE: AT GLANCE’

SYNOPSIS OF ARTICLE:-

INTRODUCTORY

HISTORICAL BACKGROUND

INDIAN SCENARIO

STATUTORY RELEVANCE

PRINCIPLES

FORENSIC SCIENCE: AT GLANCE

MAHENDRA SUBHASH KHAIRNAR*

Forensic science is primarily concerned with the application of scientific principles for the investigation of the crime. It is essentially a crime-laboratory based profession. A forensic scientist analyzes all physical evidence found on a victim on the scene of a crime and compares it to evidence found on suspect and provides expert testimony in the court of law. Forensic science is not a discipline or branch of science, but it is a catch-all for many distinct disciplines.  It is broadly grouped in to three categories viz. Medical, Laboratory and Field science.

Ø      Medical subject includes- Forensic Pathology, psychology, Forensic medicine etc.

Ø      Laboratory science includes- Chemistry, Biology, Toxicology, Finger prints, marks and impressions etc.

Ø      Field science includes- Crime scene investigation which incorporates areas such as fire and explosion scenes, etc.

The design of present paper is to give introductory overview of the ‘forensic science’ with special regard to its statutory bases and principles evolved through criminal investigation. This helps to get acquainted with the term ‘forensic science’ because author here tried to clear primary meaning so as to vindicate legal aspects of forensic science and how it relates to the criminal jurisprudence. If this paper helps to generate interest of reader in forensic science and its legal perspective for the deeper view author request to reader to go through the other study material.

*LL.M.II, Dept. of Law, University of Pune, Pune

 The word ‘’Forensic’ comes from the Latin adjective ‘forensis’ – meaning that ‘of or before the forum’. During the time of the Romans, a criminal charge mean representing the case before a group of public individuals in the forum. Both the parties put their case before group of public individuals in the forum. The person with the sharpest ‘forensic’ skills would win. This origin is the source of two modern usages of the word ‘forensic’, 1. As a form of legal evidence and  2. As a category of public presentation. However with the changing procedure of administration of justice, Forensic science is consider as the application of a broad spectrum of science to answer questions of interest to the answer questions of interest to the legal system. This may be in relation to a crime or to a civil action.

Forensic scientists developed the principles and techniques required to identify and compare physical evidences and merging those principles and practically applied to a criminal justice system.

INDIAN SCENARIO

The society is undergoing drastic change due to industrial, economical, and social changes at very rapid pace. These changes have made the old technique of criminal investigation redundant. The criminal is using science and the crime techniques are getting refined. The Investigating Officer, therefore, needs scientific methods to combat the modern scientific criminals.

STATUTORY RELEVANCE

It is necessary that there should be statutory base to every development which provides legal foundation to it. Certain Indian statutes acknowledges such scientific developments thereby it can be used in furtherance of justice. These statutory provisions are discussed here in the light of Forensic science.

 CONSTITUTION OF INDIA

Art. 20 (3)[1] which provides for right against self incrimination. But the question arose was that whether ‘taking of fingerprints, footprints, photographs, measurements, handwriting etc. does amounts to self-incrimination’?. However Supreme Court in State of Bombay v Kathi kalu[2] held that, ‘the above type of clue materials become evidence only after their evaluation and the evaluation instead of helping the prosecution may help the accused.

INDIAN EVIDENCE ACT, 1872

Section 45[3]  Which speaks for ‘Expert Evidence’.

Expert opinion on the point of, foreign law, Art, Science, Handwriting, Fingerprints. Experts are those who are ‘specially skilled’. The term has not been defined but by convention it is acquired through ; basic education, training, experience, research, participation in scientific gatherings, publications of Research Reviews, case histories, books. The expert evidence which is an outcome of scientifically tested and commonly accepted process. This helps to analyze the physical evidence scientifically and by expertise ultimately it helps the court to come to valid and scientific conclusion.

Section 46[4] Facts bearing upon opinions of experts.

It means through the scientific research of various physical evidences and the conclusion drawn by the scientists can be tested in the court of law. Such opinion of experts are based on certain scientific principles and techniques.

Section 51[5] of the Act provides that, An expert may give an account of experiments performed by him for the purpose of forming his opinion.

For ascertaining the truth ness of the results of Forensic tests such an expert can be asked for the experiments he has conducted and its scientific validity.

Section 73[6] of the Act provides for analyzing or comparing signature, writing or seal of suspicious person or the person who have to have been written for the purpose of enabling the court to compare the words.

CODE OF CRIMINAL PROCEDURE, 1973

Section 292 and 293[7], these sections provides for: It specifies the government experts who are exempted from personal appearance. Describes modes for personal attendance of the experts for additional evidence etc. for cross-examination, elucidation or additional related evidence.

a)                  Fixes no limitation on the natural extent of the contents of the reports.

THE IDENTIFICATION OF PRISONERS ACT,

The Sec 2-6 of the Act are relevant to the expert evidence. They provide legal sanctions for obtaining specimen evidence  from the suspects/accused/convicts.

Forensic science is becoming inevitable in the distribution of justice because of the failure of the old order, excellence and reliability of its tools and techniques and the ever availability of the wherewithal of its assistance. It should be adopted if our criminal justice system has to serve the society effectively.

            All the above statutory and procedural provisions show how evidence produced through the use of forensic science can relate and produce in the court of law. Emergence of modern context of he word ‘forensic’ is nothing but form of ‘legal evidence’-which ultimately helps to trace the chain of crime and clues left behind by the criminal.

PRINCIPLES

Study of Forensic science helped a lot in the development of criminal jurisprudence. The major contribution of Forensic science in criminal jurisprudence is the recognition of some principles which are developed at the backdrop of thorough research and analytical study of criminal activities or the ways used (modus operandi) for such wrongful acts.

These Principles Are As Follows:

1. LAWS OF  INDIVIDUALITY

Every object whether natural or man-made has an individuality which is not duplicated in any other object. It is unique. The individuality due to small flaws in the materials, in the arrangement of crystals etc.

 e.g. millions of prints have been checked but no two fingerprints, even from two fingers of the same persons have been ever found to be identical. Anything and everything involved in a crime has individuality.

2. PRINCIPLES OF EXCHANGE-

The French Scientist, Edmond Lovard, first enunciated it. He said, “whenever two entities come in contact, there is an exchange of traces mutually”- this is the principle or law of exchange.

A mutually exchange of traces takes place between criminal, the victim and the objects involved  in the crime.

3. LAWS OF FORENSIC CHANGES

‘Everything changes with the passage of time’.

The criminals undergo progressive changes. If he is not apprehended in time, he becomes unrecognizable except perhaps through his fingerprints, etc. the scene of occurrence undergoes rapid changes. The principle therefore demands prompt action in all aspects of criminal investigation.

4. PRINCIPLE OF COMPARISON

‘Only the likes can be compared’.

It emphasizes the necessity of providing like samples and specimens for comparison with the questioned means. By comparison unique qualities of collected samples are tested.

5. PRINCIPLES OF ANALYZES

‘The analysis can be no better than the sample analyzed’. It emphasizes the necessity of correct sampling and correct packing for effective use of experts. This helps to forensic scientist to analyze the available data through the scientific techniques.

6. LAW OF PROBABILITY

All identifications, definite or indefinite or are made consciously or unconsciously on the basis of probability.

            It is a mathematical concept. It determines number of ways in which the event can successfully occur and the number of ways in which it can fail.

7. FACTS DO NOT LIE

‘Facts do not lie, men can do.’ The importance of circumstantial evidence vis-à-vis oral evidence. The forensic science based on physical evidences gathered from the place of incidence such facts though intentionally kept to mislead the investigation are in position to tell the truth.

            This principles which emanated from continuous experimentation, observation and intellectual churning brought sea change in the criminal jurisprudence. Therefore this upturn definitely contribute towards criminal investigation and legal system to decide the matter for the sake of ‘rule of law’. This new dimension of criminal jurisprudence debilitate the defense so as he can not evade the culprit from the punishment. Also this evolved to put arguments based on scientific evidences i.e. to place good forensic skill.