FORENSIC SCIENCE: A BOON FOR CRIMINAL INVESTIGATORS

Abstract

Forensic Science, basically, includes the praxis of natural sciences and physical sciences to gain a lead or something crucial to the investigation, predominantly in criminal cases. The process of collecting, documenting and analysing physical evidence is very rigorous. Every step of the process plays a pivotal role in identifying the offender and solving that particular crime, be it rape, kidnapping, murder or a case related to narcotics. Under the Bharatiya Sakshya Adhiniyam, 2023, evidence is categorized into three parts. Oral Evidence (Section 55), Primary Evidence (Section 57), Secondary Evidence (Section 58) and Electronic or Digital Evidence (Section 61). This research probes into the heterogenous role of forensic science in criminal investigation, highlighting its stages, effectiveness and contributions. Findings from various literatures reveal the significant role of forensics and how it aids in higher conviction rates and exoneration of the guilt-free individual. The research also involves challenges that revolve around forensic investigation and how in today’s digital world, it plays a pivotal role in achieving fair and effective criminal law enforcement. Furthermore, the successful advancements in forensic technologies have led to the reopening of cold cases, many different types of analysis such as hair analysis, fiber analysis, blood splatter analysis, ballistic analysis, impression of footprints and tires, fingerprints and biometrics, and of course, DNA analysis have also come into existence.

Keywords– Forensic Science, Evidence, Criminal, Investigations, Justice System

Introduction

Forensic Science, primarily, includes the praxis of natural sciences and physical sciences to gain a lead or something crucial to the investigation, predominantly in criminal cases. The term Forensic has been derived from the Latin term, forēnsis, which means “of a forum, place of assembly”. Science stems from the Latin term scientia, meaning “knowledge”.  This concept of using forensic science to investigate criminals or convicts is not new, in fact, it has been there for years now, if we talk about how fingerprints were (are still) utilized as signatures and for identifying criminals in Kautilya’s Arthashastra. The first laboratory of forensic science in came existence in Calcutta on July 1^st, 1952 because of the former CM of West Bengal, Dr, B, C, Roy.  

In today’s world where mostly everything is digitalized, forensics plays a crucial role in the investigation procedure. Inclusive of gamut of disciplines, forensic science puts in scientific methods to inspect the evidence found in a crime scene. It helps the authorities to decide who committed the crime, how it was committed, where it was committed. It helps them know everything in a chronological manner which assists them in resolving the case using bona fide evidence so that no innocent is pronounced as guilty. All in all, Forensic Science, now, serves as a cornerstone of contemporary criminal investigations. Number of Central Forensic Science Laboratories have come into existence after CFSL Calcutta (biological sciences), they are, CFSL Hyderabad (chemical sciences), CFSL Chandigarh (physical sciences) and the CBI, New Delhi. All these investigation bureaus help the constabulary in solving the cases with ease. 

Research Methodology

This research adopts a research design that is qualitative. This study involves an in-depth analysis of secondary resources such as articles, journals, existing case laws, websites and has heavily relied on research papers related to the topic, the references of which have been included for your perusal. 

Review of Literature

1. “Revamping the British Era Laws: IPC, CrPC and Evidence Act” by Saloni Sharma and Arshdeep Singh (2023)

The authors, in this article, present a detailed and overarching analysis of the three significant bills in India (Bharatiya Nyaya Sanhita Bill,2023, Bharatiya Nagarik Suraksha Sanhita Bill, 2023, and Bharatiya Sakshya Bill, 2023) that replaced the British- era IPC, CrPC and Indian Evidence Act. It gives an overview of the key features and the significant amendments of the BNSS Bill.

Section 265(3) of the BNSS, 2023, allows for the statements of witnesses to be recorded using electronic media. Section 176(3), states the involvement of a forensic expert if the crime committed is punishable by more than 7 years. It also involves the video graphing of the entire procedure using electronic devices. This sections also states the utilization of Forensic Facilities. 

2.  “Forensic Evidence: Science and the Criminal Law” by Terrence F Kiely (2000)

The book explores the convergence of the world of law with forensic science. It covers a wide range of disciplines and their application in criminal investigations. Different types of forensic techniques such as hair analysis, ballistics and tool marks, fiber analysis, impression of footprints and tires, fingerprints and biometrics, blood splatter analysis, DNA analysis, etc. 

This book basically aims to provide a comprehensive understanding of how forensic evidence is collected, analyzed and presented before the Justice System.

3.  “The Key Role of Crime Scene Forensics in Solving Cases” by Vasile Catalin GOLOP (2023)

This article explores the driving forces that play a role behind the crime scene forensic investigation. The author talks about how forensic investigation at a crime scene is a rigorous process and states that all the processes have a consequential impact on the ensuing success of the solving the case, collection, recording, diagnosis of the evidence and also their collection. All these processes help establish the circumstances and events chronologically. These investigations provide the criminal judicial system with initial revelations about the crime to guide further investigations. Identification and incarceration of the offender is the primary objective of a crime scene investigation. The initial phases of crime scene investigations are cornerstones for the criminal judicial system. 

4. “The Growing Role of Forensic Science in Criminal Investigation: Admissibility in the Indian Legal System and Future Perspective” by Sameera Khan (2022)

Sameera Khan, in this article, elucidates the growing role of forensics in criminal investigations, how they assist in solving major problems occurring in the investigation. Different fields of forensic science under the Indian Judicial Criminal Jurisdiction exists such as:

• Forensic Entomology (covers the study of arthropods);
• Forensic Anthropology, primarily the study of human behaviour (has subdivisions- Forensic Osteology (“study of bones in individual and skeleton as a whole”), Forensic Archelogy (“the controlled assemblage and diggings of human remnants and other evidences from the scene of crime”), Forensic Taphonomy (“study of deviations occurring to the human remains at the time of and after the time of death, comprising of trauma, putrefaction and environmental alterations”));
• Forensic Psychiatry (defined as “a branch of psychiatry that deals with issues arising in the interface between psychiatry and the law”);
• Forensic Toxicology (study of poisons);
• DNA Profiling (fingerprinting);
• Digital Forensics (recovery and investigation of material found in digital devices); and 
• Ballistics (examination of firearms, bullets, gunpowder patterns, etc.).

Advancement in technology can quicken the growth of forensic science in India.  

5. “Forensic Sciences and Human Rights” by National Human Rights Commission India.

The book gives us a substantial review of literature that is relevant to forensic science and human rights. Indulia (2022) talks about the integration of forensic techniques within the Indian Criminal Justice System, about its impact and challenges. It also talks about the various organizational improvements within forensic science institutions. Importance of the upgradation of the forensic technology. Execution of the Nirbhaya Fund Scheme for boosting up DNA analysis labs, narcotics units, etc. Forensic mobile units are designed to facilitate proper collection of physical evidence. Focus on the quality and standardization of these forensic labs.

Stages of Forensic Investigation

There are certain stages that transpire from the moment of occurrence of a offence at a crime scene to, they are:

• Crime Scene. It is the very first and the most essential element. The place where a particular crime has taken place is called a crime scene. It is the first place where evidence is found after the police is informed. This is what opens up an investigation. A crime scene is not necessarily restricted to a single place, it can depend from crimes to crimes. 
• Crime Scene Management. After getting to the crime scene, it is important to secure it to avoid any contamination or tampering with the evidence. Afterwards, a systematic search of potential evidence is carried out and documented with the help of photographs, notes, etc.
• Analysis and collection of the evidence. The evidence collected from the scene is then analysed and identified and collected using correct methods for different types of evidence, for example, swabs for DNA, etc. 
• Lab Analysis. The collected evidence is sent to the laboratory to identify and match the samples to that of the potential suspects through various methods such as DNA Profiling, Fingerprint Analysis, etc. 
• Reporting. The findings of the evidence including their photographs are comprehensively written down to explain the methods and analysis of the investigation.
• Consideration of the law. It is necessary to obtain legal permissions to further collect more evidences and ensure that the procedures comply with the legal standards.
• Collaboration. Forensic scientists work together with law enforcement, medical examiners, legal professionals, etc to ensure a cohesive investigation.
• Reconstruction. Reconstruction of the scene is done using the evidence and advanced technology to establish a timeline of events.
• Testimony. For establishing credibility and reliability of the evidence, testimonies of experts (based on education, experience) is compiled.

Effectiveness of Forensic Science in Criminal Investigation

The effectiveness of forensic science and the credibility of forensic evidence has often been questioned and criticized. Nevertheless, we cannot just overlook the fact that it has assisted in solving of most notorious and heinous of the cases. Now, before we begin with the effectiveness, we need to know the dissimilarity about trace, clues and evidence. The fleeting remains of a crime scene that are yet to be made clear are traces. The data that is collected from these remains are clues which are less reliable. The clues that are taken into consideration by the court for the purpose of solving a case is evidence. Like mentioned above, evidence collected from a crime scene plays a pivotal role but only when its forensic analysis by experts is thoroughly done or else they are just mere, fleeting traces without any concrete ground. 

Forensic science uses scientific methods to reveal facts that are not visible to normal human eyes. With the advancements in technology which in turn leads to the advancement in forensic methodologies, it has considerably improved the ability of constabularies to solve crimes and ensure the integrity of legal proceedings. The most significant contribution of forensic science to criminal investigations is its ability to provide the law enforcement agencies with credible evidence collected and thoroughly analysed through scientific methods such as DNA Profiling, Forensic Toxicology, Fingerprint Analysis, Footprints and Tire Impressions, etc. These methods make it easy to get a conclusive result which can link suspects to crime scenes or the victim. The revolution of forensic science happened, in particular, because of DNA evidence (Nitish Katara Murder Case), offering a highly accurate means of identifying individuals, even from a minute biological sample. Additionally, forensic science plays a significant role in reconstructing crime scenes and also in figuring out the sequence of events that led to a crime. For example, methods like Forensic Anthropology, which basically involves the anatomy of human body and skeleton, help the forensic scientists know the exact time and cause of death due to the presence of rigor mortis (a dead body usually stiffens between 3 hours and 36 hours after death), analysis of blood splatter patters, (indicates the type of assault), or ballistic trails facilitate in establishing timelines, identify suspects, witness testimonies, etc. The uniqueness of fingerprints allows for the identification of individuals with a very high level of accuracy. The invention of FACTS (Fingerprint Analysis & Criminal Tracing System), which is India’s own version of AFIS, has enhanced the identification process. These are just some of the tradition techniques. In addition of these techniques, progression in digital forensic have given way to new frontiers in criminal investigations. The spread of digital devices and the internet across the world has led to a surge in the very evident cybercrimes, requiring specialized methods to detect such wrongdoings. Digital Forensics include the recovery and inquiry of data from mobile phones, computers, etc. 

Apart from these, forensics has also had a profound effect on the judicial processes. The perception that forensic evidence has been produced from scientific methods and is more reliable and credible has increased the trust in forensic evidence. A number of landmark cases that involve forensic evidence that helped in reaching a conviction are given below for your reference. 

Contribution

Forensic Science has contributed to criminal investigations in several ways. The accurate nature of collecting and analysing evidences (fingerprints, hair, fibers, blood, etc.) ensure that any evidence crucial to the case and its judgement is not overlooked. One of the most meaningful contributions of forensic science is its ability to identify potential suspects, using various forensic techniques to match the evidence from the crime scene to individuals. Forensic experts can reconstruct the events leading up to, during and after a crime and this also includes determining the time and cause of death, identifying the weapon which was used in committing the crime and how it was used based on the blood splatter pattern and other physical patterns. In addition to these contributions, forensic science is also instrumental in exonerating the individuals wrongfully accused or convicted. Particularly, DNA evidence, has been essential in overturning wrongful convictions, emphasizing the importance of accurate forensic analysis. Forensic science delivers evidence with increased accuracy that ensures that the guilty is convicted based on solid evidences.

Prominent Judgements

“In reality, those rare few cases with good Forensic Evidence are the ones that make it to the court.” – Pat Brown (forensic scientist)

1. Fingerprints & Footprints Analysis

• Pritam Singh v. State of Punjab

The evidences against the appellant included footprints (track evidence). In this case, the court held the plausibility of the forensic methods used for fingerprinting and foot printing. 

• State of Bombay v. Kathi Kalu Oghad

Fingerprints of the appellants were taken without their consent, which they asserted would be a violation of Article 20(3) of the Indian Constitution. But the court held that giving fingerprints or handwriting samples did not amount to giving testimony and hence did not violate this article. 

2. DNA Profiling

• Mukesh v. State (NCT of Delhi)

Infamously known as the Nirbhaya case, one of the most notorious criminal cases that sparked protest around India. DNA samples, bloodstains, fingerprints that were collected from the victim’s body and analysed played a crucial role in the prosecution of the convicts.

• Rajendra Pralhadrao Wasnik v. State of Maharashtra

This case emphasized upon the importance of medical examinations and DNA analysis of both, the person accused of rape and the victim of rape.

• Pattu Rajan v. State of T.N.

The court restated that the forensic experts had the duty of aiding the court with reports based on their expertise.

3. Digital Evidence

• State (NCT of Delhi) v. Navjot Sandhu

Also known as the Parliament Attack Case. Inquiry and inspection of call records, mobile phone evidence and audio tapes that included the confessional statements of the accused, played a crucial role in convicting the offenders.

• Tomaso Bruno v. State of U.P.

The appellants were Italian tourists. The victim was found dead in a hotel room in Varanasi, Uttar Pradesh. The prosecution could not present the CCTV footage, which would have been the best evidence to help solve the case, and so the court acquitted the appellants citing lack of evidence. The court in this case reiterated the significance and admissibility of digital evidence (Section 63 of the BSA, 2023, previously Section 65B of IEA, 1872).

4. Ballistics Analysis

• S.C. Gundegowda v. State by Yeslur Police, Hassan District

S.C. Chandrashekar, a political rival of S.C. Gundegowda (the accused) was murdered in Yeslur District. Firearms and cartridges were recovered from the crime scene and the victim’s body was also sent for a ballistic examination. The analysis played a crucial role in the investigation. 

• Rachhpal Singh v. State of Punjab

In the given case, bullet cartridges were found at the crime scene during the investigation. It was held that in cases were ballistics were involved, the view of the ballistic expert plays a pivotal role in producing credible evidence.

Challenges and limitations in the application of forensic science

Despite the importance forensic science has, its utilizations reveal several challenges. And these challenges can gravely affect the credibility, reliability and admissibility of evidences in court of law. 

• One of the major challenges in forensic science is the complexity of analysis. Evidences like fingerprints, DNA sample, etc. require professional equipment and knowledge. Problems might take place in any stage of these analysis which would then lead to the conviction of the innocent.
• The use of forensic evidence has limitations in India. Article 20 of the Indian Constitution which provides for the safeguards in respect of conviction of offences. Article 20(3) of the Act states that “no person accused of any offence shall be compelled to be a witness against himself” 
• Successful communication and collaboration between forensic scientists, professionals in the field of law can present itself as a challenge. Many misunderstandings and errors can occur. 
• There is a need to see the quality of forensic evidence and its standardization as it plays a very pivotal role in ensuring the credibility of the evidence.
• There are times when because of the initial beliefs of the forensic expert or the prosecution, they produce a report that aligns with it, which then can lead to biasness in the reports. It is called cognitive bias, which is not very uncommon.
• Every human tends to make mistakes at some or the other point in time. Forensic experts, who carry out the analysis, are also humans. These mistakes may sometimes lead to the contamination (Manoj v. State of Madhya Pradesh) or misinterpretation in the evidence gathered. 
• Delays in investigations might arise due to high demand of forensic analysis which might then prolong the resolution of cases which would then delay the delivery of justice.
• Smaller jurisdictions which lack professional forensic experts and laboratories might struggle to afford the resources which are required for forensic investigations, which may also lead to the delay in imparting justice.

Conclusion

In conclusion, forensic science plays a significant and irreplaceable role in contemporary criminal investigations. It has revolutionized the field of criminal investigation, making it a more reliable practice. Its multi-dimensional approach ensures a complete understanding of criminal activities. Despite its effectiveness and contributions, it is not a discipline that does not have any challenges or limitations. Issues such as biasness, human error, contamination or tampering of evidence is sometimes inevitable so the importance of maintaining ethical standards must be addressed. Its continued development ensures that in the coming days, crimes would be solved with greater accuracy. As we move forward in time, it is but imperative to support these advancements to ensure that it remains a cornerstone of criminal investigations and bring justice. 

BY:

AMRITHA NAIR

2^ND YEAR BA LLB STUDENT

ARMY INSTITUTE OF LAW, MOHALI