ABSTRACT
Forensic science plays a crucial role in the justice system of our country. It not only plays a very vital role in our judiciary system but also plays a very crucial role in corporate sector as well. The process of forensic investigation helps various legal issue and their analysis.
Forensic science is an interdisciplinary approach that extracts sources from various parts like physics, chemistry, biology and etc. to conclude a proper investigation in criminal system. The information subsequently recovered aids experts in deciphering many areas. It helps in legal proceedings to establish guilt and innocence. Moreover it helps in convictions of accused and release of wrongly accused and helps in upholding the rule of law.
By using modern technologies forensic science has evolved a lot and thus they contribute in the pursuit of truth and helps providing justice to the needy.
This paper deals with the actual meaning of forensic science in today’s world and its relevance to the current scenario. It deals with the conduct and use of forensic science in criminal justice system. This paper portrays various different forms of forensic science and how is it evident.
KEYWORDS
Forensic science, criminal justice system, guilt and innocent, providing justice to the needy, conviction
INTRODUCTION
Forensic science is an interdisciplinary approach that uses scientific principles and methods to investigate crime scenes and legal issues and further conclude observations based on that. The whole process involves like collection, preservation, analysis and interpretation of the data collected at the crime scene. The forensic investigation is widely done to examine evidences such as fingerprints blood samples, DNA, tissue fluids, body fluids, teeth and bones, and etc. The main motto of forensic science is to provide unbiased and scientifically concrete evidence which are used in investigations of crime and crime scene, proceedings of court and in legal proceedings as well. This in turn helps to uphold the actual meaning of law and helps in impartial judgements and thus helps in conviction of the actual accused and acquittal of those who are not guilty. Forensic scientists, analysts and forensic pathologists conduct the research and help to solve crimes and come to the much important interpretations. Several other private branches assist the same.
RESEARCH METHODOLOGY
The methodology for this research is descriptive in nature and is based on secondary research methods. It includes analysis of various articles, journals, websites, blogs and etc. This paper tries to analyze the meaning, uses and in depth understanding of forensic science in criminal justice system.
REVIEW OF LITERATURE
Forensic science involves usage of certain prominent things which includes use of physical and natural sciences which helps in further investigation of cases. It helps in investigation like rape, murder and etc. There is a very crucial role of forensic and it provides solutions and ultimate interpretations .The role of forensic science acts as an influential element to investigate crimes and suspects and ensure no innocent is harassed or punished(Mrs. Shubhi Mack, Dr. Ishita Chatterjee, Research Scholar and Associate Professor, School of Law and Justice, Adamus University, Kolkata, West Bengal ).In the country like India , forensic science and evidence plays a very pivotal point which is linked to criminal justice system. It tries to uphold and establish justice in criminal cases and proceedings and also tries to ensure unbiased foundation for determining a crime.( Kunal Kanwat, Assistant Professor ,Law Centre-II, Faculty of Delhi).
METHOD
MEANING OF FORENSIC SCIENCE IN CRIMINAL JUSTICE SYSTEM
Forensic science can be defined as a set of all scientific skills and knowledge tool that helps in providing justice in different sections like criminal, legal or civil. This branch is mostly concerned with uses of scientific methods and concepts which enhances the further investigation system. The main analysis consists of areas like biology, physics, chemistry, understanding DNA structures or traces of blood or understanding of its group or understanding the composition of various elements and drugs.
TYPES OF FORENSIC SCIENTISTS IN CRIMINAL JUSTICE SYSTEM
Forensic scientists all alone cannot solve the investigation process within a short span of time rather they all need to work hand in hand with clear goals and motives to produce authentic data which in return help to punish the actual criminal and help in acquittal of the innocent. The scientists reach to the site and collect ,analyze the data in their respective labs and finally investigate and interpret the results and come to a proper conclusion and tries to bring the actual criminal to the limelight.There are various types of forensic scientists. Some of them are as follows-
Criminalist or Forensic Scientist: These types of scientists rebuild the scenes of the actual crime area and try to collect proper proofs relating to the evidence. They examine the results achieved and conclude which reasons and events led to the crime and what were the actual motives of the criminal or the accused. They use practical and scientific knowledge and reasoning skills to examine the whole case.
Blood Splatter Analyst: These types of scientists study the diameter, shape and also blood group of bloodstain found at the crime scene and examines the actual origin of the blood. These people help to provide hints regarding the victim’s movements at the time of the crime and the movement of the body afterwards.
Firearms Examiner: These types of scientists examine the weapons which were used to commit crime. They generally fire test all type of shots from a certain weapon just to examine the weapon and compare bullet fragments and casings. They sometimes present these evidences and submit it to the court as an expert witness which in return fastens the proceedings of the court.
Forensic Anthropologist: These types of scientists examine the human bones and skeletal structure to conclude age, gender and other identification required for the victim of the crime.
Pathologist: They are trained medical doctors who perform autopsies and help in post-mortem identification and thus determine the actual reason of death of the victim of a particular crime. They sometimes visit scene and assist investigators determine the events leading to the crime and its repercussions.
Toxicologist: These scientists mix the study of analytical chemistry, pharmacology ,clinical chemistry, toxicology and body fluids ,nails, hair and etc. for chemical elements to help in investigation which is directly linked to poisoning and drug use.
Digital Forensic Investigator: These scientists work on crimes related to digitalised world like cybercrimes, digital transactions, online financial frauds and etc. They also investigate other digital devices found at crime scenes. They also work to discover evidence from clouds, laptops, desktops, mobile phones, any sort of other digital devices and storages. They generally work within IT systems to fetch important data which help them to proceed further with the investigation of crime committed.
Forensic Psychologist: These specialised scientists give importance about profiling the persons involved during the crime by interviewing the suspects, victims, witnesses and other persons involved in the crime and interpret the actual reasons, motives and mental state leading to the crime. Their main motive is to focus on issues such as competence to stand trials, testify or make medical decisions. They also study and examine mental health and any mental illness or disorder related to the crime and their extent of performing any sort of crime and how much they are competent to do the same.
Crime Scene Technician: Experts in this field are present in the crime scene and they decide which evidences are needed to be collected from the scene.
STEP BY STEP PROCCEDURES BY THE FORENSIC SCIENTISTS IN INVESTIGATION OF CRIMES
Criminal evidence in India plays a very vital role as it influences investigations and court cases and proceedings. All of the digital and physical traces found at the crime scene are further analysed and the findings are further interpreted.
STEP -1(Crime Scene Investigation)
Forensic scientists and experts are called to the crime scene to collect the data and evidence for further investigation. They start by observing and surveying the area and collect the potential data. Police forces or the law enforcements are also present in the scene and the scientists work under their surveillance. Bloodstains, weapons, hair strands, fingerprints, clothes, photos, survey reports, and other items are typically collected by them. They all together ensure proper preservation of documents and no further tampering .They also ensure the area of crime to be properly sealed.
STEP -2 (Collection and Preservation of the Data)
Experts when finally collect the important data from the scene without any damage they seal and pack the data and evidence separately with caution and attention so that no contamination takes place. All evidences go through certain paperwork for proper identification in analysis and in judiciary as well. These results are carefully conducted from labs to the courts in the due process. These results help to ensure justice and protect individuals against any injustice. They also collect the samples of the accused later to match with that of the evidence collected from the crime scene.
STEP-3 (Laboratory Analysis)
Forensic scientists in their lab conduct and examine various aspects of the evidence collected from the crime scene. These include bloodstains, DNA analysis, fingerprint analysis, any body fluids or tissues, hair strands and other objects as found and collected. They can further identify the suspect and the victim and draw close connections.
STEP-4 (Reconstructions of Crime)
The experts try to rebuild the order of the crime scene as per the data collected by them .By this method they can provide the direction of understanding the crime ,the roles and motives of the individuals and thus in return helps to understand the scene in a proper way.
STEP-5 (Analysis and Documentation)
Forensic scientists using their skills and knowledge analyse the evidences and objects, they perfectly then document their interpretations finally at the end. They create detailed reports and finally summarize their conclusions and those are then produced in the court.
STEP-6 (Expert Witness Testimony)
The forensic scientists and experts who hold sound knowledge and has gone through intensive training and skill assessments are finally then called upon by the court to testify the same and thus they present their interpretations and their ways of working and provide their opinion for the same which helps the judge to understand the importance of the same and its significance. They overall help the jury to understand and decode the complex findings though their testimony. Judges on a daily basis when they have to decide case based on forensic evidence they mostly rely upon the words by the experts. Basically the job of the experts is to help in understanding the language of forensics which is outside the ambit of the legal knowledge.
Overall the experts adhere to the strict rules and protocols and produce results in an unbiased way and uphold the meaning of justice to all.
CERTAIN LEGAL FRAMEWORKS ON FORENSIC EVIDENCE IN INDIA
The Code of Criminal Procedure (CrPc)
The main provision of Indian procedural laws controlling the criminal investigations and trials comes under this act. The examination of the accused is mainly covered under Sections 53 and 54 of the CrPC. This particular Section gives the right to the judge to direct and perform forensic tests in addition to the accused’s other medical examination by a professional medical practitioner. This in return helps the police and other experts to collect vital information and helps in further investigation.
Information Technology Act, 2000
The submission and admissibility of any legal documents in the form of digital evidence comes under this act. This act generally focuses on matters related to corporate world like cybercrimes, digital frauds and theft, digital financial frauds and other digital prints.
Indian Evidence Act, 1872
The laws related to the evidences admissible in courts specially regarding forensic evidence comes under this act. Section 45 of this act describes the importance of forensic expert’s opinion and enabling them to testify on issues for example DNA reading, matching of fingerprints, handwriting and etc. Apart from this, there is another Section 239 which gives legal base, structure and rules for submission of the forensic reports in the court and help in legal proceedings.
The Indian Evidence Act also contains laws directly linked with the admissibility of scientific evidence in the court. This act is classified into 3parts with 11 chapters and those are follows-
1. The very first part is related with the relevancy of facts and it has 2 chapters overall.
2. The second part contains 3 to 6 chapters each and each of them has their own importance and significance. If we go by the proper breakdown, Chapter 3 has facts that are needed to be proved before the court .Chapter 4 focuses on oral evidence .Chapter 5 deals with the document details of the evidence and finally Chapter 6 deals by providing you with the circumstances where the documentary evidence is given more preference over oral documents.
3. The 3rd part contains chapter from 7 to 11.If we go by the details, Chapter 7 emphasizes the burden of proof and questioning how important it is to prove the evidence and the presented facts. Again if we go by the same, Chapters 8, 9 and 10 focuses on estoppels, witnesses and examination of the same. The last chapter, Chapter 11 deals with improper or wrong admission of evidence and rejection of the same evidence on the ground being it improper.
FORENSIC SCIENCE AND ITS FUNDAMENTAL PRINCIPLES
In today’s world use of forensic science has gained a place of trust and confidence regarding its results and evidences. Most of the judicial system relies on the proofs submitted by the forensic scientists in court. The data which supports this system works on the grounds of reliable tests, sources, principles and knowledge which are admissible in court. Those are as follows-
1. Individuality– This means every element or object has its own unique traits and characteristics and can be distinguished from the rest of the crowd. This means the evidence collected from the scene can be traced back and the main criminal can be found.
2. Locard’s Principal of Exchange-This principle states that during a crime scene when different individuals come into contact then they leave behind certain traces or there is mutual transference of traces.
3. Theory of Progressive Change-According to this principal, as the overall time passes, every matter change, be it the evidences or the crime scene or the overall data collected.
4.Theory of Comparison– This concept means various types of proofs and evidences carry or contain common characteristics and can be matched who share the same traces. This theory emphasizes the importance of comparable samples.
5. Analysis Principal-Correct use of methods and finally analysing the traces with enhanced skills helps in identifying the main culprit.
6. Law of Probability– This concept presents that a particular event will take place in a given pattern among other expected ways in which it can occur or may not occur with the same equal case.
HOW IS FORENSIC SCIENCE LINKED TO CRIMINAL INVESTIGATION?
Forensic science plays a very pivotal role in investigation of crime scenes all over the world. With an increase in seriousness of each crime there is more demand of investigation through forensic experts. The main results are proved to be accurate and thus it has helped numerous convictions and acquittals. It has been observed that most of the time the judicial systems rely more on forensic evidences than that of any other form of evidence and forensic evidences have been more stressed upon.
Forensic science and experts helps in interrogation of the individuals involved in the crime scene .Certain tests like Neurological tests, Brain mapping , Narco-Analysis, finger prints, blood, DNA and etc. prove to be their main grounds of analysis for criminal analysis. These methods towards scientific path has proved to be more ethical and less harsh treatment like third degree actions and forensic science has given more positive outcome .
Generally criminal investigation is done by police forces and other government and private officials who assist them. In the same way forensic science plays a very crucial role in the same investigation and helps to keep law, order and justice in place, helping in the proper fair judgements.
The forensic science with the help of scientific approach helps to give evidence to the court in the form of their analysis even when the police or other investigators could not find a witness for the same.
CERTAIN CASES WHICH GOT SOLVED WITH THE HELP OF FORENSIC SCIENCE
1.1995, SISTER ABHAYA MUDER CASE, KERALA
This case revolves around a fact regarding death of a Sister Abhaya, Kamaya Roman Catholic nun who was found dead in the well water situated in St. Pius X convent in Kottayam, in India dated on 27th of March, 1992 and after much of the investigation case using the forensic techniques like Brain Mapping, Polygraph tests, Narco-analysis and etc. were used and using forensic techniques the case was finally solved and at the end two priests were found guilty for raping and then murdering her.
2.1995, TANDOOR MURDER CASE, DELHI
The above mentioned case was the first to be solved with the help of forensics in India. This case states that a man named Sushil Sharma killed his wife, Sahni, by using bullets just because he had his own misunderstanding that his wife was having an affair with her classmate and fellow congress worker Maktoob Karim .After Sushil committed this crime he took his wife’s body to a restaurant to with his car named Bhagiya restaurant and there with the help of that place’s manager, Keshav Kumar tried to burn the body of the same inside the tandoor of the restaurant. Later when police found Sushil’s gun and clothes with blood marks they were immediately sent to the Lodhi Road forensic Laboratory. The police force then later took the blood samples of Sahni’s parents, Harbhajan Singh and Jaswant Kaur and sent the same samples to Hyderabad for a DNA test and finally reports confirmed that the body was of Sahni, Sushil’s wife and finally Sushil Sharma was declared guilty and the whole process was done because of the help of forensics.
3.2013, AARUSHI TALWAR MURDER CASE, NOIDA
This revolves around a girl who was just 14years of age and was the daughter of a successful dentist couple. Unfortunately, the girl was found dead in a throat slit position at her parent’s house located at Jal Vayu Vihar ,Noida which is a posh area in Delhi and after the incident the immediate suspect was their live in man servant they had, named Yam Prasad Banjade alias Hemraj who was of a Nepalese national aged 45years and he was found missing then but after investigation it was found that the murder was done by Aarushi’s parents through forensics.
SUGGESTIONS
Today’s world has progressed much and has specifically adopted the use of artificial intelligence in every aspect rather than relying on their old traditional method. Similarly using or introducing the artificial intelligence in forensic science can be a boon to all. Using of AI and smart machines can enhance the working proficiency of the experts and can yield positive maximum efforts. The use of AI and its language can interpret various outcomes like details of certain pattern and interpret complex data into much simpler version. Using the process of smart learning the system can understand complex and difficult prints and can conclude valuable data in a small time frame. Implementing AI in the field of digital evidence like pictures, files, and etc. can help in investigation of digital crime. Using this process, fingerprints, bullets and etc. can be traced and investigated with the help of smart pattern recognition. Implementing the AI feature in DNA analysis helps in higher matching of the results and enhances in more accurate results and also consumes less time. Administering these technology AI systems can be used in management of cases in diverse ways starting from task management, selecting resources and optimizing workloads. It can help in making and drafting of complicated case reports, documentation of cases and etc. Even this technology can help in giving interpretations about tests which cannot be done using the traditional method. Finally one of the most important aspects of using this technology is its accuracy and enhanced quality. There is a very less risk system and fear of being inaccurate and helps providing data with confidence and no errors at all.
CONCLUSION
After much discussion above, it can be seen that forensic science in today’s scenario is a much needed branch without which progress towards any investigation lacks behind in every country. It can be seen countries various countries like United States of America, Canada and etc. countries have adapted to the system of forensic investigation as an integral part of their criminal investigation. Moreover there has been increased used of this science in the criminal system in our country and there has been much awareness regarding this concept and understanding of the same. The first forensic laboratory which was opened in India was in the year 1952 at Calcutta and became fully functional since the year 1953.It is said that Dr.Sasthi Chowdhuri is the father of forensic science in India. The collaboration of forensic science in India holds a lot of potential and resources to develop and emerge as its very own kind, it is just that more and more investors need to invest this field for more holistic development. Promoting this branch with the help of AI can upgrade this part of investigation and can strengthen the capabilities of evolving branch of investigation. With a modern outlook and proper structure and also with a collective responsibility, forensic science can guarantee proper justice by protecting the society at a large and delivering quick justice in the criminal system.
AUTHOR
Spandita Saha
St. Xavier’s University, Kolkata