LAW AND FORENSIC SCIENCE

ABSTRACT-

Forensic Science is often defined as the application of scientific principles and methodologies from various disciplines to matters within the realm of law enforcement and the criminal justice system. This interdisciplinary field involves the integration of scientific knowledge into legal contexts. It encompasses a wide range of scientific areas, including sociology, physics, forensic chemistry, biology, DNA profiling, computer science, and engineering. For instance, physics aids in comprehending patterns of blood dispersion, biochemistry reinforces the foundation for evaluating potential suspects, while chemistry assists in identifying the composition of diverse substances such as drugs.

Forensic science serves as a comprehensive amalgamation of scientific expertise, playing a pivotal role in facilitating the administration of justice across criminal, civil, legislative, and societal domains. It encompasses various well-established techniques such as fingerprint analysis, DNA profiling, ballistics, explosives examination, firearms analysis, and cultural artifacts assessment. Nevertheless, despite these advancements, a significant divide persists between the fields of law and forensic science. Challenges persist in fully validating the evidentiary value of forensic findings within our legal system

The incorporation of forensic science into the judicial framework remains a complex endeavor, requiring extensive research and meticulous analysis. The dynamic and evolving nature of forensic technologies necessitates ongoing efforts to establish its legitimacy and effectiveness in legal proceedings. This research paper seeks to explore and address the intricate interplay between law and forensic sciences, aiming to bridge the existing gaps and enhance the integration of forensic science within the legal system.

KEYWORDS-

Forensic Science, justice, Forensic Psychology, Criminology

INTRODUCTION-

In contrast to more established fields of study, the realm of forensic science lacks a universally shared comprehension and widespread acknowledgment of its fundamental essence, objectives, and underlying principles. This foundational aspect has often been disregarded, despite its recognition by numerous trailblazers in the realm of forensic science who deemed it pivotal for the field’s progression. The Sydney Declaration endeavors to revisit the fundamental nature of forensic science, transcending the confines of organizations, technical intricacies, or procedural guidelines.

Furthermore, the Sydney Declaration delves into the pivotal elements that shape the endeavors of forensic scientists. These encompass the contextual framework, the non-reciprocal nature of time, the spectrum of uncertainties, a comprehensive base of scientific knowledge, ethical considerations, astute analytical thinking, and rational inference. The proposition posits that these outlined principles should serve as the cornerstone of forensic science’s practical application, steering its educational pursuits and charting the course for research trajectories. Ultimately, these principles hold the promise of augmenting the overall pertinence, efficacy, and dependability of the discipline of forensic science.

Forensic Science – An Evolving Discipline-

“Every action casts a unique imprint, a silent narrative of our deeds. Within this tapestry of evidence, forensic science deciphers stories untold. Your history is etched in a strand of hair, embedded in your nails. Forensic intricacies unveil the concealed. From blood dispersion patterns to dental records, every detail tells a tale.”

Forensic Science, encapsulated in these words, is the convergence of scientific principles and methodologies within the realm of the law. The term “forensic” originates from the Latin “forensic,” which signifies a connection to the legal sphere. However, its modern implication extends beyond its dictionary definition, encompassing the application of diverse scientific branches to elucidate enigmatic legal questions. Forensic Science serves as a realm shared by both scientists and legal practitioners.

In history, the Roman forum was a venue for discussions on governance and a platform for legal proceedings. Over time, “forensic science” has evolved to represent the application of natural and physical sciences to address social and legal complexities. What sets forensic science apart is its direct involvement in legal matters; forensic scientists distinguish themselves by their regular participation in legal proceedings.

Forensic science operates at the crossroads of law and science. While its historical association has been primarily with criminal justice, contemporary forensic scientists are increasingly contributing to civil matters and regulatory domains. This dynamic field has emerged as a new horizon within the legal landscape, charting new avenues of research.

Forensic Science, employing a multidisciplinary approach, acts as a pivotal thread weaving together diverse strands of evidence in investigations. It entails the application of scientific principles from varied domains to legal contexts. Let’s take a panoramic view of the diverse branches within Forensic Science:

Forensic Toxicology: This discipline scrutinizes the presence of toxic substances within the body and their impact, drawing insights from analytical and clinical chemistry, as well as pharmacology, to aid in the medical and legal scrutiny of poisoning or drug-related fatalities.

Forensic Psychology: Forensic psychology merges psychological insights with legal and criminal matters. Through the study of criminals and their behavior, forensic psychologists draw conclusions about offenders’ personality traits, contributing to criminal profiling and other roles such as victim counseling, child custody evaluations, and trauma disorder assessments.

Forensic Podiatry: By applying specialized podiatric knowledge, this branch contributes to investigating foot-based evidence in criminal cases, leveraging expertise in lower limb anatomy and musculoskeletal function.

Forensic Pathology: Forensic pathologists examine cadavers to establish the cause of death, collecting and analyzing medical samples to derive evidence suitable for legal proceedings

Forensic Pathology: Forensic pathologists examine cadavers to establish the cause of death, collecting and analyzing medical samples to derive evidence suitable for legal proceedings.

Forensic Odontology: Forensic dentists scrutinize dental evidence, aiding in victim identification in cases where bodies are unrecognizable. They play a crucial role in comparative identification, particularly through dental anatomy and restorative dental work.

Forensic Linguistics: Linguistic experts apply their skills to criminal investigations, analyzing written and spoken language to infer characteristics such as age, education, and cultural background of perpetrators.

Forensic Geology: This field involves the examination of earth materials in legal contexts, aiding investigations with geological expertise.

Forensic Entomology: Forensic entomologists employ insect knowledge to solve criminal cases, estimating the time of death or location based on insect activity.

Forensic Engineering: This branch investigates mechanical and structural failures causing injury or property damage, applying engineering principles to legal matters.

Forensic DNA Analysis: DNA profiling aids in identifying individuals and linking them to criminal acts, utilizing biological evidence such as hair, blood, and skin.

Forensic Botany: Botanical evidence is examined to answer legal questions, assisting in identifying suspects through plant-based evidence.

Forensic Archaeology: Geophysical techniques assist in locating buried items in legal contexts, and forensic archaeologists also contribute to excavations and age determination.

Forensic Anthropology: Forensic anthropologists analyze human remains to determine identity and cause of death, particularly valuable when bodies are degraded.

Digital Forensics: This emerging field involves extracting and analyzing digital evidence, playing a pivotal role in cybercrime investigations.

Forensic Ballistics: Forensic ballistics analyze firearm-related evidence to determine incident details involving firearms.

Forensic science evolves, unraveling hidden stories within traces and imprints. It stands as a bridge uniting scientific exploration with legal inquiry, a vital instrument in seeking truth and justice.

Top of Form

Principles Underlying Forensic Science

The fundamental principles that underpin forensic science provide the framework for various scientific disciplines and methodologies to analyze evidence and address specific inquiries. These principles play a pivotal role in the realm of criminal proceedings, guiding the entire investigative trajectory from the inception of a crime to securing a conviction in a court of law. Several key principles of forensic science hold significant relevance within the context of criminal proceedings:

Locard’s Principle: Pioneered by Sir Edmond Locard, a visionary in criminology and forensic science, this foundational concept posits that every interaction leaves an indelible trace. It asserts that a perpetrator entering a crime scene introduces something and invariably takes something away. This principle underscores the critical nature of meticulous trace evidence collection at crime scenes.

Law of Individuality: Each entity, whether natural or human-made, possesses distinctive qualities or characteristics that are entirely singular. Fingerprint identification, a prime example, exemplifies the principle of individuality, serving as a unique marker.
Law of Exchange: This principle dictates that when a criminal or their instrument interfaces with a victim or their surroundings, traces are inevitably left behind. These residual traces serve as invaluable tools for investigative purposes.
Law of Progressive Change: Acknowledging the inevitability of change over time, this principle underscores the profound impact of time on the dynamics of criminal investigations. Both crime scenes and culprits can undergo transformations, sometimes rendering them unrecognizable.
Law of Comparison: This principle necessitates the comparison of individuals with similar attributes, while disparities are not subjected to such analysis.
Law of Analysis: Successful analysis hinges upon the accurate collection and preservation of appropriate samples. Properly preserving evidence in accordance with prescribed protocols is vital to prevent tampering or destruction.
Law of Probability: This principle acknowledges that identifications and determinations can be accurate due to both conscious and unconscious influences, shaped by surrounding circumstances.
Law of Circumstantial Facts: While facts themselves remain objective, interpretations can be subjective. Facts inherently retain truth and cannot be wholly absent or false. As such, circumstantial facts play a pivotal role in augmenting oral evidence.

In essence, Forensic Science encompasses a scientific discipline directed at recognizing, identifying, individualizing, and evaluating physical evidence through the application of natural science principles and methodologies. Its core objective is to facilitate the administration of justice within the realm of criminal proceedings.

Forensic Science encompasses a multitude of fields including Criminology, Penology, and Victimology. It aids in unraveling the strategies employed by criminals, providing psychologists with insights into the concealed dimensions of a crime that might catalyze breakthroughs. Forensic Science constitutes a cornerstone of criminal profiling, entailing the construction of an offender profile. It encompasses various activities such as DNA testing, fingerprint identification, analysis of bloodstain patterns, and the reconstruction of crimes, all of which substantially contribute to the investigative process.

Development of Forensic Science and Criminal Prosecution-India:-

Forensic science is not a novel concept in India, although its utilization might not have been widely acknowledged by our ancestors. The practice of fingerprint usage, colloquially known as “Tarija,” dates back centuries. Even in those times, it was understood that fingerprints were unique and impossible to replicate. While the modern scientific form might not have been prevalent, references to this practice can be found in literature dating back 2300 years, such as in Kautilya’s “Artha Shastra.”

In ancient India, medical opinions were frequently sought to address legal matters. Laws stipulated a minimum marriage age of 12 years for girls, and the duration of pregnancy was recognized to be between 9 and 12 lunar months, with an average of 10 months. Medical experts were called upon to provide opinions in such cases. An early proponent of fingerprinting for criminal identification was Sir William Herschel. While working for the Indian Civil Service in 1858, he introduced thumbprints on documents as a security measure to prevent signature repudiation.

In 1897, a Fingerprint Bureau was established in Calcutta (now Kolkata), India, with approval from the Council of the Governor General. This decision was based on a committee report recommending the use of fingerprints for categorizing criminal records. Azizul Haque and Hem Chandra Bose, who initially worked in the Calcutta Anthropometric Bureau, played pivotal roles in its development, which later evolved into the Fingerprint Bureau. These Indian fingerprint experts are credited with significant contributions to the creation of a fingerprint classification system, later named after their supervisor, Sir Edward Richard Henry.

In 1968, the Ministry of Home Affairs, Government of India, initiated the establishment of a Forensic Science Laboratory for Delhi Police and the Central Bureau of Investigation (CBI). This initiative fell under the administrative jurisdiction of the Central Bureau of Investigation.

In the present, India faces the challenge of over 30 million pending cases in its courts. To address these issues, organizations like the International Forensic Sciences (IFS) and the Central Forensic Science Laboratory (CBI) are employed as alternative solutions

Cases Solved using Forensic Science

Tandoor Murder Case (1995) Delhi

The Tandoor Murder Case, which took place in 1995, holds the distinction of being the first criminal case in India that was successfully resolved with the aid of forensic science. This case centered around Shusil Sharma, who committed a heinous crime by fatally shooting his wife, Naina Sahni, within their residence. His motive was driven by suspicions of his wife’s [1]involvement in a romantic relationship with Matloob Karim, a classmate and fellow congress worker.

Following the murder, Sharma transported his wife’s body to the Bagiya restaurant in his car. Collaborating with the restaurant manager Keshav Kumar, he attempted to dispose of the remains by cremating them in a tandoor, a clay oven. The Delhi Police launched an investigation, with forensic evidence playing a pivotal role in unraveling the truth.

The police submitted Sharma’s revolver and clothing stained with blood to the Lodhi Road forensic laboratory. Additionally, blood samples were collected from Sahni’s parents, Harbhajan Singh and Jaswant Kaur. These samples were sent to Hyderabad for DNA testing. The lab findings were crucial in establishing the credibility of the evidence. The lab report indicated that the blood sample from the post-mortem examination and the blood stains from the recovered leads matched the ‘B’ blood group. The subsequent DNA report definitively confirmed the identity of the charred body as Naina Sahni, conclusively establishing her as the biological offspring of Harbhajan Singh and Jaswant Kaur. This concrete forensic evidence played a pivotal role in establishing the guilt of Shusil Sharma.

The Tandoor Murder Case serves as a stark reminder of the indispensable role that medical and forensic evidence play in aiding the judicial process to arrive at sound conclusions. The case also underscores the significance of fostering an environment that encourages expert medical professionals to engage in medico-legal work. Additionally, creating a courtroom atmosphere that accommodates medical witnesses is paramount to effectively integrating medical and forensic expertise into legal proceedings.

Research Methodology

This research paper delves into the convergence of Law and Forensic Science, aiming to elucidate the intricate relationship between these two domains. The study is primarily based on secondary sources, incorporating insights from renowned authors. The research methodology involves the collection of secondary data from a range of online resources, including articles, research papers, essays, and books. Authoritative legal platforms such as Legal Nexis, Hein Online, and Oxford Press have been consulted to gather pertinent information.

Utilizing statistical data analysis, the research seeks to explore the dynamic interplay between independent variables such as law, the justice system, and procedural codes, and dependent variables including motives, circumstances, and case facts. The core objective of this research analysis is to raise awareness about the pivotal role of law and the expanding relevance of forensic science within legal proceedings. Furthermore, the study underscores the existing gaps within forensic science and its ongoing journey towards establishing credibility and validity.

Central to this research paper is the emphasis on the necessity for further exploration within the field of forensic sciences. It not only delineates the distinct subfields encompassed by forensic science but also underscores the need for continuous research and evolution within this sphere. The paper aims to illuminate the evolving landscape of forensic science while underlining the significance of a solid legal framework to facilitate its integration.

By synthesizing a variety of sources and statistical insights, this research paper contributes to a comprehensive comprehension of the intersection between Law and Forensic Science. It serves to inform readers about their interconnected nature and encourages contemplation of potential areas for advancement and enhancement within forensic sciences

LITERATURE REVIEW:

This research involves an in-depth exploration of various reports, articles, materials sourced from Hein Online, research articles accessed through Google Scholar, and contributions from the International Journal of Scientific and Research Publications. It also incorporates relevant data available on ministerial websites accessible online. The research methodology employs a theoretical approach to gather demographic data and case-specific information.

The primary goal of this research analysis is twofold: firstly, to enhance public awareness regarding the crucial significance of Forensic Sciences, and secondly, to critically evaluate the validity of this field. Secondary data plays a central role in this endeavor, allowing for an exploration of public opinions and perspectives on the subject matter. This exploration involves a meticulous review of peer-reviewed journal articles, books, and online sources.

It’s essential to underscore that the sources integrated into this study are largely of a secondary nature. They have been drawn from research papers that have been referenced by various scholars. By amalgamating insights from these diverse sources, this research paper strives to offer a comprehensive comprehension of the burgeoning nexus between Law and Forensic Sciences. The study aims to illuminate the evolving contours of this interdisciplinary domain while subjecting the validity and relevance of Forensic Sciences to critical scrutiny.

Analysis

Forensic science emerges as a coherent and distinct discipline, revealing shared principles and processes across its diverse domains such as DNA analysis, trace evidence examination, and digital evidence assessment. Embracing its interdisciplinary essence, forensic science, when viewed as a unified entity, offers several significant contributions:

Defining Foundational Principles: Forensic science has the potential to identify and elucidate the foundational principles that underpin its various domains. These principles encompass the core concepts of reconstruction, detection, and prediction.
Unifying Processes: Within the realm of forensic science as a single discipline, it becomes possible to establish a cohesive set of processes. These include authentication, identification, classification, reconstruction, and evaluation – activities that are central to forensic work.
Encompassing Activities: The discipline can encompass a comprehensive range of activities crucial to its functioning. These activities span from surveying and preservation to the meticulous examination, documentation, analysis, integration, and interpretation of forensic materials.
Consistent Application: The strength of forensic science lies in its consistent application of shared principles and processes, fostering a practice that is grounded in evidence. This approach enhances transparency and reproducibility across various forensic techniques.
Integration of Physical and Digital Evidence: By harmonizing forensic principles, processes, and activities, the discipline can seamlessly incorporate both physical and digital evidence. This integration accommodates the complexities presented by forensic reconstruction across diverse environments and contexts.
Holistic Forensic Reconstruction: Forensic science, when viewed as an integrated discipline, has the capacity to comprehensively address the entire spectrum of the forensic reconstruction process. This encompasses the physical, human, and digital dimensions while meeting both theoretical and practical demands.
Comprehensive Approach: The unified discipline can extend its coverage from the crime scene to the courtroom, encompassing source attribution and propositions at different levels – from activity to offense. This inclusive approach encourages collaboration among stakeholders, spanning scientists, law enforcement, policymakers, and legal experts.

Envisioned in this light, forensic science as a unified discipline holds the promise of refining research practices and elevating the standards of forensic work. By consolidating various principles, processes, and activities, this approach offers a coherent framework that is poised to address the intricate challenges and varied requirements within the realm of forensic science.[2]

CONCLUSION

It is crucial to establish a clear and unified identity for forensic science within its operational framework. While limited resources and funding have posed significant challenges, the importance of defining forensic science’s identity, and the potential consequences of a contested one, cannot be overstated. Therefore, it is more important than ever to adopt a comprehensive yet precise articulation of what forensic science truly represents and its purpose.

Forensic science is not just an amalgamation of techniques; it embodies a coherent interdisciplinary discipline. This inherent interdisciplinary nature equips it with the essential tools to navigate the intricate landscape it operates within. Despite the complexities of this environment, the interdisciplinary foundation of forensic science positions it effectively to address the intricate challenges it faces.

In light of this, the need to emphasize that forensic science is a well-defined body of knowledge and practices, rather than a collection of disparate methods, becomes increasingly significant. By establishing a clear and shared identity, the field can address issues related to perception, funding, and overall relevance.

The significance of forensic science is unquestionable. It serves as a potent instrument in solving intricate cases and ensuring justice prevails. In a world where evidence and truth are paramount, forensic science provides a systematic approach that contributes to robust outcomes in legal proceedings.

In summary, the effort to forge a distinct and unified identity for forensic science is of paramount importance. Despite constraints in resources, its interdisciplinary nature equips it to navigate the complex landscape it operates in. By highlighting its cohesive essence, forensic science can overcome challenges and assert its critical role in promoting justice and advancing our comprehension of complex cases.

CITATIONS: –

Diganth Raj Sehgal, Forensic science under criminal law – iPleaders, IPleaders (Sept. 13, 2020), https://blog.ipleaders.in/forensic-science-criminal-law/.

Just a moment…, https://journals.sagepub.com/doi/abs/10.1177/030631298028005001.

[1] Concept and Principles of Forensic Science, https://www.legalserviceindia.com/legal/article-2974-concept-and-principles-of-forensic-science.html.

The Branches of Forensic Science, An Overview of its Various Disciplines (Feb. 23, 2018), https://ifflab.org/branches-of-forensic-science/.

[1] Nivedita Grover, Development of Forensic Science and Criminal Prosecution-India., (Dec. 10, 2014), https://www.ijsrp.org/research-paper-1214/ijsrp-p3674.pdf.

ScienceDirect, https://www.sciencedirect.com/science/article/pii/S2665910721000463.

Name: ANSHIKA DHINGRA

NATIONAL FORENSICS SCIENCE UNIVERSITY

(School of law, forensic justice and policy studies) 1^st year (3-year LLB Hons)

[1] https://www.ijsrp.org/research-paper-1214/ijsrp-p3674.pdf

[2] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7219159/