HISTORICAL PERSPECTIVE OF FORENSIC SCIENCE: INDIAN AND INTERNATIONAL SCENARIO

FORENSIC SCIENCE
PROJECT TOPIC:

HISTORICAL PERSPECTIVE OF
FORENSIC SCIENCE: INDIAN AND
INTERNATIONAL SCENARIO

UNDER THE ABLE GUIDANCE OF

Miss. Nandini Raizada

Submitted by- Roll No. 01

Semester- IX
Section- A
BA.LL.B (HONS.)

FACULTY OF LAW,
UNIVERSITY OF ALLAHABAD

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CONTENTS
Acknowledgement____________________________________________0
3
Introduction_________________________________________________04
Meaning____________________________________________________0
5
Ancient History______________________________________________06
Historical
Development________________________________________07
Other Major Developments_____________________________________11
Major Crime Laboratories______________________________________12
Changes Required____________________________________________13
Suggestions by Malimath Committee in
India_______________________14
Conclusion__________________________________________________1
5
Bibliography_________________________________________________1
6

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ACKNOWLEDGEMENT
Forensic science as a subject of law is in itself an interesting portion for a law student who
studied science at the plus two levels. Not only is the subject inclusive of the human biology but
it also provides an extremely wide range of ways to help the budding lawyers in-the-making
with an in-depth knowledge of how a crime can be traced out which in turn leads to help them
with their cases.
I wish to extend my heartfelt thanks to my learned teacher Ms. N. Raizada for the guidance that
she has provided us in understanding the subject with a better perspective. I would also like to
express my deepest gratitude to the faculty of law and the staff in the library for helping me
with the research material.
Lastly, nothing is possible without a supporting family and friends who never fail to amaze us
with the best of criticism that is always beneficial.
Fair criticism for the development of this project and a better understanding of the subject is
most welcome and will be highly appreciated.

Aainy Aaquib Furrukh,

IX Semester,
Roll Number 1,
Section A.

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INTRODUCTION
Crime in some form or the other has existed since the beginning of human race. With the
advancement in science and technology the concept of crime as well as the methods adopted by
criminals in its commission has undergone a phenomenal change. On one hand the intelligent
criminal has been quick to exploit science for his criminal acts; on the other hand the
investigator is no longer able to rely on age old art of interrogation and methods to detect crime.
In this context forensic science has found its existence.
The application of science and technology to the detection and investigation of crime and
administration of justice is not new to India. Although our ancestors did not know forensic
science in its present form, scientific methods in one way or the other seem to have been
followed in the investigation of crime. Its detailed reference is found in Kautilya's
`Arthashastra,' which was written about 2300 years ago. Indians studied various patterns of the
papillary lines, thousands of years ago. It is presumed that they knew about the persistency and
individuality of fingerprints, which they used as signatures. The Indians knew for long that the
handprints, known as the Tarija', were inimitable. The use of fingerprints as signatures by
illiterate people in India, introduced centuries ago, was considered by some people as
ceremonial only, till it was scientifically proved that identification from fingerprints was
accurate.

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MEANING
Forensic science is the scientific method of gathering and examining information about the past.
This is especially important in law enforcement where forensics is done in relation to criminal
or civil law, but forensics are also carried out in other fields, such as astronomy, archaeology,
biology and geology to investigate ancient times.
According to Hall Dillon, The word forensic means pertaining to the law; forensic science
resolves legal issues by applying scientific principles to them.
California Criminalistics Institute defines Forensic Science and Forensic Scientists as, Forensic
Science is the application of the methods and techniques of the basic sciences to legal issues. As
you can imagine Forensic Science is a very broad field of study. Crime Laboratory Scientists,
sometimes called Forensic Scientists or, more properly, Criminalists, work with physical
evidence collected at scenes of crimes.
A fingerprint expert can tell apart the marks of two digits more easily than he can differentiate
two peoples faces. Ever wonder how detectives and police officers can solve crimes based on
finding little elements such as finger prints or bloodstains that are left behind unintentionally?
They rely on forensic science to help them solve cases having to do with rape, murder, theft, and
crimes of that nature. It is important for the definition of forensic science to be clearly defined
first. Forensic science may generally be defined as the application of scientific, technical, or
other specialized knowledge to assist courts in resolving questions of fact in civil and criminal
trials(Forensic Access).
Today, forensic science is split into several branches. Each branch has a specific duty to perform
its job and find answers based on all the evidence and information they get from a crime scene.
These branches include forensic biology, forensic chemistry, forensic anthropology, forensic
deontology, forensic pathology, and forensic psychology. It often takes several branches to solve
a case.

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ANCIENT HISTORY
History considers Archimedes as the father of forensic science. He had found out that a crown
was not made of gold, (as it was falsely claimed) by its density and buoyancy. After
Archimedes, another early forensic science application was done by Soleiman, an Arabic
merchant of the 7th century. He used fingerprints as a proof of validity between debtors
and lenders.
In seventh century BC, an Indian Medicine Treatise, Agnivesa Charaka Samhita was composed
that laid down the duties and privileges of a physician. It also gave a detailed description of
various poisons, symptoms, signs and treatment of poisoning. Shushruta Samhita was composed
between 200 and 300 AD and its chapters concerning forensic medicine were so carefully
written that they are in no way inferior to modern knowledge on the subject.
In the 700s, the Chinese also used the fingerprint concept. In the 1000s, Quintilian, a prosecutor
in the Roman courts, used a similar method to solve murders.
The first document that mentions the use of Forensics in legal matters is the book Xi Yuan Ji
Lu (translated as Collected Cases of Injustice Rectified) written in 1248 by Chinese author
Song Ci.

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HISTORICAL DEVELOPMENT

1540s- Pathology:
In the 1540s the French doctor Ambroise Pare laid the foundations for modern forensic
pathology through his study of trauma on human organs after he systematically studied
the effects of violent death on internal organs. Also, two Italian surgeons, Fortunato
Fidelis and Paolo Zacchia, studied the changes that occurred in the structure of the body
as the result of disease. In the late 18th century, writings on these topics began to appear.
These included, A Treatise on Forensic Medicine and Public Health, by the French
physician Francois

Immanuele

Fodere

and The

Complete

System

of

Police

Medicine by the German medical expert Johann Peter Frank.

1800s- Toxicology:
Matheiu Orfila is known as the father of modern toxicology. In the early part of the 19th
century he established in Paris methods of scientific chemical analysis of poison, which
are in use even today.
In India, during the nineteenth century, when the cases of death due to poisoning posed a
problem to the law enforcement agencies, a need was felt for isolating, detecting and
estimating various poisons absorbed in the human system. The first Chemical
Examiner's Laboratory was, therefore, set up for this purpose at the then Madras
Presidency, under the Department of Health, during 1849. Later, similar laboratories
were set up at Calcutta (1853), followed by one each at Agra (1864) and Bombay
(1870). These laboratories were equipped to handle toxicological analysis of viscera,
biological analysis of stains of blood, semen, etc. and chemical analysis of food, drugs,
and various excisable materials to provide scientific support to the criminal justice
delivery system within their limited means.

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1820s- Ballistics:
Eugene Francois Vidocq pioneered the first use of ballistics and began taking plaster
casts of shoe imprints. Henry Goddard at Scotland Yard perfected the science of
ballistics and pioneered the use of bullet comparison in 1835. He developed
a comparison microscope for comparison of crime and test fired bullets to determine
whether or not a particular weapon was used in the offence.
In India in 1930, an Arms Expert was appointed and a small ballistic laboratory was set
up under the Calcutta Police to deal with the examination of firearms. As the menace of
firearms grew, other State CIDs also established small ballistics laboratories to help
them in the criminal investigation.

1879- Anthropometry:
Alphonse Bertillon of France was first to evolve a scientific system of personal
identification. In 1879, he developed the science of Anthropometry, a systemic
procedure of taking a series of body measurements to facilitate distinguishing one
individual from another. With the invention of photography, he was the first to use it in
criminal investigation. In 1881, he began to take standard pictures of all French
criminals and file them in the Bureau of Identification, then in Paris. His efforts have
earned him the distinction of being known as the Father of Criminal Investigation.
In India, while some progress was made in the identification of poisons, the
identification of people, specifically criminals, was still being done in a rather haphazard
manner. Policemen would try to memorize convict's face so that they could recognize
him if he got involved in another crime later. With the introduction of photography, the
Criminal Investigation Department (CID) maintained records of every known criminal
including a detailed description of his appearance. With the invention of Bertillon's
anthropometric system in 1879, India, along with the other countries of the world,
adapted Bertillon's system of personnel identification and thus an Anthropometric

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Bureau, for maintaining anthropometric records of criminals, was established in 1892 at

Calcutta.

1892- Fingerprints:
Sir William Herschel was one of the first to advocate the use of fingerprinting in the
identification of criminal suspects. While working for the Indian Civil Services, he
began to use thumbprints on documents as a security measure to prevent the thenrampant repudiation of signatures in 1858. Francis Galton undertook the first systematic
study of the fingerprints. He developed a methodology of classifying the fingerprints for
filing purposes. In 1892, he published a book on fingerprints giving a sound statistical
proof of uniqueness of individualization through fingerprints. He had calculated that the
chance of a "false positive" (two different individuals having the same fingerprints) was
about 1 in 64 billion. Juan Vucetich, an Argentine chief police officer, created the first
method of recording the fingerprints of individuals on file. In 1892, after studying
Galton's pattern types, Vucetich set up the world's first fingerprint bureau.
In India, Henry approached the Government to seek approval for replacing the
anthropometric data by fingerprints for the identification of habitual criminals.
Government readily agreed, and the first fingerprint bureau in the world was officially
declared open at Calcutta in July 1897, although the collection of record slips had started
a few years earlier. Thus, the personnel identification solely on the basis of fingerprints
commenced in India.

1901- Serology:
Karl Landsteiner in 1901 discovered that blood could be grouped into different
categories. Following this, in 1910, Dr. Leone Lattes of Italy devised a relatively simple
procedure for determining the blood group of dried bloodstains and immediately
adopted this technique for criminal investigation.
In India, when the science of examining human blood developed, it became possible to
examine blood and seminal stains in criminal investigations. Realising the importance of
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Forensic Serology, an institute named as Serology Department was established in

Calcutta in 1910. Though the scientific techniques for serological examination were at
the infancy stage, this institute provided valuable scientific support by analyzing
biological materials for crime investigations. After independence, the department was
renamed as Office of the Serologist and Chemical Examiner to the Government of
India.

1910- Principle of Exchange:

Edmund Locard is responsible for the famous Principle of Exchange, which forms the
basis of forensic examination of physical evidence. It states that every contact leaves a
trace. This is also known as the Locard Exchange Principle and has formed the
foundation of trace evidence collection and analysis for over a century and still plays a
central role in 21st century forensic science.

1984- DNA profiling:

In 1984, Sir Alec Jeffery developed a science of DNA profiling and found that every
human being has a unique DNA structure. He realized the scope of DNA fingerprinting,
which uses variations in the genetic code to identify individuals. The method has since
become important in forensic science to assist police detective work, and it has also
proved useful in resolving paternity and immigration disputes.
In India, in response to the rising demands of providing high technology to the crime
investigation process, the first Forensic DNA Typing facility was established at CFSL,
Calcutta, during 1998. The implementation of this state of the art technique represents
significant advancements in the forensic biology in the country. The DNA Typing Unit at
CFSL, Calcutta is equipped with the most contemporary techniques of DNA typing,
namely, Polymerize Chain Reaction (PCR) based method, Locus Specific Restricted
Fragment Length Polymorphism technique, etc. This laboratory, after being functional,
has been referred many crime cases pertaining to murder, rape, rape and murder,
paternity disputes, organ transplant, exchange of babies in hospitals etc.

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OTHER MAJOR DEVELOPMENTS

1986- In the first use of DNA to solve a crime, Jeffrey uses DNA profiling to identify
Colin Pitchfork as the murderer of two young girls in England.
1983- The polymerase chain reaction (PCR) is first conceived by Kerry Mullis. The
first paper on the technique is not published for two years.
1987- DNA profiling is introduced for the first time in a U.S. criminal court.
1987- New York v. Castro is the first case challenging the admissibility of DNA. 1991
Walsh Automation Inc. (now Forensic Technology, Inc.) launches the Integrated
Ballistics Identification System, or IBIS, for the automated comparison of fired bullets
and cartridge cases. This system is subsequently developed for the United States in
collaboration with the Bureau of Alcohol, Tobacco, and Firearms (ATF).
1992- The FBI sponsors development of Drug fire, an automated imaging system to
compare marks left on fired cartridge cases.
1993- In Daubert v. Merrell Dow Pharmaceuticals Co., a U.S. federal court refines the
standard for admission of scientific evidence.
1996- In Tennessee v. Ware, mitochondrial DNA typing is first admitted in a U.S. court.
1998- The National DNA Index System (NDIS), enabling interstate sharing of DNA
information to solve crimes, is initiated by the FBI.
1999- IBIS and Drug fire are integrated by the FBI and ATF, creating the National
Integrated Ballistics Identification Network (NIBIN).

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MAJOR CRIME LABORATORIES

1. FBI - Federal Bureau of Investigation (Department of Justice)
Largest crime lab in the world
Capable of investigating a broad range of crimes
provides analyses of physical evidence ranging from blood and other biological
materials to explosives, drugs, and firearms.
More than one million examinations are conducted by the FBI laboratory every year.
2. DEA - Drug Enforcement Administration
Primary focus: analysis, production, sale, & transportation of illegal drugs
3. ATF - Bureau of Alcohol, Tobacco and Firearms Primary focus: analysis of alcoholic
beverages, tax law documents, weapons, explosive devices and enforces
Gun Control Act of 1968
Organized Crime Control Act of 1970
4. USPS - U.S. Postal Service:
The U.S. Postal Service is not strictly a federal agency, it is considered to be a quasifederal agency. (Washington, DC)
Supports the Services efforts to combat postal fraud. It does this through the analysis
of questioned document, fingerprints, and trace evidence (hairs, fibers, particles, etc.).
5. U.S. Fish and Wildlife Service (USFWS):
The USFWS Laboratory performs animal-oriented forensic analyses and its mission is
to support the efforts of the Services investigators who patrol the National Parks.
The Laboratory examines evidence involving animals and has specialized expertise in
the identification of hooves, hairs, feathers, bone, and other animal tissues.

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CHANGES REQUIRED
Hardly, any scientific data is available to support or refute this perception in relation to medical
evidence. Therefore, it was planned to undertake a pilot study to analyze the quantum of time
and effort put in by medical experts to get the evidence recorded in criminal courts and other
issues related to it.
The influence of forensic science in India has been to such an extent that the Malimath
Committee in its report asked a few section of the Criminal Procedure Code to be amended in
order to accommodate the principles of Forensic Science like:
A specific law should be enacted giving guidelines to the police setting uniform standards for
obtaining genetic information and creating adequate safeguards to prevent misuse of the same.
A national DNA database should be created which will be immensely helpful in the fight against
terrorism. More well equipped laboratories should be established to handle DNA samples and
evidence. Efforts should be taken to create more awareness among general public, Prosecutors,
judges and police machinery.
The work in Forensic Science Laboratories being interdisciplinary in nature, there is a need to
develop and supplement the General Criteria for Laboratory Accreditation for the purpose of
accrediting Forensic Science Laboratories. The document Specific Criteria for Accreditation
of Forensic Science Laboratories has been evolved by a Technical Committee specifically
constituted for the purpose. It supplements the document General Requirements for the
Competence of Testing and Calibration Laboratories and provides specific guidance on the
accreditation of Forensic Science Laboratories for assessors as well as the laboratories who are
preparing for accreditation.

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SUGGESTIONS BY MALIMATH COMMITTEE IN INDIA

The Law Commission was set up by the Govt. of India in 1955 to recommend revision and
updating of (inherited) laws to meet the changing needs of the country. The body does not have
any statutory or constitutional authority. It has expressed dismay at the Malimath Report to
certain members of the media.
The Malimath Committee on the other hand was specifically appointed by the Home Ministry to
examine the Criminal Justice System - something that was well within the ambit of the Law
Commission. Many in the human rights community fear that the Ministry may base future
Criminal Law amendments on the Malimath report ignoring the Law Commission's objections.
1. More well-equipped laboratories should be established to handle DNA samples and evidence.
2. A specific law should be enacted giving guidelines to the police setting uniform standards for
obtaining genetic information and creating adequate safeguards to prevent misuse of the same.
3. A national DNA database should be created which will be immensely helpful in the fight
against terrorism.
4. Sec. 313 of the Cr.P.C must also be amended so as to draw adverse inference against the
accused if he fails to answer any relevant material against him therefore, making it easy for the
law enforcers to use DNA tests against him.

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CONCLUSION
The lack of understanding and critical appraisal of specialists in general, by non- specialists, is
all- pervasive. The field of Forensic Science is no exception. Neither the police, nor the lawyer,
nor even the judge appreciates fully the advances or the extensive potentialities of the science.
There is a unanimity that medical and forensic evidence plays a crucial role in helping the
courts of law to arrive at logical conclusions. Therefore, the expert medical professionals should
be encouraged to undertake medico legal work and simultaneously the atmosphere in courts
should be congenial to the medical witness. This attains utmost importance looking at the
outcome of the case, since if good experts avoid court attendance, less objective professional
will fill the gap, ultimately affecting the justice. The need to involve more and more
professionals in expert testimony has been felt by different organizations. Though many plans
have been brought before the ministry of Home Affairs which includes formation of Forensic
Council where not only the Evidence Act but the Information Technology Act and The Code of
Criminal Procedure will become complementary to the Science.

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BIBLIOGRAPHY
The books, websites and other resources that have been helpful in completing this project
include the following:
1. www.scribd.com
2. www.ijrsp.com
3. www.legalservices.com
4. Forensic Science in Criminal Investigation and Trials, Dr. B.R. Sharma, 2014, 5th Edition
5. www.justor.org

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