BITEMARK- A CIRCUMSTANTIAL EVIDENCE IN THE COURT OF LAW

❖ Presented By- Dr. Romesha Chatterjee, final year Master Student

Parul University, Vadodara, Gujarat.
❖ Co-Author: Dr.Arushi Chawla, Head of Department of Forensic Science
Parul University, Vadodara, Gujarat.
▪ Circumstantial evidence, also known as ‘indirect’ evidence, is often dismissed as being weaker than direct evidence though it has proven to be
powerful where there is little or no direct evidence, and it is also more credible in relation to error rates of wrongfully convicted crimes.
▪ In India, the term circumstantial evidence was coined by Sir James Stephen.

▪ One of the most crucial examples of a circumstantial evidence in the field of forensic odontology is “BITEMARKS”.

❑ WHAT ARE BITEMARKS?

▪ As stated by Clark in 1992,it is defined as a ‘Pattern produced by any human or animal dentition and associated structures in any substance
capable of being marked by these means’ .
▪ As said by Furness, “The criminal may lie through his teeth though the teeth themselves cannot lie”

❑ BITE MARK FORENSIC SIGNIFICANCE

1. Dental age identification

2. Identification of unknown
3. Confirmation of identification
4. Age estimation of an individual from teeth through bite mark analysis
5. Sex determination
6. Role in domestic violence, physical abuse sexual assaults, kidnapping
❑ Types of Bitemark-

1. Haemorrhage (a small bleeding spot)

2. Abrasion (undamaging mark on skin)

3. Contusion (ruptured blood vessels, bruise)

4. Laceration (near puncture of skin)

5. Incision (neat punctured or torn skin)

6. Avulsion (removal of skin)

7. Artifact (bitten off piece of body)

❑ Physical Characteristics of a Bite Mark Pattern:

1. Incisors: Rectangular shaped mark, sometimes with perforations at the incisal angle areas

2. Canines: Triangular markings with apex towards labial and base towards lingual

3. Premolars: Single or dual triangle with bases of triangles facing each other or coming together as diamond shaped

4. Molars: Rarely leave bite marks, usually quadrilateral markings.

❑ CLASSIFICATION OF BITE MARK

A. Cameron And SIMS Classification: Based on the type of agent producing the bite mark and material exhibiting it.

1. Agents: a) Human

b) Animal

2. Materials: a) Skin, body tissue

b) Food stuff

c) other materials

B. Mac Donald’s Classification:

a) Tooth Pressure Marks: Marks produced on tissues as a result of direct application of pressure by teeth. These are generally produced
by the incisal or occlusal surfaces of teeth.

b) Tongue Pressure Marks: When sufficient amount of tissue is taken into mouth, the tongue presses it against rigid areas.

c) Tooth Scrape Marks: These are caused due to scraping of teeth across the bitten material. They are usually caused by anterior teeth
and present as scratches or superficial abrasions.
C. According To Degree of Impression:

a) Clearly Defined - significant pressure

b) Obviously Defined - First degree pressure

c) Quite Noticeable - violent pressure

d) Lacerated - skin violently torn from body.

❑ Mechanism of Bitemark
1. The bite mark features aid in distinguishing whether the markings were made by maxillary or mandibular teeth.

2. The maxillary central incisors and lateral incisors generate rectangular markings, with the centrals being broader than the laterals,

3. whereas the maxillary cuspids produce round or oval marks.

4. The mandibular central and lateral incisors similarly make rectangular markings, but they are almost equal in breadth,

5. whereas the mandibular cuspids make round or oval trace mark.

6. The clinical appearance of dental pressure shows pale patches signifying incise edges and bruises representing incisal margins.
 7. Scratches and abrasions are common clinical manifestations. Identification is aided by scratches and abrasions that reveal irregularity and distinctiveness of
incisal edges.

8. An ideal human bite mark is doughnut shaped, with two 'U' shaped arches representing the mandibular and maxillary arches separated at their base.

9. The anterior six teeth form the individual arches.

10. In practise, human bite marks are often round to oval in shape, as opposed to animal bite marks, which are typically 'U' shaped.

11. The bite mark injury's diameter varies, although it is commonly between 25 and 40 mm in diameter.

❑ Methods to Detect Bite Mark:

• There are four comparison methods to detect a bite mark, they are:

1. Direct comparison

2. Overlays

3. Three-dimensional (3D) comparison

4. Software’s in bite mark.

• New Methods in Bite Mark Analysis are:

1. 3D scanners in tooth mark analysis

2. Geometric morphometric analysis.

❑Collection of Bitemark for Analysis
▪ From the Victim-A) The double swab procedure

B) Photography
▪ From the Suspect- A) Dental Records:

1) Extraoral Considerations

• Maximum vertical opening and any deviations should be noted whenever possible.

• Evidence of surgery, trauma and/or facial asymmetry should be noted.

• TMJ function may be checked in addition to the previous observations.

• Muscle tone and balance may also be checked in addition to the previous observations.

2) Intraoral Considerations

• Missing and misaligned of teeth should be noted.

• Broken and restored teeth should be noted.

• The periodontal condition and tooth mobility should be noted whenever possible.

• Previous dental charts should be reviewed if available.

B) Photographic Documentation of the Dentition: A scale such as the ABFO No. 2 scale should be utilized when using a scale for photography.
 ❑ ANIMAL BITES

FISH BITE CROCODILE BITE

❑ Legislative Regulations

1. Section 45 of Indian Evidence Act (IEA) – All forensic evidences come under the section 45 and 46 of IEA which includes –
A) The court, when necessary, will place its faith on skills of persons who have technical knowledge of the facts concerned

B) The court will rely a Bonafede statement of proof given by the expert concluded on the basis of scientific techniques.

C) The evidence which is considered irrelevant would be given relevance in eyes of law if they are consistent with the opinion of experts

• Indian Laws related to Sexual Assault Cases and Physical Violence –

1. IPC Section 319 - When a person does an act with the intention of causing hurt to somebody or with the knowledge that he likely to cause
hurt, he is guilty of causing hurt voluntarily under. When a person voluntarily causes hurt to somebody, the court can punish him
with imprisonment up to 1 year.

2. IPC Section 323 – Punishment of voluntarily causing hurt. Whoever, except in the case provided by sec 334, voluntary causes hurt, shall be
punished with imprisonment for a long term which might extend to a year or so or fine up to one thousand rupees.

3.Rape and IPC- Rape and sexual crimes against any gender have long since been considered a crime under the ambit of Indian Law, by virtue
of the Indian Penal Code, 1860 (IPC).
▪ Section 375 of the IPC- Defines rape to include any or all of the following acts, by a man against a woman:

1. Penetration of a man’s sexual organ (penis) into a woman’s mouth, vagina, urethra or anus or making her do so with him or someone or

2. Inserting any object, not the penis, into a woman’s vagina, urethra or anus or making her do so with him or someone else; or

3. Manipulating any body part of the woman to cause penetration into her vagina, urethra, anus or any other body part or making her do so with
him or someone else; or

4. Applying his mouth to a woman’s vagina, urethra or anus or making her do so with him or someone else.

▪ Under the following circumstances:

1. Against her will;

2. Without her consent;

3. With her consent, if such consent is obtained by causing her fear of death or hurt for herself or for someone she knows;

4. With her consent, if she believes the man, she is engaging with sexually is her husband;

5. With her consent, where due to unsoundness of mind or intoxication, the woman is not able to fully understand the nature and consequences of
the act she consents to;

6. With or without the consent of a woman who is below 18 years if age;

7. When the woman is unable to communicate consent.

❑ Section 375 of IPC,2017- Sexual intercourse under the age of majority (below 18years), even if the minor is married and the accused is the
husband, shall now constitute the offence of rape.

❑ Criminal Law (Amendment) Act 2013- Under the new amendment Act, a rape is considered aggravated if it meets any
of the following conditions:

1. Rape by someone having authority over the woman because of legal status (for example: police officer, army
personnel)

2. Rape by someone who is in a position of trust in relation with the survivor (for example: family, hospital staff)

3. Special nature of woman (a pregnant woman, a mentally ill woman, a woman who cannot give consent, a woman
below the age of sixteen)

4. Rape involving violent circumstances (rape during time of communal riots, repeatedly raping someone)

5. Other forms of aggravated rape include where the survivor die from the rape, where the survivor ends up in a
vegetative state or where the survivor is gang raped.

❑ Protection of Children from Sexual Offences Act (POCSO Act), 2012 had been enacted for the protection of minors from sexual
exploitation and to provide them with easier access to the process of prosecution via the creation of special courts, with trained personals for
taking care of the minor’s mental and emotional state during the trail.
❑ Punishment for an Act of Rape under IPC 375- The punishment is rigorous imprisonment of 7 years to lifetime and the person will also
be liable to pay a fine. Furthermore, in cases which resulted in the death of the victim or the victim being left in a vegetative state, the minimum
sentence had been duly increased to twenty years. The legislation further upheld that if children within the age of 16 to 18 undertake in activities
comprising of gruesome and violent murders and rapes, they deserved to be tried and punished as adults.

❑ Punishment for Sexual Harassment under the IPC 354 - The punishment for physical contact or a demand or request for sexual
favours or showing pornography against the will of a woman has rigorous imprisonment for a term that may extend to 3 years, or a fine, or both
while the punishment for making sexually coloured remarks, is either simple or rigorous imprisonment for a term which may extend to 1 year, or
a fine, or both.
 ❑ Conclusion-

• Bite mark injuries have an important value in criminal investigations by retaining physical and biological evidences that can be traced back to
the perpetrator. The importance of bite marks providing valuable information in nailing a rape accused is based on the fact that the majority of
rapists leave bite marks on their victims. Bite marks carry a high Forensic value based on the characteristics of the bite marks that are similar to
the defendants. Such evidence is as conclusive as DNA and fingerprint evidence in rape cases. With technological advances and recent use of
ultra violet lighting to detect human bite marks on rape victims Odontology has proved to be boon.