FORENSIC AND SCIENTIFIC INVESTIGATION OF CRIMES

INTRODUCTION

 Forensic Science may be defined as the science which teaches the application of every branch of
medical knowledge to the purpose of law.
 It is also often denoted as Criminalistics, derived from the German word Kriminalistik, coined by
Australian criminalist Hans Gross.
 Anatomy, surgery, physiology, botany, chemistry, physics all lend their aid as the necessity arises.
 However, Criminalistics is one subdivision of forensic sciences.
 The terms are often confused and used interchangeably.
 Forensic sciences encompass a variety of scientific disciplines such as medicine , toxicology ,
anthropology , entomology, odontology and of course, criminalistics.
 The American Board of Criminalistics defines criminalistics as "that profession and scientific
discipline directed to the recognition, identification , individualization, and evaluation of physical
evidence by application of the physical and natural sciences to law-sciences matters."
 The California Association of Criminalistics provides a slightly different definition: "that
professional occupation concerned with the scientific analysis and examination of physical
evidence , its interpretation, and its presentation in court."
 In the words of Paul Kirk:-
 Wherever he steps, whatever he touches, whatever he leaves, even unconsciously, will serve as a
silent witness against him. Not only his fingerprint or his footprints, but his hair, the fibre from his
clothes, the glass he breaks, the tool marks he leaves, the paint he scratches, the blood or semen he
deposits or collects. All of these and more, bear mute witness against him. This is evidence that does
not forget. It is factual evidence. Physical evidence cannot be wrong. Only human failure to find it,
study and understand it, can diminish its value., it cannot perjure itself, it cannot be wholly absent.
 Various types of physical evidence can be found at almost any crime scene. The types of evidence
and where it is found can assist investigators to develop a sense of how the crime was committed.
 Tool marks where a door was forced open can indicate a point of entry, shoe prints can show a path
of travel, and blood stains can indicate an area where conflict occurred. Each of these pieces of
physical evidence is a valuable exhibit capable of providing general information about relationships
between objects, people, and events.
 Forensic science helps to prove the existence of a crime, to find out the perpetrator of a crime, or a
connection of someone to a crime through the:-
- Examination of physical evidence
- Administration of tests
- Interpretation of data
- Clear and concise reporting
- Truthful testimony of a forensic scientist
 Forensic Science embraces all branches of Science and applies them to the purposes of law.
 The Science of Fingerprints, anthropometry, ballistics, track marks, documents(especially
handwriting), hair and fibre analysis, DNA analysis, blood samples are some of the recent
advancements of forensic science.
 Along with them, there are also Forensic Pathology, Forensic Anthropology, Forensic
Entomology, Forensic Odontology, Forensic Engineering, Criminal Profiling, Geographic
Profiling, Forensic Document Analysis and many more.
 One significant of these is DNA Profiling for the identification of human beings.
 The Forensic Scientist has to depend, for the proper functioning of forensic science, upon the
investigating officer, the presenting counsel and also the judge for the forensic science to do the
needful in the dissemination of justice.
 The investigating officer plays a key role here: if he does not know how to collect the correct clues,
how to properly preserve them, pack them to keep intact the integrity and identity of the material, the
best of scientific expertise would be of no help.
 Also, both the investigative officer and the judge must know the science correctly and must know
how to relate the two, i.e., the scientific evidence and the other evidence.
  The public should also try not to disturb, destroy or contaminate the clues at the crime scene or
elsewhere.

The evidence collected through the help of forensics is only helpful if the investigating officer knows:-

 The nature of the physical evidence to be collected.

 Where is it found.
 How to collect it, pack it and keep it intact.
 How to preserve and dispatch it.
 How much sample to collect.
 What standard samples for comparison purpose are necessary.
 How the laboratory results will link the crime with the criminal.
 Because there is rarely more than one opportunity to obtain evidence from a crime scene, the
investigation by the investigating officers must be methodical and complete.
 After a preliminary search, the crime scene is photographed; some police departments also make a
videotape of the scene.
 Careful measurements and detailed notes are taken, sketches are drawn. Evidence is collected and
carefully catalogued.

NEED & IMPORTANCE

 Forensic provide us with evidence which is objective.

 It helps in the elimination of any subjective bias.
 If fingerprint is found at any crime scene, it can belong to any one person. If that person is a suspect,
he must account for his/her presence at the crime scene.
 Similarly, in case a bullet is recovered from a dead body, it can be linked only to one fire arm.
 Such kind of evidence is always verifiable.
 It is free from any human failings except for outright dishonesty.
 Due to advancement of Science and Technology, the modus operandi of committing crimes have
changed.
 So, for combating such types of crimes, the ordinary and obsolete methods of crime detection are not
tenable in the present day circumstances.
 Today normal criminal behaviour has been transformed into electronic criminal behavior for example
cyber crimes.
 For detection of different types of modernised crimes, forensic science is must.
 A crime is a breach of criminal law that requires two elements- a mental element (mens rea- guilty
mind) and physical evidence (actus reus- guilty act).
 It is not possible to directly establish mens rea using physical science-this must be inferred from the
activities and behaviour of the accused.
 To commit a crime, the accused must have an intent to do wrong and to carry out the act. A criminal
investigation is a search for information with the aim of bringing an offender to justice which is
achieved by reconstructing the events leading upto, during and sometimes after the crime.
 This is done by gathering facts and information, speaking to witnesses, recovering documents,
examining CCTV footages and carrying out scientific examinations, all with the aim of answering
questions: who? what? why? when? where? how?
 To do this effectively requires skills and resources and time.

TOOL KIT FOR A FORENSIC SCIENTIST

 Camera and film to photograph scene and evidence

 Sketchpad and pens for scene sketches
 Disposable and protective clothing (overall suits), face masks and gloves (usually latex gloves).
 Torch and other light sources such as laser, ultra violet (UV) and infrared (IR) lighting. These
different lights can uncover certain types of evidence that normal torchlight won’t.
 Magnifying glass to help with finding trace evidence.
  Tweezers for collecting evidence such as hair and fibers.
 Cotton wool buds (cotton swabs) for collecting samples of fluid evidence.
 Crime scene tape to secure the scene and the area around which the crime took place.
 Evidence bags (paper and plastic) and evidence tubes (plastic and glass) and marker pen to label
evidence. This assists in keeping evidence uncontaminated and allows for safe and easy transport to
the lab.
 Fingerprint supplies this includes things like ink, print cards, lifting tape, dusting powders (there are
a variety of these for different situations) and exposing reagents (such as luminol).
 Casting kits for making casts of shoe/footwear prints, animal prints, tyre and tool markings.

TYPES OF EVIDENCE

 Physical or Biological: Forensic evidence can be divided into two basic categories-
 Physical evidence: Physical evidence may take the form of non-living or inorganic items, such as
fingerprints, shoe and tire impressions, tool marks, fibers, paint, glass, drugs, firearms, bullets and
shell casings, documents, explosives, and petroleum byproducts or distilled fire accelerants.
 Biological evidence: On the other hand, this type of evidence includes organic things like blood,
saliva, urine, semen, hair, and botanical materials, such as wood, plants.

PRINCIPLES OF FORENSIC SCIENCE

Law of Individuality:-
 Every object, natural or man made, has an individuality, which is not duplicated in any other object.
It is unique.
 The principle of individuality has been attributed to Paul L Kirk and is regarded as the building block
for forensic science.
 Individuality implies that every entity, whether person or object, can only be identical to itself and so
is unique.
 No two objects whether natural or artificial can be exactly the same.

Principle of Exchange:-
 Whenever two entities come into contact, mutual exchange of traces takes place.
 Attributed to Edmund Locard, who said that “every contact leaves a trace”, this principles implies
that every contact between a person and another person or a person and a place results in the transfer
of materials between them.
 This may lead to a connection between a suspect and a crime scene or a suspect and a victim, based
on transferred fragments of materials.

The Law of Progressive Change:-

 Everything changes with the passage of time
 Nothing remains the same, nothing is permanent, nothing is immutable.
 A person can undergo progressive changes. Everything changes.
 Different objects change, although they may change across different time spans.
 For example, blood samples will eventually degrade.
 Samples degrade with time, bodies decompose, tire tracks & bite marks fade, metal objects rust, etc.
 Even the scene of occurrences undergo rapid changes.

The Law of Comparison

 Only the likes can be compared
 This is the principle of comparison
 This principle emphasizes the necessity of providing only like samples or specimens
 In other words, blood samples are compared to other blood samples, fibers are compared to other
fibers, and so forth.
 For example- if blood found on the scene of a crime is an A+ positive, then it cannot be compared
with a person having other blood group but it can be with a person having the same blood group.
  Once handwriting available on a photograph allegedly written on a wall was compared with the
specimen written on paper. It did not give worthwhile results.

The Law of Circumstantial Facts

 “Facts do not lie, men can and do”
This is concerned with eyewitness testimony, victim statements, and so forth.
 Anytime that people are called upon to provide evidence there is a chance that the evidence they
supply is not accurate.
 This can be unintentional e.g. through mistaken observations, making assumptions or deliberate e.g.
lying or exaggerating.
 On the contrary, evidence which gives a factual account e.g. based on investigation, that evidence
has a higher chance of being accurate and is more reliable.

Principle of Analysis
 The analysis can be no better than the sample analysed.
 The quality of any analysis is determined by the quality of the sample under analysis, the chain of
custody, and the expertise of the individual who analyses it.

FORENSIC SCIENCE DEVELOPMENT IN INDIA

Medico-Legal work in Ancient India

 Kautilya’s Arthashashtra states that death can be caused by 4 ways of stopping the breathing
(strangling, hanging, asphyxiation or drowning); two ways of physical injury (by beating/throwing
from height); poisoning (by poisons, snake or insect bite or narcotic drugs).
 Arthashasthra gives a list of symptoms as per forensic evidence for establishing the cause of death,
which are:
 Strangling – urine or faeces thrown out, skin of the abdomen inflated with wind, swollen hands &
feet, eyes open, marks on the throat
 Hanging- in addition to above indications of strangling, contractions of arms & thighs
 Asphyxiation – swollen hands, feet or abdomen, sunken eyes, inflated navel
 Drowning- protruding eyes or anus, bitten tongue, swollen abdomen
 Beaten to death with sticks or stones - broken or dislocated limbs, body covered in blood
 Hurled down from a height- limbs shattered & burst
 Poisoning- dark hands, feet, teeth or nails, loose flesh, hair or skin, foamy mouth
 Snake/insect bite- in addition to above, bloody bite marks
 Narcotic drugs- clothes strewn about, body spread-eagled, excessive vomiting & purging.
 In case death is suspected to be due to poisoning, the undigested parts of the meal shall be tested by
feeding it to birds. If these parts, when thrown in fire, produce a crackling sound & become multi-
coloured, poisoning is proved. If the heart/stomach does not burn when the body is cremated,
poisoning is proved.
 Arthashasthra describes the necessity of autopsy in establishing the cause of death. It states that the
magistrate shall conduct a post-mortem on any case of sudden unnatural death after smearing the
body with oil to bring out the bruises, swelling & other injuries. The examination on the cause of
death shall be conducted even in cases where it appears that the person had committed suicide by
hanging because sometimes for fear of punishment, marks are produced on the throat of the body
after the murder.
 The first treatise on Indian medicine was the Agnivesa Charaka Samhita composed in the 7th century
BC. The Charaka Samhita lays down a code regarding the training, privilege & social status of
physicians. It can be considered the origin of medical ethics. The Charaka Samhita gives a detailed
description of various poisons, symptoms, signs & treatments of poisoning.
 Shusruta, the father of Indian surgery, composed the Shusruta Samhita between 200 & 300 AD. The
chapters on forensic medicine were so carefully written that they are in no way inferior to modern
knowledge on the subject. It contains a separate chapter on toxicology where poisons were classified
as plant products, animal products, artificial.
Evolution of medico-legal work in British India
 In British India, the early incidence of custodial death & its certification by medical practitioners
were reported in the then Madras in 1678, when a soldier Thomas Savage, in a drunken brawl abused
his superior officer, he was tied to the cot & his neck and heels with hands behind & knees on
shoulders were bound, due to which he died. The then Governor General Sir William Langhorne
ordered hos body to be inspected wherein the first death certificate was issued in India, finding
‘apparent marks on his binding about his neck’ which was found to be the cause of death.
 In 1822, the first medical school was established in Calcutta, later converted into a Medical College
in 1835. in the same year the Madras Medical College was also established.
 The most outstanding contributions= of India to legal medicine during this period is modern
dactylography, which was for the first time used in 1858 in Bengal to recognize the individuality of
fingerprints, had used thumb impressions to identify illiterate prisoners & workers, by Sir William
Herschel.
 Based on Herschel’s theory, Sir Francis Galton of England, devised the systematic study & methods
of using fingerprints for personal identification in 1892 in his book Fingerprints, concluded that
fingerprints were individual & permanent & that even identical twins had different ridge patterns.
 Among the prominent Indian medico-legists of the 1900s was Dr. JP Modi (1875-1954) Who was a
teacher of medical jurisprudence at Agra & Lucknow medical College from 1918 until his
retirement & published his textbook, Medical Jurisprudence and Toxicology in 1920 which was later
edited by Dr. NJ Modi.
 The All India Institute of Medical Sciences publishes a journal of Forensic Medicine and Toxicology
& Indian Academy of Forensic Medicine publishes a journal of the Indian Academy of Forensic
Medicine.

Post-Independence Trends in India

 A medico-legal Institute attached to the Gandhi Medical College, Bhopal, MP, was established in
1977.
 The Institute of Criminology and Forensic Sciences under the administrative control of the Ministry
of Home Affairs was established in 1971 at New Delhi with the following objectives:
 To impart training to in-service personnel of the police, judiciary & correctional services
 To conduct research in the filed of criminology & forensic science, & to establish a fraternity on
national & international levels
 To be an educational institution at the post graduate level for persons seeking higher studies either in
the faculty of criminology or forensic science.

FORENSIC SCIENCE LABORATORIES

 Forensic Science being important part of criminal justice system plays an important role in the
investigation by examining physical evidence scientifically.
 This science applies scientific testing methods and the latest technologies to analyze the evidences in
Forensic Science Laboratories.
 Proof of guilt or innocence is frequently determined by the results of forensic evidence analysis and
their interpretation thereafter.
 Edmond Locard was first to set up the world's first forensic laboratory in his native country Lyon,
France in 1910.
 In 1912, Locard examined the body of a woman Marie Latelle- who was found dead in her parent's
home
 -convinced she was strangled to death
 -boyfriend claimed that he was playing a game of cards with some of his friends the night of the
death of his girlfriend.
 - while investigating, scraped underneath the fingernails of her boyfriend Gourbin for taking the skin
cell sample
  -he noticed a pink dust among the samples he collected from his prime suspect, which he figured to
be from ladies makeup.
 Thus, the principle of mutual exchange helped Locard to come a decisive output as to the
involvement of Gourbain in Marie’s strangulation.

AIMS
 The aim of the Forensic science laboratories is to contribute scientific assistance to the agencies
involved in criminal investigation.
 They examine the crime related exhibits referred by Police, Judiciary, and other government
departments and undertakings and give opinion.
 They provides services/assistance to the Government Investigating Agencies in the search and
seizure of evidence at the Scene of Crime.
 Further they depose Evidence before the Hon'ble Judiciary/Enquiry authorities as expert witness and
substantiate their reports/opinions.
 They provide knowledge and training about the role of Forensic Science and its application to crime
investigation to police personnel; Judiciary officers and other related officers.
 They deliver awareness lectures on various aspects of Forensic Science to trainees in various Police,
Judicial, and other related departments including the people.
 They perform research in the field of forensics and continuously update the techniques and methods
used for analysis of physical evidence in Forensic science laboratories. ·
 Finally to improve the quality of laboratory services provided to criminal justice system.

CENTRAL FORENSIC SCIENCE LABORATORIES

 The Central Forensic Science Laboratory (CFSL): DIRECTORATE OF FORENSIC SERVICES,

MHA, INDIA.
 There are seven central forensic laboratories in India, at Hyderabad, Kolkata, Chandigarh, New
Delhi, Guwahati, Bhopal and Pune.
 These laboratories are under the control of the Directorate of Forensic Science Services (DFSS) of
the Ministry of Home Affairs.
 The CFSL in New Delhi is under the control of the Central Bureau of Investigation (CBI) and
investigates cases on its behalf.
 (State) FSL Delhi, which is under the adm. Control of GNCT, has been notified as Examiner of
Electronic Evidence under Section 79A of the IT Act, 2000.
 Other forensic sc. labs are located in Assam, Telangana, Bihar, Haryana, H.P., Jammu etc to name a
few.
 These laboratories are organized and operate in such a way that they meet the requirements of
accreditation while performing in their permanent, temporary or mobile facilities.
 The Directorate of Forensic Science Services (DFSS) was created in the year 2002.
 It was established on the basis of the recommendations of National Human Rights Commission
and Padmanabhaiah Committee on Police Reforms.
  It seeks to render ‘High quality and credible forensic services' to justice delivery system.
 The Central Forensic Science Laboratories (CFSLs), State Forensic Science Laboratories (SFSLs)
and District Forensic Science Laboratories (DFSLs) handle many kinds of evidence and have
separate divisions for ballistics, toxicology, serology, narcotics, general chemistry, explosives,
forensic pathology, DNA and computer forensics.
 At present, India does not have a uniform or comprehensive legislative framework to oversee their
functioning or ensure that they adhere to strict standard operating procedures and protocols.

ORGANISATIONAL STRUCTURE-CFSL BHOPAL

The divisions of Forensic Laboratories are as follows:
 1. Photography
 2. Instrumental Analysis
 3. Computer Facility
 4. Biological sciences, which include · Serology unit · DNA unit
 5. Physical Sciences, which include examples· Ballistics unit
 6. Chemical Sciences, which include · Toxicology unit · Narcotics unit · Explosive unit
 8. Documents Division
 9. Fingerprint Division
 10. Psychological Division (Lie Detection including Brain Finger Printing and Narco Analysis Test)
 11. Voice Identification
 12. Computer Forensics and Cyber Crime
 13. Field Units or Mobile Laboratory
 All the Forensic Science Laboratory are headed by a Director, who has undergone scientific training
and has few years' laboratory experience.
 In comparatively bigger laboratories the director is assisted by Additional or Joint Director
(technical) and an Administrative Officer (non-technical).

HEIRARCHY

Functions of Directorate of Forensic Science Laboratories:

The Directorate undertakes the following work: -

(1) Analysis and issuing of reports on exhibit submitted by Police and Medical Officers, in cases pertaining
to criminal offences (charged under the Indian Penal Code etc.) or investigation of sudden deaths (Section
174 of Code of Criminal Procedure).
(2) Supply expert information within the scope of its duties to any Department of Government, Which may
consult it.
(3) Deal with medico legal and toxicological exhibits submitted by Military Medical Officers.
(4) Attend courts of law as Expert Witness, when called upon to do so.

MOBILE FORENSIC SCIENCE UNIT:-

- Can reach the scene quicker in order to assist the investigating officer.
- Equipped with the necessary facilities and carry the forensic tools and kits
- In order to ensure optimum utilization of the forensic science techniques in crime investigation, such as
processing of the scene of crime, collection, handling, preservation, packaging of the physical evidence,
each van is equipped with modern crime scene processing kits and equipment to handle any crime situation,
effectively.
- Graduate constables trained in scientific crime investigation are also deputed with the vans to assist the
investigating officer.

COMMITTEE
Committee on Reforms of Criminal Justice System March 2003 : Government of India, Ministry of
Home Affairs
Emphasised on the importance of COORDINATION AMONGST INVESTIGATORS, FORENSIC
EXPERTS AND PROSECUTORS.
To help the Crime Police by providing logistic support in the form of Forensic and other specialists and
equipment.
Malimath Committee on Reforms in the Criminal Justice System November, 2000 talked about the
strengthening of forensic science laboratory and Finger Print Bureau

FORENSIC LAB SAFETY

- The job of a forensic scientist involves using a variety of chemicals, which can be flammable, corrosive
and even explosive if not handled properly. Here are a few tips that forensic labs follow to ensure that their
employees stay safe: Labs should have procedures in place for the use and disposal of chemicals, as well as
a safety plan in case of emergency (including a safety shower and eyewash station).
- Employees need to be well-trained in the use of all chemicals, understanding the properties of each
chemical and its potential to cause injury.
- Lab technicians should wear the proper gear -- eyewear to protect against chemical splashes and gloves to
protect their hands.
- Chemical containers should be properly labeled with the correct chemical name.
- Flammable liquids should always be kept in special storage containers or a storage room. Putting these
types of chemicals in a regular refrigerator can lead to an explosion.
- The Central Forensic Science Laboratories (CFSLs), State Forensic Science Laboratories (SFSLs) and
District Forensic Science Laboratories (DFSLs) handle many kinds of evidence and have separate divisions
for ballistics, toxicology, serology, narcotics, general chemistry, explosives, forensic pathology, DNA and
computer forensics.

TYPES OF CRIME SCENES:

There are many ways to classify a crime scene:
1. The original location at which the crime was committed (e.g. primary scene, secondary scene);
2. The type of crime committed (e.g., homicide, sexual assault, robbery);
3. The physical location (e.g., indoor, outdoor);
4. The physical condition (e.g., buried, underwater);
5. The boundaries of the scene (e.g., house, train, bank, computer, car);
6. The appearance of the crime scene (e.g. organized, disorganized crime scene);
7. The activity (e.g. active, passive scenes); and
8. The size of the crime scene (e.g. universal, macroscopic, microscopic scene).

- There is no single classification method that will satisfy all the elements of the crime scene and its
investigation.
- Crime scene investigators need to develop the ability to utilize their analytical skills and logical approaches
to make an initial determination regarding the number and types of crime scenes that were involved in the
commission of the crime.
- Finding the exact, precise boundaries of a crime scene may be difficult, and may require adjustments after
the initial observations.
- The proper sequence of events of the crime can be established, and thus the physical evidence from each of
the scenes can be successfully recognized. The crime scene investigation and the forensic process will thus
begin.

FORENSICS AND CRPC AND LAW OF EVIDENCE

 The Code of Criminal Procedure, 1973 regulates the procedure for arrest, investigation, inquiry &
trail of offences under the IPC & under any other law governing criminal offences. The Code
provides for a mechanism for conducting trials in a criminal case. It gives the procedure for
registering a complaint, conducting a trial & passing an order & filing an appeal against any other.
 Fast & efficient justice system is an essential component of good governance. However, delay in
delivery of justice due to complex legal procedures, large pendency of cases in the Courts, low
conviction rates, low level of uses of technology in legal system, delays in investigation system,
complex procedures, inadequate use of forensics are the biggest hurdles in speedy delivery of justice,
which impacts poor man adversely.

FORENSICS INVESTIGATION AND CRPC

The Code of Criminal Procedure deals with forensic investigation in the following ways
1. Due process in forensic investigation
1. Medical examination of accused (Sec. 53 & 53A)
2. Medical examination of the victim/rape victim (Sec. 164A)
2. Search and Seizure
Sec 93, 94
3. Persons in charge of closed place to allow search Panchnama
` Sec 100 of the CrPC
4. Investigation over unnatural death
Sec 174 (Inquest report)
Medical Examination of the accused
Sec 53: At the request of the Police Officer
Sec 53 A: Examination of person accused of rape
The registered medical practitioner shall conduct the examination without any delay and prepare a report of
such a person by providing the following information:
 The name and person of the accused and the name of the person whom he was brought by,
 Age of the accused,
 Injury marks,
 The description of the material taken from the person for DNA profiling,
 Other information in particular.
The report shall precisely state the reason for each conclusion arrived at.
The date of commencement and completion has to be mentioned in the report.

Sec 164 A:Medical Examination of the victim

 Examination of a case of rape shall be conducted by a registered medical practitioner (RMP)
employed in a hospital run by the government or a local authority and in the absence of such a
practitioner, by any other RMP. The RMP shall give the following particulars in his report:
 Name & address of the women
 Age of the women
 Description of the materials taken from the person of the woman for DNA profiling
 Marks of injury if any
  General mental condition of the woman
 Other material particulars in details
 The reports shall state precisely the reasons for each conclusion arrived at
 Record consent obtained specifically for this examination
 Exact time of start and close of examination to be recorded
 Examination to be conducted without delay and a reasoned report to be prepared by the RMP
 RMP to forward report without delay to Investigating Officer (IO), and in turn IO to Magistrate

Comprehensive Response Program guidelines according to the MOH

 Providing necessary medical support to the survivor of sexual violence.
•Establishing a uniform method of examination and evidence collection by following the protocols [in the
Sexual Abuse Forensic Evidence (SAFE) kit].
•Informed consent for examination, evidence collection and informing the police.
•First contact psychological support and validation.
•Maintaining a clear and fool-proof chain of custody of medical evidence collected.
•Referring to appropriate agencies for further assistance (eg. Legal support services, shelter services, etc).

DETAILS OF FORENSIC EVIDENCE IN RAPE CASES

1. Examination Semen and Spermatozoa

2. Examination of hymen - the invalidation of two finger test
3. Capacity of the accused
4. Signs of struggle
5. Examination of clothes
 6. Age of the victim

RAPE KIT

Sexual assault evidence collection kit, commonly referred to as a rape kit (SAEC KIT)
 Detailed instructions for the examiner
 Forms for documenting the procedure and evidence gathered
 Tubes and containers for blood and urine samples
 Paper bags for collecting clothing and other physical evidence
 Swabs for biological evidence collection
 Dental floss and wooden sticks for fingernail scrapings
 Glass slides
 Sterile water and saline
 Envelopes, boxes, and labels for each of the various stages of the exam
 Sexual assault evidence collection kit, commonly referred to as a rape kit (SAEC KIT)
 Detailed instructions for the examiner
 Forms for documenting the procedure and evidence gathered
 Tubes and containers for blood and urine samples
 Paper bags for collecting clothing and other physical evidence
 Swabs for biological evidence collection
 Dental floss and wooden sticks for fingernail scrapings
 Glass slides
 Sterile water and saline
 Envelopes, boxes, and labels for each of the various stages of the exam

SEARCH AND SEIZURE

SEC 93, 94

 Sec. 93 – When search warrant may be issued: Where any court has reason to believe that a person
to whom summon under Sec. 91 regarding production of document or a requisition under Sec. 92
(1) regarding delivery of any document/parcel/thing, will not be produced or where such
document/thing is not known to the court to be in possession of any person or where the court
considers for any enquiry/trial under this Code, a search is needed, the Court may issue a search
warrant.
 Sec. 94 – search of place suspected to contain stolen property/forged documents: if the DM, Sub-
Divisional Magistrate/1st Class Magistrate has reason to believe that any place is used for the deposit
of stolen property/production of objectionable articles, he may by warrant, authorize any police
office above the rank of a constable, to enter, search, take possession of such object, to convey such
property before the Magistrate & take into custody every person found in such place.
 Sec. 100 - Persons in charge of closed place to allow search: whenever any place liable to search/
inspection is closed, any person being in charge of such place, on demand of the officer executing the
warrant, upon its production, allow him to search such premises. Before making such search, such
officer shall call upon two/more independent & respectable inhabitants of that locality & conduct the
search in their presence. A list of all things seized & from the places they were seized from shall be
prepared & signed by such officer & those witnesses.
 Sec. 174 – When a police officer receives information that a person has committed suicide/killed by
another or by an animal or machinery or by accident/died under suspicious circumstances he shall
intimate the Executive Magistrate empowered to hold inquest & shall proceed to the place where the
body of such deceased person & in the presence of two/more respectable inhabitants of the
neighborhood, shall make an investigation & draw up a report of the apparent cause of death,
describing such injuries as may be found on the body & stating in what manner or by what weapon
such marks appear to have been inflicted.
 Where the case involves suicide by a woman within 7yrs of marriage/ death of a woman within 7yrs
of marriage under suspicious conditions/death of a woman under 7yrs of marriage & any relative of
the woman has made such a request/ there is doubt regarding cause of death/ police officer for any
 reason considers it expedient to do so; shall forward the body for examination, to the nearest Civil
Surgeon in a Government Hospital.
 The Bharatiya Nagarik Suraksha Sanhita, 2023, provides for the use of technology & forensic
sciences in the investigation of crime & furnishing & lodging of information, service of summons
etc., through electronic communication. Specific time-lines have been prescribed for this time bound
investigation, trial & pronouncement of judgments.

COMPARISON OF SIMILAR SECTIONS BETWEEN THE CRPC & BNSS

CODE OF BHARATIYA NAGARIK

CRIMINAL SURAKSHA SANHITA, 2023
PROCEDURE, 1973
Sec. 53 – Examination of accused Sec. 51- Examination of accused by medical practitioner
by medical practitioner at the at the request of police officer
request of police officer
Sec. 53A – Examination of person Sec. 52 – Examination of person accused of rape by
accused of rape by medical medical practitioner
practitioner
Sec. 93- When search warrant may Sec. 96- When search warrant may be issued
be issued
Sec. 94- Search of place suspected Sec. 97- Search of place suspected to contain stolen
to contain stolen property, forged property, forged documents etc
documents etc
Sec. 100- Persons in charge of Sec. 103- Persons in charge of closed place to allow search
closed place to allow search

Sec. 164 A- Medical examination of Sec. 164 A- Medical examination of the victim of rape
the victim of rape (added in clause (6) the time period of 7 days within
which the RMP shall, forward the report to the
investigating officer to shall forward to the Magistrate)

Sec. 292- Evidence of officers of Sec. 328- Evidence of officers of Mint

Mint

Sec. 293- Reports of certain Sec. 329- Reports of certain government specific experts
government specific experts

NEW ADDITIONS REGARDING USAGE OF FORENSIC SCIENCE BY BNSS REGARDING

INVESTIGATION OF CRIMINAL CASES

 Sec. 176- Procedure for investigation: If on information received by officer in charge of a police
station regarding commission of a offence which he is empowered to investigate, he shall send a
report to the Magistrate having jurisdiction, & shall proceed to the spot to investigate & take
measures for discovery & arrest of the offender & also shall cause the forensic expert to visit the
crime scene to collect forensic evidence in the offence & also cause videography of the process on
mobile phone/ electronic device. Where forensic facility is not available in respect of any such
offence, the State Government shall, until the facility in respect of that matter is developed, notify the
utilization of such facility of any other State.
  In reaction to an offence of rape, the recording of the statement of the victim with the use of any
audio-video electronic means including mobile phone. (Sec. 157 CrPC)
 As the existing law on evidence i.e. The Indian Evidence Act, 1872, did not address the technological
advancement undergone in the country during the last few decades, the Bharatiya Sakshya
Adhiniyam, provides that 'evidence' includes any information given electronically which would
permit appearance of witnesses, accused, experts & victims through electronic means. It provides for
admissibility of an electronic/digital record as evidence having the same legal effect, validity and
enforceability as any other document & other new provisions.

The Indian Evidence Act, Bharatiya Sakshya

1872 Adhiniyam 2023
Under Sec. 3 ‘document’ does not have Sec. 2 (d) ‘document’ illustration (vi) An
illustration (vi) electronic record on emails, server logs,
documents on computers, laptop/smartphone,
messages, websites, locational evidence &
voice mail messages stored on digital devices
are documents.
Sec. 2 not there. Sec. 2(2) Words & expressions used herein and
not defined but defined in the Information
Technology Act, 2000, the Bharatiya Nagarik
Suraksha Sanhita, 2023 & the Bharatiya Nyaya
Sanhita, 2023, shall have the same meanings as
assigned to them in the said Act & Sanhitas.
Sec. 45 When the Court has to form an Sec. 39 (1) corresponds to Sec. 45 of IEA. It
opinion on a point of foreign law, science, incorporates the provisions of Sec. 45 &
art, identify handwriting, finger impression, provides that opinions of experts in a fiend
the opinions upon that point of persons other than foreign law or of science/art are
specially skilled in such foreign law, science, relevant facts when Courts has to form an
art, identify handwriting, finger impression, opinion upon a point in that fiend.
are relevant. Sec. 39(2) corresponds to Sec. 45A of IEA with
Such persons are called experts. no change.
Se. 45A When in a proceeding, the Court has
to form an opinion on matter relating to any
information transmitted/stored in any
computer resource/other electronic digital
form, the opinion of such Examiner is a
relevant fact.

TOOL MARKS, TYRE MARKS AND OTHER IMPRESSIONS

WHAT IS IMPRESSION EVIDENCE?

 The term impression evidence in crime scene investigation refers to marks, prints or any form left on
a surface such as (soil, cement, wood, or metal) of the crime scene that can be used as evidence.
 Impression evidence is formed when one object is pressed against another material. The most
common types of impression evidence found in the crime scene are footprints, tire tracks, bite marks
and tool marks.
 These types of impression evidence can be used by crime scene investigators to link the suspects to
the crime.
TOOL MARKS
 Various kinds of tools may be employed by the criminal in the commission of crime.
 A toolmark is defined as the impression left by the contact of a tool (or a similar object) onto a
surface. ...
 Such links are crucial in forensic sciences, as tools are often used in criminal activities, particularly
in burglaries, and can help to identify a criminal.
 Tools can be thought of as typical instruments such as a screwdriver, hammer, pry bar, drill bit,
punch, or possibly something else, such as a car bumper or a rock. From this definition, tools can be
a wide variety of objects and create any number of different marks, though each mark is thought to
be unique to the tool that made it.
 With respect to tools and tool marks, when the surface of a harder object (the tool) comes into
contact with a softer object (the work piece), the harder object will impart its unique marks or
features on the softer object. By this definition, a well-trained examiner should be able to identify
the source of a tool mark by comparing known tool marks produced by that tool to the one in
question.

TYPES OF TOOL MARKS

 Compressions-Indented Tool Marks
 Sliding Tool Marks
 Cutting Tool Marks
 Compression-Hammer into a wood
 When tool is pushed into a softer surface.
 Sliding-Screwdriver
 When the tool slides along the surface.
 Cutting-Scissor

METHOD OF COLLECTING TOOL MARK EVIDENCE

The examination of toolmarks is conducted in different phases. First, the toolmark is observed, measured,
and described. Second, a photograph perpendicular to the toolmark, is taken. This provides a permanent
record of the class and some individual characteristics of the toolmark. Then, if the support onto which the
toolmark is located cannot be collected as evidence, a cast of the toolmark is made.-
 CASTING-When it is not possible to collect the article or the part bearing the marks, then casts are
prepared.
 PLASTICINE-
 Plasticine is a putty-like modelling material made from calcium salts, petroleum jelly and aliphatic
acids. Plasticine is used for children's play and as a modelling medium for more formal or
permanent structures.
 Other materials include dental paste, plaster of paris.
 Toolmarks bear two kinds of characteristics: class and individual. The class characteristics of a
toolmark include the type of impression, its general shape, and its general dimensions. Class
characteristics typically allow the examiner to determine what type of tool created the impression
and how the mark was created. Conversely, they do not permit for the identification of the exact tool
that created the impression. This means that if only class characteristics are available on a toolmark,
it will not be possible to distinguish which tool, among a series of similar tools, made the
impression.
 Individual characteristics, also called accidental characteristics, are the striations and small
particularities exhibited by the tool that are individual to one unique tool. They consist of small,
commonly microscopic, indentations, ridges, and irregularities present on the tool itself. For
example, the tip of a screwdriver is never perfectly flat, but shows small ridges along its edge. These
are created by the history of the tool such as its use and misuse, its cleaning, and its maintenance.
These characteristics are the only ones that permit a formal identification. If such characteristics are
present in the toolmark, it is possible to identify the actual individual tool that created the impression,
even among a series of identical tools.
 Tool mark examiners typically look for “unique” features that can be used to produce a positive
match between the surface and the tool in question by using pattern matching.
 Pattern matching is when topographical features such as the relative height or depth, width,
curvature of the features are defined for one tool mark and are then compared to the corresponding
topographical features in the other tool mark.
 In the second step, microscope comparisons are made and individualization occurs during this step
 During microscope comparisons, two bullets or casings can be observed at the same time, by placing
them in the same field of view. In order for there to be a match, longitudinal striations between two
bullets as well as the breech face impressions must coincide. Generally, microscopic observations are
conducted of striations on a tool, to be compared to the evidence marked by that tool recovered from
the suspect or the crime scene.

 In the third step, the examiner would come to one of three conclusions; an identification, elimination,
or inconclusive.
 Positive Identification-
 The class characteristics are consistent and the individual characteristics also match.
  This means that the likelihood that a tool other than the tool submitted for examination made the
mark is very remote.
 Negative Identification/Elimination- The tool mark was not made by the submitted tool. The class
characteristics did not match.
 Inconclusive- Class characteristics match but individual characteristics did not match.

 Since manufacturing operations create microscopic random imperfections on/in work pieces
individual characteristics on bullets and cartridge casings can be created. For this reason, sometimes
an additional step may occur, where there is identification with unique marks.
 These types of irregularities may also be caused by scratches, nicks, breaks, or wear. These tools
would be considered individual and on top of manufacturing differences, are often custom-made or
altered in some way, such as a bent knife.
 Once these three steps are completed, a tool manufacturer, model and size can often be determined,
providing leads about who may have bought or used the tool.

FOOT IMPRESSIONS AND TYRE IMPRESSIONS

 Footwear and tire tracks can be deposited on almost any surface, from paper to the human body.
 Can be 2D or 3D
 Forensic tire tread evidence records and analyzes impressions of vehicle tire treads for use in legal
proceedings to help prove the identities of persons at a crime scene.
 Every tire will show different amounts of tread wear, and different amounts of damage in the form of
tiny cuts and nicks.
 These unique characteristics will also show on the impression left by the tire.
 They reflect the tread design and the dimensional features of individual tires.

2D & 3D FOOTPRINTS

Three types of impressions-

 Visible, plastic and latent
 Visible print is a transfer of material from the shoe or tire to the surface. This type can be seen by
the naked eye without additional aids. For example, bloody shoe prints left on flooring or tracks left
by muddy tires on a driveway.
  A plastic print is a three-dimensional impression left on a soft surface. This includes shoe or tire
tracks left in sand, mud or snow.
 A latent print is one that is not readily visible to the naked eye. This type is created through static
charges between the sole or tread and the surface. Examiners or investigators use powders, chemicals
or alternate light sources to find these prints. Examples include shoeprints detected on a tile or
hardwood floor, window sill, or metal counter, or tire tracks detected on road surfaces, driveways or
sidewalks.

COLLECTION
 Several methods for collecting footwear and tire track evidence can be employed depending on the
type of impression found.
 For impressions in soil, snow or other soft surfaces, casting is the most commonly used collection
method.
 For imprints, examiners generally try to collect the entire object containing the imprint, such as a
whole sheet of paper or cardboard with a shoe print.
 As with any evidence found at a crime scene, shoeprints and tire tracks must be properly
documented, collected and preserved in order to maintain the integrity of the evidence. Impression
evidence is easily damaged, so steps must be taken to avoid damage to the evidence. This includes
securing and documenting the scene prior to collecting any evidence.
 General photographs of the evidence location in relation to the rest of the scene are taken, along with
high-resolution images of the individual imprints or impressions.
 Examiners may use alternate light sources or chemical enhancers to capture as much detail as
possible, especially with latent imprints.

FINGER IMPRESSIONS
 When we touch anything: a coffee cup, a car door, a computer keyboard, each time we do, it is likely
that we leave behind our unique signature—in our fingerprints.
 No two people have exactly the same fingerprint
 Even identical twins, with identical DNA, have different fingerprints.
 This uniqueness allows fingerprints to be used in all sorts of ways, including for background checks,
biometric security, mass disaster identification, and of course, in criminal situations.
 Fingerprints can be used in all sorts of ways:
 Providing biometric security (for example, to control access to secure areas or systems)
 Identifying victims and unknown deceased (such as victims of major disasters, if their fingerprints
are on file)
 Conducting background checks (including applications for government employment, defense
security clearance, concealed weapon permits, etc.).
 Fingerprints are especially important in the criminal justice realm. Investigators and analysts can
compare unknown prints collected from a crime scene to the known prints of victims, witnesses and
potential suspects to assist in criminal cases. For example:
 A killer may leave their fingerprints on the suspected murder weapon
 A bank robber’s fingerprints may be found on a robbery note
 In an assault case, the perpetrator may have left fingerprints on the victim’s skin
 A burglar may leave fingerprints on a broken window pane
 A thief’s fingerprints may be found on a safe
 In addition, fingerprints can link a perpetrator to other unsolved crimes if investigators have reason
to compare them, or if prints from an unsolved crime turn up as a match during a database search.
Sometimes these unknown prints linking multiple crimes can help investigators piece together
enough information to zero in on the culprit.
 Loops - prints that recurve back on themselves to form a loop shape. Divided into radial and ulnar
loops, loops account for approximately 60 percent of pattern types.
 Whorls - form circular or spiral patterns, like tiny whirlpools. There are four groups of whorls: plain
(concentric circles), central pocket loop (a loop with a whorl at the end), double loop (two loops that
create an S-like pattern) and accidental loop (irregular shaped). Whorls make up about 35 percent of
pattern types.
 Arches - create a wave-like pattern and include plain arches and tented arches. Tented arches rise to
a sharper point than plain arches. Arches make up about five percent of all pattern types.

 The two underlying premises of fingerprint identification are uniqueness and persistence
(permanence). To date, no two people have ever been found to have the same fingerprints—
including identical twins.
 In addition, no single person has ever been found to have the same fingerprint on multiple fingers.
 Persistence, also referred to as permanence, is the principle that a person’s fingerprints remain
essentially unchanged throughout their lifetime. As new skin cells form, they remain cemented in the
existing friction ridge and furrow pattern. In fact, many people have conducted research that
confirms this persistency by recording the same fingerprints over decades and observing that the
features remain the same.
  Even attempts to remove or damage one’s fingerprints will be thwarted when the new skin grows,
unless the damage is extremely deep, in which case, the new arrangement caused by the damage will
now persist and is also unique.
 Patent fingerprints can be made by blood, grease, ink, or dirt. This type of fingerprint is easily
visible to the human eye. A patent fingerprint is usually photographed for subsequent identification.
When police take inked fingerprints, they are collecting patent fingerprints
 Plastic prints are also easy to locate but are less common than patent prints since they occur when
someone touches an object such as wax, butter, or soap and leaves a three-dimensional impression of
the finger on the object. 3D impressions of fingerprints left in a substance like wax, mud, paint, soap,
tar.
 Plastic fingerprints are generally preserved by casting. A liquid material (silicone rubber, plaster, or
a metal alloy) is poured over the fingerprint and hardened to make a cast of the impression. The cast
is much more durable than the plastic fingerprint and can be stored as evidence.
 Latent fingerprints are made of the sweat and oil on the skin's surface. This type of fingerprint is
invisible to the naked eye and requires additional processing in order to be seen.

METHODS OF COLLECTION
Step 1: Physical and Chemical:-
 Investigators often follow a two-phase process when searching for fingerprints.
 The first phase involves looking for patent and plastic prints since they are visible.
 Often times, a flashlight is used during this phase.
 The second phase involves a blind search for latent prints

Nonporous Surfaces:
 A powder technique is usually used to identify latent prints on nonporous surfaces such as glass,
marble, metal, plastic, and finished wood.
 When powder is distributed on the surface, it adheres to the residue deposited from the finger’s
touch, allowing investigators to find the print.
 Often times, to avoid smudging the print, a magnetic powder technique is used in which the powder
is poured on the surface and then spread evenly over the surface using a magnetic force instead of
spreading the powder with a brush.
 The color of the powder should contrast with the surface that is being searched to allow better
visibility. For example, the investigator should use a white or grey powder if searching a black
marble countertop for prints.
 Another popular technique for fingerprint location and identification is superglue fuming. Superglue
fuming is a chemical process that exposes and fixes fingerprints on a nonporous surface.
 In the lab, the process works by using an airtight tank, known as a fuming chamber, to heat up
superglue (liquid cyanoacrylate) which releases gases that adhere to the oily residue of print, thereby
creating an image of the fingerprint.
 Superglue fuming can also be performed at the crime scene. Rather than using a fuming chamber,
crime scene investigators may use a handheld wand that heats up superglue and a florescent dye.
 The hand-held wand, heats cyanoacrylate, the main ingredient in Super Glue, and spews out smoke-
like vapors. As the wand is waved across a piece of evidence, the vapors are attracted to the moisture
and amino acids in a fingerprint.
 Superglue fuming performed at the crime scene can be vital to preserve prints on items that are being
sent to the lab via mail.

Porous Surfaces:
 The powder technique is not as effective on porous surfaces such as fabric, unfinished wood, and
paper.
 Instead, investigators often use chemical methods to locate the print such as iodine fuming, silver
nitrate, or ninhydrin. When one of these chemicals comes into contact with the chemicals present in
the fingerprint residue (natural oils, fats), the print become visual.
 Iodine fuming takes place in a fuming chamber. The process works by heating up solid crystal iodine
which creates vapors that adhere to the oily residue of print, producing a brown colored print.
  One of the drawbacks of using iodine fuming is that the print fades quickly after the fuming takes
place and therefore must be photographed quickly. Alternatively, if the print is sprayed with a starch
and water solution, it can be preserved for several weeks.
 Silver nitrate, when exposed to latent prints, reacts with the chloride of the salt molecules found in
print residue, forming silver chloride. When exposed to ultraviolet light, silver chloride turns black
or brown, making the print visible.
 This method works particularly well on impressions left in cardboard and paper-like surfaces.
 Ninhydrin is more commonly used than iodine fuming and silver nitrate techniques to locate a latent
print. The object on which the print is located can be dipped in or sprayed with a ninhydrin solution,
which reacts with the oils in the print's residue to create a bluish print.
 One of the drawbacks of using ninhydrin is that the reaction is very slow, often taking several hours
for the print to become visible.
 To accelerate the reaction, the object containing the print can be heated to 80 to 100 degrees
Fahrenheit.

Step 2: Photographing the fingerprint

 After the print is located, it is vital that it is photographed before it is lifted. A photograph captures
where the print was located in comparison to other objects and captures the orientation of the print.
Further, a photograph can serve as a key piece of identification of a patent or plastic print and can be
used to compare and possibly match the print to its source. Photographing the print’s location at the
crime scene also guards against tampering of evidence.

Step 3: Lifting the fingerprint

 “Lifting a fingerprint” means to make a permanent impression of the fingerprint. Lifting a print can
be accomplished on either flat surfaces or round surfaces. Lifting a print usually involves a rubber
tape with an adhesive surface which is applied to the fingerprint, leaving an imprint on the tape.
Often times, a flat object, such as a ruler, will be slowly swiped across the top of the tape to ensure
that there are no bubbles or ripples in the tape that will affect the imprint. Next, the tape is carefully
peeled off the surface and a plastic cover is placed on the adhesive side of the tape to prevent
disruption of the print. Identification information and a description of the location of the print should
be written on the back of the tape or card.

BITE MARK EVIDENCE

 A crime scene investigator must have a keen eye for detecting a bite mark on a dead body
 Upon concluding that a bite mark has been impressed on the body, a forensic dentist will be called to
measure and record the bite mark.
 This must be done immediately as bite marks loses its original impression over time.
 When the dentist confirms that it is a human bite, it will be swabbed for DNA.