Chapter 1: Introduction

1.1 Introduction

There is a growing concern among liberal-minded individuals, social and democratic

organizations, and even international institutions about the rising crime rate. A feeling of insecure
life has arisen in people and they start believing that no place is safe to live in this modern world
because a crime can occur at any time. To gain an easy livelihood, people choose illegal ways; they
do not follow law and order, and they have no fear of the results. The menace of crime can be dealt
with in many ways, such as by implementing strict laws restricting criminals from committing any
illegal activity. But if the crime is committed. Then it becomes the priority to give fair justice to
both, not the only victim. Because being human, everyone has the right to fair and quiet decisions. A
fair court decision is based on fair witnesses and evidence. The most crucial component of any
criminal investigation is the gathering of evidence. If evidence is not stored correctly, it may become
contaminated or destroyed. The crime scene investigation is significant in the collation process.
Usually, the crime scene was where the crime took place. And here, forensic science plays a
significant role in a criminal investigation because it is precise and accurate, and increases the
chances of an investigation or trial's success. It is essential in the criminal justice system due to its
analytical nature. It aids the court in reaching a logical conclusion.

As a result, the likelihood of any injustice is reduced. It is widely used today all over the
world. Forensic science is an umbrella term that encompasses other scientific disciplines and crosses
nearly every medical subject boundary. It combines common sense, experience, and knowledge
from other fields of medicine, including obstetrics and surgery. Forensic evidence is a branch of law
that operates within the legal framework. Its goal is to guide those conducting criminal
investigations and provide accurate information to courts in resolving criminal and civil disputes.

As it is well known, our Constitution gives so many rights to its citizens, called fundamental
rights. Some rights are also given to the accused person. It reflects fairness in justice. And it is also
true that, in modern times, when science and technology have become so advanced, it is readily
available not only for the police but also for criminals. This paper investigates the applicability of
scientific and modern forensic science techniques in criminal investigation and their role in
maintaining law and order in society. With the assistance of case laws, this paper sheds light on the
legislative framework regarding the applicability of forensic science in criminal justice.

1
 Chapter 1: Introduction

It is an irrefutable reality that rules and regulations are the primary sources of law, as they
lay out the procedure officers, as police, must follow during criminal investigations. The police are
also adopting scientific methods and techniques in crime investigation, which are enormously
helpful in tracing out minute evidence such as molecules of blood, saliva, sperm, sand, or herbs of a
certain quality, which was previously impossible using traditional methods or based on eyewitness
accounts of the event. lie detector and narco-analysis tests are comprehensive methods of extracting
the truth from the accused without resorting to third-degree methods. However, Art. 20 clause (3) of
the Indian Constitution states that no one shall be compelled to be a witness against himself; in other
words, no one shall be compelled to give evidence against himself that is in his knowledge. The
evidence gathered by the police using scientific methods and techniques is then presented before the
court during the trial to convince the court to trust them in establishing the guilt of the accused and,
thus, convicting the accused. The criminal law system across the known universe, primarily in
representative democracy settings, has a wide range of stakeholders, such as complainants, accused
or defendants, police, investigators, judges, jurors, expert witnesses, attorneys, and lawyers each
with different expectations and aspirations from the concerned criminal justice system and forensic
science in the form of scientific aid relating to the recovery of physical evidence by the
investigators. After all, forensic evidence and scientific principles used to analysis traces collected
from crime scenes are the mechanisms by which many criminal cases are tried. For the prosecutor,
forensic science is used to convict the accused (defendant). Forensic Sciences also play a very
significant role in the investigation system. This entails a long history in itself. This was, somewhat,
during the nineteenth century, when this science supported in tracking criminals.

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.1Indians 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. Even Mr. Km Kata, a frequent contributor to „Nature‟, stated that the
Chinese records proved the use of fingerprints in an ancient kingdom of southern India. The Indians
knew for long that the handprints, known as the „Tarija‟, were inimitable. The use of fingerprints as

1
Tewari R K, Ravikumar K V. “History and development of forensic science in India” J Postgrad Med *serial online+ 2000
Available at: https://www.jpgmonline.com/text.asp?2000/46/4/303/250 last visit 25.5.2016
2
 Chapter 1: Introduction

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 infallible.2
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.

1.1.1 Concept of Forensic Investigation

Law, Science and Technology has a great relevance in our lives. Law and Science encounter
each other in many ways. When technology intrudes in the ambit of legal rights it is checked by law,
for example, cybercrimes, in the same manner to protect legal rights and strengthening the evidence
with the help of science, cannot be denied.

A forensic investigation is the practice of lawfully establishing evidence and facts that are to
be presented in a court of law. In modern times, the it is used for nearly all investigations, ranging
from computer crimes to murders. When most people think about a forensic investigation, they think
about crime scene investigation, but there are other forms of forensic investigation. The type of
forensic investigation most people know about revolves around violent crimes. Use of the Forensic
technique in investigation can uncover scientific evidence that may provide enough proof or
evidence to convict a violent criminal, or to disprove outdated evidence that could lead to the release
of someone who was wrongly convicted.

In any criminal investigation, interrogation of the suspects and accused plays a vital role in
extracting the truth from them. From time, immemorial several methods, most of which were based
on some form of torture have been used by the investigating agencies to elicit information from the
accused or suspect. With the advancement of science and technology, sophisticated methods like lie
detection have been developed which do away with the use of “third degree torture” by the police.
The scientific tools of interrogation namely- Lie detector or the polygraph test, the P300 or the brain
mapping test and the narco-analysis or the Truth Serum test are the main three tests that have
recently been developed for extracting confessions. These psychoanalytical tests are also used to
interpret the behavior of the criminal (or the suspect) and corroborate the investigating officer‟s
observations.

2
Ibid.
3
 Chapter 1: Introduction

Forensic Science today has shaped the world of justice, fueling crime investigations and
signifying the progress of modern technology. It covers modern computer or clay facial
reconstruction, DNA fingerprinting, autopsy techniques, forensic anthropology, toxicology and
much more. The developments in forensic science have likewise introduced many vital crime
solving techniques over the past few decades. In a criminal investigation, different scientific
techniques are used to analyze a variety of crimes.

1.1.2 Constitutional Validity of Forensic Investigation report in India

The Indian legal system is based on the fact that a person is innocent until proven guilty.
Also, our legal system pledges to save an innocent even if the life of a hundred criminals is at stake.
Art. 20 clause (3) provide protection against self-incrimination. It provides that no person accused of
any offence shall be compelled to be a witness against himself3. Art. 20 clause (3) embodies the
general principle of American jurisprudence that no one shall be compelled to give testimony which
may expose him to prosecution for crime.4 The principle of criminal law which is really the bed rock
of English jurisprudence is that an accused must be presumed to be innocent till the contrary is
proved in the case Woolmington v. DPP.5

It is the duty of the prosecution to prove the offense. The Fundamental rule of criminal
jurisprudence against self-incrimination has been raised to a rule of Constitutional law in Art. 20 (3).
This guarantee extends to any person accused of an offense and prohibits all kinds of compulsions to
make him a witness against himself. Explaining the scope of this clause in M. P. Sharma v. Satish
Chandra.6 The Supreme Court observed that this right embodies the following essentials.

1. It is right pertaining to a person who is accused of an offence.

2. It is a protection against “compulsion to be witness”.
3. It is a protection against such compulsion relating to his giving evidence against such
compulsion relating to his giving evidence against himself.

For invocation of Art. 20 clause (3) of the Constitution of India all the three ingredients must
co-exist. The privilege under clause (3) is confined only to an accused i.e. A person against whom a

3
The Constitution of India, Art. 20(3).
4
Fifth Amendment of U.S. Constitution.
5
[1935] AC 462
(It is a famous House of Lords case in English law, where the presumption of innocence was first articulated in the
Commonwealth.)
6
AIR 1954 SC 300.
4
 Chapter 1: Introduction

formal accusation relating to the commission of an offence has been levelled which is in the normal
course may result in the prosecution. A person against whom a first information report has been
recorded by the police and investigation has been ordered by the Magistrate can claim the benefit of
the protection. Further, the guarantee in Art. 20 (3) is against the compulsion to be „a witness‟.

In Govind v. State of Madhya Pradesh 7

The right to privacy was assumed to be a part of the personal liberty guaranteed under Art.
21 of the Constitution, by stating that although the right to privacy is not explicitly provided in the
Constitution, it is ingrained in the fundamental right of life and personal liberty.

In Smt. Selvi and Ors v. State of Karnataka,8

Supreme Court held that the use of narco-analysis, brain mapping and polygraph tests on
accused, suspects and witnesses without their consent, unconstitutional and violation of the „right to
privacy'.

Thus, Right to Privacy is implicit in the Right to life and liberty guaranteed to the citizens of
India by Art. 21 of the Constitution of India. None can publish anything covering the above matters
without his consent whether truthful or otherwise and whether laudatory or critical. If done so, it
will be violating right to privacy of person concerned and would be liable in an action for damages.

1.1.3 Self-Incrimination:

It is well established common law doctrine that every accused person is presumed innocent
unless proved guilty and it is for the prosecution to prove the guilt and in the process the accused
cannot be compelled to make a self-incriminating statement.9

The term „self-incrimination‟ means the act of accusing oneself of a crime for which a
person can then be prosecuted. Self-incrimination can occur either directly or indirectly: directly, by
means of interrogation where information of a self-incriminatory nature is disclosed; Indirectly,
when information of a self-incriminatory nature is disclosed voluntarily without pressure from
another person. It is well established that the Right to Silence has been granted to the accused by

7
1996 (0) MPLJ 649
8
AIR 2010 SC 1974,
9
Pooja Amaravathi and Ananya Mishra , The Presumption of Innocence and its Role in the Criminal Process, 4 (3)
IJLMH Page 1135 - 1149 (2021),
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 Chapter 1: Introduction

virtue of the pronouncement in the case of Nandini Sathpathy v. P.L.Dani10 Supreme Court held
that “no one can forcibly extract statements from the accused, who has the right to keep silent during
the course of interrogation (investigation). By the administration of these tests, forcible intrusion
into one‟s mind is being restored to, thereby nullifying the validity and legitimacy of the Right to
Silence. Moreover, under the influence of the drug, the accused has garbled speech and tends to talk
about fantasies, and labours under delusions. For example, a person may talk about a crime s/he
fantasized about committing, even if they actually have not done it. Their state resembles that of a
person in delirium. So, it ultimately constitutes self-incrimination of a person because it is difficult
to distinguish reality from fantasy.

Barron's Law Dictionary11 (USA):

Self-Incrimination, Privilege Against the Constitutional right of a person to refuse to answer

questions or otherwise give testimony against himself or herself which will subject him or her to an
incrimination.

Black's Law Dictionary12 (USA):

The clause of the Fifth Amendment to the U.S. Constitution barring the government from
compelling criminal defendants to testify against themselves.

Self-incrimination: Acts or declarations either as testimony at trial or prior to trial by which

one implicates himself in a crime. The Fifth Amendment, U.S. Const. As well as provisions in many
state Constitutions and laws, prohibit the government from requiring a person to be a witness against
himself involuntarily or to furnish evidence against himself.

1.1.4 Law Commission Report No.23913

Inordinate delays in the investigation and prosecution of criminal cases involving serious
offences and in the trial of such cases in the Courts is a blot on justice system. The objective of
penal law and the societal interest in setting the criminal law in motion against the offenders with
reasonable expedition is thereby frustrated. The adverse effect of delay on the society at large is
immeasurable. The fear of law and the faith in the criminal justice system is eroded irretrievably.

10
AIR 1978 SC 1025
11 th
Barron's Law Dictionary 6 Edition.
12
Black's Law Dictionary Ninth Edition.
13
Law Commission of India, “Expeditious Investigation and Trial of Criminal Cases Against Influential Public
Personalities Report No.239” (2004)
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 Chapter 1: Introduction

Public interest demands that the criminal cases especially those related to serious crimes are
concluded within a reasonable time so that those guilty are punished. Further, from the point of view
of accused also, the right to speedy trial is a fundamental right. The total number of criminal cases
pending before D&S Courts is about 1.90 crore (190 lakh) cases, about 82¼ lakhs civil cases are
pending. That means, the number of criminal cases is about 2 ½ times more than civil cases. The
largest number of criminal cases are from the States of UP, Maharashtra, West Bengal, Gujarat,
Bihar, Rajasthan and Odisha. In 12 States, out of which there are eight major States, the disposals
are less than the institutions. However, on the whole, the institutions and disposals are almost
matching in the year 2010. Out of the pending criminal cases, about 25% of the cases are pending
for five years and more in many States.

The causes for delay before the case reaches the Court for trial-

1. Apathy and inaction on the part of the police in registering the firs and taking up the
investigation in right earnest for various reasons. (This is so in spite of Police Manuals
emphasizing the need for speedy and prompt investigation.)
2. Police are either hesitant to proceed with the investigation against important/influential
persons or they are under pressure not to act swiftly especially if the person accused is in
power or an active member of the ruling party. They adopt a pusillanimous attitude when the
accused are such persons.
3. When the FIR is not registered within a reasonable time or the pace of investigation is tardy,
there is no internal mechanism to check this effectively. Even in States where Addl. Sps are
posted in every District to be mainly in charge of crimes (as distinct from general law and
order duties) the situation has not improved, except marginally.
4. There is no periodical exercise to upgrade the skills of investigation. There is no intelligence
network worth the name to get the inputs of crime and corruption and to take up preventive
measures.
5. Sufficient priority is not given for investigation of crimes. The diversion of personnel from
the Police Stations for various relatively unimportant duties such as „Bandobust‟ is a
common phenomenon. In most of the States, the existing police force attached to police
stations is utterly inadequate and even the sanctioned strength always remains in deficit.

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 Chapter 1: Introduction

6. Sanctions for prosecution are unduly delayed by the Governments. These reasons are not
peculiar to cases of public men – they are all problems surrounding the Criminal Justice
system as a whole.

1.2 Objective of the Study:

Through the present research, the Researcher seeks to achieve the following objects:

1. To find out the Constitutional validity of forensic investigation reports in India.

2. To analyze present position of investigation process which is adopted by the investigation
agencies.
3. To identify the problems faced by the investigation agencies during the investigation
especially in case of forensic investigation.
4. To contribute something new to the existing literature.

1.3 Objective of the Study Statement of Problem:

The privilege against self-incrimination thus enables the maintenance of human privacy and
observance of civilized standards in the enforcement of criminal justice. It also goes against the
maxim Nemo Tenetur se Ipsum Accusare that is, „No man, not even the accused himself can be
compelled to answer any question, which may tend to prove him guilty of a crime, he has been
accused of.‟

For the purpose of the present research, the researcher has identified a problem:

1. Ambiguity of the position of forensic method (DNA, polygraph etc.) under the Constitution
and various other statutory laws.
2. Coherce between fundamental right and forensic methods

1.4 Review of Literature:

As for the literature on the research topic is concerned, for preliminary reading the researcher
focus upon the judgments of court, Law commission reports and journals. The researcher will also
go through the various legal act, provisions and rules of India, USA and UK.

 Handwriting and fingerprint analysis in criminal investigation14

14
Sharma B.R. 'Forensic science in criminal investigation and trial’ Universal Law Publishing Company Delhi, 2005.
8
 Chapter 1: Introduction

The book covers two critical criminal investigation techniques: handwriting and
fingerprinting. This book is about fingerprint examination and analysis. This book describes the
various types of fingerprints and their classification, a fingerprint search, and the development of a
method of finger identification and matching of suspect fingerprints. However, the legal aspect of
fingerprint admissibility is not properly discussed.

 Forensic science in criminal investigation and trial15

This book has been written in a very elaborated manner and includes various techniques like
forensic psychology, computer, voice analysis fingerprints, track marks, tool marks, firearms,
documents, poison, narco-analysis, alcohol, explosives, motor vehicles traces, hair, body fluids
DNA profiling, forensic medicine along with case law. Provides great assistance to the researcher.

 Dr. Justice v. Malimath Committee Report on Reforms of Criminal Justice System in India16

This Committee was constituted in the year 2000 under the Chairmanship of Justice
Malimath arid submitted its report in March, 2003 and suggested several measures to revamp the
Criminal Justice System of India.

The Committee gave 158 recommendations after examining the system of various countries.
The most important part of this report is that, it emphasizes a lot on the use of latest scientific
techniques which can be a great help in solving the criminal cases in a more efficient manner. The
Committee suggested that this is the demand of the hour to amend the Procedural Laws at required
places and to incorporate the use of various scientific techniques in the Criminal Procedure Code
and the Indian Evidence Act.

The findings of the Committee were a great help to the researcher as it supports the
hypothesis of the research. In this research, at required places the findings of the Committee have
been discussed.

15
Bansal B.L. and Raheja Rajiv in “handwriting and fingerprint analysis in criminal investigation” capital publication
House Delhi 2009.
16
Available at: https://www.mha.gov.in/sites/default/files/criminal_justice_system.pdf last visit 25-05-2016
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 Chapter 1: Introduction

Suggestions Provided by The Malimath Committee Report,17 Submitted That:

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.

1. 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.
2. A national DNA database should be created which will be immensely helpful in the fight
against terrorism.
3. More well-equipped laboratories should be established to handle DNA samples and
evidence.
4. Efforts should be taken to create more awareness among general public, Prosecutors, judges
and police machinery.
 Narco-analysis brain mapping hypnosis and lie detector test in interrogation of suspect18

This book describes a variety of scientific investigation techniques such as narco-analysis,

brain mapping, hypnosis, and lie detector tests. The author has discussed the scientific and legal
aspects of all techniques in this book, as well as illustrated a number of cases. This book appears to
be more complicated, with many places where the next scene is disconnected. The lack of proper
framing of the text is the book's biggest flaw. Still, despite these flaws, the book provides excellent
help to the researcher in developing a better understanding of various techniques relevant to the
purpose of research. Many times, pictorial representations aid research in understanding the function
aspect of techniques.

 Smt. Selvi v. State of Karnataka19

This judgment was delivered by the honorable Supreme Court at that point of time when the
whole world was moving from the traditional method of direct evidences to the modem method of
scientific evidences. In this judgment the honorable Supreme Court held that scientific evidences
like brain mapping, polygraph, narco-analysis cannot be conducted without the consent of the

17
Ibid. last visit 25-05-2016
18
Satyendra k. Kaul,Mohd. H.Zaidi "Narco-analysis brain mapping hypnosis and lie detector test in interrogation of
suspect" Alia law agency Allahabad,2009.
19
AIR 2010 SC 1974
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 Chapter 1: Introduction

accused, as it amounts to an invasion of the right against self-incrimination, right to life and the right
to privacy of the accused.

In the changing scenario when crimes are on the rise it is very important to understand and
analyze the operative part of this judgment critically. In this research the researcher has critically
analyzed this judgment at relevant places while discussing the use and relevancy of various forensic
techniques.

 Henry Lee's Crime Scene Handbook20

This book develops a better understanding of the value of physical evidences, the theory of
evidence transfer and the proper methodologies for locating microscopic crime scenes within the
more obvious macroscopic crime scenes. This book also discusses various methods of scientific
crime scene investigation, which includes preservation and examination of physical evidences and
their analysis, which ultimately leads to the final conclusion of solving the crime.

This book also provides information about the different databases like DNA Profiles,
Fingerprint Identification and Bullet and Cartridge casing characteristics which are very significant
in solving crimes. This book provided assistance to the researcher for some specific techniques like
DNA Profiling and Fingerprinting.

 Fundamentals of Forensic Science21

The fundamental concepts of forensic science are covered in the book, such as the
relationships between individuals, locations, and objects as shown by transferred evidence, the
context of those individuals, locations, and objects, the significance of the physical evidence found,
and its role in the legal system.

The book, written by two of today's leading experts in forensic science, takes a truly unique
and exciting approach to the subject, giving readers a new understanding and appreciation for crime
scenes as recent pieces of history, each with evidence that tells a story.

This Thesis will help the researcher to understand the crime scene investigation and some
specific techniques such as DNA profiling and fingerprinting.

20
Henry C. Lee, Timothy M.Palmbach, Marilyn T.Miller “Henry Lee’s Crime Scene Handbook”, Elsevier Academic Press,
USA,2001
21
Max M. Houck, Jay A. Siegel, Fundamentals of Forensic Science (Third Edition), Academic Press,2015.
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 Chapter 1: Introduction

1.5 Hypothesis

The hypothesis underlying the research is that,

1. There is no appropriate legal framework for the use of forensic techniques in criminal
investigation.
2. Forensic analysis is helpful to get evidence during the period of investigation.
3. Procedure of criminal investigation should be reformed and periodically reviewed so
as to reflect a policy that would promote scientific technique consistent with the right
of the accused and the victim guaranteed by the Indian Constitution.
4. Existing provision related to forensic technology are not adequately followed by the
investigation agencies during the investigation.

1 .6 Research and methodology

Keeping in view the nature of problem analytical, descriptive and evaluative methods are
adopted. The materials for the present study have been collected from primary as well as secondary
sources. The present study also relied on relevant provisions of the constitution as well as laws and
government national policies related with the topic. The basic international documents including
Universal Declaration on Human Rights have been consulted. The study has also relied on the
judgments of the apex court and the high courts.

1.7 Structure of the thesis

The presentation of the result of the thesis is made by dividing it into seven chapters. The
First chapter is an introduction and seventh chapter is conclusion the overview of research work is
provided below:

1. Chapter First – Introduction

The chapter introduce the background of present research. Here researcher tries to explain
the need of forensic science in the present scenario in the background of in the background of
increasing crime and advance modus operands of their committal in 21st century. It justifies the
shifting from traditional method of investigation to the modern method of investigation the use of
these scientific technical is embraced worldwide. Which proof that they are more reliable and
authentic then the memory and reliability of human witness, who changes their statement under

12
 Chapter 1: Introduction

different kind of circumstances or influence. It has also discussed the need of development of thesis
forensic analysis technique in India.

2. Chapter Second - Historical development, establishment, and legal status of forensic

science in India

The second chapter summarized the evaluation of forensic sciences in human history; my
focus is to describe how forensic sciences evolved in India before independence and how the British
established a modern foundation for their benefit; I also described how forensic laboratories were
established before and after our country's independence, as well as different laboratories that are
sophisticatedly designed for criminal investigation. These laboratories collaborate with various
government agencies to solve the case's mysteries, which would not have been possible without the
advanced laboratories. The laboratories are classified according to their specific function. Some
laboratories, such as the Center for DNA Fingerprinting (CDFD) in Hyderabad, are solely dedicated
to a single function, such as DNA fingerprinting. The ballistics laboratory in Kolkata examines
bullets, firearms, and other items. The government is the Centre for Forensic Sciences Laboratory
(CFSL), which works under the central CBI and the Ministry of Home Affairs. These laboratories
also provide CBI officers with training to aid in criminal investigations. This chapter also discusses
forensic science's legal provisions in the Indian Constitution, the criminal procedure code, the Indian
evidence act, and the Malimath committee's recommendation for forensic techniques in a criminal
investigation. The crime laboratory's role in the police, prosecution, victims, suspects, and society.

3. Chapter Three - Crime scene and criminal investigation with the aid of forensics

Forensic scientist analyses all types of physical and biological evidence found on a victim
and the crime scene. This chapter focuses on crime scene definition and classification because
forensics is not a discipline or branch of science. It is the field site for forensic scientists that catch
all the many different crime scenes.

This chapter also classifies the crime scene evidence, which is helpful for forensic analysis.
This chapter also enlightens the provision, power, and element of investigation under Cr.p.c. And
how forensic analysis is helpful in the investigation.

4. Chapter Fourth - Popular & basic forensic techniques for the analysis of evidence

13
 Chapter 1: Introduction

In this fourth chapter, I researched various essential tools and techniques used in forensics
science; As I have a non-scientific degree, I try to explain these tools and techniques in a simplified
way. I described various tools now that are used in a criminal investigation. It is intended to be an
overview of the various forensic tools available in the investigation. Although an investigator does
not need to be an expert in any forensic science, it is critical to have a solid understanding of
forensic tools to call on appropriate experts to deploy them when necessary. This chapter covers the
following forensic analysis topics in a very descriptive way and their pro and cons fingerprint test,
narco-analysis test, brain mapping test, and DNA test.

5. Chapter Fifth - Comparative legislative & judicial response about acceptance of

forensic evidence in USA, UK, and INDIA

In chapter fifth here, I discussed Comparative legislative and judicial responses to forensic
evidence acceptance in the United States, the United Kingdom, and India, and what are Legal
provisions for forensic science and accused rights. Forensic analysis is accepted in the Indian legal
system and in other countries like the United States, the United Kingdom, In this chapter various
evidence standards and contents are written in a descriptive format, and then admissibility concepts
such as validity, reliability, usefulness, and efficiency are addressed. The issue examines the laws
governing admissibility in the United Kingdom, including the relationship between the admissibility
tests, namely Assistance, Relevant Expertise, Impartiality, and Evidentiary Reliability, as well as the
context of the Law Commission Report, Law Commission Recommendation, and Government
Responses. I also discussed some very challenging and legal issue which is entirely different from
the USA, and lastly, some suggestion about how we can.

6. Chapter Six - Fundamental rights of accused persons in criminal proceedings

This chapter covers the fundamental right which are garneted to the accused person. The rights
under the Indian Constitution and other countries‟ law.

7. Chapter Seven- Conclusion & suggestions

This is the final chapter of the thesis which include broader findings of non-empirical research
and in thesis several suggestions have been given to the improvement of criminal justice system in
India.

14