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On Science

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0% found this document useful (0 votes)
75 views67 pages

On Science

Science

Uploaded by

renukavkeri
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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INTRODUCTION TO

FORENSIC SCIENCE

By: Adv. SAPREM SHIRVOIKAR


Meaning, Concept of Forensic Science
Meaning :
The application of Scientific methods and
techniques to matters under investigation by
a Court of law.
Another term for forensic is – “Criminilistics” it
is an application of Science to solve criminal
and civil cases.
• The term forensic comes from a Latin word
forensis that means “an Open Court” or
forum that means a place where people meet
and exchange ideas.
Locard’s exchange principle:
"Every contact leaves a trace".
According to Dr. Edmond Locard French
criminologist, he was the pioneer in forensic
science.
whenever two objects animate and inanimate or
microscopic in which ever physical state come
into contact with each other, they exchange
materials. These materials are evidences.
DEVELOPMENT OF FORENSIC
SCIENCE
The early years:
• China was the first country to make use of
forensic Science in 700s they used fingerprint to
establish the identity of the documents and Clay
Sculptures.
• A book Hsi Duan Yu ( the washing away of
wrongs) were published by the Chinese. It
Describes the different features of drawing from
strangulation. It was the first recorded application
of medical knowledge to solve crime.
• In 1609: first treatise (piece of writing) on
systematic document examination was
publish in France.
• In 1784: first documented use of physical
matching. An Englishman was convicted of
murder, based on form of a wad of news
paper in a pistol that matched a piece
remaining in his pocket.
The 1800s
• This period of time brings substantial
progress.
• First recorded the use of questioned
document analysis.
• Test development to check the presence of
blood
• Bullet comparison
• First use of toxicology (arsenic detection) in a
jury trial.

• First crystal test for hemoglobin using hemin


crystals.

• First microscopic test in 1853 by Ludwig


Teichmann.
• The development of 1st presumptive blood
test.
• First use of photography for identification of
Criminal and documentation of evidence.
(1843-44 Belgium)
• Recorded the use of fingerprints to solve
crime.
• Development of the microscopic use with
comparison bridge.
In 1900s:
• Earlier there were no Special school or
University courses or training the forensic
specialists were Self-taught.
• Prof. R.A. Reiss of Swiss established forensic
science in curriculum in 1902 at university of
Lausanne.
• In 1950 university of California established
one of the first academic department of
criminology / criminalistic & American
Academy of forensic science was formed in
Chicago.
• In 1975National Institute of Criminology and
Forensic Science (NICFS) was established in
India.
Development in this period:
• Practice of using comparison microscope for
Bullet comparison (1920).
• Absorption inhibition ABO blood grouping
technique (1931).
• Invention of first phase - contrast microscope
in 1935 by dutch physicist Frits zernike who
won nobel prize in 1953.
• Development of luminol.
• Study of voice prints
• Breathalyser
• Headspace technique
• Development of electron dispersive x-ray tech.
• Evaluation of Gas chromatography and mass
spectroscopy in forensic.
• Polymerase chain reaction (PCR) both clinical and
forensically.
st
21 Century :
• Now forensic science is recognized as a
critical ingredient in law enforcement.
• There is a continues development day by day.
• All the old techniques are getting improved.
FORENSIC SCIENCE DEVELOPMENT IN
INDIA
1. Chemical examiner laboratory
• Set up at then in madras presidency in 1849
as there was increase in cases due to
poisoning and it was the problem for the law
enforcement.
• Later similar labs were set up in Calcutta
1853, Agra 1864, Bombay 1870.
• This labs where equipped to handle:
a) Toxicological samples
b) Biological analysis of bloodstain
c) Chemical analysis of food drug and various
excisable material.
2. Anthropometric Bureau
• Anthropometric Bureau started in Calcutta to
maintain the records In 1892 .
• It involves the systematic measurement of the
physical properties of the human body,
primarily dimensional, descriptors of body
size and shape.
3. Fingerprint Bureau
• In 1891 Edward Richard Henry Inspector
General of Police of Bengal, introduced the
thumb impression on the record slips
containing anthropometric data to avoid
wrong identification.
• In 1897 he introduced maintenance of
duplicate criminal records with the
impression of 10 fingers separately.
• Khan Bhadur azizul Huq given the
mathematical formula of 1024.
• Rai Bahadur Hem chandra Bose extended the
system of classification giving telegraphic
code for impression system of single digital
classification.
• Henry approached to the government to
replace anthropometric system and was
approved.
• Fingerprint Bureau 1897 was established at
Calcutta.
4. Department Of Explosives
• The foundation of the department of explosive
was laid in 1898.
• The first Chief Inspector of explosive headquarter
at Nagpur was C.A. Muspratt Williams.
• Five regional offices in Calcutta, Gwalior, Bombay,
Madras and Agra.
• Three sub offices in shivkashi, gomia and Asansol.
5. Government Examiner of Q.D. (Shimla)
• British government felt necessary to identify
the handwriting of secret document
• Created the post of government handriting
expert of Bengal Mr. CR Hardless 1904
• This setup was shifted to Shimla in 1906 by
Mr. Brewster Police officer from west Bengal
CID
6. Serologies to the Government of India.
• In 1910 serology department was established
in Calcutta. The Head of this institute was
imperial serologist to the government of India.

• After independent the department renamed


as the office of serologist and chemical
examiner to the government of India.
7. Footprint section of Crime Investigation
Department:
• In 1915 footprint section was established
under CID by the government of Bengal.
• S M Edwards recorded the instance in his
book “Bombay city police” showing the use of
the footmark in police work.
8. Note forgery section in CID:
• Note forgery section was set up in 1917 by
the government of Bengal under CID to
undertake the examination of forged currency
notes.
• Government mints and security printing
department at Nashik established their own
labs.
9. Ballistics laboratory :
• In 1930 an arm expert was appointed and
small ballistic lab was setup under the
Calcutta police for firearm examination.
10. Scientific Section In Criminal Department
• During 1936 scientific section was setup
under CID in Bengal.
• To examine the bullets cartridge cases and
firearms.
• Other states also established their own
scientific section.
11. State Forensic Science laboratory, Calcutta
• First it was established in 1952 in Calcutta
• 1953 it became fully operational
• Medico legal department of the chemical
examiner lab was shifted here
• 1955 physics unit opened
• In 1957 full fledged physics section was
opened
12. Central Fingerprint Beureu (CFPB):
• First central Finger Print Bureau in India was
established in Shimla in 1905.
• In 1922 it was abolished.
• In 1955 restarted in Delhi under administrative.
control of Intelligence Bureau (IB).
• In 1956 shifted to Calcutta under IB.
• In 1973 transferred to CBI.
• In 1986 administrative control was given to
National Crime Record Bureau.
13. Central Detective Training School (CDTS):
• In 1956 CDTS started in the same premises of
CFPB.
• Its aim was to impart training in scientific
investigation of crime, drug abuse terrorism
etc.
• 14. Central Forensic Science Laboratory
• It was established in 1957
• this lab is organise in four basic disciplines-
• Forensic physics
• Forensic chemistry
• Forensic ballistic
• Forensic biology
• In 1967 second lab was established in Hyderabad
and in 1978 third lab was established in
Chandigarh
• 15. Central Forensic Institute
• With the establishment of central detective
training school and central forensic science
laboratory in the same premises under the
control of intelligence bureau the whole
setup was named as Central Forensic
Institute Calcutta.
• In 1958 a post of commandant was created to
look after the functioning.
• 16. Central Detective Training School
(Hyderabad & Chandigarh)
• 1964 established in Hyderabad on the basis of
CDTS Calcutta.
• 1973 was established in Chandigarh.
• Objective was to train the police about the
science of crime investigation.
SCOPE OF FORENSIC SCIENCE
• Forensic expert:- testifies or gives forensic
related opinions at a hearings by virtue of his
or her specialized knowledge.

• Forensic Pathologist: Medical professional


who specializes in determining the cause of
death.
• Forensic Serologist:- forensic serology is a
detection, identification, classification and
study of various body fluids such as blood,
semen, saliva, urine, breast milk, vomit, fecal
matter and perspiration and their relationship
to a crime scene.
• Forensic Psychiatrist:- it is a branch of
medicine which focuses on the interface of
law and material health. it include psychiatric
consultation in a wide variety in a legal matter.
• Crime Scene Investigator:- they are an
integral part of law enforcement process.
They are responsible for identifying gathering
and analyzing evidence from crime scene.
• Questioned Document Examiner:- it deals
with study and analysis of handwriting and
typewriting on questioned document.
• It also deals with analysis of ink and paper.
• FORENSIC ODONTOLOGIST:- helps identifying
victims when the body is left in an
unrecognizable state. The characteristic of
teeth, their alignment and overall structure.
• Forensic Toxicologist:- it deals with scientific
test on bodily fluids and tissue samples to
identify any kind of drugs or chemical present
in the body.
• Forensic Biologists:- it deals with
identification and analysis of DNA, DNA
profiling, Blood stains, body fluids, hairs etc.
IMPORTANT OF FORENSIC SCIENCE IN
CRIMINAL LAW
Criminal investigation or crime scene
investigation is the same.
1. Securing and isolating the crime scene.
2. Recording the crime scene :-
(A) notes (B)photography (C)sketches
3. Systematic search of evidence
4. Collecting and packing physical evidenses.
5. Maintenance of chain of custody
EVIDENTRY VALUE OF EVIDENE
GATHERED THROUGH FORENSIC
SCIENCE
• As per the Indian evidence act 1872 this
evidence is accepted in the court of law a an
opinion of an expert (Section 45).
Illustration:
• The question is whether the death of A was
caused by poison. The opinion of expert as to
the symptoms produced by the poison which
A is supposed to have died are relevant.
Raj Narain v/s state of U.P., 1973 SC
• Supreme Court upheld the convection of the
accused on a charge of kidnapping on the
basis of evidence of an expert that the latter
by which ransom for the child was demanded
was in the hand writing of the accused.
State of Maharashtra vs. Dr Praful B Desai
AIR 2003 SC 2053
• The question for consideration was whether in a criminal trial,
evidence could be recorded by video conferencing.
• The Supreme Court observed that video conferencing is an
advancement of science and technology which permits
seeing, hearing and talking with someone who is not
physically present with the same facility and ease as if they
were physically present. The legal requirement for the
presence of the witness does not mean actual physical
presence. The court allowed the examination of a witness
through video conferencing and concluded that there is no
reason why the examination of a witness by video
conferencing should not be an essential part of electronic
evideance.
Magan Bihari Lal v. the State of Punjab
1977 AIR 1091
It is a famous case where the Supreme Court
struck down and set aside the conviction on
the basis of the experts identifying the
handwriting. The Supreme Court said that the
opinion of an expert must be received with
caution.
Section 293 Criminal procedure code
• Reports submitted by Government scientific
expert may be used as an evidence in inquiry,
trial and other proceedings of this code.
It applies to:
• (a) any Chemical Examiner or Assistant
Chemical Examiner to Government;
• (b) the Chief Controller of Explosives;
• (c) the Director of the Finger Print Bureau
• (d) the Director, Haffkeine Institute, Bombay
• (e) the Director [, Deputy Director or Assistant
Director] of a Central Forensic Science Laboratory
or a State Forensic Science Laboratory
• (f) the Serologist to the Government
• (g) any other Government scientific expert
specified, by notification, by the Central
Government for this purpose.
Thank You

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