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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