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A Study of Forensic Science and Medical Jurisprudence


Submitted by
Dhruv Aghi
BBA.LL.B. (A), Roll No. 8
Batch 2010-15
Of
Symbiosis Law School, NOIDA
Symbiosis International University, PUNE



Under the guidance of
Prof. Sukhvinder Singh
Prof. Megha Chauhan
Faculty in Charge for Forensic Science
Symbiosis Law School, NOIDA



DECLARATION
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I, Dhruv Aghi, student of Symbiosis Law School, Noida pursuing BBA.LLB. (VII Semester),
hereby declare that the Project of Forensic Science is submitted by me in the line of partial
fulfilment of course objectives for the Forensic Science.










Date: September 12, 2014 Name: Dhruv Aghi
Place- SLS, NOIDA BBA.LLB (VII SEMESTER)


















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C E R T I F I C A T E

The project of Forensic Science is submitted to the Symbiosis Law School, Noida as part of
internal assessment based on my original work carried out under the guidance of Professor.
Sukhvinder Singh & Professor. Megha Chauhan. The research work has not been
submitted elsewhere for award of any degree.
The material borrowed from other sources and incorporated in the thesis has been duly
acknowledged.
I understand that I myself could be held responsible and accountable for plagiarism, if any,
detected later on.




Signature of the candidate:- Dhruv Aghi



















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ACKNOWLEDGEMENT

It is a great pleasure for me to put on records our appreciation and gratitude towards
Professor Sukhvinder Singh and Professor Megha Chauhan, our faculty (Project Guide)
for his valuable support and suggestions for the improvement and editing of this project
report and immense support and encouragement all through the preparation of this report.
Last but not the least; I would like to thank all the persons who directly or indirectly helped
me in completing my project report.










Date: September 12, 2014 Name: Dhruv Agi
Place- SLS, NOIDA BBA.LLB (VII SEMESTER)
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INDEX

Sl no. Contents Page No.
1. INTRODUCTION 6
2. OBJECTIVE OF STUDY 7
3. HYPOTHESIS/RELEVANT RESEARCH
QUESTION
7
4. NEED OF STUDY 7
5. SCOPE OF STUDY 8
6. METHODOLOGY OF STUDY 9
7. REVIEW OF LITERATURE 10
8. A STUDY OF FORENSIC SCIENCE &
MEDICAL JURISPRUDENCE
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9. CONCLUSION 20
10. BIBLIOGRAPHY 22



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INTRODUCTION

Forensic Science is the application of a broad spectrum of sciences to answer questions of
interest to a legal system. This may be in relation to a crime or a civil action. Besides its
relevance to a legal system, more generally forensics encompasses the accepted scholarly or
scientific methodology and norms under which the facts regarding an event, or an artifact, or
some other physical item (such as a corpse) are ascertained as being the case. In that regard
the concept is related to the notion of authentication, where by an interest outside of a legal
form exists in determining whether an object is what it purports to be, or is alleged as being.
Forensic law also includes the business of providing accurate, timely, and thorough
information to all levels of decision makers in our criminal justice system. The word
forensic is derived from the Latin word forensis which means forum, a public place
where, in Roman times, senators and others debated and held judicial proceedings.

The term Jurisprudence is derived from Greek where Juris means of court and Prudence
meansKnowledge. Medical Jurisprudence is thus, the knowledge of law and court procedures
while practicing medicine. In short, a doctor is required to know some aspects of law during
medical practice. Dr. P.C.H. Brouardel, a famous late nineteenth-century French medico-
legalist, has said something which holds true now as when he wrote it, if not more so: If the
law has made you a witness, remain a man of science. You have no victim to avenge, no
guilty or innocent person to convict or save- you must bear testimony within the limits of
science.












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OBJECTIVE OF STUDY
The overall aim of this Study is to gather, summarize, and integrate social research into the
application of forensic science to the investigation of volume crime. Due to the broad nature
of this area, a systematic Doctrinal methodology was employed for the searching and
retrieval of the research, and a traditional literature review methodology used for the
summarizing and Integration of findings. The main objectives of the review were:
to identify the new mechanisms and methods i.e. in the arena of Forensic Science
to identify the strengths and weaknesses of the use of forensics in the investigation of
volume crime in the near future; and,
to identify the way in which forensic science contributes to the effective and efficient
detection (and conviction) of crime.
contribution of Medical Jurisprudence to the field

HYPOTHESIS/ RELEVANT RESEARCH QUESTION
As the Objective of this whole Paper is to identify the new Mechanisms in the Field of
Forensic Science and Medical Jurisprudence, the Hypothesis is assumed to be there has been
magnificent development in the field of Forensic Science Worldwide and these developments
in the Forensic Science Field have helped to solve the Cases Quickly and with much more
accuracy.
So, the Hypothesis/ Research Question is as follows:
What is the Scope of Forensic Science?
What are the benefits of Medical Jurisprudence?

NEED OF STUDY
A thumb impression may be an expression of illiteracy but the application of science makes it
a minefield of information about a particular crime or any incident requiring investigations.
Forensics experts examine the exhibits found at the crime spot forwarded by the investigating
agencies and render opinion and substantiate them in the courts through testimony and
evidence. Competent work by forensics experts involves sifting chaff from the grain in any
homicide case. Cracking cases with forensic analysis would decisively help in speedy
disposal of the huge backlog in the courts.

Forensic science is an unsung field holding the key to the most complicated cases. But to
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reach a high-level of efficiency, the number and standard of forensic labs have to be very
high to come up with clinching evidence. India has certainly not walked very far on this
road.
By establishing the authenticity of legal documents (ownership of land property, etc) or
articles before litigation starts, forensic tests could stop several civil cases from going to the
courts. Over two Crore cases are pending in Indian courts and each year about 57 lakh are
regularly registered.
Intimidated witnesses or witnesses under inducement giving oral evidence is a very fragile
support to the prosecution. Scientific and circumstantial evidence always assume effective
importance.
These kind of situations give rise to the need of Forensic Science Study and plays a very
Important Role in the Solving of the Cases.

SCOPE OF STUDY

With the rising number of incidents of crime and fraud in India, and Overseas, the scope of
forensic science is definitely rising. Today there are Forensic Science related jobs in both the
Government and Private Sector. Crime Branches, CBI, CID, Police, Investigation Bureau,
Defense/Army, Courts, Narcotics Dept., Universities, Detective Agencies, Banks, Insurance
Companies. One can even engage in private practice.
Forensic Science, as you know, is the application of assorted scientific methods and
principles for the proper investigation of crime. Forensic Experts having expertise in different
fields (and hence designations) like Forensic Scientists, Forensic Investigators, Fingerprint
Expert, Handwriting Expert, Crime Scene Investigator and such others collect clues from the
crime scene and elsewhere to convert them into evidences to prove a crime or solve a case.
Mostly, forensic science expert works with police department, legal agencies and
investigative agencies. Apart from these departments, such experts could also join private
detective agencies. State forensic department recruits forensic professionals through public
service commission. A forensic expert could find job in various branches of this field, for eg.
Forensic anthropology, forensic archeology etc. As far as government agencies are
concerned, a forensic expert could join IB, CBI, police force in their crime cell, forensic lab
etc.
As the Scope of the Study of this paper is very vast and wide, the Paper aims at the Recent
Developments in the Field i.e. Techniques/ Mechanisms used to solve the Case.
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METHODOLOGY
The Research Methodology adopted for this project is Strictly Doctrinal.

Several search strategies were used to identify studies, published or otherwise, that met the
preliminary eligibility criteria. The intention was to avoid bias resulting from searches that
were not comprehensive. These strategies included a keyword search of databases, searches
of relevant reviews.

The library catalogues listed below were searched; these cover a wide range of publications
and research: -
The Forensic Science Service.
Social Science Research Network (SSRN)

The following databases were searched: -
NCSTL
National Center for Forensic Science
Forensic Science Society of India

Searches were also conducted using the Internet search engines: Google and Yahoo.













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REVIEW OF LITERATURE
THE CONTRIBUTION OF FORENSICS TO THE DETECTION OF CRIME
Before the detailed research into the application of forensic techniques to volume crime is
explored, it is useful to summarize several studies that have attempted to set the contribution
of forensics to the overall process of crime investigation in a wider context.

The limited amount of work that has been undertaken on criminal investigations indicates
that the majority of detected cases are not solved through the use of forensic evidence.
Previous reviews of the research have concluded that forensic science is central to the
detection of only a minority of crimes (see for instance reviews by Peterson, Bender and
Gilliland (1982), Horvath and Meesig (1996) and Jansson, 2005)). The literature on the
relative contribution of different investigative techniques is not large but most of it tends to
support the limited role of forensics.
A useful starting point in exploring the overall contribution of forensic material is to examine
cases that relied in some way upon physical evidence. As the report goes on to consider in
more detail, while it is relatively straightforward to identify those cases, which involve the
use of physical evidence, understanding the actual contribution of forensics to detections is
more complex. One of the first studies to explore the contribution of physical evidence was
the RAND study in the US in the mid 1970s (Greenwood et. al. (1975), and in particular the
work of Petersilia, (1978)). The general conclusions from the RAND study were that
investigators do not investigate crime in a way the public is often encouraged to believe.
Offenders being arrested at the scene, or by critical information gathered from eyewitnesses
detect most crimes. If these are absent there is little chance of a detection (for a fuller
summary see Jansson, 2005). The use of physical evidence to detect offences was no
exception to this general rule. The study revealed that between 1.2 per cent and 1.5 per cent
of all burglaries were cleared up as result of fingerprints found at crime scenes (Greenwood,
op. cit.). Steers 1974 study of a sample of detections in the Thames Valley police area in
England found very limited use of physical evidence (Steer, 1980), albeit measured on a
different basis to the RAND study. Of a random sample of detected offences in the police
area (n=340), only three (0.9%) were detected as a result of fingerprint searches, with no
other physical evidence categories listed. From a sample of more serious detected crimes
(n=99), a similar proportion was detected by fingerprint matching. In terms of detections,
Coupe and Griffiths (1996) study of burglary investigations in England revealed that
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forensic techniques were used in 17 per cent of detected burglaries. However, physical
evidence was perceived as essential to detection in only six per cent of primary detections.

The corroborative model of the application of forensic science was identified as an
international phenomenon in Horvath and Meesigs review of the research literature (1996).
Ericsons (1981) study of detectives in Canada also noted that, while forensic materials and
scientific analysis did not play a major role in investigations, it did help to convict a suspect
once identified. It was particularly effective in gaining leverage during police interviews to
gain confessions. Although the situation in Japan was reversed (with confessions being
corroborated by forensic evidence after the event), the general principle still applied
(Miyazawa, 1992). Horvath and Meesigs summary of the use of forensics is helpful:

Currently, detectives use physical evidence to assist in either obtaining or corroborating
confessions and in collecting intelligence. Seldom is physical evidence relied upon solely for
its intrinsic value in identifying or locating a suspect (Horvath and Meesig, 1996 p.965)

Ramsay (1987) undertook the first comprehensive social research study of British forensic
science practice during the 1980s. This study also clearly points to the corroborative nature of
the use of forensic science in the UK at that time:

Apart from a few exceptional casesthe police turned to the FSS because their investigations
needed to be deepened if they were to be sure of gaining a conviction. There were, for
instance, hardly any cases where the police had identified a suspect on the basis of
fingerprint marks (Ramsay, 1987 p13)








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A STUDY OF FORENSIC SCIENCE & MEDICAL JURISPRUDENCE

Types of Evidence:
Forensic scientists often work as generalists, meaning that they have expertise in working
with a wide variety of evidence types. However, many also specialize in the use of certain
techniques and tools. Different types of evidence require different skills and equipment.
Types of evidence that are most frequently analyzed during investigations include: trace
evidence and biological and ballistic evidence. Trace evidence is found wherever an object or
person has had contact with another object or person and each of the objects leaves behind
some sign of its having been there. Fingerprints and tire tracks are examples of trace
evidence. Biological evidence will be found wherever there is bodily fluid or human or
animal remains, and can include DNA testing. Ballistics is the study of firearms and, in
particular, the path that a bullet takes during flight.

i) Biological Evidence:
In examining biological evidence, forensic scientists use tools both at the scene, and in the
lab. When a forensic scientist arrives at a crime scene, he may look for human remains, blood
or other bodily fluids and collect samples of any that are found. Because not all bodily fluids
(particularly those that have been cleaned up after) are visible to the naked eye, the scientist
can use the chemical Luminol to show latent traces of blood. Where large quantities of blood
are present, an expert in blood spatter analysis can examine the patterns and size of the
bloody areas to determine information such as the trajectory of the blood. This data can help
an investigator deduce what type of weapon was used, or where the perpetrator and victim
were standing during the attack.

ii) DNA Evidence:
DNA evidence uses the unique genetic markers that identify individuals to determine whether
a person was at a scene, or to identify a piece of property as belonging to a specific person. In
order to identify an individual's DNA it must be extracted from a piece of property that a
person has had contact with, and has left a bodily fluid such as semen, blood or saliva on. The
scientist performs tests that identify genetic markers and create a profile that is unique to that
person, and can be compared to a sample taken from any individual. Scientists may also
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attempt to get enough blood from evidence to conduct toxicology testing, to determine the
presence of alcohol, drugs, poisons or chemicals.

iii) Trace Evidence:
Trace evidence is found where two objects have made contact with each other. When a
person or an object touches another object, some 'trace' of the two will be exchanged. This is
the theory behind the analysis of fingerprints, tire and footprints, and fiber analysis.
Technicians lift fingerprints from surfaces by dusting the area with a powder which sticks to
the oils in the fingerprint. She then employs fingerprint lifting tape to take the print from the
surface to the lab, where it can be analyzed. In the case of a footprint, tire track or other
pattern that was left in an outdoor area, a forensic scientist can fill in the depression with
plaster, which can be removed after it sets up. The casting is taken to a lab where it is stored
until needed, or compared against a known sample, such as a suspect's shoe.

iv) Ballistics:
Some forensic scientists specialize in the field of ballistics testing. Ballistics is a science that
involves the science of the flight path that a bullet takes as it travels to its target. Trained
ballistics specialists can glean a tremendous amount of information about the type of weapon
that was used, the path of the bullet and more through the examination of the bullet itself.
Guns produce a specific pattern of wear and grooves on bullets as they are fired, and this
pattern is unique. By examining the bullets and test-firing weapons, an investigator can
frequently either identify the type of firearm that was used, where it was fired from, or even
match the bullet with a specific weapon.

Scope of Forensic Science:

Forensic science has shaped the world of justice, fuelling crime investigations and signifying
the progress of modern technology. Forensic science of today covers :
Modern computer/clay facial reconstruction;
DNA fingerprinting;
Autopsy techniques;
Forensic anthropology;
Toxicology and much more.

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Forensic Psychology:
Psychological evaluation is regarded as the key to human brain in crime investigation.

There are certain steps to be followed in psychological evaluation, which includes:
i) Psychological profiling
ii) Psychological assessment
iii) Polygraph
iv) Brain Electrical Oscillation Signature Profile (BEOS)
v) Narcoanalysis

Psychological Profiling:
Psychological Profiling is the study of the psychological background of the person. This is
done for the complete understanding of the individual. It consists of the following:

a) Personal History: Family, childhood behaviour, education, occupation, health, sex
marriage, emotional and fantasy life, habits, moral life alcohol or substance use, religious and
other cultural ballets, interpersonal and social relationships.

b) Mental Status Examination: Presence of psychiatric and neurological symptoms,
abnormality in orientation, attention, concentration, memory, speech, perception, mood,
thought processes, judgement, incite and other behavioural manipulations are assessed.

Psychological Assessment:
This assessment helps us to understand the personality, attitudes, beliefs, moral values,
behavioural patterns of the individuals and specially their tendency to commit crimes.
Assessment also aims at cheching for the presence or absence of various forms of abnormal
behaviour and personality disorders that can lead to criminal behaviour. It also reveals a
persons tendencies to lie, fake, manipulate, put himself in good or bad light etc. especially in
a standard social situation.

Polygraph:
It measures physiological responses produced by inducing stress by asking questions.

This is done by:
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Verifying the veracity of statements of suspect, witness and complainant in crimes.
Economize the process of investigation by creening large number of suspects.
Corroborates or rules out the possibility of someones involvement and helps investigation.
Variety of testing formats available based on the nature of case and information available.

Brain Electrical Oscillation Signature Profile (BEOS):

This was developed by Dr. Mukundan based on the concept of Experiential Knowledge (EK).
EK is the memory acquired when an individual participates and is fully involved in an event
(Crime) which becomes an experience.

Probes related to the crime activates memory (EK) related to the experience of committing
the crime causing significant electrical changes in the brain.

Scope of BEOS:
Checks for the individuals involvement in a crime.
Differentiates the extent of participation of each individual in the crime.
Various possibilities about the way the crime was committed can be tested.
Acquires information directly from the brain and does not require the persons participation
leaving no scope for manipulation.

Narcoanalysis:
It is an invasive technique in which sodium pentothal, a drug is injected to the subject to
induce a semiconscious state and disinhibition and he is interviewed on the details of the
crime. Sodium Pentothal removes conscious control and makes the person disinhibited. It
makes him more relaxed, comfortable, open, free and conversant. Narcoanalysis is conducted
at an operation theatre with the necessary facilities for life support wherein the psychologist
injects the drug and retrieves vital physiological parameters and forensic psychologist
conducts the interview.

Scope of Narcoanalysis:
Scientific technique but can help elicit concealed information related to the crime.
Helpful especially in cases of larger social interest like terrorism
Results admissible in the court can help further investigation in a case.
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Court order is mandatory for Narco analysis.

Cyber Forensics:
It is the art and science of applying computer science to aid the legal process. Although
plenty of science is attributable to computer forensics, most successful investigators possess a
nose for investigations and a skill for solving puzzles, which is where the art comes in. -
Chris L.T. Brown, Computer Evidence Collection and Preservation, 2006.

Thus, it is more than the technological, systematic inspection of the computer system and its
contents for evidence or supportive evidence of a civil wrong or a criminal act. Computer
forensics requires specialized expertise and tools that goes above and beyond the normal data
collection and preservation techniques available to end-users or system support personnel.
One definition is analogous to "Electronic Evidentiary Recovery, known also as e-discovery,
requires the proper tools and knowledge to meet the Court's criteria, whereas Computer
Forensics is simply the application of computer investigation and analysis techniques in the
interests of determining potential legal evidence."[1] Another is "a process to answer
questions about digital states and events". This process often involves the investigation and
examination computer system(s), including, but not limitied to the data acquisition that
resides on the media within the computer. The forensic examiner renders an opinion, based
upon the examination of the material that has been recovered. After rendering an opinion and
report, to determine whether they are or have been used for criminal, civil or unauthorized
activities. Mostly, computer forensics experts investigate data storage devices, these include
but are not limited to hard drives, portable data devices (USB Drives, External drives, Micro
Drives and many more).

Scope of Cyber Forensics:
Cyber experts provides various Forensic Science services including- Forensic Expert
Opinions Under Section 45 of Indian Evidence Act on Questioned Document & Handwriting
Analysis, Fingerprints, Forged Electronic Documents, Digital Document Frauds, Disguised
Documents, Spoofed Emails, Phishing emails, Phishing sites, Copyrighted Websites, Original
Author, Real Creator, Designer or Owner of Computer Files, eContracts, eAgreements,
Authenticity of Images, Photo, Camera, Video, Audio Files, Film, Tape, Picture, Deleted
Data Recovery, Digital Evidence Recovery, Location of Email, IP Location, Website
Registrar, Fake Content, Fake Profiles, Porn Clips, Vulgar Emails, Spam Mails, Lottery
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Emails, Secure Deletion of Sensitive Information, Retrieving user history, password
recovery, login details recovery, MMS, Sim Card Data Recovery, Call History on Mobile
Phone, Deleted SMS Recovery, Electronic Evidences Collection, Mirror Imaging, Hash
Value, Scanned Documents, Duplicate Documents, Decipher, Invisible Writing, Hidden
Evidences, Blackmailing Messages, Suicide Notes, Disputed Documents, Legal Softwares,
Forensic Work Stations, EnCase, Forensic Tool Kit, iLook, Xway, Cyber watch, Guidance,
Access Databases, Outlook Express Email Recovery, Web Mail Traces, PDF Files, Excel
Files, Litigation, Threatening or Anonymous Emails / Chat, File or Folder Age / Date / Time
Analysis, Cross Examination, Expert Testimony, Typewritten Document Examination,
Computer Printout Examination, Infrared / Ultra Violet Examination of Printed Papers, fake
agreements, Consumer Court related documents, Expert Consultation, Breach of
Confidentiality, Legal Consultancy, Wrongful Termination, Forensic Imaging, Forensic
Photography, and many more.

A STUDY OF MEDICAL JURISPRUDENCE

"Medicolegal" is the term, which incorporates the basics of two sister professions i.e.
Medicine and Law. Everybody talks about the law but few, aside from lawyers, judges and
law teachers, have more than the vaguest notion of what constitutes law. The average layman
often has about as much accurate information about the law as he has about medicine-or life
on Venus. And, unfortunately, two professional groups suffer from more ignorance of law
and medicine than is good for them:
lawyers, at least those who do not constantly deal with medical issues in their legal practice,
know very little about the medical profession and its problems; physicians frequently
comprehend too little about the law and how it affects them in the practice of their profession.
Medico legal experts can provide a link between these two professions for their smooth &
effective functioning in a scientific manner. The physician meets the law at every turn. He
confronts it when, as the treating doctor, he is subpoenaed as a witness in a personal injury
lawsuit; he meets it when his aid is sought as an expert in connection with a claim that
another member of his profession has been negligent and when he is faced in his office or
clinic by a narcotic addict, a man with a gunshot wound, or a young couple seeking a blood
test. He is face-to-face with the law when he is required to render an aggravating array of
governmental reports or to preserve physical evidence for the benefit of a law enforcement
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agency. The physician, in fact, finds a great deal of the law intensely irritating, often because
he is not absolutely clear as to its purpose.
The following subjects deal with all the above aspects of Law and medicine.

#Forensic Medicine
#Medical Jurisprudence
# Toxicology
Medical jurisprudence is the application of medical science to legal problems. It is typically
involved in cases concerning blood relationship, mental illness, injury, or death resulting
from violence. Autopsy is often used to determine the cause of death, particularly in cases
where foul play is suspected. Post-mortem examination can determine not only the immediate
agent of death (e.g. gunshot wound, poison), but may also yield important contextual
information, such as how long the person has been dead, which can help trace the killing.
Forensic medicine has also become increasingly important in cases
involving rape. Modern techniques use such specimens as semen, blood, and hair samples of
the criminal found in the victim's bodies, which can be compared to the defendant's genetic
makeup through a technique known as DNA fingerprinting; this technique may also be used
to identify the body of a victim. The establishment of serious mental illness by a licensed
psychologist can be used in demonstrating incompetence to stand trial, a technique which
may be used in the insanity defense, albeit infrequently.
Autopsy:
Autopsy is the systematic examination of a cadaver for study or for determining the cause of
death. Autopsy means "see for yourself". It is a special surgical operation, performed by
specially trained physicians, on a dead body. Its purpose is to learn the truth about the
person's health during life, and how the person really died. Autopsies, also known as
necropsies, postmortems, or postmortem examinations, use many methodical procedures to
determine the etiology and pathogenesis of diseases, for epidemiologic purposes, for
establishment of genetic causes, and for family counsel. There are many advantages to
getting an autopsy. Even when the law does not require it, there is always something
interesting for the family to know. Post-mortems may be performed at the request of the
authorities in cases of unexplained and suspicious death or where a physician did not attend
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death. In other circumstances post-mortem examination may be performed only with the
consent of the deceased's family or with permission granted by the person himself before
death. These examinations are more frequently being used for the acquiring of organs and
tissues for transplantation. Valuable medical information can be learned from a post-mortem
examination. Legionnaire's disease, for example, was discovered as a result of autopsies, and
improved safety standards have resulted from the examination of the bodies of crash victims.
The autopsy deals with the particular illness as evidenced in one individual and is more than
simply a statistical average. Every autopsy is important to expose mistakes, to delimit new
diseases and new patterns of disease, and to guide future studies. Morbidity and mortality
statistics acquire accuracy and significance when based on careful autopsies. The autopsy
procedure itself has changed very little during the 20th century. It is a detailed examination of
a body and each of its part, not only superficially but also through various tests on tissue in
labs. Its purpose is to learn the truth about the person's health during life, and how the person
really died. Apparently, autopsies are being performed with decreasing frequently. Where
earlier in the century as many as half of all bodies had autopsies performed, now only 5-10
percent of corpses undergo the procedure. Generally, an autopsy is only done when there is
some cause of doubt as to the cause of death, although the family of the deceased can always
request an autopsy even if the hospital doesn't think it necessary. The first step
is a gross examination of the exterior for any abnormality or trauma and a careful description
of the interior of the body and its organs. This is usually followed by further studies,
including microscopic examination of cells and tissues. Then the pathologist proceeds to the
dissection, which consists of removing and examining carefully all parts of the body.
DNAFingerprinting:
DNA fingerprinting or DNA profiling or any of the several similar techniques for analyzing
and comparing DNA from separate sources are used especially in law enforcement to identify
suspects from hair, blood, semen, or other biological materials found at the scene of a violent
crime. It depends on the fact that no two people, save identical twins, have exactly the same
DNA sequence, and that although only limited segments of a person's DNA are scrutinized in
the procedure, those segments will be statistically unique. The DNA samples of the culprit
can be obtained from the scene of crime itself. For example
blood samples from a scene of murder or samples of seminal fluids deposited on the clothes
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or furniture or in the body of the victim of rape can be used to acquire a sample of the culprits
DNA. These samples can be compared with those taken from a possible suspect in the case.
DNA evidence, apart from its use in criminal law to determine the killer or the rapist, is also
employed for various other purposes. Amongst its varied applications, Paternity testing,
Personal identification (of a mutilated body or skeletal remains), study of the evolution of the
human population and study of inherited diseases like Alzheimers disease etc. are included.
The success rate in solving complex cases in Criminal Law has greatly increased after the
discovery and use of DNA evidence technologies. The introduction of DNA evidence in the
field of Criminal law has particularly facilitated convictions in the matters involving the
offence of Rape.
Prior to the use of DNA evidence, matters involving the offence of rape could be solved
primarily by circumstantial evidence only. It was very difficult for the victim of rape to prove
the offence in the absence of either circumstantial evidence or an eyewitness, which was very
rare. Since, the introduction of the DNA evidence, this has been greatly simplified. First
samples of the seminal fluids found at the scene of crime by the investigating officer are
analysed. If this is not available, then samples of the seminal fluid are extracted from the
victims body itself. The DNA from this sample is then compared with the DNA sample taken
from the accused. If the report establishes that these samples match, then this acts as evidence
in the court proving rape.
As regards the offence of murder, DNA samples that are collected from the blood, mucous,
saliva, skin, hair samples etc, found on the crime scene are employed to extract the DNA
sample. This provides for a very effective technique to nail the culprit.
DNA testing should be viewed against the fact that the growing citizen concern over crime is
not merely about mounting statistics. It is also over the detectives' inability to solve many
gruesome crimes. The question that is often asked is how far the police are equipped to
handle investigations using modern science and technology, and how far does the current law
of evidence in the country recognize evidence gathered from such tests. There is more than a
trace of popular cynicism over police willingness to spurn third degree methods in favour of
scientific investigation. It is mainly in this context that many critics
of police performance raise the issue of DNA profiling frequently.
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Apart from its use to nail the culprit, Post-conviction DNA Testing is also a very effective
method to exonerate the innocent. The sophisticated technology makes it possible to obtain
conclusive results in cases in which the previous testing had been inconclusive. Post-
conviction testing will be requested not only in cases in which the DNA testing was never
done but also in cases in which more refined technology may result in an indisputable
answer.
The remarkable feature of DNA is that individuals leave at least traces of it almost
everywhere. A few of the everyday objects handled by us, such as pens, telephones, mugs
and keys are some of the things that require attention from a crime investigator. A variety of
offences such as murder, rape, armed robbery; extortion and drug trafficking yield
themselves to the application of DNA collection and testing. According to a study by the
National Institute of Justice (NIJ) of the United
States' Justice Department, there are many unusual sources of DNA evidence that need to be
explored by an investigator. These include saliva found on the flap of an envelope containing
a threat letter, spittle collected from the sidewalk where a suspect in a sexual assault case was
under surveillance and blood collected from a bullet that had injured an assailant himself in a
case of murder.
Collection of samples at a scene of crime requires some skill and observance of basic rules of
hygiene. There are two dangers here. One is that, as in the case of hand fingerprints, there is a
distinct possibility of several persons having left their DNA behind in a scene of crime. The
need, therefore, is to identify all visitors and collecting their samples also (apart from those of
the victim/suspect). This assiduous process can try an officer's patience. Secondly, DNA
samples are extremely susceptible to contamination. It is essential that the technicians
collecting the sample adopt all precautions that a surgeon would while performing a critical
surgery. Any slackness could render the entire operation wasteful and susceptible to easy
picking of holes by the defense counsel during a trial.





22
CONCLUSION
After completing my research in this project I have reached to a conclusion that, forensic
science is a boon in delivery of justice without delay. Forensic science is a proved technique
which involves several branches of science. Forensics consists of advanced modern medical
technology. Forensics requires an expert who can collect biological samples paying essential
precautions while their collection, like proper handling, proper storage of biological samples
like blood, semen, saliva, hair etc. Forensic science still needs some technological
advancement. Forensic science also requires experts in criminal cases, who can collect
evidences safely. Unlike the practice in USA and England and other developing countries,
DNA Technology has a very little application in the Indian Legal System. The admissibility
of the DNA evidence before the Court always depends upon its accurate and proper
collection, preservation and documentation by which the prosecution can be able to satisfy
the court the unbroken chain of custody of the physical sample from the time of seizure to the
time of analysis.
The modus operandi of the crime has become complex in the modern scientific era. It is
essential that science and technology that are developed in the laboratories be applied in real
life also. It must be converged with the laws too, especially with criminal Justice
administration system. It is to be acknowledged that laws must not be static but dynamic in
its approach and must be in harmony with the society. The trouble with the laws these days is
that criminals are changing their strategies faster than the legislature. As in the famous words
of Edmund Burke Bad laws are the worst sort of tyranny and if the tyranny is not
controlled no one but the innocent will be destroyed and massacred. The development of
DNA technology AHARAY furthers the search for truth by helping police and prosecutors in
the fight against violent crime. Through the use of DNA evidence, prosecutors are able to
conclusively establish the guilt of a defendant. So, the importance of DNA technology in the
administration of Justice in any form of society and in any part of the world cannot be denied.
India has already put a step forward in this approach by developing the DNA Drafting Bill
2007. The Bill is inspired from such DNA Legislations from around the globe. Though the
Bill is yet to see the light of the day, but it can be said that first step has already been laid in
the path of a specific Forensic legislation.
This Suggests that the Hypothesis, which was adopted by me in the start of my research, has
turned out to be completely correct as per my research. There has been some substantial
23
developments in the field of Forensic Science which helps to solve the case quickly and with
more accuracy.

The introduction of medical jurisprudence has immensely benefited both the medical and the
legal field of work. A better understanding and cooperation has resulted and has facilitated a
smoother working of both disciplines.
Previously unsolvable cases are now solved with ease with the development of the field of
medical jurisprudence. It covers in its ambit the provision of evidence for a wide range and
scope of cases. It can be used to determine the Paternity of a child and also be employed in
determining the identity of human bodies, which have been mutilated beyond recognition in
accidents like bomb blasts, factory explosions etc. In the field of Evidence Laws, it can be
appropriated to solve cases involving murder, rape etc. Medical jurisprudence techniques like
autopsy can also be employed to discover important facts vital to the case after the person has
died.
However, despite their vast benefits to the field of law, medical jurisprudential techniques are
not treated as primary evidence till date. The present Indian Evidence Act continues to treat
technical findings, such as the results of DNA tests, as expert evidence. This situation will
continue till a legislation is drafted and enacted by the Parliament.
Under section 45 of the Indian Evidence Act, 1872, it has been, inter alia, provided that,
when the court has to form an opinion upon a point of science, or art, or as to identity of
handwriting or finger impression, the opinions upon the point of persons specially skilled in
science or art or any question as to identity of handwriting or finger impressions are relevant
facts and such persons are called experts. The expression opinions upon a point of science of
persons specially skilled in science is capable of application to all future advances in science
which enable an expert opinion on a point. Due to the heavy misuse and lack of knowledge of
the courts as regards scientific evidence, they are hesitant in applying these techniques. In
order to determine whether scientific evidence is admissible, the court may consider-

(1) whether the principle or technique has been or can be reliably tested,
(2) whether it has been subjected to peer review or publication,
(3) its known or potential rate of error,
(4) whether there are standards or organizations controlling the procedures of the technique,
(5) whether it is generally accepted by the community, and
(6) whether the technique was created or conducted independently of the litigation.
24
The situation appears hearty only as regards autopsy reports, which have been given the
status of documentary evidence under the Indian Evidence Act. The merit attached to them,
however, remains subjective and varies from case to case. The complete benefit of these
medical jurisprudential techniques can be enjoyed only by an enactment recognizing these
techniques as primary evidence, giving it the credit it deserves. The research as per
Hypothesis stands completely correct.




























25




BIBLIOGRAPHY
BOOKS
1. ALLAN JAMESON, ANDRE MOENSSENS, WILEYS ENCYCLOPEDIA OF
FORENSIC SCIENCE, FIRST EDITION, JOHN WILEY AND SONS LIMITED,
2009
2. BROWN, DAVENPORT, FORENSIC SCIENCE-ADVANCED INVESTIATIONS,
SOUTH-WESTERN CENAGAGE LEARNING, 2012
3. LISA YOUNT, FORENSIC SCIENCE-FROM FIBRES TO FINGERPRINTS,
SECOND EDITION, 2007
4. HOUCK, MAX. M, FORENSIC SCIENCE-MODERN METHOS OF SOLVING
CRIME, 2007
5. FORENSIC SCIENCE IN INDIA, BUREAU OF POLICE RESEARCH &
DEVELOPMENT, NEW DELHI, 1997
6. TEWARI RK, KV RAVI KUMAR. NINE DECADES OF FORENSIC
EXAMINATION IN INDIA, THE INDIAN POLICE JOURNAL (SPECIAL ISSUE
ON INDIAN POLICE AFTER 50 YEARS OF INDEPENDENCE), VOL. XLV, NO.
1 & 2, JAN-JUNE 1998, PP 116-122

RESEARCH PAPERS
1. Pushparaja Shetty, A Raviprakash, FORENSIC ODONTOLOGY IN INDIA;AN
ORAL PATHOLOGISTS PERSPECTIVE, retrieved from
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3190435/
2. Dr. Indrajit Khandekar, Dr. Bipinchandra Tirpude, DEVELOPMENT OF CLINICAL
FORENSIC MEDICINE IN INDIA A NEED OF TIME retrieved from
http://medind.nic.in/jal/t10/i1/jalt10i1p85.pdf
3. Tewari R K, Ravikumar K V. HISTORY AND DEVELOPMENT OF FORENSIC
SCIENCE IN INDIA. J Postgrad Med [serial online] 2000 [cited 2014 Apr 9];46:303.
Available from: http://www.jpgmonline.com/text.asp?2000/46/4/303/250
26
4. Andy Feist, THE USE OF FORENSIC SCIENCE IN VOLUME CRIME
INVESTIGATIONS, retrieved from
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/115849
/hoor4305.pdf

ONLINE WEBSITES
1. Medical Jurisprudence & Forensic Science, accessed on 9
th
September, 2014 on
www.legalserviceindia.com