MEDICAL JURISPRUDENCE

(Semester VIII)

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Dear Reader,

These notes consist of a total of 73 pages. The source of the notes are notes from this semester, notes
from previous years and any hand-outs given this year and last year. Please read any instructions given in
any part of the notes (titled ‘note’). The highlighted portions are those which I am slightly doubtful of.
Please let me know in case you have any queries. Hope this helps. Best of luck and happy studying!

Regards,
Ankita and Geetan

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Unit I Definition, Nature, Need and scope of Forensic Science and Medical
Jurisprudence

1.1. History of Forensic Science

1.2. Forensic Science Laboratories, Institutions and their role in Criminal Detection
1.3. Scope of Forensic Science- National and International
1.4. Importance under Criminal Procedure Code 1973, Indian Evidence Act 1872

Investigation and Crime Scene

1. The following steps need to be followed in every investigation-

(a) Protection
(b) Photography
(c) Searching
(d) Sketching
(e) Recording
(f) Handling the Clues

2. There are four methods of searching, which have been discussed as follows-
(a) Zonal- the crime scene is divided into zones after which the search is carried out
(b) Spiral- the search is carried out spirally, either inward or outward.
(c) Strip- the search is carried out in a parallel manner after dividing the crime scene into stripes.
(d) Cross-hatch- the search is first carried out in a parallel manner and then perpendicularly.

3. Sketching is generally carried out to determine the distance between objects. There are two
methods for sketching, namely-
(a) Coordinate method- This is generally done for indoor crimes. A focal point is taken and
distances are calculated from that point.
(b) Polar method- This is done for outdoor crimes. Herein, a landmark is taken to be the focal
point and distances are calculated from that point. There are no boundaries in such case.

4. A scene of crime is where clues lie and an observation of the same can lead the investigation in a
particular direction.
5. It helps verify the statement of the witness or a suspect and by the study of the modus operandi
may even lead to detection of the perpetrator.
6. Thus, the purpose of investigation of the scene of crime is to collect the evidence, link it to the
perpetrator and establish its guilt.
7. However, the evidence on such scene of crime may be tampered with intentionally or
unintentionally. Thus, it must be protected not just from a curious bystander but also from curious
officials.
8. Further, the scene of crime must be photographed, searched and sketched before anyone is
allowed to wander around the place.
9. First a preliminary survey is carried out where nothing is touched or moved, until it is
photographed, sketched and described in minute detail, giving its nature, features, location, etc.
10. All evidence must essentially be marked for the purpose of examination.

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1.2. Forensic Science Laboratories (FSL), Institutions and their role in Criminal Detection

1. Some of the institutions in India dealing with forensic science are as follows-

(a) Bureau of Police Research and Development (BPRD)

(b) Central Forensic Science Laboratory
(c) State Forensic Science Laboratory
(d) Regional Forensic Science Laboratory
(e) Chemical Examiner Laboratory

(Previously, all such institutions were located in Kolkata)

(f) National Crime Record Bureau (NCRB)- Located in Delhi

(g) Government’s Examiners of Questioned Documents (GEQD)- It is the oldest institution. Was
previously located in Simla. Now located in Chandigarh.
(h) Centre for DNA Fingerprinting and Diagnostics (CDFD)- Earlier part of CCMB, Hyderabad.
But, when cases regarding DNA Fingerprinting started increasing, a new institution called the
CDFD was established.

2. Just before independence, Henry, the head of the police department started the practice of taking
fingerprints. There were two persons under him (one of them was called Azim) who started
classifying such fingerprints and maintaining records of the same. This is known as Henry’s
model.
3. Previously, there were only 3 divisions in an FSL, namely- physics, chemistry and biology. Now,
it comprises of the following divisions-
(a) Serology
(b) Ballistics
(c) Documents
(d) Finger-printing
(e) DNA Profiling
(f) Toxicology
(g) Prohibition (to detect the percentage of alcohol)
(h) Narcotics

4. Sometimes certain Central Departments as well as State Governments have their own institutions
for examination of documents, generally as part of their respective Forensic Science Laboratories.
5. Similarly, the BPRD has three such institutions called the GEQD.
6. The oldest was started in 1906 and was located in Simla. Now, it has been shifted to Chandigarh.
7. The other two are in Kolkata and Hyderabad.
8. Most states also have mobile FSLs, which vary in number and administrative control, across
states.
9. They primarily help the police at the crime scene, to locate, collect and preserve evidence.
10. They also help in providing facilities for photographing the scene and the evidence.
11. They help in collection of samples for comparison as well as providing leads as regards the
investigation.
12. Some police departments also have a scientific division (Scientific CID Sections) which help
them in matters such as technical photography, scientific surveillance and investigation and other
technical needs.
13. Police departments also have a computer division.

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14. As the fate of the accused person is largely dependent on the results given by the FSL, the
following steps must be taken to ensure that the facility does not give a wrong result either
intentionally or negligently or otherwise-
(a) Accredition of the FSL as well as the experts
(b) Quality assurance of the processes, tools and output
(c) Standardisation of tools, techniques and basic data
(d) Automation- so as to prevent human error

15. All major states in India have a finger print bureau.

16. The Centre also has such a bureau/department under the NCRB. It has fingerprint records in a
digitised and computerised form, which may be utilised by any police force in India.
17. It performs the following functions-
(a) Collect, classify and store records
(b) Eliminate the record of a dead person
(c) Search and locate the finger print of a person in its records
(d) Compare finger prints
(e) Visit the scene of crime and collect, locate and finally compare the finger prints found
(f) Give evidence in court whenever required

18. The FSL comprises of the following persons (in hierarchy)-

(a) Director (Head of the FSL)
(b) Additional Director (Administration)
(c) Joint Director (Administration)
(d) Deputy Director (Head of the Department)
(e) Assistant Director
(f) Senior and Junior Scientific Assistants
(g) Laboratory Assistants
(h) Laboratory Attendants

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Unit II Identification- A Medico-legal perspective

2.1. Skeletal system of humans, skeletal remains identity, superimposition technique

The human skeleton consists of the axial skeleton which consists of the bones of the head, the neck and
the trunk and the appendicular skeleton which consists of the bones of the limbs.

Skull-

1. The head consists of the skull which has a large cavity called the cranial cavity into which the
brain fits.
2. Below the forehead, there are two large depressions in the skull, called the right and left orbits
into which the eyes fit.
3. The region of the forehead is called the frontal bone.
4. The region at the back of the head is called the occipital bone.
5. The region at the top of the skull and its side walls is called the parietal bone.
6. The region at the temple, just above the ears is called the temporal bone.
7. The bone of the upper jaw is called maxilla and the bone of the lower jaw is called mandible.
8. The bone of the cheek is called the zygomatic bone.

The vertebral column or the back-bone

1. The vertebral column is made up of a large number of irregular shaped bones called vertebrae.
2. There are a total of 33 vertebrae.
3. The vertebrae in the neck are called cervical vertebrae. These are 7 in number.
4. The vertebrae of the thorax are called thoracic vertebrae and these are 12 in number.
5. The vertebrae lower down, forming the posterior wall of the abdomen are called the lumbar
vertebrae. These are 5 in number.
6. The vertebrae at the end of the vertebral column are called sacrum. This consists of 5 sacral bones
and a small bone called the coccyx towards the end which is made up of 4 rudimentary vertebrae.
7. There are a total of 26 bones in the vertebral column, taking the sacral bone and the coccyx as
single bones.

Skeleton of the thorax

This consists of the rib cage, a bony cage like structure which protects the heart, lungs and certain other
organs. Towards the centre of the thorax is the sternum or the breast bone. It lies in the anterior wall of
the thorax.

Skeleton of the upper limbs

1. The upper limb consists of the shoulder girdle which is known as the pectoral girdle. It consists of
the clavicle or the collar bone (a rod like bone) and the scapula which is a triangular bone.
2. Then there is the shoulder joint which joins the upper part of the arm to the shoulder.
3. The arms consist of a single bone called the humerus.
4. The elbow joint which is at the elbow joins the arm to the forearm.

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 5. The forearm comprises of two bones, the radius, which is a bone towards the thumb and the ulna,
which is a bone toward the little finger.
6. At the wrist, the wrist joint joins the lower part of the radius and ulna to the bones of the wrist.
7. There are eight, roughly cuboidal bones in the wrist known as the carpal bones.
8. There are five rod like bones of the palm called the metacarpal bones.
9. The bones of the fingers/digits are called phalanges. These are proximal (closest to the palm),
middle and distal (farthest away from the palm).
10. The thumb consists only of the proximal and distal phalanges.

Skeleton of the lower limbs

1. This consists of the bones of the pelvic girdle and those of the free limb.
2. The pelvic girdle has the hip bone on either side, which is made up of 3 bones fused together, the
Ilium, Pubis and Ischium.
3. At the hip, there is a hip joint which joins the hip to the legs.
4. The thighs consist of a single bone called the femur. This is the largest bone in the human body.
5. At the knee bone, there is a knee joint.
6. In the lower part of the leg, there are 2 bones, the tibia and the fibula. The tibia is the medial of
the two. It is towards the front. The fibula is the one which is outwards or backwards.
7. The tarsal bones are present on the posterior part of the foot at the ankle. These are 7 in number.
8. There are 5 metatarsal bones towards the anterior part.
9. The calcaneous form the heel.
10. There are phalanges in the toe, the proximal, middle and distal.
11. There are only 2 phalanges in the two-the proximal and the distal.

The medico-legal significance-

1. The structure of certain bones such as those of the hands and feet, the jaws and the skull are
characteristic to humans. Thus, if such bones are found, the source may be found and human
bones may be differentiated from animal bones.
2. There is no problem where the number of bones is more. The problem arises even when there is a
single old bone which creates a problem. Then, there may be difficulty in establishing the source.
3. In case of new bones, they contain certain organic matter which gives a precipitin reaction with
human antisera and thus helps in establishing the source. This may be done through DNA
profiling.
4. Further, where there a number of bones, the number of victims may be identified as a particular
person can only have a particular set of bones and there can’t be any duplication.
5. Certain bones such as the vertebrae and the mandible are characteristic of the human body and
resist decay, action of fire and chemicals.
6. There is also one coccyx in the human body. Thus, the presence of such bones can help establish
the number of victims.
7. The age of a victim may be established by way of examining the teeth, ossification of bones and
rarefaction of bones.
8. While examining the teeth, the wear of the cement of the teeth, the transparency of the teeth, the
roots, closing and resorption of teeth are important factors.
9. As regards ossification, it takes place from the young age till adulthood. Thereafter, there is no
ossification. Hence, it helps in determination of a person’s age.
10. As regards rarefaction, it takes place in the old age.
11. Further, the size, structure, strength and composition of bones and materials of certain bones
particularly the fingers and toes helps in determination of the age of the victim.
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 12. The sex of the deceased is difficult to determine if only a few bones are available.
13. The pelvic bone, breast bone, skull and spinal cord play an important role in determining the sex
of a person.
14. The ratio of the width of the shoulder and the hip is more than 1 in males and less than 1 in
females.
15. Further, the bones of females are smoother and weaker.
16. The height of the person may be determined by multiplying the length of the bone with the
suitable multiplying factor.
17. The multiplying factor in the following cases is as follows-
(a) Humerus- 5.2
(b) Radius- 6.5
(c) Ulna- 6
(d) Femur- 3.7
(e) Tibia- 4.3
(f) Fibula- 4.4

18. Though the multiplying factor may vary from males, females, children and
across different sections of the population, these factors would give a rough estimate of height in
most cases.
19. Cremation is common not only among Hindus but also among other people
across the world. The burning of bones destroys substantial evidence.
20. However, certain bones such as those of the teeth can withstand fire and thus
help in identification of a person and finding out his age.
21. But, most times, the bones after being burnt become brittle and get reduced to
ash. The organic matter in bones is lost. The ash helps in determining that the bones have been
burnt. However, it is difficult to differentiate in such cases as to whether the bones are that of an
animal or a human being.

2.2. Classification, forms, medico-legal aspects of injuries, burns (ballistics, explosives,

lightning, electricity)

Injuries may be classified on the basis of its causes as follows-

1. Mechanical injuries- These are injuries caused by external forces or causes. They may either be in
the form of blunt force trauma, wherein a blunt object is used or sharp force trauma wherein a
sharp object is used. It may also include firearm wounds.
2. Thermal injuries- These are injuries caused due to the application of heat or cold.
3. Chemical injuries- These are caused by chemicals which may have local, general or systemic
application and effects.
4. Miscellaneous- These include injuries caused due to electrocution, radiation, lightening, etc.

Mechanical Injuries-

1. Mechanical injuries are caused due to some sort of external force.

2. They may be classified as follows-
(a) Abrasions
(b) Bruises or contusions
(c) Incised wounds
(d) Stab wounds
(e) Chop wounds
(f) Lacerations
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3. Abrasions are caused by friction or sliding and have an effect on the superficial layer of the skin.
4. They are further classified as follows-
(a) Scratch or linear abrasion- It is caused by a sharp or pointed object.
(b) Slide or graze abrasion- It is when the broader surface of the skin is affected.
(c) Pressure abrasion- This is when a sinking abrasion is caused due to hanging or strangulation.
(d) Patterned abrasion- This is caused when anything causing a pattern while injuring a person.

5. Bruises or contusions are caused due to blunt force trauma. Herein, there is injury to the blood
capillaries due to which the blood is released inside the body.
6. An incised wound is caused due to a sharp edged weapon. The length of the wound on the skin is
more than its depth.
7. It may either be caused due to a light sharp cutting weapon such as a knife, scissors, etc. or a
heavy sharp cutting weapon such as a sword.
8. An incised wound is broader than the edge of the weapon which causes it. This is because of the
retraction of the divided tissues.
9. The gaping is greater when deep wounds are caused and muscle fibres are cut obliquely and
transversely.
10. Its edges are smooth, clean cut and well-defined.
11. While examining an incised wound, it becomes important to check its direction.
12. An incised wound is deeper and then gradually becomes shallower and tails off towards the end.
The tailing off shows the direction in which the weapon was drawn off.
13. It may cause haemorrhage. Further, as these wounds are clean cut, they lead to greater bleeding of
blood vessels and thus may even cause death, particularly when a main artery gets cut.
14. Stab wounds or punctured wounds are commonly known as stab and are termed as penetrating
wounds.
15. They pass through the tissues and enter a cavity of the body such as the thorax or abdomen.
16. They are caused by a long, piercing or stabbing instrument such as a pin, a needle, ice picks,
broken glass, iron rod, sword, etc.
17. The depth of the wound is greater than its length on the skin.
18. These may be classified as penetrating wounds and perforating wounds.
19. Penetrating wounds are caused when the weapon pierces the body and enters a body cavity such
as the abdomen or the thorax.
20. A perforating wound is one which is caused when the weapon enters the body cavity from one
side and comes out from the other side of the body.
21. Chop wounds are caused by a blow from the sharp cutting edge of a weapon such as an axe. It
affects the bones of the body as well.
22. The dimensions of the wound correspond to the cross section of the blade that is used.
23. It has sharp margins and there is slight bruising or abrasions. There is a marked destruction of
underlying tissues.
24. Lacerations involve blunt force trauma. It occurs on the tissue.
25. It is when the skin is compressed between two solid objects leading to tearing or cutting of the
skin. There are certain flaps with bruises around these wounds which do not have even edges.
26. It may be classified as follows-
(a) Cut lacerations
(b) Avulsions
(c) Split lacerations
(d) Stretch lacerations
(e) Tears

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 27. Cut lacerations are caused by a heavy or moderately heavy not so sharp object. It generally
happens in case of a sharp object which becomes blunt over a period of time.
28. The underlying tissues are penetrated and it affects the underlying bones as well.
29. Avulsion generally takes place where there is grinding compression of the tissues to such an
extent that the skin is separated from the underlying structures and the muscles get crushed.
30. It is caused due to a more or less horizontal crushing impact as happens in case of a bus or lorry
running over.
31. Split lacerations are usually found in parts overlaying the bones which do not have many tissues
in between such as the scalp, the face and the lower legs.
32. It is caused due to crushing between two hard objects due to which the skin splits and sometimes
even incised wounds are seen.
33. When they are examined carefully with a hand lens, the irregular, uneven and ragged margins
may be seen.
34. Stretch laceration is generally caused by a blunt tangential impact when the skin gets stretched
too much and it finally splits. Thereafter, it produces a flap of skin. An example of the same may
be injuries caused by the running over of a motor vehicle.
35. A tear is produced by the impact of irregular or hard objects such as a door knob or a broken
glass. It is deeper at the starting point than at the end.

Thermal Injuries-Burns and scalds

1. Burns are injuries which are caused due to the application of dry heat through a flame, radiation,
a hot solid substance or a hot surface, etc.
2. Scalds on the other hand are injuries caused due to the application of moist heat.
3. Sometimes injuries caused due to application of a corrosive substance to the surface of the body
as in the case of chemicals may also be characterised as burns for medico legal purposes.
4. Burns may also be caused due to powerful electric discharges.
5. Burns may be classified into the following on the basis of the source of heat-
(a) Contact burns- These are caused due to physical contact with a hot object or substance.
(b) Radiant heat burns- These are caused due to exposure of the body to radiant heat which is a
form of electromagnetic wave. There is no direct contact of the body with the source of heat.
(c) Flame burns- These are caused due to the action of flames. It leads to charring and scorching
of the skin.
(d) Chemical burns- These are caused due to the action of chemical substances.
(e) Microwave burns- These are caused due to microwave radiation.

6. Burns have also been classified into 6 degree by Dupuytren depending on their severity.
However, they were later modified by Wilson who further divided these into 3 groups.
7. The epidermal burns consist of the first degree and second degree burns.
8. The first degree burns are characterised by erythema or simple redness and oedema or swelling.
9. The oedema involves superficial inflammation which disappears without scars.
10. The second degree burns are characterised by acute inflammation and blisters.
11. The skin is blackened and the hair is singed.
12. However, it heals without leaving any scars.
13. Thereafter, there are dermo-epidermal burns comprising of third degree and fourth degree burns.
14. In third degree burns, there is destruction of the cuticle and the actual skin.
15. As the nerve endings get affected, it is very painful.
16. It leaves a scar after healing which shows no contraction.
17. Fourth degree burns result in destruction of the skin, leaving an ulcerated surface on it.

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18. The injury heals slowly and leaves behind a scar of dense fibrous tissue which shows contraction.
The affected area is deformed.
19. There is no pain as the nerve endings are destroyed.
20. Deep burns comprise fifth degree and sixth degree burns.
21. Fifth degree burns involve deep fascia and muscles. It results in scarring and deformity.
22. In sixth degree burns, whole limbs including bones are burnt.
23. Burns may also be classified as minor, moderate and critical burns.
24. Minor burns involve first degree burns, secondary burns where less than 15% of the body surface
is affected and third degree burns involving less than 2% body surface.
25. Moderate burns involve secondary burns where 15%-30% of the body surface is affected and
third degree burns involving less than 10% body surface, except the face, hands, feet and
genitalia.
26. Critical burns involve secondary burns where more than 30% of the surface of the body is
affected and third degree burns where more than 10% of the body surface is affected. It affects
the face, hands, feet and genitalia as well.
27. For medico-legal and clinical purposes, burns have further been characterised as superficial and
deep burns.
28. Superficial burns are wherein the skin gets burnt and the nerves are intact. The pain remains
intact as well.
29. Deep burns are where the full thickness of the skin as well as underlying structures are burnt.
30. The factors which influence the severity of burns are the temperature of the source, the mode of
transmission of heat and the duration for which the body is in contact with the source.
31. The temperature of the source and the duration of contact are most important in determining the
severity of the burns.
32. Burns are assessed primarily on the extent and depth of tissue damage.
33. For this very purpose, the rule of nine is taken into consideration, wherein a specific percentage is
assigned to every body part.
34. 9% each is assigned to the head and neck, the front of the chest, the back of the chest, the front of
the abdomen, the back of the abdomen, the right upper limb, the left upper limb, the front of the
right lower limb, the back of the right lower limb, the front of the left lower limb and the back of
the left lower limb.
35. The genitals are assigned 1%.
36. Thus, the total comes up to 100%. The severity of the burn shall be assessed by calculating the
area of the body which is burnt by way of its percentage.
37. This rule is strictly not applicable to infants and children.
38. In children aged one year, the head and neck are assigned 18% and in children aged 5 years, they
are assigned 13%.

Effects of burns and scalds-

1. The first effect of burns is that it causes immense pain. This may even lead to shock.
2. As there is loss of skin surface, there is loss of body fluids, leading to dehydration.
3. The body fluids are lost both externally and internally in the body cavities due to damage to the
blood capillaries.
4. The fluid electrolyte balance in the body is disturbed and this leads to loss in the volume of blood
circulation.
5. This is because the blood becomes more concentrated and thus its circulation particularly through
vital organs is reduced and sluggish.
6. Burns also destroy the barrier of the skin and thus the body may be infected by micro-organisms.
7. Extensive burns may even lead to suppression of the immune system.
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8. The entry of micro organisms not only hampers recovery but also affects the prognosis.
9. A person may be exposed to such infection by his own environment or by that of the hospital.
10. Scalds, as seen earlier are caused due to the action of moist heat such as those caused by hot
water or hot chemical agents or hot molten metals at high temperatures.
11. There is erythema or blisters on the skin.
12. A sharp demarcating line delineates the extent of area of contact.

Causes of death in burns-

1. In case of burns, death may be caused due to various factors depending on the extent and severity
of burns, the presence of any infection, quality of asepsis management, etc.
2. Some of the various causes of death due to burns are as follows-
(a) Shock
(b) Suffocation
(c) Gaseous poisoning
(d) Accidents
(e) Systemic causes

3. Immense pain due to burns may lead to neurogenic shock, resulting in death.
4. Sometimes, there may even be toxic shock due to release of toxins by virtue of cellular
destruction or infection.
5. A person may even die of suffocation wherein because of burns harmful gases such as Carbon
monoxide and smoke may be produced. These are products of combustion and lead to anoxia
(lack of supply of oxygen).
6. There may even be gaseous poisoning when a synthetic material is either completely or partially
burnt.
7. Such gases include nitrogen, ammonia, Hydrogen cyanide, Hydrogen sulphide and certain oxides
of sulphur.
8. Accidents may even be caused when a person is trying to escape a burning place.
9. Further, there may also be systemic causes (causes at a later stage) leading to the death of a
person even though he may have escaped death due to burns initially.
10. In such cases, persons may develop renal failure, sepsis, biochemical disturbances, stress ulcers in
the stomach and intestine, gangrene, tetanus, septicaemia, etc.
11. Sometimes even electrolyte disturbances in the body may lead to death due to cardiac arrest.

Post mortem findings in case of death due to burns-

1. There are changes in the general appearances of the body.

2. As the burnt body presents unique features, it is difficult to estimate the post mortem interval.
3. Rigor mortis (stiffness caused after death) is difficult to appreciate due to stiffening of the body
due to burns.
4. Post mortem lividity (discolouration of skin) is also difficult to detect due to blackening or
charring of the skin.
5. Further, it is difficult to detect injuries on the body such as abrasions, contusions, etc.
6. As the pattern of post mortem changes is different in case of burns, the body of the deceased must
be examined very carefully and thoroughly.
7. Where the body is exposed to heat for a considerable amount of time, it assumes a particular
position which is also known as fugilistic attitude.
8. This is because the body develops the attitude of a boxer or fugilist.
9. The legs are flexed at the hip and the knee and the arms are flexed at the elbow and the wrist.
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 10. It may occur in anti mortem burns or post mortem burns where decomposition has not taken place
and thus the muscle fibres haven’t been loosened.
11. It occurs because the proteins in muscles coagulate due to the action of heat causing rigidity of
muscles and shortening of the muscle fibres.

Note: Ballistics have also been discussed under the topic relating to fire arms

2.3. Medico-legal aspects of death, post-mortem examination

1. Death means the irreversible cessation of life. It has been categorised as somatic and molecular
death.
2. Somatic death is where there is disappearance of all kinds of sensibility and movement and all the
vital organs of the body (heart, brain and lungs primarily) stop functioning.
3. There are essentially 3 vital organs of the body, the brain, the heart and the lungs. When the brain
stops working, the person slips into a state of coma. When the heart stops functioning, it is called
syncope and when the lungs stop functioning, it is called asphyxia.
4. Anoxia is when there is lack of supply of oxygen to the body.
5. Jordan classified death due to anoxia into the following-
(a) Defective oxygenation of blood in the lungs- which may be caused due to obstruction to
passage of air in the air tract, external pressure on the chest or abdominal walls, primary
cessation of respiratory movements, etc.
(b) Reduced oxygen carrying capacity of the blood
(c) Reduction in the oxidative processes of tissues
(d) Reduction in supply of oxygenated blood to tissues

6. Molecular death on the other hand refers to the death of various tissues and cells in the body. It
happens about 3-4 hours after somatic death, depending on the level of oxygen required by each
tissue to survive.
7. These days however due to various techniques, the vital organs of a person may be kept alive.
But, a medical dilemma occurs where the cells of the brain stem die and the organs are still alive.
This is called brain stem death and is important from the perspective of transplantation of organs.
This has now been legalised by the Transplantation of Organs Act, 1994.
8. The brain stem is also very sensitive to anoxia or the oxygen supply to the body.
9. Under S.46 of the IPC, death is stated as being death of a human being, unless the contrary is
proved.
10. S.2 (b) of the Registration of Births and Deaths Act, 1969 defines death as the permanent
disappearance of all evidence of life, after live birth has taken place.
11. Now, due to this Act coming into force, it is necessary for all births and deaths to be registered
after April 1, 1969.
12. Hence, once a person dies, a death certificate must be issued by the medical practitioner who last
examined him. In such certificate, he must state the cause of death as well.
13. Generally, internationally accepted standards are followed while preparing such certificate and
stating the cause of death. This has been given by the WHO.
14. The medical practitioner must state the conditions or disease due to which death has been caused
and also other conditions contributing to the death of a person which may not be related to the
deceased or the conditions causing death.
15. The Transplantation of Human Organs Bill was passed by the Parliament in June, 1994 and the
President gave his assent to it on July 8, 1994. It finally came into effect on February 04, 1995 by
way of a gazette notification.

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16. This Act regulates the removal, storage and transplantation of human organs and prevents
commercial dealings as regards such organs.
17. Transplantation refers to the grafting of organs from a live or dead person to another live person
for therapeutic purposes.
18. No transplantation of organs is allowed in case of brain stem death except where it is approved by
a body of medical experts.
19. The Act has the following features-
(a) It recognises cadaver transplantation
(b) It recognises brain stem death
(c) It prevents donation by unrelated live donor
(d) It allows live donors when they are related to the patient as in the case of immediate family
member
(e) It allows unrelated live donor when the same is done due to love and affection or for any other
reasons and is approved by the authorisation committee
(f) It allows the preservation of human organs for the purpose of transplantation
(g) It regulates hospitals where organs are stored and transplantation is carried out by constituting
the appropriate authority
(h) It punishes contravention of its provisions

20. The changes in the body after death may be classified as follows-
(a) Immediate Changes-
i. Cooling of body
ii. Changes in eyes
iii. Changes in the skin

(b) Early changes-

i. Cadaveric lividity
ii. Primary relaxation and Cadaveric Spasm in certain cases
iii. Rigor Mortis
iv. Secondary Relaxation

(c) Late changes- decomposition by way of putrefaction or adipocere or mummification

21. As regards the immediate changes in the body, there is cooling down of the body to a temperature
which is the same as the atmospheric temperature.
22. This happens because heat is produced due to body metabolism during a person’s life. When a
person dies, this metabolism ceases. Hence, due to conduction, convection and radiation, the
body acquires the temperature of the surrounding environment.
23. Generally, the body temperature stays static during the first one or two hours after death.
Thereafter, it falls by 1.5 degrees every hour. It finally reaches the temperature of the
environment within 20-30 hours.
24. There are also changes in the eye, wherein the eye loses its lustre. The corneal reflex is lost and
the cornea becomes opaque. There is pithing of the cornea on pressure. (couldn’t understand
handwriting in notes)
25. There are changes in the skin as blood flows out of the small blood vessels. Thus, the skin has a
pale or ashy-white colour. It also loses its elasticity. Thus, when incised wounds are made on the
skin after death, the wounds will not gap (??- form gaps in the skin?)
26. Cadaveric lividity which is also known as post mortem lividity or hypostasis or suggilation is a
dark purple discolouration of skin which occurs after death. This is primarily because due to

13
 gravitational force and stoppage of circulation of blood, all the blood gets pooled in the veins and
capillary vents of the dependant parts of the body.
27. It happens within 3-6 hours of death, immediately after stoppage of circulation. It may even be
seen in persons dying of circulatory failure. It may however be pronounced very shortly after
death as well.
28. One of the main reasons for the pooling of the blood near the dependant body parts is because the
blood does not coagulate and thus due to gravitational force, goes to such parts.
29. In most corpses, within 30-60 minutes after death, all the blood present in the body becomes
incoagulable whether the death is due to natural or unnatural causes.
30. Sometimes when the body is in contact with the floor, the convex parts of the body may even get
flattened.
31. Its medico-legal significance lies in its distribution and colour. However, lividity being variable is
not a good indicator of the time of death.
32. Thereafter, there is primary relaxation of the body or in certain cases; there may even be a
Cadaveric spasm.
33. Cadaveric spasm or instantaneous rigor occurs in certain cases of violent deaths, showing
circumstances involving intense emotion.
34. It is the stiffening of the muscles of the body at the moment of death till the time of rigor mortis.
35. It is important from a medico-legal perspective as it records the last act of life.
36. It generally occurs in groups of muscles such as the muscles of the forearm, etc. However, a
conclusion about Cadaveric spasm can be drawn only where a lot of force is required to break the
grip of a person.
37. It is seen in certain suicidal deaths due to firearms, incised wounds, stab wounds, etc. where the
gripping of the weapon could indicate self-infliction of harm.
38. Such positions/grip cannot be replicated after death by placing a weapon in a person’s hands.
39. Even in cases of drowning, where a person is seen clutching on to grasses and weeds, Cadaveric
spasm is seen. Here, this would go on to show that the person was alive while entering the water.
40. Similarly, in case of death on mountainous regions, a person may be seen clutching on to
branches, shrubs, etc.
41. Even in cases of homicide, a person may hold on to the clothing of the assailant (fibres in hands)
or his hair.
42. Rigor mortis which is also known as cadaveric rigidity or death stiffening takes place when the
muscles of the body lose their ability to expand and contract.
43. The muscles in a human body consist of several filaments which contain two proteins known as
actin and myosin. During the lifetime of a person, there is production of an enzyme known as
Adenosine Triphosphate (ATP), which brings about a chemical reaction, by way of which, the
muscles of the body expand and contract.
44. When a person dies, as such ATP is not re-synthesised and there is a fall in its concentration, the
actin and myosin proteins fuse together forming a very rigid compound known as actomyosin.
This leads to stiffening of the muscles after death.
45. When a person has indulged in strenuous physical activity immediately before his death, rigor
will develop sooner in the muscles used for such activity.
46. Rigor first appears in the muscles of the face and the jaw and then spreads to the trunk and the
extremities of the body. It disappears in the same manner, starting first with the face and the jaw
and then the trunk and the extremities.
47. At room temperature, it first appears within 2-4 hours after death and is complete within 12-18
hours of death. It starts disappearing within 24-36 hours after death and has completely
disappeared within 48 hours after death.
48. Its medico-legal significance is that it helps in determination of the time of death.
49. Thereafter, there is secondary relaxation of the body which is followed by decomposition.
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50. Decomposition may either be by way of putrefaction or adipocere or mummification, depending
on the conditions of the atmosphere.
51. Putrefaction occurs in warm and moist climates.
52. It may occur due to the action of either enzymes or bacteria on the soft tissues of the body.
53. When putrefaction occurs due to action of enzymes, it is called autolysis and when it occurs due
to the action of bacteria, it is known as bacterial decomposition.
54. In case of bacterial decomposition, it occurs primarily due to the bacteria present in the bowel. It
is caused predominantly due to the action of bacteria called clostridium welchii. Any bacterial
infection prior to death will hasten the process of decomposition.
55. The first sign of putrefaction is a greenish discolouration of the walls of the abdomen.
56. It generally progresses internally, starting with the stomach and intestine and dissolves the body
tissues leading to formation of gases, changes in colour and liquification. There is also emanation
of a foul smell.
57. Due to formation of gases and liquids in the epidermal layers of the skin, blisters are formed on
the skin and there is slippage of the skin.
58. There is distortion of the original facial features of the deceased and thus identification by
witnesses becomes difficult.
59. Another type of decomposition is adipocere, also known as saponification.
60. It requires moisture to take place and warm, moist and anaerobic conditions are most conducive
for it.
61. It occurs due to hydrolysis of fats or fatty tissues in the body which leads to the formation of fatty
acids. As the substance formed is acidic, it inhibits bacteria and thus, there is no putrefaction.
62. It leads to the formation of a yellowish-white, greasy, wax-like substance with a sweatish, rancid
odour.
63. This substance floats on water and dissolves in hot alcohol and ether. When heated, it melts and
burns with a yellow flame.
64. Sometimes even the water content in the body is sufficient to bring about adipocere in corpses
buried in well-sealed coffins.
65. It ordinarily remains unchanged for years to come.
66. Mummification generally occurs in very hot and dry climates.
67. It is a characteristic desiccation of the body where the soft parts of the body shrivel up while the
body retains its general appearance and features.
68. The skin is dry and leathery and has a rusty brown colour.
69. The skeletonised features of the face are characteristic and help in identification of the deceased
as well as the cause of death.
70. The internal organs either completely disappear or blend forming a mass of dry, dark brown
substance. It is difficult to distinguish the organs.
71. It generally occurs in bodies buried in shallow graves in the hot and dry soils of Rajputana, Sind
and Baluchistan, where due to the hot winds in the summer, there is rapid evaporation of body
fluids.
72. It has been observed that in cases of death due to arsenic, chronic and antimony poisoning, there
is generally mummification of the dead body.
73. It may even be artificially induced by the process of embalming the body as was done by ancient
Egyptians.
74. Embalming these days is practised in medical colleges so as to preserve the body for dissections.
It is generally carried out by injecting substances such as Potassium carbonate, Lead sulphide,
formaline and spirit into the dead body.
75. Sometimes, it may even be done where bodies are being carried from one country to another.

15
Asphyxia-

1. The interference into the supply of oxygen to the tissues of lung leads to the situation called
asphyxia. Deaths from asphyxia include strangulation, suffocation, hanging and drowning.
2. Asphyxia is of 5 types:
(a) Mechanical: airways are blocked in unnatural fashion.
(b) Pathological: transfer of oxygen to lungs prevented by upper air passage or lung disease.
(c) Toxic: poisonous substances prevent uptake of oxygen.
(d) Environmental: insufficiency of oxygen in air.
(e) Iatrogenic: associated with anaesthesia.

Hanging:

1. Where body is suspended by the neck and the body weight acts as constricting force completely
(complete hanging) or partly (partial hanging).
2. Hanging is when body is completely suspended by ligature (runs from midline above thyroid
cartilage) whose knot is located in occipital region or at the back of the leg.
3. Mechanism of constricting of neck in hanging:
The effect of the constricting force causes obstruction of veins, arteries and the airway. There
might be injury to the vagus nerve, the spinal cord and cervical spine and base of the skull.
4. Ligature mark:
The mark is always present except when ligature was wide and soft and body remained
suspended for a short time. The mark is a pressure abrasion and depends on manner of ligature
application to the neck. The neck (situated on the larynx) is stretched and elongated while head is
inclined to the opposite side to the knot of the ligature.
The face is pale and placid, tongue is drawn in or caught between the teeth or protruded and
bitten. A sure sign of hanging is saliva found dripping as secretion of saliva does not happen after
death.

Strangulation:

1. It is a violent form of death from constricting of the neck by means of ligature or other means
without suspending the body. Strangulation is of 2 types:
(a) Manual: constriction is produced by pressure of palms and fingers.
(b) Mugging: constriction produced by pressure of throat, foot, knee or some other hard
substance.
2. Ligature mark:
It is defined and slightly depressed mark situated lower down in the neck. More than one firm
knot of ligature is certain of homicide. When fingers are used, marks of pressure by the thumb
(mostly found higher and thicker) and fingertips are found on the windpipe.
When fingertips are deeply pressed into soft tissue of the neck then linear or cresentic marks are
produced. Bruises and abrasions are found on the front and back of the neck when two hands are
used. Abrasions on other parts of body in case of struggle.
A bruise is found corresponding to the windpipe on the neck and one the nape of the neck in case
a stick or foot was used.
Mostly the eyes are open, prominent and dilated. Frothy blood escapes from the mouth and
nostrils, sometimes pure blood flows form mouth, nose and ears in cases of violence. The tongue
is swollen bruised and protruding and dark.

16
 HANGING STRANGULATION
Mostly suicidal Mostly homicide
Saliva Dripping out of the mouth No dripping of saliva
down to the chin and chest
Neck Stretched and elongated in No such stretching or
fresh bodies elongation
Bleeding Bleeding from the nose, mouth Bleeding from nose, mouth and
and ears is very rare ears may be found
Ligature mark Ligature mark is oblique, non Horizontal or transverse
continuous and placed high up continuously aroung the neck
in the neck between chin and low below the thyroid. The base
larynx. The base of the grove of the grove or furrow being
or furrow being hard and soft and reddish.
yellow.
Hyoid bone Hyoid bone fracture may occur Such fracture is uncommon
Thyroid cartilage Fracture is less common Fracture is more common

Suffocation:

1. It is exclusion of the entry of air into lungs or replacement of inspired air with non respirable or
toxic gas, by way other than compression of the neck.
2. Types of suffocation:
(a) Smothering or closure of mouth and nostrils:
When airflow is obstructed or breathing impeded, it is usually affected by pressure of soft
objects such as hands or a pillow over the mouth.
(b) Choking or obstruction of the air passages from within:
Mostly accidental and maybe due to presence of foreign bodies like food particles.
(c) Pressure on the chest (traumatic or crushed asphyxia):
Where there is a mechanical fixation of the chest sufficient to cause death. This happens
when chest gets violently trampled upon in a crowd, in a railway motor car or other
vehicular accidents and when earth, sand or debris falls.
(d) Inhalation of irrespirable gases:
Inhalation of gases such as carbon dioxide, carbon monoxide, hydrogen sulphide or
smoke from burning of house can produce suffocation.
(e) Gagging:
Where gag in the form of handkerchief or clothes are tied around the face or inserted in
the mouth gradually reducing air due to accumulation of saliva.
3. Signs of suffocation:
In cases of alleged suffocation by violence much depends on the presence or absence of signs
indicating the employment of violence such as would produce suffocation. If these are absent
then no positive opinion as to cause of death may be given from the post mortem examination as
then death may be due to disease or poisoning.

17
Drowning:

1. This is due to submersion of the mouth and nostrils under water or other fluid so that access of air
to the lungs is cut off and the fluid or water is drawn into the air passages.
2. Classification of drowning:
(a) Wet or primary drowning in which water is inhaled or enters into the lung followed by a
few minutes of severe chest pain.
(b) Dry drowning where death results from immediate sustained laryngeal spasm following
the entry of water into larynx. Mucus plug often found in trachea.
(c) Secondary drowning or post immersion syndrome where delayed death may occur after an
episode of immersion. In such cases there might be aspiration of foreign particles,
stomach contents, electrolyte disturbance, lung disease, brain damage or heart failure.
(d) Immersion syndrome- death might occur as a result of vagal inhibition due to sudden
immersion in cold water. Neurogeneric shock may also result from stimulation of nerve
endings over the skin in ear and nose. This may also result in cases where there is
accidental fall into water or where inexperienced divers strike the water surface with their
chest and abdomen
(e) Drowning may also be classified on the basis of the water body the person drowns in as
fresh water and sea water drowning. Fresh water drowning is where due to osmosis water
filled into the lungs is rapidly absorbed into the blood stream. In sea water drowning, due
to high levels of salinity in the water, body fluids are lost through the lungs.

Stages of drowning-

1. Where an individual in his complete senses falls into the water, he sinks to a depth proportionate
to the momentum obtained by him during the fall.
2. However, as the chest is filled with air which is the same volume as that of the water replaced by
the body but is lighter than the same volume of water, the body rises to the surface. This is due to
the effect of buoyancy.
3. When the person reaches the surface, violent respiratory efforts are made due to which some
water is inhaled due to which there is spasmodic cough and expulsion of air from the body.
4. As the specific gravity of the body increases, the body again sinks into the water.
5. Due to irregular movement of the limbs, the body rises again but it sinks again due to the same
process as explained earlier.
6. This happens several times till the body sinks to the bottom and consciousness is lost.
7. The lungs and air passages get filled with water and there are spasms in groups of muscles.
8. Due to such spasm, the person may clench weeds, mud, etc. that may come in his way.
9. Where death occurs in the presence of catching such weed, etc. the material retained shall be
clenched firmly by the deceased. This is a sign of anti mortem drowning.
10. After death, the body may remain still at one place till gases of decomposition get collected in a
sufficient quantity thereby making the body flow.
11. Rigor mortis may take place before the body reaches the surface.
12. A proof of drowning is diatoms found in organs such as the brain, liver or bone marrow from the
humerous or the femur.
13. Diatoms are microscopic algae with a silicaceous exo-skeleton found in water bodies.
14. However, the presence of diatoms is generally used as corroborative evidence.
15. They may even be used to identify the water body in which a person has drowned.

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Post Mortem Examination-

1. Post mortem is otherwise known as autopsy or necropsy. Autopsy means examination of tissues
removed from dead body whereas biopsy means examination of tissues removed from a living
body.
2. Types of autopsies:
(a) Pathological autopsy:
It is usually done to conclude the cause of death in a case due to some pathological
reason. It is not mandatory in India without the written consent from the next of kin.
(b) Medico-legal autopsy:
It is done in cases of death which are sudden, suspicious and unnatural. It is mandatory
and requires no consent.
(c) Anatomical autopsy:
It is done by medical students on embalmed or preserved bodies to enhance their medical
knowledge.
3. Post Mortem examination or autopsy in a medico legal case is an important duty and
responsibility of a medical officer. Without a detailed post mortem examination, no investigation
of death can be considered complete and satisfactory.
4. The objects of medico-legal autopsy include:
(a) To determine the identity of a person;
(b) To determine the cause of death, whether natural or unnatural and if unnatural whether
suicide, homicide or accident. If homicide, whether any trace of evidence.
5. Extent of medico-legal autopsy:
A complete autopsy involves examination of all three body cavities (cranial, abdominal and
thorax). However, the law has not specified the minimum permissible or acceptable extent of an
autopsy as long as the objectives of the examination are made. The following suggestions have
been made:
(a) The examination might not be continued further where the cause of death can be
established by opening any single body cavity.
(b) Where from the known facts of the case, it is clear that there exists no reason to suspect
foul play then a mere external examination may be all required.
The examiner should be satisfied that there is no shadow of doubt about the facts of the
case as communicated to him and then should inform the police that he is satisfied that
there is no foul play and ask authorities to hand over the body to the relatives.
(c) When the body is found in highly decomposed state in water that it is obvious nothing
will be learnt from dissection then there is no point of an internal examination.
If there is a fatal wound bleeding to one of the cavities, it should be opened first so that
examiner has opportunity to inspect the contents before the blood can drain away.
The spinal cord need not be examined except in cases where there is suspicious injury to the
vertebral column or alleged cause of death is due to spinal poison (naxnomica) or some other
disease like tetulus. In these cases, it should be examined last of all.
In gunshot injuries and suspected fractures of thyroid, hyoid bone, the x-ray examination of
concerned area is preferred before autopsy is started. The autopsy agent should have full report of
case and history of the person.
19
6. Internal examination:
(a) Head:
An internal examination begins with the dissection of the head when:
i. Injuries on the head;
ii. When the history or external appearance point to some condition indicating the
brain as the cause of death;
Otherwise carried out after the survey of the abdominal organs. A transverse incision
across the vertex should be made from ear to ear over the vertex and reflect the scalp. One
flap forward and one backwards should be made.
The inner surface of the scalp should be examined for extra vacation of blood and the
skull bones should be examined for evidence of any fracture.
(b) Thorax and abdomen:
Before examination of the thorax, both cavities (thorax and abdomen) should be opened
by a longitudinal incision above the middle of the sternum to the pubic bone, keeping
wide away from any wounds existing in the line.
The abdominal cavity should be examined first (ribs and sternum) for any fractures then
the chest cavity (thorax) should be opened by dividing the ribs and their cartilages.
The heart and lungs should be removed from the cavity and examined for any evidence of
disease. In case of poisoning, examination of stomach and intestines is carried out and
preservation of viscera and other articles is done.
In fatal cases of suspected poisoning the material should be preserved for chemical
analysis in clean wide mouth white glass bottles fitted with glass toppers and 1 litre
capacity. Material that should ordinarily be preserved includes:
(i) Stomach, its contents and any suspicious substance found inside the stomach
should be preserved in a separate phial;
(ii) Small intestine and full contents;
(iii) Liver, spleen, kidney and brain;
(iv) Blood, vomit and in case of heavy metal poisoning nails and scalp hair.
(c) Uterus and vagina:
In suspected use of abort facial drugs, bits of skin with some cutanius tissues in suspected
cases of injected poisoning and spinal cord in case of strictining poisoning.
7. The objects of post mortem examination are:
(a) To determine whether the death was due to natural or unnatural cause;
(b) In cases of unnatural death to collect information provided by the body that may be useful
in fixing responsibility for the death.
8. Cause of death:
After completion of post mortem examination the medical officer should form an opinion as to
the cause of and manner of death based on appearances observed by him and should immediately
give in the vernacular the abstract of the opinion to the police officer accompanying the body for
communicating to investigating officer.
If along with the post mortem examination the report is based on police statement then the same
should be mentioned. The report should be concise, clear and as complete as possible and
forwarded to the superintendent of police at the earliest.
20
 9. Negative autopsy: An autopsy is considered negative or obscure when all efforts including cross
and microscopic studies and toxicology analysis fail to reveal a cause of death.

Forensic Dentistry:
1. Also known as forensic odontology and is the area of dentistry concerned with the proper
handling, examination and evaluation of dental evidence, which will be then presented in the
interest of justice.
2. The evidence that may be derived from the teeth is-
(a) Age in children;
(b) Identification of person to whom the teeth belong.

2.4. Hair and Body Fluids

Hair-

1. Hair is very important from a forensic point of view. This is because in violent crimes, hairs may
get detached from the scalp or other body parts and be transferred from one person to another.
2. Hair is very resistant to decomposition.
3. It is found on the limbs of human beings and animals.
4. Characteristics of human hair important for the purpose of forensics are the colour, structure and
treatment.
5. Animal hair is characterised by the colour, medulla, shaft and the scales present.
6. The colour of the hair is examined on the basis of pigment, transparency, surface and reflectivity.
7. For the purpose of examining the pigment, the cortex (explained in the points that follow) should
be examined at high magnification.
8. Hair consists of melanin, proteins (primarily keratin), cholesterol, uric acid, vitamins and other
organic materials.
9. They may also consist of lead, arsenic, iron and silicon.
10. In fact, lead and arsenic poisoning can be detected where the hair contains large amounts of the
same.
11. Each hair grows out of a specialised organ called a hair follicle. It grows upto a certain extent and
then falls off. It may or may not be replaced by new hair.
12. Hair consists of a bundle of fibrils each consisting of a protein called keratin.
13. Further, it also consists of certain granules present in its cortex and in the medullary material of
its medulla.
14. The outer structure of the hair consists of the bulb or the root end (the one embedded in the hair
follicle), the tip end (the one which is away from the follicle and can be seen) and the shaft (that
which connects both the ends).
15. The inner structure of the hair consists of the medulla (central part), the cortex (middle part
surrounding the medulla) and the cuticle (outer part).
16. The medulla begins more or less at the root of the hair. It may be continuous, as in the case of
animals or fragmented, as in the case of human beings.
17. It is the innermost core, consisting mostly of keratinised cells.
18. The cortex is a hollow cylinder consisting of fine fibres of protein and pigment material.
19. It is the larger, intermediate layer consisting of elongated, non-nucleated cells.

21
20. The cuticle in the human hair consists of thin scales which are usually laid one on top of the
other. In case of animals, these scales are protruding. While, they are more or less flattened and
serrated in the case of human beings.
21. The cuticle is non-pigmented and circular.
22. Hairs may be found on combs, clothes, brushes, beds, carpets, furniture, etc.
23. In case of crimes involving struggle, some hair of the assailant may be found in the hands or nails
of the victim.
24. In case of rape and other sexual crimes, pubic hair alongwith semen may be found on the genitals
of the victim and the assailant.
25. Hair alongwith blood may also be found on the weapon used.
26. In case of hit and run cases, hair of the victim may be found on the broken glass or other parts of
the vehicle.
27. Hair found in different places around the crime scene must not be mixed.
28. Hair and other fibres found may be picked up by a vacuum cleaner and placed on paper or in a
cellophane envelope. It must be kept free from moisture and other foreign material.
29. It may be collected even before the witness.
30. In order to compare with the questioned hair, sample hair must be collected from the scalp, beard,
pubic region and other body parts of the person as is suspected to have been the source of the
questioned hair.
31. Hairs collected from different body parts must be kept separately and labelled properly.
32. Analysis of hair is possible only by way of DNA profiling where the roots are available or by
mitochondrial protein analysis. Else, it is difficult to say that a particular strand(s) of hair belongs
to a particular person.
33. The hair may be examined visually and microscopically.
34. First, all physical factors such as density, refractive index, etc. must be taken into consideration.
35. The Neutron Activation Analysis (explained in the chapter on poisons) may be used to detect the
presence of any metals in the hair.
36. The female body consists of an inactive X chromosome known as the Barr body. This may be
used to find out the gender of the individual whose hair it is.
37. Cut tips which have been freshly cut, frayed, split, etc. may be significant. The angle in such
cases is very important.
38. Further, the shape of the root may be examined to show how the hair was removed. Any
abnormalities found may be of great importance.

Blood-

1. Blood is a red coloured liquid which flows through the body. It is technically a tissue.
2. It consists of a fluid part known as the blood plasma which consists of proteins and enzymes.
3. It also consists of a cellular part which consists of the red blood cells or erythrocytes (RBCs),
white blood cells or leucocytes (WBCs) and blood platelets or thrombocytes. The blood cells are
all produced in the bone marrow.
4. The cellular structures are suspended in the plasma.
5. The RBCs carry oxygen and lend the blood its red colour.
6. The WBCs are important for the purpose of the defence mechanism of the body.
7. The blood platelets help in coagulation of blood whenever there is an injury to a blood vessel.
8. The various components of blood help in differentiating the blood of humans from animals as
well as that of human beings inter-se.
9. The distribution and amount of blood at the crime scene helps in identifying whether the case is
one of suicide or homicide and whether the person struggled or moved after his injury.

22
10. As soon as there is an injury, fibrin starts accumulating around the injured area. This is the
beginning of the process of coagulation.
11. When blood at a crime scene is being analysed, the existence of fibrin must be looked into to
determine whether the blood found was from a living body or a dead body.
12. Further, physical characteristics of the spots of blood may also be studied for this purpose.
13. Coagulation of blood is important so as to prevent any loss of blood and haemorrhage.
14. When a blood vessel is injured, a protein called prothrombin in the plasma is converted to
thrombin in the presence of thromboplastin and calcium ions.
15. There is a soluble protein in the blood called fibrinogen.
16. The fibrinogen is converted to fibrin, which is an insoluble protein, in the presence of thrombin.
17. Thereafter, the fibrin forms a mesh like structure around the place where the blood vessel has
been injured.
18. This structure contracts further so that the ruptured vessel is compressed and bleeding is stopped.
19. The following must be analysed when blood stains are being examined-
(a) Identification of blood in the sample found
(b) Pattern of the blood stains
(c) Identification of the source or origin of the blood- whether human blood or not
(d) Identification of the blood type or blood group
(e) Direction of the stains- This is very important when examined on the clothes of the victim,
floor, furniture, etc.

20. Blood samples may be taken from any person under S.3 of the Code of Criminal Procedure and
this shall not be violative of the fundamental right against self-incrimination under Article 20(3).
21. In an analysis of blood, it must be established beyond doubt that the stains obtained are infact that
of blood as well as the origin and the blood type.
22. The presence of blood may be preliminarily carried out by the catalytic test which is based on the
principle that when peroxidase mediated oxidation takes place in the presence of haemoglobin
(the component of the RBC which carries oxygen, it is a protein that contains iron) as a catalyst, a
colourless compound assumes a particular colour.
23. When the benzedine test is carried out, benzedine and hydrogen peroxide are used and the
compound assumes a blue colour.
24. In case of the phenolphthalein test, the compound assumes a pink colour.
25. Thus, these tests are used to detect the presence or absence of blood.
26. The Immunological test or Precipitin test is used to differentiate between human and animal
blood by analysing the antigen-antibody precipitin reaction.
27. Once the blood is ascertained to be that of a human, the blood must be individualised or blood
grouping must be found.

Other body fluids-

1. Other body fluids which are of great importance to forensic science are as follows-
(a) Saliva- This may be found on handkerchiefs, discarded cigarette butts, spit, etc. The saliva
contains an enzyme called ptyline and certain secretors and other components which are
specific to certain blood groups. Thus, the same may be examined. DNA profiling may also
be carried out.
(b) Urine- Ultra violet rays are generally used to locate urine as it contains urea. DNA profiling is
also possible.
(c) Sweat- It has more or less the same composition as that of saliva. Thus, various secretors may
be studied or DNA profiling may be carried out.
(d) Semen- Its detection is important in sexual offences
23
 (e) Nasal secretions- It has 3 similar compositions as that of saliva. It contains blood group
factors and DNA profiling may be carried out.
(f) Tears and human milk- In this, blood group secretors are present and DNA profiling may be
carried out.

2. The semen may be found on the clothes of the victim or in the vagina or anus.
3. The semen may either be in a liquid form or may be found in the form of stains and smears.
4. The semen consists of sperms which have a characteristic shape (consisting of a nucleated head, a
neck and a tail).
5. The presence of spermatozoa/sperms establishes the presence of semen.
6. Spermatozoa in fresh semen remain intact with head and tail. With the passage of time, they start
disintegrating. The tail separates from the head.
7. The spermatozoa remain motile only for a few hours after that in normal conditions.
8. In humid and warm climate, the spermatozoa get destroyed within a short period of time.
9. However, they stay alive when they are frozen.
10. In a cool and dry climate, spermatozoa may be found intact even after several months.
11. The semen consists of several organic as well as inorganic substances such as protein including
enzymes, blood group factors, zinc, uric acid, fructose, etc.
12. The composition of semen varies from individual to individual.
13. The concentration of enzyme acid phosphatase in semen is much more than any other body fluid.
Thus, the detection of the same leads to the conclusion of presence of the semen.
14. Seminal stains are tested by way of preliminary tests and the precipitin test.
15. The preliminary tests are used to detect semen stains usually found on clothes. These are stiff and
starchy in nature.
16. These tests include the phosphatase test and the ultraviolet light test.
17. However, both these tests must be confirmed by microscopic examination and detection of
spermatozoa.
18. The precipitin test is a confirmatory test.
19. The acid phosphatase enzyme present in the semen separates phosphate from various compounds
in the semen chemically.
20. In the phosphatase test, several reagents are added to a net filter paper which had been previously
pressed against the particular place bearing semen stains.
21. If the paper turns reddish-purple, the presence of semen is indicated.
22. This is an extremely sensitive test and can detect semen stains which are several years old.
23. Another test used is the crystal test.

Chemical analysis of viscera-

1. The chemical analysis of various organs forming the viscera (primarily the organs located in the
abdomen and the pelvis), vomit and excreta is very important in cases involving poisoning.
2. Vomit is examined where certain people have survived the poisoning.
3. In case of alcohol poisoning, on the post mortem examination, it is necessary that the viscera be
tested.
4. Where it is a confirmed case of poisoning, the doctor carrying out the examination must preserve
the viscera and send them for chemical analysis. This is important to determine the probably
amount of poison consumed or administered and the history of such poison.
5. Even in cases where there is no unnatural death recorded, the viscera must be preserved as this
forms part of a scientific approach to a legal matter.
6. In cases of slow poisoning, the kidney must be preserved as the poison has to travel through the
kidney to reach the urine.
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 7. In cases of alcohol poisoning and arsenic or lead poisoning, the brain must be preserved.
8. Sometimes even hair, skin and nails may be preserved. This is also required in arsenic poisoning.
9. This is because arsenic gets deposited on the capillaries (it is a capillary poison) and thus is
excreted through the skin.
10. Further, arsenic does not decompose easily and helps preserve dead bodies. As it is easier to
recover nails and hair from coffins, arsenic poisoning in such cases may be detected.
11. Blood gives confirmation as regards poisoning by alcohol, carbon monoxide, Potassium cyanide,
hydrocynic acid, etc.
12. Blood is preserved in vials while other organs are preserved in tight, wide-mouthed, glass bottles.
13. The bottles must bear the name of the deceased, the organs preserved, serial number and details
of the dispatching officer.
14. The bottles are to be filled upto 2/3rd with the preservative liquids which are generally rectified
spirits or solutions of a common salt. 1/3rd space must be left at the top. The viscera are to be
submerged in such preservative liquid.
15. After being labelled, etc. the bottles shall be placed in boxes.
16. The chemical examiner must only give a report as to the examination and must not analyse the
cause of death.
17. The report is only a piece of evidence and must be forwarded to the doctor conducting the
autopsy.

2.5. DNA Profiling

1. DNA fingerprinting is known to be more advantageous than fingerprinting. This is because even
though no two individuals can have the same fingerprints, sometimes it may become difficult to
obtain fingerprints.
2. Thus, a genetic blueprint called DNA (Deoxyribonucleic acid) is used instead.
3. Every individual has a unique DNA, even though genes are transferred to a person from his
ancestors by way of DNA.
4. Almost every cell of our body has a nucleus which contains chromosomes. Each chromosome
contains a single DNA molecule.
5. Every somatic cell in the human body consists of 23 pairs of chromosomes (46 in total)
containing DNA and proteins.
6. Out of these, 22 pairs are autosomes and there is one pair of sex chromosomes.
7. In case of males, who do not have any chromosomal abnormality, the single pair of sex
chromosomes consists of one X chromosome and one Y chromosome. In females, the sex
chromosomes consist of two X chromosomes.
8. The DNA structure in every cell remains the same through the life span of a person unless some
mutation or rearrangement takes place.
9. The DNA in the cell may also be present in the mitochondria.
10. Mitochondrial DNA is more stable due to a small, circular, double stranded structure. Further, it
has extra layers of protective biological material.
11. It is present in high numbers in the cell.
12. Mitochondrial DNA can be used even where highly degraded biological material is to be
analysed. In fact, it can assist in analysis of bone tissues which are thousands of years old.
13. Thus, there are two kinds of DNA, nuclear or genomic DNA which is found in the nucleus and
mitochondrial DNA (also called small MT DNA) which is found in the mitochondria.
14. As per the Watson and Crick model, the DNA is a complex biological structure consisting of two
strands which are intertwined to form a double helix. The two strands are called complimentary
strands.

25
15. It contains nucleotide bases (Adenine, Thymine, Cytosine and Guanine) and a phosphate
backbone.
16. Adenine, Thymine, Cytosine and Guanine are represented as A, T, C and G respectively.
17. The strands are held together by way of weak hydrogen bonds between the opposing bases.
18. Adenine always bonds with thymine and cytosine always bonds with guanine.
19. This ensures that once the nucleotide bases are obtained for one strand, the bases for the other
strand are automatically detected.
20. All humans have different DNA. This is however not the case with identical twins or
monozygotic twins as they originate from a single zygote.
21. Every child inherits a set of chromosomes from his father and another set from his mother.
22. However, there are certain peculiarities in this respect. Only sons inherit Y chromosomes from
their father and pass it on to their offspring.
23. Further, MT DNA is inherited by all children from their mother. However, it can be passed on
only by daughters to their offspring.
24. Generally, DNA is taken from blood, semen, saliva, hair root, bone, skin, tooth, any bodily tissue,
secretion or fluid that contains a nucleus.
25. For extraction of DNA from blood, blood stains from clothes may be taken as there is lesser
chance of contamination.
26. Blood for such purpose may even be extracted from metal surfaces, floors, furniture, etc.
27. Semen and vaginal swabs may be extracted for the purpose of DNA profiling provided they are
not contaminated.
28. The DNA extracted from bones has high molecular weight.
29. The sternum and the long bones are a rich source of bone marrow even in case of mutilated
bodies.
30. Bodies buried for several years can also yield DNA from bones.
31. In case of teeth, the pulp is the source of DNA.
32. Tissues especially those of the skin and hair roots are a good source of DNA.
33. The limitations of DNA profiling are as follows-
(a) Insufficient source of DNA
(b) Insufficient cellular material present in the source
(c) Degradation of DNA in the sample material
(d) A compromised state of DNA such that the test does not work

21. The advantages of DNA fingerprinting over conventional fingerprinting and other methods are as
follows-
(a) It is easier to obtain DNA unlike fingerprints which need not be found at all times from the
crime scene.
(b) DNA establishes a relationship between a child and his parents as half of the genes are carried
from the mother and half from the father.
(c) Where DNA profiling is carried out my using the PCR method, it is not an issue even where
the sample is degraded.
(d) Various organs carry the same DNA. Thus, DNA can be matched even when it is from
different sources in the body.
(e) No two individuals except identical twins can ever have the same DNA.
(f) The DNA profile of individuals does not change.

22. Examples of certain situations where DNA is of great importance are as follows-
(a) Identify potential suspects whose DNA may match those left at the crime scene
(b) Eliminate persons from the list of suspects
(c) Identify victims of a crime or catastrophe
26
 (d) Help in deciding disputes as regards paternity and family relationships
(e) Identify endangered and protected species for aiding wildlife officers and punishing poachers
(f) Identify bacteria and other organisms which pollute the air, soil, water, etc.
(g) For matching donors and recipients for a transplant.
(h) Determining history of seeds and livestock breed.
(i) Authenticate food items as being fit for human conditions.

Process of DNA profiling-

1. DNA profiling is done by two methods-

(a) Restriction Fragment Length Polymorphism (RFLP) - Requires large amounts of DNA. DNA
to be used must be undegraded and uncontaminated.
(b) Polymerase Chain Reaction (PCR) – Small amounts of DNA are sufficient.

2. The RFLP method involves the following steps-

(a) The DNA is extracted.
(b) It is cut into pieces with the help of the restriction enzyme.
(c) DNA fragments are separated by electro forces in Agarose chain.
(d) The DNA band pattern in gel is transferred to a nylon membrane with the help of the southern
blotting technique.
(e) A radioactive probe is prepared.
(f) This probe is added to the DNA on the membrane which binds with it.
(g) The extra probe is washed. The remaining probe binds with a specific sequence of DNA on
the membrane forming a particular pattern.
(h) An X-ray film is placed near the membrane to detect the radioactive pattern.
(i) The X- ray film is then developed to get the DNA fingerprint.

3. Thus, where the DNA samples collected are matched with those of the suspect in the
abovementioned manner, a definite conclusion may be arrived at.
4. The Polymerase Chain Reaction is used to amplify a particular sample of DNA.
5. A primer or a single strand of nucleic acid is required in such cases.
6. The DNA polymerase is the enzyme which reacts with this primer by adding new nucleotides (A,
T, C and G) to the existing strand of DNA.
7. This enzyme has two properties- it can generate new strands of DNA using a DNA template and a
primer and it is heat resistant.
8. Thus, at the end of the PCR, several strands of DNA can be generated.
9. What are required by the analyst are a DNA template and the sample DNA which contains the
target sequence at the beginning of the reaction.
10. High temperature is applied to separate the original double stranded molecule.

Note : Please check PCR

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Unit III Poisons

3.1. Concept and scope of toxicology

1. Toxicology is the science which deals with the knowledge of the sources, characteristics,
properties of poisons, the symptoms they produce, the nature of their fatal effects and their lethal
dose.
2. It is also related to the study of their sale and prescription.
3. Forensic toxicology deals with the harmful effects of poisons.
4. A poison is anything which if administered, inhaled or ingested produces a deleterious effect on
the body.
5. Thus, any substance may become a poison including a medicine, if it tends to injure the body.
6. However, for the purpose of forensics, a substance is a medicine if it is administered with the
intention to save life. But, where a substance is administered with the intention to cause harm, it
shall be termed a poison.
7. Several modern techniques of toxicology which are sensitive and specific in nature and involve
very small quantities have now been devised.
8. These include the following-
(a) Chromatography- The popular techniques used for the purposes of toxicology today involve
Thin layer chromatography, gas and liquid chromatography and high performance liquid
chromatography.
(b) Mass spectrography- It is used to identify even very small quantities of poisons. It can
identify any kind of poisons especially organics.
(c) Spectrophotometry- Ultra violet rays, visible light and infra red rays are used by way of a
Spectrophotometer to detect host poisons.
(d) X-ray diffraction- Diffraction (deflection of a wave and other phenomena which occur when
the wave strikes an obstruction) of x-rays is used to identify poisons, particularly barbiturates,
alkaloids, glass and clay. The diffraction pattern depends on the positioning of radicals and
various groups in the molecule.
(e) Neutron activation analysis- It can detect very small quantities of poison. It is mostly used in
case of metallic poisoning such as lead arsenic poisoning.
(f) Radio Immuno Assay (RIA)- It is a sensitive, specific and rapid technique used. It is useful of
detection of poisons in small quantities even when they are contaminated especially when
poison is to be detected in the viscera of a person.
(g) Scanning Electron Microscopy- A biological microscope is used as it allows for
magnification. It is used to identify cannabis and its products.

3.2. Classification of poisons and routes of administration, action of poisons, routes

of elimination

1. Poisons are classified on the basis of their chief symptoms as corrosives, irritants and systemic.
2. The action of poisons may be modified due to the quantity or dosage, the form, the mode in
which it is administered and the condition of the body.
3. The greater the quantity or dosage, the more the toxic effect.
4. Small doses are generally used for therapeutic purposes.
5. However, the following are exceptions to this-
(a) Idiosyncrasy- This refers to inherent intolerants towards certain foods and substances, which
even if they are given in small doses, may prove to be harmful for the person.
28
 (b) Allergy or hypersensitivity- A person may be allergic to certain drugs.
(c) Habit- A person may get accustomed to a certain poison as in the case of alcohol, tobacco, etc.
and thus even large doses may not affect such person.
(d) Synergism- It may so happen that even though doses of certain substances may not affect a
person, when such substances are administered in combination, they may prove fatal.
(e) Emetic effect- Sometimes a large dose may induce violent vomiting or other symptoms which
might in the end protect the person from poisoning.
(f) Cumulative poisons- Sometimes poisons may be fatal even when they are administered in
small doses over a period of time.

12. As regards the form of a poison, the small molecular size, water solubility, lipid solubility and
non ionized status determine the degree of absorption of the poison by the body.
13. Other important factors include physical size, chemical combination and mechanical
combination.
14. As regards physical size, gases and vapours act quicker than liquids. Liquids in turn act quicker
than solids. Further, even in case of solids, finer substances act quicker than coarse ones.
15. As regards chemical combination, certain substances when combined with others may become
inert as in the case of acids and alkalis or they may become more poisonous as in the case of
Copper arsenite and Lead carbonate which are not insoluble in water but are soluble in the
hydrochloric acid present in the stomach.
16. As regards mechanical combination, the effect of a poison gets altered considerably when
mechanically combined with other substances. For example corrosive acids or concentrated
alkalis when diluted in water become irritants.
17. The mode of administration of a poison also affects the rapidity of its action.
18. A poison is most effective when inhaled in the form of gas or vapours or when injected into a
vein by a subcutaneous or intra-muscular injection or when applied to an open wound.
19. Its application is slower when it is ingested in a partly soluble form or when the stomach is full.
20. Its action slows down when it is applied to unbroken skin.
21. A poison ingested into the stomach acts faster than when it is ingested into the skin.
22. Snake venom has no effect when it is ingested but it is highly toxic when injected.
23. In case of cocaine, it acts as an anaesthetist when injected and as a convulsant when ingested.
24. Conditions of the body such as age and health also affect the action of poisons.
25. Poisons work rapidly in young age (around infancy and childhood) as well as old age.
26. Where the person has poor health, the poison reacts more rapidly. For example, where a person
has coronary heart disease, he shall be affected by the presence of carbon monoxide.
27. When a person is sleeping or is intoxicated, the body metabolism is low and thus the action of
poison is delayed in such cases.
28. Poisons may be inorganic, organic or biological poisons.
29. Inorganic poisons may be metals, non metals, metalloids, acids, bases, oxides or salts.
30. Organic poisons include synthetic drugs, alcohols, petroleum products, insecticides, etc.
31. Biological poisons include those derived from plants or plant products such as nicotine, cocaine
and atropine or those derived from animals such as snake venom.
32. Poisons have also been classified according to their misuse into homicidal, suicidal and
accidental poisons.
33. Homicidal poisons include Potassium cyanide, arsenic, aconite and opium.
34. Suicidal poisons are generally those which are readily available to a person such as arsenic,
opium or barbiturates.
35. Accidental poisoning occurs in various cases, for example where poisons are mistaken for food or
medicines, drug overdose, prescription of wrong drug by a doctor, gas taps left open or where raw

29
 coal is allowed to burn in closed rooms, carelessly handling poisonous materials such as
insecticides, etc.
36. Poisons may be administered by the enteral, parenteral and sublingual routes.
37. Enteral routes involve entry by the mouth or rectum, where it is absorbed by the mucous
membrane in such organs.
38. Parenteral route involve injection which may be intra-dermal, intra-muscular, intra-arterial or by
inhalation through air passages or by external application on wounds or by introduction into
natural orifices such as the rectum, nose, eyes, etc.
39. Poisons are generally eliminated either as they are or in combinations as faeces, urine or
excretions from the skin.
40. They may even be eliminated in breast milk and thus may be poisonous for the baby.
41. They may at times come out in as part of saliva and other mucous or serous products, which may
thereafter be eliminated as faeces or be reabsorbed depending on the amounts secreted.
42. The action of poisons may either be local, remote local, systemic or general.
43. It is local where it affects the localised site of application.
44. This may lead to corrosion as in the case of strong mineral acids or congestion and inflammation
as in the case of irritants.
45. They may produce gross changes which are visible to the naked eye.
46. Where the poison affects a definite area, such as the liver or the kidney, its action is termed as
being remotely local.
47. In such cases, generally the poison affects the organ with which it has an affinity as can be seen in
the case of digitalis and the heart, opiods and the cerebral cortex, etc.
48. Systemic action is where a certain physiological system such as the great intestine tract is affect.
49. General action is where a variety of tissues are affected and it need not just affect a single system
as can be seen in the case of poisoning by lead, mercury, arsenic or barbiturates, etc.

3.3. Legal aspects of poisoning

13. The IPC under S.284 deals with criminal poisoning. It lays emphasis on the fact that a poison
must be a substance which poses a danger to human life. It also takes cognisance of the malicious
intention of the person administering such poison, irrespective of the quantity and quality of
poison used.
14. The Poisons Act, 1919 regulates the sale, import, possession, etc. of poisons under the authority
of the Central Government.
15. It requires that certain licenses must be obtained from the Central Government before importing
certain poisons. The Central Government may also regulate grant of such licenses.
16. Further, any appropriate government, subject to the control of the Central Government may make
rules and regulations as regards the sale, both wholesale and retail of poisons in a particular
territory.
17. The Act also empowers state governments to regulate possession of specific poisons in a locality
where it is likely to be used for homicide or cattle poisoning.
18. The NDPS Act, 1985 has repealed the Opium Acts of 1878 and 1957 and the Dangerous Drugs
Act, 1930.
19. It provides for greater control over narcotics and drugs and has increased the penalties for
trafficking in such substances.
20. It also provides for regulation of psychotropic substances in consonance with the various
conventions relating to narcotics and psychotropic substances India has entered into.
21. The Act defines a narcotic drug as including cocoa leaf, cannabis, opium, poppy straw and any
other manufactured drug.
30
22. A manufactured drug includes cocoa derivatives, medicinal cannabis, opium derivatives, poppy
straw concentrate and such other manufactured drug as may be declared so by the Central
Government by way of notification in the official gazette.
23. Psychotropic substances have been defined as any substance, whether natural or synthetic listed
in the Schedule to the Act. This schedule lists 77 such substances.
24. Ss. 12-25 provide for penalties for offences (set out in S.8) under the Act which are more or less
the same for all drugs which are prohibited except cannabis. The penalties are very drastic.
25. S.27 punishes a person who consumes or has in his possession for consumption, any narcotic
drug or psychotropic substance with upto 1 year imprisonment or fine or both.
26. The section also punishes a person who consumes cocaine, morphine or heroin or any other such
substance as notified by the Central Government with imprisonment upto 6 months or fine or
both. These are regarded as being soft drugs.
27. Small quantity has been taken to mean that as has been specified by the Central Government by
notification.
28. In the case of opium and hashish, it is 5g, in case of opium, it is 25g, in case of ganja, 500g and in
case of heroin, smack or brown sugar, 250mg.
29. However, the NDPS Act expressly preserves the provisions of the Drugs and Cosmetics Act
which punishes the adulteration of drugs.
30. The Drugs Act, 1940 was brought into force primarily to regulate the import into, sale,
manufacture and distribution of drugs in India such as patented or proprietary medicines,
substances which are known as vaccines and sera toxins, vitamins, hormones, other drugs used
for treatment and internal and external use of human beings and animals, etc.
31. The Act was amended in 1955 to include substances other than food which affect the structure or
function of the human body or are intended to be used to destroy vermin or insects which cause
disease.
32. Thus, insecticides, disinfectants and contraceptives have now been brought under its purview.
33. In 1962, the Drugs Act was amended to include cosmetics and thus the Act is now called the
Drugs and Cosmetics Act, 1962.
34. In 1964, the Act was amended to cover medicines coming under the Ayurveda or Unani system.
35. The authorities under the Act are as follows-
(a) Drugs Consultative Advisory Board- To advise the Central government and State
governments as regards technical matters arising under the Act.
(b) Ayurvedic and Unani Drugs Technical Advisory Board
(c) Drugs Consultation Committee- Consists of 2 representatives from the Centre and one
representative each from the states. It brings about uniformity in the law relating to drugs in
the entire country.
(d) Central Drugs Laboratory- It has been established to test samples of drugs imported into the
country and given to it for examination by the Assistant Drug Controller. It also acts as the
final authority as regards dispute over the analysis of a drug with respect to which prosecution
is pending in a court.

24. The Act also provides that no drug shall be imported, sold, stocked, exhibited for sale, etc. unless
it has displayed on its label or container, its true formula or ingredients contained in it and the
same is intelligible to a person of the medical profession.
25. When taking any drug for analysis, the inspector will have to pay its fair price.
26. He will then have to divide the drug into four samples, one for the vendor, one for the person
from whom the vendor has procured the drug, one to be sent to the government analyst and one to
be presented before the court if required.
27. The offences under this Act can be tried only by a Judicial Magistrate First Class.
28. After the amendment of 1955, only the Central Government can frame rules under the Act.
31
 29. Previously, the rules required that the formula of a patented or proprietary medicine had to be
registered with the Director of the Central Drugs Laboratory. This has now been done away with
keeping in mind the requirement to abolish the undesirable practice of selling drugs under an
undisclosed formula.
30. Biological and certain other products can be imported only under a license.
31. Small quantities of such drugs may be imported for personal use by obtaining a license from the
Drugs Controller.
32. As regards poisonous substances, certain restrictions have been placed on their storage (to be
stored in such containers as to prevent any leakage), sale and prescription (certain entries must be
made in the register as regards the same).
33. However, a record in the register is not required where prescription has been provided under the
Employees’ State Insurance Scheme.
34. Such substances must be labelled as ‘poison’.
35. They must also include a statement that they are to be sold by retail only on the prescription of a
registered medical practitioner.
36. The prescription must be in writing and signed, must mention the name and address of the person
for whose treatment it is being given and must specify the dosage.
37. The persons dispensing the medicine must not dispense it more than once unless the prescriber
has specified the same.
38. The Pharmacy Act, 1948 has been passed to regulate the profession of Pharmacy and constitute
Pharmacy Councils for such purpose.
39. Only a registered pharmacist can prepare, mix or dispense with any medicine prescribed by a
registered medical practitioner, except under the direct and personal supervision of a registered
pharmacist.
40. Any contravention of the provisions of this Act shall be punishable with imprisonment which
may extend to 6 months or with fine or both.

3.4. Alcohol

1. Alcoholism is a common medical and social problem which affects a person’s health as well as
social function. It is a disorder which is characterised by excessive drinking.
2. Alcohol consumption, procurement and sale need to be regulated
by law due to the growing popularity of alcohol.
3. Taxes levied on alcohol form a large part of government revenue.
4. Unauthorised procurement, sale and consumption of alcohol are
prohibited by law.
5. The law with respect to alcohol has also gained importance as
regards traffic accidents, industrial accidents, incidents of domestic and other forms of violence,
cases of suicide and homicide, injury, etc.
6. Ethyl alcohol is transparent, colourless volatile liquid having a
characteristic spirituous odour and a burning taste. It is obtained by distillation, fermentation and
fortifying wine.
7. Absolute alcohol contains 99.95% alcohol while rectified spirit contains 90% alcohol.
8. Alcoholic beverages are a mixture of alcohol and water with small amounts of congeners
produced during the fermentation process. The characteristic flavour is due to these organic
compounds like propyl alcohol, glycerine, aldehydes etc.
The odour may persist in the breath for several hours due to non-alcoholic constituents
(congeners) in the drink. Alcoholic beverages are of three classes:
(a) Wines: fermented juice of fruits, berries and flowers.
32
 (b) Fermented malt beverages like beer.
(c) Distilled liquor like brandy, rum, whiskey etc.
9. Alcoholic beverages contain the following amounts of alcohol in them:
(a) Rum, Whiskey, brandy - 42.8%
(b) Gin- 42.8 or 40 or 37.2%
(c) Wines- 15.5%
(d) Beers- 2-10%
(e) Country liquor- 11.4-45.7%
10. Measurement of alcohol level are most conveniently taken by monitoring expired air, expressed
as blood alcohol level which represents grams of alcohol per 100ml of blood.
11. The breath analyser relies on the fact that when consumed alcohol is not altered in the
bloodstream and on the volatility of the compound. The latter is important when alcohol laden
blood passes through the tiny channels in the air sacs of the lung, the volatility encourages its
passages across channels membrane into the lung where it is exhaled.
12. The absorption of alcohol begins after ingestion dependent on a number of factors like presence
or absence of food in the stomach. Food delays absorption and is most marked in presence of fats
and proteins.
13. Concentration of alcohol is important and stronger the drink, more rapid the effects. Absorption is
usually complete within the first hour. After a single dose the maximum concentration of blood is
reached at the same time.
14. After absorption the alcohol is distributed more or less evenly throughout tissues with an
exception to bones and fat. By estimating the amount of alcohol in the blood it is possible to
calculate the approximate total quantity in the body at the time.
15. The most acute effect of alcohol is its effect on the central nervous system. The first effects
appear to be depression of the highest evolutionary systems, the centres regulating the conduct of
judgment and self-criticism. It passes progressively downwards through centres of early
evolutionary origin to the motor centres finally depressing and paralysing the vital centres in the
medulla.
16. This first gives feeling of well being and certain slight excitation. The actions, speech and
emotions are less restrained due to lowering of inhibition, with this there is increased confidence
and carelessness of consequences. This implies a lack of self confidence which is a constant
feature of alcohol poisoning.
17. Driving and intoxication:
The law is stringent about driving under influence of alcohol. The permissible blood alcohol
concentration for drivers is up to 30mg% in India, a level where alcohol acts as a cerebral
stimulant. The higher the level of blood alcohol concentration the more aggressive driving
becomes leading to accidents.

33
It is seen that the effect of alcohol has wide variations; a driver might be safer driving drunk
another may have the opposite effect. It is usually seen that up to 10mg% drivers are unaffected,
while at 60mg% chances of accidents double and at 100mg% they increase to up to 25 times.

34
3.5. Narcotic substances

12. The word narcotic is derived from the Greek word Narkotikos which means a state of lethargy,
sluggishness or sleep.
13. Narcotic drugs are those which alter the consciousness of a person and are capable of being
abused.
14. Any substance which has the potential of producing a deteriorating effect in the mind and body of
a person is a narcotic or a narcotic drug.
15. It may seem advantageous on the outside and may relieve a person of worry, fatigue or pain.
However, it ultimately leads to deterioration in the functioning of the body.
16. In law, narcotics include any drug whose production, sale and purchase are prohibited, controlled
or regulated.
17. These drugs have been mentioned specifically in Schedules I and II of the Narcotic Drugs and
Psychotropic Substances (NDPS) Act.
18. Narcotic drugs have been divided into the three main categories of sedatives, stimulants and
hallucinogens.

Sedatives-

1. Sedatives are generally used as depressants. They help in relieving the user from pain and worry.
2. Some sedatives include Morphine, Heroin, Opium, Codeine, etc.
3. Barbiturates are derivatives of Barbituric Acid and are known as barbitones or barbitals.
4. They may be long acting (inducing sleep for upto 8 hours to 24 hours) or intermediate acting
(inducing sleep for 4 hours to 10 hours) or short acting (affecting a person only for about 3 to 4
hours).
5. Barbiturates are also used as sedatives and analgesics in cases of nervous breakdowns, emotional
upsets or in diseases such as asthma, insomnia and menstrual irregularities.
6. Barbiturates in such cases are used with other medicines as well.
7. However, they can be harmful when taken in large doses and where there is an addiction to such
substances.
8. Generally, users of alcohol and opiates prefer barbiturates when they do not have access to
alcohol or opiates.
9. Alcohol users even use it for prolonging the period of intoxication.
10. It also helps control emotional tension caused by the usage of cocaine and thus is used by such
persons as well.
11. Barbiturate addiction can lead to a dependency on the drug, the tendency to increase the dosage
and withdrawal symptoms.
12. They induce sleep when taken in small dosages but when they are taken in large dosages, they
lead to insomnia.
13. Withdrawal syndrome after barbiturate usage involves anxiety, giddiness, nausea, vomiting,
insomnia, delirium, twitching of muscles, tremors in hands and fingers, etc.
14. The addict feels confused and loses control, judgment and physical vitality.
15. The intoxication resembles alcohol intoxication and the addict loses control of motor centers,
emotions and suffers from delusions.
16. The symptoms may be seen from the first day of usage and are generally intense for the first 3
days. They subside after a period of about 10 days.
17. They are also synthetically prepared.
18. Barbiturates are used by hypnotics to induce sleep and relieve pain.
19. They are also used by killers and for suicide. They form part of the truth serum as well.

35
Stimulants-

1. Stimulant drugs are almost the opposite of sedatives. They help to stimulate the various body
functions. However, they lead to deterioration of various body functions as well.
2. They affect the Central Nervous System.
3. Cocaine and amphetamines (Benzedrine, Dexedrine, etc) are the most common stimulants.
4. Stimulants help to the counter the effect of sedatives. They keep a person awake for long hours
especially during examinations or long night drives. They help in pepping up a person.
5. With the passage of time and increase in usage, the person becomes addicted to the drug.
6. Cocaine is of vegetable origin and is obtained from the leaves of the coca bush.
7. It is a white crystalline slightly volatile alkaloid.
8. It may also be given for the purpose of local anaesthesia as in the case of Novocain and
Xylocane.
9. It is taken in the mouth by way of capsules, in food and drinks, by inhaling, by applying to the
gums, by placing under the tongue or by injecting it in the body. However, inhaling is the most
common method of taking cocaine.
10. The effect of cocaine is almost immediate and the person gets a feeling of immense pleasure.
11. It stimulates the Central Nervous System and the mental and physical processes of the body. The
person remains hyperactive.
12. Amphetamines such as Benzedrine affect the Central Nervous System and bring about a feeling
of euphoria, increased self confidence, heightening of alertness and initiative, etc.
13. It prevents sleep and reduces fatigue.
14. Benzedrine is a liquid at ordinary temperature and is administered orally, by inhaling or by
injecting.

Hallucinogens-

1. Hallucinogens are drugs which affect the mental process of a human being especially his
consciousness, perception and understanding.
2. They are also known as psychedelic or psychotomimetic drugs.
3. They were previously used by mystics and the recluse as they believed that they could reach the
higher power through the same.
4. Hallucinogens generally have a plant origin, though synthetic hallucinogens have been made
available today as in the case of Lysergic Acid Diethyamide (LSD), and PCP (also known as
angel dust or rocket fuel) and DMT which are synthetic compounds that have similar properties
as LSD.
5. A very common hallucinogen is Cannabis or Charas or Bhang or Marijuana, which is obtained
from a shrub called Cannabis Sativa.
6. The NDPS Act defines Cannabis. Almost every part of the shrub may be used to produce the drug
except mature stalks, fibre, seeds, seed oil and cake.
7. The crudest form of Cannabis is Bhang. The flower tops and leaves of the shrub form Bhang.
8. The purest form is Charas. This is also known as Hashis. It is a pure resin of the leaves, stem,
bark and other parts of the plant.
9. Between Charas and Bhang, as regards purity, comes Ganja.
10. Cannabis is taken by way of cigarettes, hookahs, pipes or in the form of soft drinks.
11. Cannabis is a stimulant, a depressant as well as a hallucinogen. Thus, its effects are confusing.
12. It relieves a person of fatigue and incites hunger.
13. It affects perception as regards time, space and understanding. People suffer from hallucinations
and start weeping, crying, laughing, abusing, and quarrelling.
14. LSD is obtained from the fungus growth on the rye grain.
36
15. It may be administered orally or by injection.
16. The person experiences vivid hallucinations as regards perception of sound, colour and other
visual distortions.
17. Hallucinogens are usually not addictive and they do not induce drug dependence or drug
tolerance.
18. However, they may be far more dangerous than addictive drugs as the personality changes
brought about are so drastic.
19. Hallucinogens are mostly used by persons in the field of medicine to study mental illnesses.

Solvents-

1. These are being used mostly by the younger generation as they are more readily available.
2. The solvents being misused include petrol and paint thinners.
3. They are taken in a handkerchief or a plastic pouch and sniffed frequently.
4. It gives the desired level of intoxication.
5. It affects the wind pipe, the lungs and the liver.

Synthetic Narcotics-

1. These are essentially laboratory products.

2. They include designer drugs which are analogs of already prepared drugs.
3. Analogs are chemical compounds which have nearly similar electronic structure as that of a
particular drug but have a different molecular formula.
4. They are used primarily to evade the law or to enhance the effect of the parent drug.
5. Fentanyl is an addictive drug which is almost similar to Morphine but is a lot more potent than
Morphine.
6. Similar is the case of PEPOAP, also known as synthetic heroin, which is similar to Pethidine.
7. Opium is a mixture of about 35 alkaloids, out of which Morphine is the most important.
8. It also consists of Narcotine, Codeine and Papaverine.
9. It is mostly an addictive drug. It reduces physical activity and causes depression in the Central
Nervous System.
10. It reduces metabolic rate, blood pressure and respiration.
11. Appetite is also lost.
12. It may be smoked, eaten or drank.
13. Morphine is a sedative and a pain killer.
14. Heroin is diacetal morphine.
15. The Heroin from Mexico is brown in colour and thus is called Brown Sugar.
16. It can be abused by inhalation, smoking, eating, drinking or injection.
17. Heroin and other opiates affect the Central Nervous System.
18. It is one of the strongest sedatives and it depresses all body functions, giving the user immediate
pleasure.

Addiction-

1. Drug addiction is a state of mind and body where a person has lost all self control as regards the
drug and is dependent on it.
2. It is the habit of taking a drug without authorisation from a medical practitioner.
3. Such a person undergoes drastic personality changes, suffers from insomnia, instability and lack
of self confidence especially when he is not under the influence of the drug.
4. The addict cannot focus on his work and has no social contacts.
37
5. He becomes a physical, mental and moral wreck and is a burden on the society.
6. Drug addiction is characterised by-
(a) Uncontrollable craving
(b) Physical dependence- The person falls sick, inactive and incapable of carrying out his work
properly without the drug. The drug becomes part of the physiological system.
(c) Psychological dependence- This is when the drug affects the person’s mental processes.
(d) Tolerance- The person develops tolerance towards the drug and even large dosages do not
affect him. This is not found in habit drugs such as tea, coffee, cigarettes or sometimes even
cannabis, where the person does not develop tolerance towards the drug.

6. The causes of drug addiction are to reduce tension and pain, to relieve fatigue or to improve the
feeling of well being.

38
Unit IV Physical Evidences

4.1. Questioned documents and their identification- Handwriting analysis, Role of

handwriting expert- private and government, Counterfeit notes and Electronic signature

Questioned Documents

1. S.3 (1) of the Indian Evidence Act defines a document.

2. Where the authenticity of a document or a part of it is being questioned, it is called a questioned
document or contested document or disputed document.
3. Documents are generally challenged on the following grounds-
(a) Where the signature or thumb impression on the document is challenged- This is generally
where the signature of a person needs to be admitted.
(b) Where the document is challenged after the signature is admitted- This happens mostly in
cases of forgery where a forger prepares documents by using signatures obtained on blank
paper. It is also useful where the signatures made previously have been manually or
chemically removed.
(c) Where alterations made in the document are challenged- Documents may also be challenged
where there is an alteration in signatures, etc. This may be identified by studying the
chronological order used in the document, the kind of ink used, sequence of writing, etc.
(d) Where photocopies or carbon copies of the document are challenged- This becomes important
where copies of the document are produced and some changes have been made in such
document.

4. The examiner of a questioned document may also come across certain anonymous letters which
may have been written for the purpose of blackmailing and threatening.
5. This may be due to the disturbed mental state of the person writing the letter, disturbed family life
and personal life, etc.
6. In such cases, the examiner is required to carefully compare the handwriting of the letter with the
handwriting of certain suspects and then arrive at a conclusion.
7. Such examination is also carried out in case of love letters, suicide notes or in case of documents
written by a person in routine business and later denied by him due to fear of certain social or
legal or other consequences.
8. Documents may also be challenged on the basis of the date of execution or age of the document.
9. Herein the age of the document or of a part of it or the chronological order of its different parts
may be challenged.
10. What needs to be seen is whether the document is as old as the date on it indicates.
11. Such an analysis must be conducted as back dating of documents is very common.
12. In such cases, documents have often been rejected as they bore dates of years in which the paper
on which it was written was not made or available or where the instrument or ink or typewriter
used was not made or available.
13. Such documents have also been declared to be forged on the ground of different sequences of
strokes in writings or on the basis of revenue stamps.
14. In case of challenged typewritten documents, the examiner has to study the following factors-
(a) The type of typewriter used
(b) He has to link the typed writing to the typewriter used

39
 (c) He has to ascertain the date of the document by examining the wear and tear marks and
other factors
(d) He has to determine whether any fraudulent alterations have been made in the writing

Handwriting Analysis

1. The handwriting of a mature writer is personal and individual to him.

2. Writing requires coordination of various muscles such as those of the fingers, the wrists and the
arms.
3. The manner in which the fingers, wrist, forearm or the whole arm move while writing is called
writing movement.
4. Finger movement is employed by one who is not very familiar with the writing process or by a
forger, who signs carefully by drawing the outline of the letters.
5. Wrist movement is where the wrist is used to write and the fingers are used only to grip the pen.
6. Forearm movement is employed by those who have a higher degree of muscular coordination.
7. The whole arm movement involves the action of the arm without any pivot. It is generally seen
while writing in capitals or while writing on a blackboard, etc.
8. A person who uses finger movement cannot write using the higher movements.
9. However, a person who can write using the higher movements can use the finger movement and
thus can forge the writing of another.
10. Pen pressure is the force or pressure applied while writing. The more the pressure, the finer is the
writing. This habit is developed unconsciously and automatically.
11. Shading is the difference in the width of the strokes.
12. Pen position is the position or angle of the pen as regards the writing surface or the line or
direction of writing.
13. Pen scope is the distance travelled by the pen from one point to another without changing the
pivot.
14. The speed of writing is the ease with which the pen moves on the paper.
15. Line quality refers to the character or quality of lines or strokes in writing which show as to how
the pen was moved, when the pen paused, writing speed, fluency, etc.
16. Unusual departures of the line from its usual course are called tremors. They may be natural or
artificial.
17. Alignment is the relation of the words, etc written to a base line.
18. For forensic examination, the writings of a person which is known to be of that person (known
writings) must be compared with questioned writings.
19. Such writing must have adequate quantity and quality. It must also be proved to be of the person
so known.
20. The investigators may even request a suspect to provide samples of his handwriting.
21. It must be ensured that adequate material is made available.

Forgery-

1. S.463 of the IPC defines forgery as an act where a person makes a false document or part of such
document with the intent to cause damage or injury or to support any claim or title or to cause any
person to part with property or to enter into a contract or to defraud someone.
2. Forgery may be by writing with pen or pencil, typewriting, engraving, erasing or altering the
document, etc.
3. The various types of forgery are as follows-
(a) Free hand simulated or copied forgery- This is when the forger tries to copy the design of
letters, etc. of another.
40
 (b) Traced forgery- This is when outlines of signatures are drawn by tracing them. This may be
done even by way of carbon paper tracing, by indented tracing, by using tracing paper, by
using a transmitted image or by using a scanned image.
(c) Forgery by memory- This is when the forger forges the handwriting, signature, etc. of a
person by remembering the forms of the letters, etc. used. Such type of forgery can be easily
detected as no person can duplicate another’s writing exactly by memory.
(d) Forgery without model or forgery by impression- Where a person merely writes or signs as
another with the motive of impersonating such other, he commits forgery by impression.
There is no attempt made to trace from a model signature.

4. Disguise is a deliberate attempt to delete one’s individual characteristics. It can take the form of
change in slant, change in size, altered letter design, etc.
5. Alteration is any change which gives a different effect from what was originally intended.
6. If the change is made after execution of the document and without the consent of the other party,
it is called fraudulent alteration.
7. Obliteration is the physical covering of entries, such as by way of an opaquing liquid.
8. Erasures involve removal of some unwanted date, figure, word, letter or digit. This is seen in
several disputed documents.
9. The following techniques may be used in erasures, namely-
(a) Mechanical erasures- This is done by scraping the surface by a knife, blade, etc.
(b) Solvent action- Solvents such as water, alcohol, petrol, etc. are used.
(c) Chemical action- Certain chemicals such as Potassium permanganate solution, chlorine,
bromine water and sulphurous acid may be used.
(d) Detergent action- Detergents are used to remove inks from the surface by way of swabbing.
(e) Trimming- Sometimes, the paper may be trimmed to remove certain unwanted parts.

4.2. Finger prints and Foot prints

Important fingerprint terminology-

1. Fingerprints are impressions of the bulb of the finger on a surface.

2. Ridges- defined later
3. The design formed by ridges is called the fingerprint pattern.
4. The area covering the portion of fingerprint from which the fingerprint pattern may be
determined is called the Pattern area.
5. The type lines are the inner most ridges which start parallel to, diverge or surround the pattern
area.
6. The Delta is a point on the ridge which is at or in front of or is nearest to the centre of divergence
of the type lines.
7. The approximate centre about which the ridges form a pattern is called the core. It is important in
ridge counting and ascertaining the presence of loops and whorls.
8. The peculiarities in ridges are known as ridge characteristics.
9. When one ridge splits into two ridges which run in different directions, it is called a bifurcation.
10. When a normally flowing ridge ends abruptly, it is called a ridge ending.
11. When a single ridge bifurcates and reunites to enclose some space, it is called an enclosure.
12. A small ridge having only one sweat pore is called an island.
13. The number of ridges crossing or touching an imaginary line drawn between the core and delta of
a loop pattern is called ridge counting.

41
Fingerprints- general

1. Impression evidence is defined as any object or material which has retained the characteristics of
another object or material due to direct physical contact with such other.
2. There are a few fundamental principles as regards fingerprints which are as follows-
(a) No two persons are known to have the same fingerprints or ridge characteristics.
(b) The individuality of prints is dependent on the finger print pattern as well as the ridge pattern
which is also known as minutae. (check)
(c) In a print one must compare the several characteristics that are not only identical but have the
same relative location to one another.
(d) There should be a point to point comparison.
(e) 8 to 16 ridge patterns are sufficient to meet the criteria of individuality.

3. The skin on the inner surface of the palm and the soles of the feet contain ridges which help the
hands and feet in grasping and prevent them from slipping while moving.
4. These ridges have a tendency to form fixed patterns.
5. The skin bearing ridges and furrows is called friction skin as it creates friction between the skin
and the object which it is in contact with.
6. There are sweat glands on the flat surfaces of the ridges which emerge underneath pores which
are arranged in rows.
7. In India and most parts of the world, Henry’s system of classification of fingerprints is used. This
system classifies fingerprints as follows-
(a) Whorl- Spiral and Oval
(b) Loop- Radius and Ulna
(c) Arch, plain and tented
(d) Composite- Lateral, Central, Twine and Accidental

8. A plain arch pattern is where the ridge enters from one side and flows or tends to flow to the other
side. There is a small rise in the centre which looks like a hill.
9. There is generally no delta. However, if there is a delta, there should be no ridge count between
the delta and the core.
10. A tented arch is where the ridges enter from one side and flow towards the other just like in a
plain arch.
11. However, towards the centre, there is an upward thrust which looks like a tent.
12. The adjoining ridges in such case arrange themselves on either side of the axis of the tent formed.
13. The loop pattern is where the ridges enter from one side of the impression and exit from the same
side after re-curving or tend to exit from the same side.
14. It is further sub divided into the radial loop and the ulnar loop.
15. The radial loop is a loop pattern which flows towards the radial bone or towards the thumb. It has
the following characteristics-
(a) It has a delta
(b) There is sufficient re-curving
(c) There is atleast one ridge count between the delta and the core
(d) No ridge makes a complete circuit
(e) The loop flows towards the radial bone

16. The ulnar loop is one which flows towards the ulnar bone or towards the little finger.
17. It has all the characteristics of the radial loop (points (a) to (d) above) except that it flows towards
the ulnar bone.

42
18. The whorl pattern involves ridges re-curving in a circular manner and at least one ridge making a
complete circuit around the core.
19. There must be two deltas. There must be a re-curving ridge around each delta.
20. The line joining the two deltas must touch at least one of the re-curving ridges in the pattern area.
21. The whorls may be circular, spiral or oval or any other variation of a circle.
22. When two or more patterns combine to form one pattern, it is called a composite pattern. These
include the Central pocket loop, the Lateral pocket loop, the twinned loop and the accidental
pattern.
23. In the Central pocket loop, most of the ridges form loops and one such ridge re-curves and forms
a pocket near the core.
24. There are two deltas and at least one of the ridges must complete a full circuit.
25. However, the line joining the two deltas should not touch or cross any re-curving ridge in the
pattern area.
26. In a lateral pocket loop pattern, there are two deltas.
27. There are also two separate and distinct overlapping loops with separate shoulders.
28. At least one ridge in each loop must be independent of the other loop.
29. The core forming line should open on the same side of the deltas. Thus, the core lines are not
divided by the deltas.
30. In case of a twinned pattern, it has all the characteristics of the lateral pocket loop pattern except
that the core forming lines should open on either side of the deltas. Thus, the core lines are
divided by the deltas.
31. An accidental pattern is one which consists of two or more patterns and is too irregular to be
classified under any other pattern belonging to the composite category.
32. There may be difficulty in classifying fingerprints due to some prenatal or congenital
abnormalities a person may be suffering from.
33. A person’s hobby or occupation may leave certain marks on their fingers as is seen in the case of
stone cutters, persons who play stringed instruments, etc.
34. The fingerprints collected from a scene of crime have been called latent fingerprints.
35. However, as they are not always hidden, they are called chance impressions.
36. They are of three kinds- latent impressions, visible impressions and plastic impressions.
37. Latent impressions are those prints which are barely visible and thus must be developed.
38. They are formed due to deposition of any colourless greasy substance on a person’s finger such as
sweat, dirt or other oily matter from the skin, hair, face, tools, etc.
39. Visible prints are those made with some coloured material such as ink, blood, etc.
40. No development is required. The prints may simply be photographed with or without using filters.
41. They do not require powders.
42. Plastic prints are impressions made on a pliable surface such as mud, wax, soap, thick dried
blood, paraffin, etc.
43. They may be photographed by angular illumination.
44. When prints are left on a candle, they may even be intensified by rolling a thick layer of printer’s
ink by means of a rubber roller over them and then photographing them.
45. Plastic prints may be developed by filling in suitable powders in the furrows.

Development of latent fingerprints-

1. Latent fingerprints may be developed by physical or chemical methods.

2. The electronographic method can also be used where an x-ray film is placed over the area where
the print is located.
3. Thereafter, fine red powder is dusted over the area. The electrons emitted by the lead atoms affect
the x-ray film and give rise to the developed print.
43
 4. This technique is useful even on living skin.
5. The physical methods include powder dusting and iodine fuming.
6. In case of powder dusting, the prints are lifted from the surface after dusting powder on the same.
This is done when the prints cannot be photographed owing to the location of the prints, etc.
7. Iodine fuming is the oldest method of collecting fingerprints on porous surfaces.
8. When iodine crystals are subjected to heat, they vaporise producing violet coloured fumes.
9. These fumes come into contact with the latent impressions which develop a yellowish brown
colour.
10. The chemical methods include the following-
(a) Silver Nitrate method- In this method, the Silver nitrate reacts with the Sodium chloride
present in the perspiration in the latent impression to form Silver chloride, which is light
sensitive. This Silver chloride breaks into silver and chloride when exposed to light. The
fingerprints which are developed appear reddish brown in colour.
(b) Ninhydrin method- Ninhydrin reacts with the amino acids present in perspiration and causes
purple-reddish stains.
(c) Osmic acid method- Osmic acid vapours react with the oils in perspiration to form metallic
osmium. This develops the latent prints.
(d) Cyanoacrylate method- Often called the super glue method.

4.3. Explosives and Fire arms

Forensic ballistics

1. It is that branch of forensic science which helps in the interpretation of all ballistic related
wounds, particularly gun shots.
2. The marks caused by every weapon are different from the other. Thus, the source of the bullet,
etc. can be identified.
3. Forensic ballistics form key evidence during police investigations and trials.
4. Evidence in such cases includes fire arms, bullets and cartridge cases.
5. Some ballistics related phenomena include bullet holes; gun shot wounds, bullet tranjections and
bullet damage on various media.
6. Studies have shown that the marks produced by two fire arms are always different even if they
are of the same model and the same type.
7. Fire arms do not normally change characteristics over a period of time and thus even though they
are recovered after a very long time, the bullet or cartridge cases found can be matched with the
fire arm used.
8. Further, fire arms can also be examined on the basis of class characteristics which are also known
as intentional characteristics or designed characteristics.
9. This relates to certain characteristics exhibited by a class or group of fire arms.
10. The class characteristics that relate to bullets are the calibre and the rifling pattern of the barrel.
11. The class characteristics relating to the cartridges and cartridge cases include breech marks, firing
pin impressions, extractor marks and ejector marks.
12. Where the class characteristics do not match or where there are certain dissimilarities no further
examination needs to be conducted.
13. Individual characteristics on the other hand are imperfections or irregularities with respect to one
particular fire arm.
14. They may be caused during manufacture or by use or damage or corrosion.
15. As they are characteristic to one tool, they help distinguish it from other tools.

44
16. For the purpose of forensic ballistics, it becomes necessary to check the range of the fire which
may be done by examining the photographs, sketches and description of the injuries, the
suspected fire arm and the ammunition used.
17. The existence of a muzzle (end of the gun from where the bullet is fired) pattern, it is a contact
wound as in suicide cases.
18. The whole charge consisting of projectiles, burnt or semi burnt powder, hot gases, wads, etc.
enters the target.
19. Where the hot gases cannot expand inside, they come out through the hole made and tear the skin
around the hole.
20. Scorching is caused where the shot has been fired from a close range. It is caused due to flame or
hot gases. It is also known as charring or burning or singing.
21. Blacking is caused due to deposit of smoke particles at close range by all types of powders.
22. However, blacking is most in case of gunpowder wherein the colour is black.
23. It is lesser in case of semi-smokeless powder and least in case of smokeless powder wherein the
colour is greyish black.
24. Tattooing is caused by embedding of unburnt or semi-burnt powder particles on the surface of the
target called peppering or stippling.
25. As these particles are heavier than the smoke particles, they retain motion for a longer period of
time and thus cover an area which is one and half times more than the blackening range.
26. Powder residue- The amount of powder residue that gets deposited on the target varies according
to the range of the weapon which is generally one metre (maximum) in case of most handguns.
27. There are also certain metal particles which are produced due to lead (bullet consists of lead)
fouling or scraping projectiles. These particles being heavier than the smoke particles and the
powder travel to a greater distance.
28. They depend on the ammunition and the fire arm used.
29. They cannot be detected by the naked eye and require soft x-rays or a chemical test to be seen.
30. In case of shotguns, the area covered by the pellets fired (pellet pattern) is directly proportional to
the distance between the muzzle of the fire arm and the target. Thus, the farther the target, the
greater the area to be covered.
31. This is dependent on the length of the barrel of the fire arm, the muzzle of the fire arm and the
type of ammunition.
32. A dirt ring is formed around the wound as most projectiles have grease around them. Dirt sticks
to such grease.
33. Such ring helps to indicate the entry of the projectile but does not help determine the range.
34. An entrance wound is caused from where the bullet enters the target and is smaller than the exit
wound.
35. It is usually smaller in diameter than the projectile. But, it may also be of the same or of a greater
diameter at times.
36. Such wounds may be circular, oval, key-shaped, ragged or explosive.
37. Explosive category of wounds is often confused with wounds caused by explosives. However,
they are caused by high velocity projectiles.
38. Exit wounds are generally irregular, though they may be circular or gaping at times.
39. The dimensions of exit wounds are ordinarily more than that of the entry wounds and their
diameter is more than that of the projectile.
40. The internal track through the target is either a straight tunnel or is zigzag due to deflection of the
projectile.
41. It may also be a multi-channel where there is fragmentation of the projectile or formation of
secondary projectiles.

45
Fire arms-

1. A fire arm is a device which is used to hurl a projectile(s).

2. The force for the same is due to the creation and expansion of air which is generally caused due
to burning of the powder charge.
3. In air rifles, the force is supplied by the expansion of compressed air.
4. A fire arm has been defined under the Indian Arms Act. (Definition important???)
5. Fire arms which can be easily loaded, carried and operated by a single person are called small
arms. These include hand guns such as revolvers and pistols.
6. Those which are to be first fixed at the shoulder and then used are called shoulder arms. These
include shot guns, machine guns, sub machine guns, rifles and muskets.
7. Machine guns and sub machine guns are automatic and fire a large number of bullets at the same
time.
8. Some fire arms found in crime situations in India include shot guns, sub machine guns,
improvised fire arms, pistols, revolvers and muzzle loaders.
9. Out of these, pistols and improvised fire arms are the most commonly found in India.
10. The four types of guns are semi-automatic, revolvers, shot guns and rifles.
11. Bullets are of four types, namely full metal jacket, soft point, hollow point and lead alloy.
12. There are also four cartridge markings, firing pin impression, breech lock impression, ejector
mark and extractor mark.
13. The Indian Arms Act defines ammunition as meaning ammunition for any arms.
14. The Act includes a number of articles in the definition of ammunition. However, ammunition
essentially includes projectiles, cartridges and propellants.

Parts and characteristics of fire arms-

1. Barrel- It is the metal tube through which the bullet comes out. It also allows for expansion of
gases and contains the cartridge. There is however no chamber in a revolver for a cartridge as
they are placed in a revolving cylinder.
2. The action in case of fire arms consists of the mechanism for loading of the weapon, firing,
followed by extraction and ejection of cartridges, the magazine and the safety devices.
3. It may be in the form of pump action, lever action, bolt action or it may be automatic as in the
case of machine guns.
4. The bore forms the inside part of the barrel. There may be some smooth bore weapons.
5. Bores are essentially of two types, smooth bore and rifle bore.
6. Smooth bore fire arms include signal pistols, muskets, shot guns, etc.
7. Here the barrel is smooth and the inner cross section forms a circle at all points.
8. The projectiles fired from such weapons include pellets and shots (small lead balls.) Sometimes
single projectiles like balls and slugs are also fired.
9. Fire arms which have a rifled bore include a service rifle, sporting rifles and machine guns.
10. It consists of grooves which are cut or formed in a spiral nature, lengthwise down the barrel.
11. Rifling is placed in the barrel of the fire arm so as to make the bullets spin and help them in
flight.
12. Generally most shot guns have no rifle. Most guns and rifles have rifling.
13. The breech is the end of the barrel which is attached to the action.
14. The bullets are the projectiles used in fire arms. They differ in fire arms for a variety of purposes,
such as they may be round nose or hollow point or jacketed or wad-cutter or semi wad-cutter, etc.
15. The calibre is the diameter of the bore which is measured from land to land and is expressed in
hundredth of an inch.
16. A cartridge which is also called around consists of a case, primer powder and the bullets.
46
17. It consists of the powder charge, the projectile charge, the cap composition and the shell.
18. The shell holds the other three parts of the cartridge.
19. The powder charge is separated from the projectile charge by way of wads especially in case of
shot gun ammunition.
20. The chamber is the portion of the action which holds the cartridge, ready for firing.
21. Land is the metal left inside the barrel left after the grooves are cut to form the rifling. It is the
raised point between two grooves.
22. Grooves are canal like furrows.
23. A magazine is a device which is used to store a cartridge in a repeating fire arm, for loading into
the chamber.
24. The muzzle is the end of the barrel from where the bullet exits.

The firing process-

1. When the trigger of the fire arm is pressed, it releases the hammer or the striker with a large
amount of force.
2. This compresses a highly pressure sensitive material, the cap compression contained in the
percussion cap.
3. The material catches fire and due to the heat produced, the powder charge catches fire. The
powder then turns into gases in no time.
4. As the volume of these gases produced increases, the pressure increases as well, releasing the
projectile from the cartridge and through the barrel.
5. The projectile comes out with high velocity and moves towards the target.
6. However, the velocity decreases where the target is far away from the fire arm. This is due to air
resistance and gravitational force which neutralises the same. Ultimately, the projectile falls to the
ground where its velocity decreases considerably.
7. In case of a rifled fire arm, the projectile has two motions, forward velocity and angular spin.
8. The angular spin is caused due to the rifling. In such a motion, the projectile spins on its
longitudinal axis.
9. This helps the projectile to reduce the air resistance, thereby increasing its velocity and the
trajectory is flatter.
10. Thus, the aim and range of the projectile is considerably improved.

Types of Fire arms-

1. Automatic is a common terminology used for a semi-automatic pistol.

2. In fact, there are only a few automatic pistols which continue to fire as long as the trigger is held
and the magazine is not exhausted.
3. Some pistols, machine guns and sub-machine guns belong to this category.
4. A semi-automatic handgun requires pressing the trigger each time so that it loads the cartridge
from a vertical maxim automatically.
5. There are also fully automatic machine guns and military weapons. However, these are all rifles.
6. Rifles are anything which is held with both hands.
7. Action in case of a rifle is supplied by way of lever action, bolt action, pump action and self
loading.
8. Rifles which have self loading are semi-automatic or automatic rifles.
9. A carbine is a short barrelled rifle.
10. A shotgun is a smooth bored short range shoulder weapon which fires small metal balls.
11. Single shot fire arms are target pistols. They must be loaded each time before firing. All shot guns
and some rifles are single shot fire arms.
47
12. Repeaters are weapons which have a magazine containing two or more cartridges. Thus,
extraction, ejection and reloading are done by way of a single manual operation.
13. Self loaders are weapons in which once a cartridge is fired, it is automatically ejected and a new
cartridge from the magazine is loaded. Thus, extraction, ejecting and reloading takes place in the
second and subsequent firing, till the magazine is exhausted. Pistols and modern service rifles
belong to this category.
14. Automatics- points 2 and 3
15. There are also Assault rifles such as AK 47, AK 56 and AK 74. These are both automatic and
semi automatic.
16. As they are being misused by insurgents, the Indian government has come up with the INSAS
5.56 to regulate their use.

Bullets-

1. Bullets are projectile pieces of cartridge. They have a lead core which is hardened within
antimony, copper, zinc or any other allow or inside a hard metal envelope.
2. A full metal jacket is one in which the core is as hard as the metal surrounding it.
3. A bullet comprises of a cartridge case, the primer powder and the bullet.
4. The cartridge case is made up of brass.
5. Its end may be rimmed, semi-rimmed or rim-less.
6. Where the bullet is rim free, the primer powder is found around the circumference of the rim and
thus the firing pin may strike anywhere. This is found in 0.22 calibre ammunition.
7. In case of a centre fire cartridge, the firing pin must strike the centre of the head so as to crush the
primer powder.
8. In most cases, the rim is provided so that the ammunition fits in better in the cartridge cases.
9. The primer powder is used to produce a small spark or flame which ignites the powder.
10. However, now days, smokeless nitro cellular based powder is also available.
11. The most common type of gunpowder today is the one which is made up of 75% of Potassium
nitrate, 15% of charcoal and 10% of sulphur.

Characteristics of Fire arm wounds

1. The study of wounds produced by missiles fired from fire arms is called terminal ballistics.
2. There are several factors affecting such wounds such as the type of wound, the distance, the
direction, the variations in ammunition, etc.
3. Gunshot wounds may be penetrating or perforating.
4. Further, they may be classified on the basis of the distance between the muzzle and the target as
contact, near contact, intermediate and distant.

Mechanism of injury-

1. The passage of a projectile or bullet causes several changes in the body.

2. The projectile when it enters the body possesses kinetic energy which is a result of its mass or
size and its speed or velocity.
3. When it touches the point of impact on the skin, it causes a wound through which it enters the
body.
4. After its entry, the projectile passes through the body by crushing the underlying tissues. It does
so by imparting kinetic energy to the tissues it comes in direct contact with.
5. Thus, it produces temporary cavitation on its track.
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Explosives-

1. An explosive is a substance which on receiving an impulse, undergoes rapid changes,

decomposes and gives out energy in the form of heat, light and pressure.
2. It also confers kinetic energy on all materials including decomposition particles which come into
contact with the expanding gases.
3. The decomposition and conversion to another substance is extremely rapid and self sustained.
4. Accordingly, explosives may be classified as low and high.
5. Low explosives burn rapidly and high explosives are ones which detonate.
6. Denotation is a rapid chemical reaction using the oxygen present in the material of the explosive
rather than that present in the air. It involves instantaneous decomposition.
7. The chemical reaction releases gases rapidly which expand and give off energy as they become
hot.
8. Low explosives are generally used in smokeless powder, flares and illumination devices.
9. They undergo decomposition because of a flame front which travels slowly through the material.
The deflagration (when hot burning material heats the next layer of cold material and ignites it)
rates vary from a few centimetres per second.
10. They are generally mixtures and cause lesser destruction. Hence, they are used primarily as
propellants.
11. High explosives on the other hand create more pressure, burn rapidly and detonate almost
instantaneously.
12. Dynamite is the first safe high explosive which will not accidentally explode even when it is
dropped, hit with a hammer or burnt.
13. Dynamites mostly consist of nitro-glycerine.
14. Most high explosives are used in mining, demolition or military warheads.
15. These undergo detonation at almost 1000 to 9000 metres per second.
16. High explosives have further been classified as primary, secondary and tertiary explosives
depending on their sensitivity.
17. Primary explosives are extremely sensitive to shock, heat and friction and will burn rapidly or
will detonate. The most commonly used primary explosive is nitro-glycerine.
18. Secondary explosives are also known as base explosives. These are relatively insensitive to heat,
friction and shock.
19. When exposed to heat or flame in small and confined quantities, they may burn. However, they
may or may not detonate.
20. They are generally added to blasting caps to boost their power.
21. Examples of such explosives include Dynamite, TNT, RDX, PETN and HMX.
22. Tertiary explosives are called lasting agents.
23. They are so insensitive to shock that they cannot be reliably detonated by way of practical
quantities of primary explosives. They thus need an intermediate explosive booster of secondary
explosives.
24. An explosive may consist either of a chemically pure compound such as nitro-glycerine or a
mixture of oxidizer or fuel such as black powder which consists of potassium nitrate, charcoal
and sulphur.
25. Plasticizers are explosives containing a number of compounds or ingredients.
26. It is soft and easily malleable by hand. They are advantageous as compared to pure explosives as
they are usable over a wider range of temperature.
27. They are generally used in demolitions as they can be moulded into various shapes in which the
structures need to be cut. They also have high velocity of detonation and have the density for
metal cutting work.
28. They are generally not used for ordinary blasting purposes.
49
29. Chemical explosives are compounds or mixtures which on application of heat or shock readily
decompose or rearrange themselves with extreme rapidity yielding much gas and heat.
30. A mixture of nitrogen and oxygen may be made to react rapidly in order to yield Nitric oxide.
31. In case of military explosives, only such materials/explosives as adhered to the stringent
characteristic requirements of a military explosive are used.
32. These include TNT, RDX and PETN which are the most commonly used. Tetnyte HMX is
another kind of military explosive.
33. Military explosives are seldom used singly.
34. Mostly dynamites are used as industrial explosives.
35. In industrial explosives, soil is added to the nitro-glycerine in a 25:75 ratio.
36. In fact in most dynamite sticks being used today, the content of nitro-glycerine is very less.
37. Other industrial explosives include gelignite, gelatines and nitro-cellulose.
38. Nitro cellulose is also known as gun cotton. It is made up of cotton or other cellulose by way of
nitration.
39. It is used in manufacture of ammunition either singly or in combination with nitro-glycerine.
40. Explosive nitro-cellulose is extremely unstable and decomposes.
41. Water explosives on the other hand do not contain nitro-glycerine.
42. They are solutions of nitrates such as Sodium nitrate, Ammonium nitrate and Calcium nitrate
which are the most commonly used. They contain 15% water.
43. Explosive emulsions are made up of inorganic nitrate mixed with fuel oils and wax with
emulsifiers.

Other explosives-

1. TNT or Trinitro Toluene is very powerful.

2. PETN or Penta Enithnitol Trinitrate is used in blasting caps and detonators as the basic charge. It
is usually used in booster charges and plastic explosives. It is highly stable and highly sensitive to
impact.
3. Nitro glycerine is pale yellow in colour and is highly dangerous in its liquid form. It is used in its
modified form as dynamite, gelignite, gelatine and plastic gelatine.
4. HMX is similar to RDX. It is used in rocket fuel and as a booster in artillery shells.
5. Aerosol explosive mixtures are non-explosive and explosive mixtures which are formed of
combustible gases.
6. They may also be volatile inflammable liquids such as petrol or combustible organic dust when
dispersed in air.

50
Unit V- A Medico-legal perspective

5.1. AIDS- Acquired Immuno Deficiency Syndrome- Legal Aspects

1. AIDS is a fatal transmissible disorder of the immune system that is caused by the Human
Immunodeficiency Virus (HIV). HIV slowly attacks and destroys the immune system leaving
individual vulnerable to malignancies and infections and eventually causing death. HIV is the
first stage of AIDS.
2. AIDS was first identified in the US in 1981 and diagnosed in homosexual men giving impression
that it was only inflicted in homosexuals. Later proved that it was contracted primarily through
sexual contact.
3. Intravenous drug users were infected mainly by sharing contaminated hypodermic needles. It was
tested to detect that HIV was contracted mainly through exposure to blood, semen and other
genital secretions and breast milk, not contagious through coughing, sneezing or casual physical
contact.
4. Major mode of transmission is through heterosexual intercourse. The virus can also spreads from
mother to child through placenta or breast milk.
5. Many have been infected by transfusion of contaminated blood or blood products prior to the
screening procedures in late 1980s. Most cases are reported in developing countries with South
and Southeast Asia reporting 20% of the global cases.
6. The high risk groups in the community include;
(a) Commercial sex workers;
(b) Eunuchs;
(c) Drug addicts.
7. Prevention and control:
No vaccine or cure has been developed for HIV and therefore measures are taken for prevention
like:
(a) Changes in sexual behaviour like monogamy;
(b) The use of contraceptives;
(c) Attempt to reduce intravenous drug use and to discourage the sharing of hypodermic
needles led to reduction in infection rates.
Treatment is limited to individual opportunistic infections that arise and administration of drugs
sch as azidothymidine (AZT), zidovudine, 3TC and dideoxyinosine.
8. Ethical considerations come to the fore in HIV positive cases:
(a) Duty towards care-
HIV status of person does not alter doctor’s duty to provide care and acceptance of
patient should be guided by same ethical considerations which govern acceptance of all
other patients.
(b) Rights of the patients-
(i) Entitled to proper diagnostic treatment and care;
(ii) Special emphasis on compassion and sympathetic management;
51
 (iii) No discrimination though due precaution should be taken to avoid spread of the
virus.
(c) Medical secrets-
Medical examiner should not volunteer to reveal confidential information revealed by
patient during treatment except in the court of law. The rule of confidentiality has been
made conditional in positive HIV cases by the SC.
(d) Voluntary disclosure-
Incase a HIV positive person wishes to get married without revealing condition the
medical practitioner can first request disclosure of the information and if fails then is
morally justified in warning the prospective spouse.
(e) HIV and MTP (Medical Termination of Pregnancy)-
The question of compulsory MTP of HIV mothers deserves legal elucidation as disease is
transferrable through placenta and breast milk. Hence, abortion is permissible under MTP
of HIV positive mothers.
(f) Spousal interest-
The conjugal rights of the person are affected by the HIV positive status of a spouse. Law
is of the view that it is obligatory to inform the spouse.
(g) Children of infected mothers-
While analysing blood samples of a new born baby for HIV the possibility of sero-
positivity due to maternal antibodies must be borne in mind. Grave social problems posed
for children who lost parents to AIDS.
9. Legal and ethical aspects: doctor’s duty to care:
(a) It is unethical for the doctor to refuse treatment where appropriate facilities available on
grounds of risk of personal risk.
(b) It is unethical for a doctor based on his moral judgment on the patient’s activities and
lifestyle which may contribute to the condition.
(c) Though these pose serious misconduct the code of medical ethics also state that a
physician should notify concerned public health authority of every case of communicable
disease in his care.
(d) The WHO guidelines state that there is no public health rationale to justify the isolation,
quarantine or discrimination of HIV status or sexual behaviour.
(e) The current approach to HIV positive or AIDS patients opposes mandatory testing or
isolation and making identity of such persons public.
10. Confidentiality:
While a physician is duty bound to maintain the confidentiality in accordance with right to
privacy of the patient, such non-disclosure may lead to violation of another’s right to be
informed. In such cases disclosure is not violative of Art 21 (Mr. X v. Hospital Y)

52
 5.2. Artificial insemination- medico-legal aspects

1. Artificial insemination is defined as deposition of semen in the vagina, cervix and uterus with
instrument to help bring about pregnancy of a healthy woman who is unable to conceive through
sexual intercourse with her husband.
2. Types of artificial insemination:
(a) AIH- Artificial insemination homologous – where husband’s semen is obtained through
masturbation and deposited in wife’s genital tract with help of instrument.
(b) AID- artificial insemination donor – where semen of some other healthy person other than
husband is introduced with help of instrument.
(c) AIHD- artificial insemination homologous donor- where husband’s semen is mixed with
pooled donor’s semen and introduced.
3. Indications or justifications: artificial insemination is only medically justified where it is
indicated. These indications include:
(a) Where husband is impotent but fertile or sterile;
(b) Where husband is suffering from such hereditary defect that is a contradiction to
paternity;
(c) Rh incompatibility between spouses;
(d) Where husband is suffering from mental disease;
(e) Where husband is suffering from congenital abnormalities like hypospadias or epispadius
which are not surgically curable.
4. Guidelines for artificial insemination:
(a) Written consent of both spouses is mandatory.
(b) The identity of the donor and recipient must be kept secret.
(c) There should be parity of race, religion and if possible morphological appearance between
husband and donor.
(d) The donor and wife must accept donation through masturbation of semen.
(e) A nurse or female attendant must be present during insemination.
(f) ICMR guidelines for insemination must be followed.
(g) The donor should be of less than 40 years of age, not related to either spouse, have children
of his own, and should be healthy physically and mentally without any hereditary diseases
and diseases like tuberculosis, venerable disease, epilepsy and endocrinal diseases.
Semen should be screened for HIV and kept frozen for 3months and not used till the result
of second test of pregnancy is negative.

Note: Material for the remaining topics in this unit has not been provided

5.3. Sexual offences- Rape, incest

5.4. Medical insanity and legal insanity
5.5. Legitimacy and legal aspects of marriage annulment

53
Unit VI- Medical Negligence and Liability

6.1. Concept of negligence, definition of medical negligence

1. Failure to act up to the standard of a reasonable man is negligence. Negligence has originated
from the Latin word ‘culpa’ which means state of the mind.
2. Negligence includes commission of a negligent act as well as omission to act leading to
negligence.
3. Negligence is the omission to do something which an ordinary prudent man guided by those
principles, which ordinarily regulate conduct of ordinary prudent man, would do or it is
commission which such ordinary prudent man would not do.
4. Negligence itself is a tort and is also a method of committing some other tort.
5. In Markland v. Manchester Corporation 1936 where corporation neglected leakage in water
pipeline and water converted to ice, a car skid on the ice killing a person. The court held it to be
negligence and ordered corporation to pay compensation.
6. Municipal Corporation of Delhi v. Sushila Devi (AIR 1999 SC 1929) where branch of a dead tree
on the road fell and hit a person. The court held corporation liable for negligence and to pay
damages for not taking proper care of dead tree on the roadside.
7. Justice Salmond said that Negligence, duty of care and degree of care are relative concepts.
8. Medical negligence is the breach of duty owed by a doctor to his patients which a prudent doctor
of average skill, knowledge and experience will not do.
6.2. Meaning and components of medical negligence

1. The main elements of Medical Negligence include:

(a) The physician owed a duty of care to the patient;
(b) The physician violated such duty of care;
(c) The patient suffered an injury;
(d) The patient suffered considerable loss due to such injury.
2. Doctors are known as professionals. They are those people who have knowledge and skills which
they exercise with reasonable degree of care and caution.
3. Where a medical practitioner holds himself out as a specialist, he will necessarily be judged by
higher standards. In the USA the ‘locality rule and specialist rule’ is widely followed.
4. The doctor patient relationship forms the foundation of legal obligation between doctors and
patients.

6.3. Liability of medical professionals for negligence

1. There are many regulations in India that regulate medical professional duties, these include:
(a) Indian Medical Council Act, 1956;
(b) Criminal matters against doctors under S. 304A of the IPC;
(c) Hippocratic Oath- Hippocrates was the Father of Medicine.
2. It is not correct to say that every moral obligation involves legal duty but every legal duty is
founded on a moral obligation.
3. Code of ethics is a self imposed code of conduct accepted voluntarily by the professionals.
4. The Medical Council of India has framed regulations regulating the conduct, etiquettes and ethics
of registered practitioners in exercise of powers conferred to it under S. 20A read with S. 33(m)
of the Indian Medical Council Act, 1956.

54
S. 20A read with S. 33(m):
1. Duties and Responsibilities of Physicians:
(a) Character of the Physician:
(i) A physician must uphold the dignity and honour of his profession.
(ii) The prime object is to render service to humanity.
(iii) No person other than a doctor having qualification recognised by the Medical
council and registered with the National or State Medical Council is allowed to practice
modern medicine or surgery.
(b) Maintaining good Medical practice:
(i) The Principle objective of the medical profession is to render service to the needy human
beings and should not associate professionally with anyone who violates this principle.
(ii) Membership in medical society.
(iii) Physicians should participate in professional meetings as part of CME for 30 hours
every 5 years.
(c) Maintenance of medical record:
Documents shall be issued within a period of 72 hours. Maintain register of medical
certificates giving full details of certificates.
(d) Display registration number: also recognised medical degree as suffix to the name.
(e) Use of generic names of drugs.
(f) Highest quality of assurance in patient care.
(g) Exposure of unethical conduct.
(h) Payment of professional services based on principle of ‘no cure no payment’.
(i) Evasion of legal restrictions.
2. Duties of physicians to their patients:
(a) Obligation to the sick-
No physician shall arbitrarily refuse treatment of a patient especially in case of emergency
must treat patient. In case not within range of expertise of physician then may refer patient
to another physician.
(b) Patience, delicacy and secrecy.
(c) Prognosis- physician should not exaggerate or minimise gravity of situation.
(d) Patient must not be neglected-
After taking up a case, should not neglect or withdraw from the patient’s case without
giving adequate notice.
(e) Engagement for an obstetric case
3. Duties of physician in consultation:
(a) Unnecessary consultations should be avoided.
(b) Consultation should be for the benefit of the patients.
(c) Punctuality in consultation.
(d) Difference of opinion should not be unnecessarily divulged upon.
(e) Patients should be referred to specialist.
(f) He shall display his fees and other charges on the Board in the Hospital visiting. Also
shall write name and designation on prescription letter head.
4. Responsibilities of physicians to each other:
(a) Dependency on each other in a sense of privilege and pleasure to render gratuitous service
to all physicians and immediate family.
(b) Conduct in consultation should be such as no insincerity, rivalry or enmity.
(c) Consultant should not criticise referring physician or take over the case.
(d) Appointment of substitute.
(e) Visiting another physician’s case.

55
5. Duties of physician to public and paramedical profession:
(a) Should co-operate with the authorities in the administration of sanitary or public health
laws and regulations like any citizen.
(b) For public health should notify public health authorities of every case of communicable
disease under his care.
(c) Pharmacists or nurses.
6. Unethical acts by physicians:
(a) Advertising:
Soliciting to patients directly or indirectly, or by printing self photograph. Exceptions to
the case are on:
(i) Starting practice;
(ii) Change of type of practice;
(iii) Changing address;
(iv)Temporary absence from duty;
(v) Resumption of or succeeding to another practice;
(vi)Public declaration of charges.
(b) Patents and copyrights of products of interest to large population.
(c) Running open shop.
(d) Should not receive or solicit or offer to receive or solicit rebates and commissions for
medical surgical treatment reference or procurement.
(e) Manufacture and use of secret remedies.
(f) Violation of Human rights.
(g) Euthanasia, abortion, cloning or transplantation of human organs.
7. Misconduct- professional misconduct renders liable for disciplinary action.
(a) Violation of the regulations;
(b) Non-maintenance of medical records or refusal to provide the same in time;
(c) Does not display registration number;
(d) Adultery or improper conduct;
(e) Conviction by court for criminal acts;
(f) Sex determination tests;
(g) Signing false professional certificates, reports and documents;
(h) Prescribing steroids or psychotropic drugs with no absolute medical indication;
(i) Performance or enabling performance of abortion or illegal operation without medical
indication;
(j) Shall not issue certificates of efficiency in modern medicine to unqualified person;
(k) Not discuss secrets of patient except in court of law or where serious and identified risk to
some person or community and notifiable disease;
(l) A physician is a specialist only if he has special qualification in the branch.
8. Punishment and disciplinary action:
(a) Enquiry-
On receipt of complaint of professional misconduct Medical council will initiate an
enquiry and give reasonable opportunity to be heard to defendant.
(b) Punishment-
On finding practitioner guilty shall award punishment as necessary which may involve
removal altogether or suspension of license.
(c) Restoration-
After suspension period is over, name of practitioner is restored in the register.
(d) Decision against delinquent physician should be taken within 6 months time limit.
(e) Interim order- during pendency of the complaint council may restrain physician under
scrutiny from performing procedure or surgery.
56
6.4. Medical Negligence and Consumer Protection Act

1. Section 2(1)(g) of the Consumer Protection Act, 1986 talks about deficiency in service.
It means fault, imperfection, short coming or inadequacy in the quality, nature and manner of
performance which is required to be maintained by or under any law for the time being in force or
has been undertaken to be performed by a person in pursuance of a contract or otherwise in
relation to any service.
2. The Consumer Protection Act talks about the 3Ds, namely:
(a) Duty;
(b) Default- arising from breach of duty;
(c) Damage- resulting from such breach of duty.
3. In civil and criminal cases against doctors for alleged Medical negligence the court shall refer
case to a competent doctor or committee of doctors. If prima facie negligence is proved only then
notice is issue to the concerned doctor.
4. Procedure in consumer forum or commission includes: (Martin F. D’Souza v. Mohd. Ishfaq 2009)
(a) Admissibility of complaint;
(b) Issue of notice on opponent;
(c) Submission of written statement by opponent;
(d) Rejoinder by complainant;
(e) Sub-rejoinder by opponent;
(f) Evidence by both parties;
(g) Oral and written arguments;
(h) Calculation of compensation under disability, general heads;
(i) Pronouncement of decree/judgment;
(j) Execution of proceedings.

6.5. Categories of negligence in medical care

1. Categories of negligence include:

(a) Contributory negligence;
(b) Vicarious liability;
(c) Informed consent.
2. Contributory Negligence:
Contributory negligence is a situation in which both the plaintiff (patient) and the defendant
(doctor) share in the negligence that caused injury to the plaintiff.
In Aslam v. Ideal Nursing Home; operation was to done for removal of uterus and patient had
consumed a lot of heavy food leading to emergency operation and death of patient. It was held
that the advice of the doctor was not followed and therefore no negligence by the doctor.
3. Vicarious Liability:
Vicarious liability is a legal doctrine that assigns liability for an injury to a person, who did not
cause the injury but who has a particular legal relationship to the person who did act negligently.
In M/S Spring Meadows Hospital v. Harjol Ahluwalia; patient had typhoid fever and injection
was to be administered slowly, patient collapsed attempts of CPR by doctors in the AIIMS
Pediatrics Unit and led to vegetative state. Court awarded compensation of 12.5 lakhs and
Commission further awarded 5Lakhs to parents for mental agony.
4. Informed consent:

57
 Each individual has a right to make decisions affecting their own well being. In case of a doctor
patient relationship the onus of disclosure lies upon the doctor.
The lack of consent is a matter of negligence as given in Sideway v. Board of Governors of
Bethlehem Royal Hospital.
In Samira Kholi v. Dr. Prabha Manchanda; an unmarried 44 yr old woman was advised
Diagnostic Laparoscopy for prolonged menstrual bleeding, while still unconscious doctor took
consent of mother to remove uterus and removed uterus, ovaries and fallopian tubes. Claim for
unauthorised removal of reproductive organs and negligence was dismissed.
In the case, SC laid down guidelines- to wait for the patient to gain consciousness to discuss
proposed treatment and let patient decide from procedures available. Exception in cases of
emergency and incapacity.

6.6. Judicial and legislative approach towards negligence

Higher degree of care:

1. Achutrao Haribhau K. V. S. O. Maharasthra; doctor and staff of govt hospital failed to remove
sponge.
2. Donoghue v. Stevenson; based on my neighbour theory where plaintiff’s girlfriend in mental
shock as decomposed snail found in her food in the restaurant.
3. C. Shivkumar v. Dr. John Mathur; doctor operated to cut off penis due to bleeding and blockage
of urine led to permanent impotency and directed to pay compensation to patient for 8 Lakhs.
4. Higher degree of care is expected from person who is providing health care services.

Absolute degree of care:

5. Ryland v. Fletcher- he who brings, keeps or collects anything which was not naturally there and it
escapes then person is liable for consequences of such escape.
6. M.C. Mehta v. UOI- Oleum gas leak and Union Carbide Case- Bhopal gas leak.
7. Now day’s court expects absolute degree of care and not ordinary degree of care. The exception
to the rule of strict liability is act of god or vis major.
8. Another concept used by the court is Res Ipsa Locquitor which is things speak for itself. The
prima facie evidence is sufficient to decide the case.
(a) Delhi Municipal Corporation v. Shubhagwanti – the British time tower clock collapsed
killing one. Compensation awarded on basis of expert witness of engineer.
(b) Asha Rani v. Delhi Municipal Corporation- electric supply was through live open wires.

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Unit VII- Techniques used for forensic analysis

7.1. Polygraph (Lie detector)

1. In 250 BC, the Greek physician, Erasistratus observed that the human pulse rate increases when a
person is lying.
2. The first time an instrument was used to detect lying was in the 1880s when Italian criminologist,
Cesare Lombroso designed an instrument which measured blood volume changes in order to
detect physical changes when a person is lying.
3. Lombroso’s experiment was successful as he managed to catch a murderer from amongst a group
of suspects.
4. Similarly, today a lot of emphasis is given to a polygraph or a lie detector.
5. One of the main factors which must be kept in mind by the court while admitting evidence is the
expertise, training and experience of the polygraphist.
6. The following factors must be kept in mind before using the services of a polygraphist-
(a) A polygraph test helps in detecting whether the person is lying or is telling the truth. Thus, the
result of the test can be used to give direction to the investigation.
(b) There may be certain physical or mental or other factors that affect such test. Hence, it may be
carried on at a later date as well, so as to confirm the results of the previous test.
(c) There may be a chance of an error (including human errors) in the outcome of the test and the
same must not come as a surprise.
(d) The test should be conducted only when a decision is taken in this regard. A person shall not
be presumed to be telling the truth merely because he agrees to a test.
(e) A polygraph test is generally used for a single crime. However, sometimes it may be carried
out at a later stage where more than one crime is involved.
(f) When a person is to be examined, all other interrogation must cease till the time the test is
completed. There must be no interrogation on the day of the examination.
(g) Where the person to be examined suffers from any physical or mental or other disabilities, it
does not mean that such person cannot be successfully examined.

7. The polygraph is known to be more accurate than most other lie detectors as it uses at least five
primary body reactions at a time, unlike other devices which use only one.
8. The technique of using control question as in case of a polygraph has proven to have given more
effective results.
9. Laboratory studies conducted have concluded that the reliability of a polygraph is about 90%.
This accuracy is dependent on the polygraphist as well.
10. It must be ensured that the person to be examined is in his best physical and mental condition.
11. Such person must be adequately rested and fed. A person must not be tested immediately, unless
there is an absolute necessity.
12. Where a person has been physically abused or excessively hurt than what was required at the time
of his arrest, he is not fit to be tested.
13. The person to be tested must continue his regular intake of drugs, medicines (including
tranquilizers) and alcohol both before and after the test.
14. The person must be made to realise that the polygraphist has a scientific and impartial attitude
and is only seeking the truth.
15. The theory underlying a polygraph test is that the autonomic nervous system of a person
undergoes physiological changes when he is being tested.

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16. Certain physiological changes which are monitored are blood pressure, heart beat, stomach
breathing, chest breathing and galvanic skin response (GSR).
17. A blood pressure cuff like one used by physicians is used to monitor blood pressure and heart
beat.
18. Pneumograph tubes fastened to a person’s chest and abdomen are used to measure changes in the
chest breathing and stomach breathing of a person by monitoring the expansions in the person’s
abdomen and chest.
19. Finally, some attachments are fastened to a person’s fingers to monitor a minute electric current
flowing through the person’s body or GSR.
20. Physiological changes occurring in the body are recorded simultaneously by a continuously
moving chart.
21. An average polygraph test takes about 2 hours to be completed.
22. It comprises of two stages- the pretest interview and the actual testing.
23. During the pretest interview, the person is mad aware of the questions he will be asked. Herein,
he practices answering the questions in the same manner as they will b answered in the test.
24. Thereafter, there are three tests conducted by the polygraphist, with an interval between each.
25. Two special tests are also conducted in order to ascertain whether the person may be tested.
26. After these five tests, the polygraphist can come to the conclusion as to whether the person tested
is being truthful or not.
27. Where the polygraphist finds out that the person is lying, he shall ask him to provide an
explanation for the same.
28. Where no explanation is provided and the circumstances of the case so demand, the polygraphist
can administer the peak-of-tension tests to the person being tested in order to obtain additional
tracings.
29. In Frye v. United States, the Federal Court of Appeals of the District of Columbia rejected the
admissibility of results of polygraph tests as evidence.
30. It was stated that expert evidence relating to scientific techniques required such technique to have
acquired general acceptance and scientific recognition.
31. Accordingly, the deception test used was rejected.
32. The ruling in Frye was followed in several subsequent cases, whether such evidence was put forth
by the prosecution or the accused.
33. However, in Daubert v. Merrell Dow Pharmaceuticals Inc., it was held by the United States
Supreme Court that Federal rules of evidence which include the evidence given in the course of
expert testimony when scientific, technical or other specialised knowledge is involved.
34. What must be seen is whether the expert testimony is based on scientifically valid reasoning and
methodology. Certain other factors including general acceptance also play a major role.
35. Thus, the Frye judgment now stands overruled in the United States. Most courts resort to either
the Daubert principle or any other standard for determining the admissibility of expert evidence.
36. Polygraph evidence is also admissible in the United States where a stipulation or agreement has
previously been signed by both parties stating that such evidence shall be admissible.

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7.2. Voice analysis

1. The voice of any person or any animal for that matter is unique, personal and inimitable. Thus,
they are easily identifiable especially where a person is standing at very short distance from
another.
2. After the development of various modes of communication such as telephones, mobile phones,
etc. it has become difficult to exactly identify the voice of people. This has been used by
criminals to their advantage.
3. However, the voice analysis technology as is being used today can easily help identify a person’s
voice.
4. Voice analysis is important for the following purposes-
(a) Profiling of criminals
(b) Determination of integrity of utterance
(c) Enhancing the intelligibility of the utterance
(d) Transcription and analysis of the disputed utterance
(e) Identification of the speaker

5. Voice analysis is being extensively used today for tracking terrorists, spies, corrupt officials
claiming they have been framed, ransom cases, drug deals, bomb scares, match fixing scandals,
etc.
6. When we use energy to create noise, vibrations are produced in the vocal cords and other organs
such as the lungs, larynx, mouth, tongue, lips, teeth, jaws and other parts of the face as are
stimulated by the brain in this regard.
7. The nature of the sound produced depends on the number of organs involved, their dimensions,
the density of tissues, elasticity and their positioning.
8. A speech pattern is formed as the sound produced by these organs has unique characteristics.
9. Language consists of phonation and articulation.
10. In phonation, acoustic signals called phenomes are created. These phenomes are modulated to
create intelligible words. This is called articulation.
11. Voice variations may either be inter speaker variations or intra speaker variations.
12. Inter speaker variations are variations in the voices of different speakers.
13. These are due to both organic (positioning of organs used in speech, etc. as seen earlier) as well
as inorganic reasons.
14. Inorganic reasons include the learning process of speech, regional differences, social structures
and level of education.
15. Intra speaker variations refer to variations in voice in the same speaker at different points of time.
16. This may be due to various reasons such as emotions, emphasis on a particular word, disease,
mode of speech, mood of the speaker, influence of alcohol, etc.
17. Voice analysis may be done in two ways, namely by identification by persons such as witnesses
or victims and by voice analysis by recorded voice.
18. Voice analysis by recorded voice may be done by the mechanical mode, the magnetic mode, the
electronic mode and the optical mode.
19. The mechanical mode is no longer used.
20. The magnetic mode involves recording of voice in devices such as micro cassette recorders,
compact cassette recorders, reel to reel recorders, camcorder analog audio recorder, video tape,
answering machine, etc.
21. The electronic mode is most commonly used in a criminal investigation due to its superior
quality.
22. The devices used in this case include digital audio tape recorder, audio recorder, digital computer
cassette recorder, computer disc drive, semi conductor memory, IC memory, etc.
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23. The devices used in the optical mode give a very fine performance and include CDs, CD ROMs,
CD-RC, CD-RW, DVD, Mini disc, etc.
24. Speaker identification is done by the following three methods-
(a) Speaker Recognition through listening (SRL)
(b) Visual evaluation of Voice Spectrogram for Speaker Recognition (SRS)
(c) Automatic Speaker Recognition through computers (ASR)

25. In SRL, the voice analysts listen to the voice of the person to be identified and come to a
conclusion. It thus saves time and money.
26. This method is however not effective when the listener is already familiar with the voice of the
speaker as the brain automatically recognises the pattern of the sound.
27. However, at most times in crime situations, both experts as well as laymen are made to identify
voices which are not familiar to them.
28. The SRS involves the usage of a device called Sound Spectrograph which helps visually
represent the voice of a person by creating a graph showing the frequency and intensity factors of
the voice.
29. The spectrograph only requires a limited amount of utterance at a time, which can be recorded in
one revolution of the drum.
30. Thus, the spectrograph converts sound energy to electrical energy. The graph which is produced is
called voice print.
31. Voice prints have the same evidentiary value as finger prints. They are not conclusive evidence.
This is because there are several loopholes associated with the same.
32. Thus, even though it may not provide positive proof by itself, it may be used as corroborative
evidence.
33. A spectrograph consists of the following parts-
(a) A magnetic recorder
(b) An electronic filter
(c) A rotating drum which is made up of paper and on which the spectrograph is made
(d) An electronically operated stylus to record the graph

34. The process involves recording of utterances of relevant words by suspects in a recorder which is
similar to the one which recorded the disputed voice.
35. Thereafter, the spectrograph prepares a spectrogram (graph) of both the voices, which are then
compared.
36. The spectrograph involves horizontal dimensions, vertical dimensions and shade intensity of the
trace.
37. The horizontal dimension indicates the time interval between the speech signals.
38. The vertical dimensions indicate the frequency.
39. The darkness (shade intensity) indicates the intensity of the loudness of the voice.
40. In ARS, computers are used to identify, analyse and quantify certain voice identification
parameters especially speech peculiarities and voice qualities.
41. There are also several non language parameters such as the breathing pattern, visual evidence of
the speaker, etc.
42. Analysts often depend on more than one method. They mostly combine the SRL with the ARS.

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7.3. Hypnosis

1. Hypnosis is where the subject of the hypnosis accepts the suggestion of the hypnotist non-
critically.
2. The reasoning faculties of the person under hypnosis are suppressed.
3. Hypnosis is very popular in the field of medicine. Now, it has gained importance even in criminal
investigations.
4. Certain advantages of hypnosis are as follows-
(a) To make victims remember things which they have forgotten
(b) To check false allegations levelled against a person
(c) To check persons who are faking injuries
(d) To ensure that the witness tells the truth
(e) To gather hidden physical evidence such as the weapon used, etc.
(f) To strengthen members of the police force, spies, saboteurs, etc.

5. However, hypnosis can also be misused in the following manner-

(a) It can be used to make a person commit an offence
(b) Persons may be hypnotised to give away their property, etc.
(c) It may be used to make persons give a false alibi, make false confessions, forget certain
events, etc.

6. Hypnosis depends both on the nature of the subject as well as the expertise of the hypnotist.
7. Women, children and nervous persons are known to respond to hypnosis better.
8. Hypnosis however has not yet become accepted totally as a technique in police investigation in
India.

7.4. Narco-analysis

1. Narco-analysis has been used by investigating officers as an alternate mode of investigation.

2. It is popularly known as the truth serum test wherein certain sedatives and drugs are administered
to the subject so as to bring out repressed feelings, thoughts and emotions.
3. It must be used only in compelling circumstances where the response of the subject is very
important.
4. Some drugs/sedatives used in narco-analysis include Seconal, Hyoscine (scopolamine), Sodium
amytal, Phenobarbital and Sodium pentathol.
5. Thiopental Sodium which is popularly known as Sodium pentathol is the most commonly used
drug in such tests.
6. It is soluble in water and is a sedative which is used as an anti-depressant.
7. If it is taken in large quantities, it may even lead to cardio-vascular depression, ultimately leading
to a state of coma.
8. In narco-analysis, 3 grams of Sodium pentathol dissolved in 3000ml of water is administered to
the subject with 10% dextrose and the help of an anaesthetist.
9. This is done over a period of 3 hours.
10. Such injection draws the subject to a state of hypnotic trance.
11. Such state is recorded both in audio as well as video cassettes and are represented on a
videograph.
12. The questions are repeated so that ambiguity in the test is reduced.
13. After the examination, the subject is allowed to rest for 2 to 3 hours.
14. The report prepared is very important in collecting evidence.
15. In India, such tests have been conducted since 2000.
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16. Certain examples of cases where the test has been conducted include the Godhra riots case
(conducted at the SSG hospital in Vadodara), Stamp Paper investigation involving the
investigation of Abdul Karim Telgi and Mohd. Abdul Wahid Qadri, examination of suspects in the
Nithari case (in the Gandhinagar hospital), narco-analysis of Abu Salem where he allegedly
revealed missing links in various cases, etc.
17. However, results of narco-analysis can seldom be admissible as evidence as the statements are
made by a person in a semi conscious state.
18. Further, tests have shown that it is possible to lie while the test is being conducted.
19. In India, results of narco-analysis are not allowed as evidence primarily due to the fact that it
violates the fundamental right to freedom against self incrimination as under Article 20(3).
20. The test also depends on the expertise of the person conducting the test as well as the
administration of the correct dosage required for a particular person.
21. Such methods have come under increasing criticism from the public as well as the media.
22. The test is to be conducted by an anaesthesiologist, a psychiatrist or clinical/forensic
psychologist, an audio-videographer and supporting nursing staff.
23. The forensic psychologist shall prepare a report as regards the revelations made and this shall be
accompanied by a CD of the same.
24. However, brain mapping and polygraph tests may be conducted as well to verify the results of the
narco-analysis.
25. Brain mapping or brain printing is another test which is carried on with the help of an instrument
called the Encephalograph.
26. When the subject is shown certain pictures related to the crime, his brain recognises the entity and
activity is created in the brain.
27. Such activity is recorded by the Encephalograph and the trace thus obtained is called
Electroencephalogram (EEG).

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