PART-A

Answer no 1(a)

Forensic Toxicology: It is the use of toxicology and disciplines such as analytical chemistry,
pharmacology and clinical chemistry to aid medical or legal investigation of death, poisoning,
and drug use. A toxicological analyses can be done to various kinds of samples.

Answer no 1(b)

In Section 174 and 176 of CrPC inquest report is given.

 Answer no 1(c)

Forensic Pathology: Forensic Pathology is the main field of forensic medicine which
involves all matters diagnosed at autopsy such as the cause of death, determination of time of
death, estimation of degree/properties of injuries, personal identification of an unidentified body.

A postmortem is performed by medical examiner, usually during the investigation of criminal

law cases and civil cases in some jurisdictions.

Answer no 1(d)

Trace evidences: The word trace means small or minute. Trace evidence refers to evidence
that is transferred from one person to another person or place. In the forensic world, this concept
is known as Locard’s Exchange Principle. The man running through the woods may have taken
precautions not to be seen by anyone, but there are several different kinds of trace evidences that
can be collected from a crime scene that could lead to his arrest.

Answer no 1(e)

Medical Report: This is a document prepared by a medical man in response to a request from
some investigating authority, either a police officer or a magistrate. Medico-legal reports are
usually made in criminal cases, and are meant for the guidance of the investigating authority.

PART-B

Answer no 2(a)

HISTORY OF FORENSIC SCIENCE

The history of Forensic Science dates back thousands of years. Fingerprinting was one of its first
application. The ancient chinese used fingerprints to identifies business documents. In 1892, a
eugenicist (an adherent of the often prejudiced system of scientific classification) named SIR
FRANCIS GALTON establishes the first system for classifying fingerprints. Sir Edward Henry,
commissioner of Metropolitan Police of London developed his on system in 1896 based on the
direction, flow, pattern and other characteristics in fingerprints. The Henry classification system
became the standard for criminal fingerprinting techniques worldwide.

In 1835, Scotland Yard’s Henry Goddard became the first person to use physical analyses to
connect a bullet to the murder weapon. Bullet examination became more precise in 1920s, when
American physician Calvin Goddard created the comparison microscope to help determine
which bullets came from which shell casings. And in the 1970s, a team of scientists at the arrow
space corporation in California developed a method for detecting gunshot residue using scanning
electron microscopes.

In 1836, a Scottish chemist named James Marsh developed a chemical test to detect arsenic,
which was used during a murder trial. Nearly a century later, in 1930, scientist Karl Landsteiner
won the noble prize for classifying human blood into its various groups. His work paved the way
for the future use of blood in criminal investigations. Other tests were developed in the 1900s to
analyze saliva, semen and other body fluids as well as to make blood tests more précised.

With all of the new forensic techniques emerging in the early 20 th century, law enforcement
discovered that it needed a specialized team to analyze evidence found at crime scenes. To that
end, Edmond Locard, a professor at the university of Lyons, set up the first police crime
laboratory in France in 1910. For his pioneering work in forensic criminology, Locard became
known as “ The Sherlock Holmes of France”.

August Vollmer, chief of the Los Angeles police, established the first American Police Crime
Laboratory in 1924. When the federal bureau of investigation (FBI) was first founded in 1908, it
didn’t have its own forensic crime laboratory- that wasn’t set up until 1932.

By the close of 20th century, forensic scientists had a wealth of high tech tools at their disposal
for analyzing evidence from Polymerase Chain Reaction (PCR) for DNA analyses, to digital
fingerprinting techniques with computer search capabilities.

Importance of Forensic Science

The word “forensic” has its root in the Latin words “forenses” which means a forum. Back in
early Rome, a forum referred to a public place where judicial proceedings and debates were held.
Thus, the origin and the very definition of ‘forensic science’ points to its close association with
the legal system. Forensic science involves the collection, preservation, and analysis of evidence
suitable for prosecuting an offender in the court of law. The application of forensic science in the
criminal justice system is, therefore an apparent picture.

The legal system widely recognizes the role of forensic evidence in the trial of criminal
offenders. This is because when scientific techniques and methods are used, there is not much
scope for bias or injustice. That is why DNA profiling and a host of other forensic evidence are
widely accepted in courts across the world. Interestingly, the first forensic technique ever used
involving finger and palm print identification dates back to the chinese.

Forensic evidence is extensively used worldwide to both convict and exonerate defendants. Thus,
forensic science laboratories have mushroomed up all over the globe in the past couple of
decades. In fact, special acts have been enacted in the US, Canada, and Australia to improve the
rendering of forensic services. This would ensure that crimes are detected with greater certainty
and consequently conviction rates can increase. Such acts place a great emphasis on time
efficient and quality management of crime scene.

 Crime-Solving Contributions: Forensic Science contributes to solving crimes through

investigate activities like determining the cause of death, identifying suspects, finding
missing persons and profiling criminals.
 Determining Cause of Death: Forensic Pathologists determine someone’s cause of
death by performing autopsies. During these procedures, they examine fluids and tissues
from a body to find out the cause of death and the manner of death(for example, natural
causes or homicide).
 Identifying Suspects: Forensic Scientists can identify suspects by analyzing evidence
found at the scene of a crime- such as fibers, hairs, blood, and fingerprints. These
methods are also used to exonerate the innocent.
 Finding Missing Persons: Forensic artists can help find people who have been missing
for long periods of time through the process of image modification. In this technique, a
photograph is aged to illustrate what someone may look like years after last being seen.
This is also a tool that is used to find criminals who have eluded justice.
  Profiling Criminals: Forensic psychologists use profiling to help find suspects. By
analyzing a crime scene, they are able to determine a criminal’s patterns and personality
in an effort to narrow the suspect pool.

Answer no 2(b)

Toxicology is the study of the adverse effects of drugs and chemicals on biological systems. It
is understood as that branch of science which deals with poisons, and a poison can be defined as
any substance that causes a harmful effect when administered either by accident or design, to a
living organism. Toxicology does embrace the study of deleterious effects of substance exposure
not only to the human body but also to the environment and all other organisms existing in the
environment.

Forensic Toxicology, is the use of toxicology and other disciplines such as

analytical chemistry, pharmacology and clinical chemistry to cases and issues
where those adverse effect have administrative or medico- legal consequences, and
where the results are likely to be used in the court. It is a thoroughly modern
science based on published and widely accepted scientific methods and practices,
for both analysis of drugs in biological materials, and interpretation of those
results.

The first comprehensive work on Forensic Toxicology was published in 1813 by Mathieu Orfila.
He was a respected Spanish Chemist and the physician who is often given the distinction of
“Father of Toxicology”.

Forensic Toxicology is governed through various professional certifying and accrediting boards
in various places such as- The American Board of Forensic Toxicology(ABFT) and promotes
professional development and education through major professional organisations, the Society of
Forensic Toxicologists (SOFT), the American Academy of Forensic Sciences (AAFS), and
international organisations such as The International Association of Forensic
Toxicologists(TIAFT).

Systematic Toxicological Analysis

Sampling is of the utmost importance for a successful systematic toxicological analysis(STA).
The reliability and accuracy of any toxicological result is usually determined by the nature and
integrity of the specimens provided for analysis. Appropriate selection, sampling and proper
storage of biological evidences are important, yet sometimes overlooked, steps in forensic
toxicology, particularly when the results are to be used in the judicial system. To address the
issue of sampling for forensic toxicological analysis, selection for forensic toxicological analysis,
selection of proper specimen, availability and recommendations of specimen types, amounts that
should be collected and submitted to laboratories expected to perform STA, and criteria for
ensuring quality assurance in sampling collection is pertinent. STA involves the identification of
a “general unknown”, as opposed to the detection of common drugs or metabolites from a finite
list.

In Forensic Toxicology, the purpose of sampling is to provide a representative part of the whole
that is suitable for screens and confirmation, affords reliable interpretation, and, when possible,
allows for subsequent re analysis, if required. Given this, it should be recognized that sampling is
case dependent.

Sampling Includes:
a. Selection of sample materials suitable for analysis
b. Sampling at the correct point of time
c. Sufficient quantity
d. Suitable sampling technique
e. Adequate container
 f. Unique labeling
g. Appropriate storage
h. Packaging, transport or handing over of samples with a request form
i. Confirmation of receipt in the laboratory, intermediate storage until analysis is performed
j. Storage mode and time of remaining material in storage
k. Disposal of Samples
l. Complete documentations of all individual steps in the procedure (chain of custody)

Samples used in Toxicological Studies

1. URINE

A urine sample is quick and easy for a live subject, and is common among drug testing for
employee of athletes. Urine sample do not necessarily reflect the toxic substances unless the
subject was influenced by it at the time of the sample collection. Urine is a valuable specimen for
both ante mortem and post mortem drug testing because it is a relatively uncomplicated matrix.
The amount required for sampling is 50 ml or total amount. It is considered as the nest specimen
for comprehensive drug and poison screening is urine.

2. BLOOD

Blood provides unique advantages over other matrices in terms of the wide variety of analytical
methodologies available. A blood sample of approximately 10 ml is usually sufficient to screen
and confirm most common toxic substances. A blood sample provides the toxicologist with a
profile of the substance that the subject was influenced by at the time of collection; for this
reason, it is the sample of choice for measuring blood alcohol content in drunken driving cases.
For cases of poisoning where gaseous or volatile substances are involved, samples of brain, lungs
and blood must be collected immediately using gas-tight containers, and if possible, tarred,
cooled gas containers. Maintaining a frozen fraction of blood may help ensure better analyze
stability in later re analyses.

3. HAIR
Hair has been used in variety of toxicology settings to provide a history of drug exposure and has
therefore found applications in workplace drug testing, in monitoring of persons on probation or
on parole for drug use, in insurance testing to verify the truthfulness of statements made by
applicants relating to whether they use drugs or are smokers, in drug-facilitated sexual assault
and in other types of criminal case work. Hair is cpable of recording medium to long term or
high dosage substance abuse, Chemicals in the bbloodstream may be transferred to the growing
hair and stored in the follicle, providing a rough timeline of drug intake events. However, testing
for drugs in hair is not standard throughout the population.

For eg: If two people consumed the same amount of drugs, the person with the darker and
coarser Hair will have more drug in their hair than the lighter haired person when tested. The
raises issues of possible racial bias in substance tests with hair samples. Approximately 100-2000
mg of hair should be collected from the vertex posterior on the back of the head by cutting as
close to the scalp as possible, ensuring that it is clearly marked which end is closest to the scalp
and approximately securing the hair into a bundle with a rubber band, twist tie, or string. The
hair sample may then be placed into aluminum foil, an envelope, or plastic collection tube and
stored at room temperature until analysis. Therefore concluding that, hair is considered as one of
the most useful specimens for STA, when there has been a significant delay between suspected
exposure to a drug or poison and reporting to law enforcement.

4. ORAL FLUID

The use of oral fluid is gaining importance in forensic toxicology for showing recent drug use,
e.g. in clinical settings or investigation of driving under influence of substances. It can be
collected non- invasively, conveniently and without invasion of privacy and is most commonly
collected fluid from the oral cavity for the determination of drugs. The use of oral fluid is gaining
importance in forensic toxicology for showing recent drug use, e.g. in clinical settings or
investigation of driving under influences of substances. It is composed of many things and
concentrations of drugs typically parallel to those found in blood. Sometimes referred to as ultra
filtrate of blood, it is thought drugs pass into oral fluid predominantly through a process known
as passive diffusion. Drugs and pharmaceuticals hat are highly protein bound in blood will have
a lower concentration in oral fluid.
5.Vitreous humor

It is one of the post-mortem specimens. The availability of autopsy specimens in post mortem
toxicology allow for a more flexible analytical approach to the analysis, although some
specimens have more value than others when specific drugs or poisons are involved in the death.
The fact that vitreous humor resides in an anatomically isolated and protected area of the
body(behind the lens of the eye), coupled with its good stability as a biological fluid, makes this
specimen more resistant to putrefactive changes than other post mortem specimens. All available
vitreous fluid from each eye should be collected separately. Vitreous humor is particularly useful
for postmortem analysis of glucose, urea nitrogen, uric acid, creatinine, sodium and chloride.
These are important analysis for the evaluation of diabetes, degree of hydration, electrolyte
imbalance, postmortem interval and the state renal function prior to death.

6.Gastric contents

Gastric content is a potentially valuable specimen for analysis in postmortem and clinical cases.
Oral ingestion remains the most popular means of exposure to drugs and poisons. Therefore,
gastric contents are essential for screening tests. All of the available sample should be collected
without the addition of a preservation. Undigested pills and tablets should be separated and
placed into plastic pillboxes for analysis. After opening the abdominal cavity, the stomach
should be tied off and then removed, subsequently emptying the contents into a container and
documenting the total amount. Suspicious items such as tablet remnants and herbal matter etc.
should be isolated, dried (e.g. on cellulose tissue) and stored separately. Gastric contents are non-
homogeneous and should be homogenized prior to sampling.

Answer no 2(c)
Provisions related to inquest report under sections 174 & 176 of Cr PC

Inquest report is prepared by district magistrate, Additional District Magistrate, Sub Divisional
Magistrate, or Mandal Executive Magistrate specially empowered in this behalf by the State
Government when the deaths are sudden and unexplained.

The deaths that the Section 174 talks about are:

 Suicide
 Murder
 Animal attack
 Death by machinery
 Death under circumstances raising reasonable suspicion that some other person has
committed an offence

For preparing the report, the magistrate shall be investigating the cause of death. In the report,
the magistrate must describe the apparent cause of death where he shall describe the smallest of
details that he come across upon investigation of the dead body. Some of the details that the
magistrate must describe are :

 Nature of surrounding where the dead body is found.

 Any wounds, fractures, bruises, and other marks that they may be found on the body. The
magistrate must state the manner in which any wound or injury or any other mark
happened to be on the body, whether the mark is by birth, or otherwise that caused the
death of the person.
 The marks if cause by any weapon or an instrument.

In the case of Kuldeep Singh vs. State of Punjab, the Supreme Court has held that the contents
of inquest report cannot be treated as an evidence, but they can be looked into to test the veracity
of a witness.

Duties of Magistrate under section 174

Section 174 lays down the duties that a magistrate must do upon intimidation by the police
officer of the cases of unnatural death. The police officer is bound to give intimidation to the
nearest magistrate who is empowered to hold inquest, when he receives an information regarding
the unnatural death of person.

1. The foremost duty of a magistrate is to be determined the cause of natural death. The
magistrate shall examined and body and upon investigation conclude as to the reason
which caused the death of the person. The death may be caused by any reason as
mentioned in section 174 of Cr PC.
2. Since section 174 is very limited in its scope, therefore it is restricted to the suspicious
circumstances that cause the unnatural death of the person and the magistrate has no
scope or authority under this section to trace the person who as so caused the death.
In the case of Radha Mohan Singh vs. State of UP, the Supreme court held that section
174 is limited in confined to the ascertainment of the apparent cause of death. The
magistrate is therefore bound by the limited scope of section 174 and does not have to
trace the person who has caused the death or determine who assaulted the dead person or
in what manner or under what circumstances, etc. It is duty of the magistrate therefore to
not mention the name of the accused on the inquest report. It will lead to the report being
held unsustainable.
3. In case no foul play is found in the death of the person, the dead body must be handed
over to the legal heirs of the deceased.
4. In cases where there is suspicion over the death of the deceased, then the dead body must
be sent to the government medical officer for postmortem.
5. The magistrate need not examine all the witnesses while performing investigation for a
cause of unnatural death. In the case of Shakila Khader vs. Nausher Gama, the apex
court held that for the purpose of preparing the inquest report, there need not be
examination of all the witnesses as the purpose of the inquest is only to establish the
cause of death.
6. The repost must be prepared by the magistrate in a prescribed format. But if a report is
not prepared in a prescribed format, the report cannot be declared as unacceptable.
7. The magistrate must conduct the investigation in presence of two or more respectable
inhabitants of the neighborhood. In case when no resident is there on the spot or when no
 one volunteers to be a witness of the investigation, the inquest report may be prepared
without the presence of respectable citizens.
8. On completion of the report, the magistrate must get such report signed by the police
officer who informed him of the death and other person as well who were part of the
investigation. The report must be then forwarded to the district magistrate or the Sub-
Divisional Magistrate.

Police Investigation in case of Suicides

The incoming of The Mental Healthcare Act,2017 has decriminalized suicides. Section 115 of
the said act overrides the provision of section 309 of IPC; the person committing suicide shall be
presumed to be innocent unless proven otherwise. So, now a person cannot be arrested for
making an attempt to commit suicide and therby no FIR, there is no restriction on filing of a FIR
in cases of abetment to suicide. If a person commits suicide, firstly it is the duty of the Medical
Examiner to determine the cause of death of the person whether it is caused due to natural,
accidental, homicidal or suicidal. After the determination that the death is caused by suicide, the
police officer need to step up and perform the necessary functions. He shall investigate into the
matter and determine the reasons of the suicide.

It is the duty of the police officer to collect evidence so as to the manner of death due to suicide.
The evidence may be physical, documentary or circumstantial. Physical evidence includes
fingerprint, blood etc. Documentary evidence includes testimonials or records that are on paper.
Circumstantial evidence includes chronological presentation of facts.

If the investigation states that a person has abetted the suicide, a FIR shall be lodged against such
person and he shall be arrested. If the police are reluctant to file a FIR, then a private complaint
with a judicial magistrate court under section 156(3) of CrPC can be made and the magistrate
may direct the police to investigate and lodge a FIR.

If the investigation for a suicide is wrongly ruled, then family of the deceased will be burdened
with unnecessary grief. Therefore, the investigation must be done with utmost care.

To conclude we can say that, Section 174 is very limited in scope its lays down the procedure
that a police officer must follow on the unnatural death of a person. When an unidentified dead
body is found, the police officer shall inform such matter to the magistrate who shall investigate
into the cause of death of the person and upon such investigation, prepare an inquest report that
shall include the details that the magistrate has found during the investigation. The section also
lays down the requirements that the magistrate must fulfill for preparing an inquest report that
shall specify the cause of death of the person. The section does not lay down the procedure for
tracing of the accused. The section also provides for special performance on the part of a police
officer in case of dowry death, i.e., death of women within seven years of marriage for the
demand of dowry. Thus, this section is confined to unnatural deaths and dowry deaths.