NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

DISSERTATION
SYNOPSIS

TOPIC: APPRECIATION OF FORENSIC EVIDENCE IN CRIMINAL JUSTICE

SYSTEM WITH SPECIAL REFERENCE TO MURDER CASES

Submitted to: Submitted by:

Dr. P.K. Shukla Aditi Singhvi

Associate Professor of Law 2015LLM04
Trimester II
 APPRECIATION OF FORENSIC EVIDENCE IN CRIMINAL JUSTICE
SYSTEM WITH SPECIAL REFERENCE TO MURDER CASES

INTRODUCTION
In any case investigation plays a major role because through proper investigation the real facts
and evidences are collected and because of which court is able to give its decision and as a result
of which guilt of a person is determined. It is only recently that science is
used as a means to investigate criminal cases. In criminal cases, especially based on
circumstantial evidence, forensic science plays a pivotal role, which may assist in establishing
the element of crime, identifying the suspect, ascertaining the guilt or innocence of the accused.

One of the major activities of the Investigating officer at the crime scene is to make thorough
search for potential evidence that have probative value in the crime. Investigating Officer may be
guarded against potential contamination of physical evidence which can grow at the crime scene
during collection, packing and forwarding. Proper precaution has to be taken to preserve
evidence and also against any attempt to tamper with the material or causing any contamination
or damage.

However, in reality ill-equipped and unqualified officers often contaminate the scene of crime
and the evidence is destroyed due to their negligence which paves way for miscarriage of justice.
Due to the lack of knowledge wrong evidences are collected and they are not preserved in a
proper manner. When these evidence are brought before the Court it, either due to want of
valuable evidence or due lack of understanding of evidence, is not able to make proper use of the
evidence presented before it.

 Many a time, neither the judge, nor the lawyer nor even the police appreciate the value that

forensic evidence carries. There are personal and professional bias at all levels and adding to that
is the lack of coordination among the investigative authorities which indirectly affects the trial of
case.

1
LITERATURE REVIEW
 Dr. B.R. Sharma in his book titled Forensic Science in Criminal Investigation and
Trials1 has examined various techniques that are used in forensic science to collect
evidences from scene of crime in different types of offences. It has also deliberated the
evidentiary value of such evidences and the approach taken by the courts. The book also
puts forward the problems of proof in linking the criminal with crime and its investigative
and legal aspects.
 James Vadackumchery in his book titled Indian Police and Miscarriage of Justice2
gives an insight into the actual practices of the police at the ground level during the
investigation of a crime and the problems that are faced by the investigating authorities.
The book also looks into the nonchalant approach of police towards the investigation of
crime.
 Srikant Ghosh & K.M. Rustamji in their work titled Encyclopedia of Police in India3
have put forth the structure and functioning of Police in India and the role played by them
in determining whether a person is accused of an offence or not.
 Justice Jitendra N. Bhatt in his article titled A profile of Forensic Science in Juristic
Journey4 has presented the meaning and scope of forensic science and its need in present
times as a tool to investigate crimes. The article also puts forth the ignorance of the
judiciary in understanding the importance and scope of forensic evidence.
 Nicholas Petraco in his book titled Illustrated guide to Crime Scene Investigation 5
discusses the ideal methods of Searching for and Collection of, Recording, Initializing,
Packaging, and Transporting of physical evidence from the scene of crime to forensic
laboratory and the consequences of improper collection methods on further investigations
and trial.

1
DR. B.R. SHARMA, FORENSIC SCIENCE IN CRIMINAL INVESTIGATION AND TRIALS (Universal Law Pub. Co. 4th Ed.,
2013).
2
JAMES VADACKUMCHERY, INDIAN POLICE AND MISCARRIAGE OF JUSTICE (APH Pub. Corp. New Delhi, 1997).
3
SRIKANT GHOSH & K.M. RUSTAMJI, ENCYCLOPEDIA OF POLICE IN INDIA (Ashish Pub. House New Delhi, 1997).
4
Justice Jitendra N. Bhatt, A profile of Forensic Science in Juristic Journey, (2003) 8 SCC (Jour) 25
5
NICHOLAS PETRACO, ILLUSTRATED GUIDE TO CRIME SCENE INVESTIGATION (Taylor and Francis Publication,
2006)

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STATEMENT OF PROBLEM
The lack of knowledge and expertise of investigating officers and judiciary with respect to
forensic evidence in murder cases hampers due administration of justice.

HYPOTHESIS
Lack of appreciation of Forensic evidence is a hurdle in fair administration of criminal justice.

OBJECTIVES OF STUDY
a) To analyse the need, scope and importance of forensic evidence in criminal trials
pertaining to murder cases.
b) To identify the methods of investigation with respect to forensic evidence.
c) To analyse the procedure followed by the investigating officer and identify the reasons
for defects in investigation.
d) To study the effect of faulty investigation with respect to forensic evidence on end results
of a murder case.

RESEARCH METHODOLOGY
The methodology adopted by the researcher is descriptive, analytical and comparative. The
methodology will not include empirical research.

TENTATIVE CHAPTERISATION
1. Introduction
2. Meaning, Scope, Need and Importance of Forensic Evidence in murder cases
3. Forensic Evidence in Criminal Justice System of India and Judicial Response
4. Critical Analysis of current Criminal Justice System with respect to Forensic Evidence in
murder cases
5. Interplay of Forensic Evidence and Law
6. Conclusion and Suggestions