Forensic science under

criminal law
Table of Contents
 Introduction
 Forensic Science and its scope
 Parts of Forensic Science
o Forensic Odontology
o Forensic Toxicology
o Forensic Anthropology
o Impression and Pattern Evidence
o Forensic Pathology and Medicolegal Death Investigation
o Trace Evidence
o Cyber Forensics
o Ballistics
 Role of Forensic Science in Criminal Investigations
 Importance of Forensic Science in Law
 Conclusion
 References

Introduction
Due to the development in the criminal justice system, there has been an
extraordinary diffusion in crime investigation techniques as far as the
scientific infusion is concerned, as observed in the previous decade. The use
of scientific tools and techniques in crime detection by police officials,
identification of alleged criminals /offenders helps in establishing a crucial
link between the judiciary and police force. Further, they take account of
these physical pieces of evidence that are consistent and determine the
accuracy of the innocence or guilt of the criminal/offender.

Forensic science is a discipline that functions within the parameters of the

legal system and may have a remarkable contribution in supporting justice in
crime investigation and other serious violations. Its purpose is to provide
guidance to those conducting criminal investigations through the recognition
and retrieval of evidence at crime scenes and accurate information on which
they can rely on the resolution of criminal and civil disputes. Crime includes
murder, rape, accident-related incidents, undisclosed persons, displaced
persons, fraud-related cases, and forgery.

In India, statements and witnesses are used as a source of evidence, and

those who are found guilty are then prosecuted. Forensic science services
could, therefore, be the most important crime-fighting instrument for law
enforcement.
Forensic Science and its scope
Forensic Science is described as “applying science to statutes enacted in
criminal justice by law enforcement agencies.” Forensic Science is concerned
with the application of scientific concepts and methods of the various science
disciplines to legal matters. The proof analysis consists of multiple areas such
as sociology, physics, forensic chemistry and biology, DNA profiling,
computer science, and engineering. Physics, for example, is used to
understand the blueprint of a blood dispersion; biochemistry seeks to
strengthen the basis for an unverified suspect, and chemistry helps us to
find out the chemical composition of different drugs.

Forensic science is an integration of nearly all scientific skills and acts as a

critical and qualified tool that makes the dispensation of justice possible in
criminal, civil, legislative, and social contexts. It helps to describe all of
science’s applications in addressing the questions of legal significance.
Forensic science is now a highly advanced research method used in criminal
and civil investigations, able to address critical questions and an integral part
of the criminal justice system. It includes all renowned techniques such as
the analysis of fingerprints, DNA analysis, ballistics and explosives, firearms,
culture, etc.

Parts of Forensic Science

Forensic Odontology
Forensic dentistry assists in identifying victims when the body is left in an
unrecognizable state. This is accomplished by examining their teeth, mouth
alignment and overall mouth structure. Forensic dentists or odontologists aid
with a person’s comparative identification by analysing the teeth’s growth
and anatomy, and any restorative dental corrections such as a filling. This is
also used for bite mark analysis in criminal investigations.

Forensic Toxicology
Chemicals legally recognized as having the abuse potential are considered
controlled substances. This includes illegal drugs like cocaine or heroin and
prescription medications like oxycodone. Detecting and recognizing these
controlled drugs play a vital role in helping law enforcement authorities
combat opioid addiction and drug-based violence.

Forensic Toxicology includes biological sample processing in order to test for

the existence of toxins and medications. This forensic science division is of
vital importance in road accidents, poisoning, sexual assault etc. The
toxicology reports provide crucial details on the existence of an incidence-
related drug present in a person. This also determines whether the amount
of substances absorbed by a therapeutic dose is normal or exceeds the
acceptable standard. Because new types of drugs are being created every
day, this branch of forensic science is continually changing and demands an
up to date approach.

Forensic Anthropology
This deals with the examination of damaged human remains or skeletons to
assess age, height, gender and ethnicity. It also helps by recognizing and
evaluating injuries, if any, to determine the time elapsed since the time of
death. The research offers useful leads on victim identification, especially in
cases where the bodies are beyond recognition.

Impression and Pattern Evidence

Evidence for impression is the evidence produced when two objects come
into contact with sufficient force to produce an “impression.” This can include
a two-dimensional impression such as a fingerprint, or a three-dimensional
impression such as a bullet mark. Examination of pattern proof requires
finding and evaluating additional details within a given perception. When
used in conjunction, impression and pattern evidence can help in establishing
vital links between a suspect/tool to a crime scene.

Forensic Pathology and Medicolegal Death

Investigation
Forensic pathology helps with the examination of the corpse in determining
the cause of death. Forensic medicine requires gathering and examining
medical samples in order to deduce facts which are admissible in court.
Identification of wound patterns, for example, can aid in identifying the
weapons used to inflict the wound. Furthermore, forensic pathologists may
investigate weapons or other projectiles in deaths involving exit and entry
wounds. For this purpose, a forensic pathologist may draw critical inferences
as to whether death is natural, criminal or accidental.

Trace Evidence
Examples of trace evidence include substances such as fibres, dirt, hair,
bullet residue, wood, and pollen. It derives its name from its ability to be
easily transferable in the course of a crime between objects, people or
climate. Trace evidence also plays a crucial role in linking the perpetrator to
the victim. For example, a soil sample taken from a victim’s shoes may
provide vital clues as to the location of the crime and thus help identify the
perpetrator.

Cyber Forensics
Cyber Forensics includes the study of electronic data and physical storage
devices such as pen drives, hard disks, etc. Its main purpose is to recognize,
store, retrieve, evaluate, and present facts and opinions on digital content.
This is mostly used to prosecute cybercrimes, as well as civil events. Cyber
Forensics has been in use in criminal law since the mid-1980s, with some
notable cases being the murder case of Sharon Lopatka, the conviction
of Dennis Rader, Dr Conrad Murray – personal physician of Michael Jackson,
and Joseph E. Duncan III.

Ballistics
Ballistics is a technical forensic science dealing with motion, actions,
movement, angular motion, and projectile impact, such as bullets, rockets,
missiles, bombs, etc. Ballistics were used mainly in criminal investigations.
Examination of the bullet found at a crime scene, for example, could show
the type of gun used to fire it, and whether it was involved with any other
crime in the past. In fact, the ballistic specifics are recorded in a vast
database that the law enforcement agencies around the globe can access.

Role of Forensic Science in Criminal

Investigations
Forensic science is an important feature of the criminal justice system.
Essentially, it deals with exploring the scientific and physical clues collected
from the crime scene. Forensic science describes the suspect’s distinctive
nature which committed the crime. The evidence clearly points out the
essence of the crime that was committed. The circumstantial evidence even
refers to the time of the occurrence. The forensic evidence indicates where
the crime is located. The forensic investigation even follows the offender’s
process.

Finally, the motive behind the crime comes to a close. Forensic analysts
recreate the peculiarity of the suspect and the victim. A forensic scientist’s
roles and obligations in a criminal case are important as it includes carefully
analysing the evidence with sufficient diligence so that it is not manipulated.
For example, forensic pathologists are skilled in performing autopsies to
determine the cause of death. An autopsy assists in assessing the cause and
manner of death by analysing body fluids and tissues. Forensic scientists
analyze physical evidence collected from the crime scene (fingerprints, blood,
hair, etc.) to identify suspects. Forensic experts also use resources for image
manipulation to search for long-term offenders who are absconding from the
law. This method helps them to digitally age an image and understand how
the aged person will feel.

In investigating a criminal act, a large array of forensic science and forensic

resources are involved. During the entire criminal investigation, the evidence
is collected from the scene of the crime or by a person who is an eye witness
to the complete event, which is further analysed in a forensic lab and then
the findings are reported to the judge. Every crime investigation is unique in
nature and poses its own challenges in each instance. Forensic science plays
a significant role in the criminal justice system by offering scientifically based
knowledge through the study of the physical proof, the identification of the
perpetrator by personal clues such as fingerprints, footprints, blood drops or
ears, cell phones or any other devices, automobiles and arms.

Importance of Forensic Science in Law

The legal system clearly understands the role that forensic evidence plays in
criminal trials. This is because there isn’t much room for bias or
discrimination while using scientific techniques and methods. This is why
profiling of DNA and a variety of other forensic evidence are commonly
recognized in courts around the world. Interestingly, the Chinese (650 A.D.)
dates back to the first forensic technique ever used that involved finger and
palm print recognition.

Forensic testimony is commonly used across the world for both convicting
and exonerating suspects. Thus, forensic science labs have been
mushrooming across the globe over the past few decades. In addition,
Special Acts have been passed to enhance the delivery of forensic services in
the US, Canada and Australia. This ensures greater certainty in the detection
of crimes, and consequently, rates of conviction may increase. Such Acts
place great emphasis on timely and high-quality crime scene management.

The forensic proof is often used for both defendants who have been
convicted and acquitted. As a consequence, the number of crime laboratories
throughout the world has increased significantly over the last couple of
decades. Special acts have been implemented in the United States, Canada,
Great Britain and Australia in order to improve the forensic status of
criminals and thereby enable convictions to increase. They stress the timely
and quality management of the crime scene. In 1878, India set up the first
official crime lab. Around 35 forensic labs now in the country are limited to
unique facts. The growing rank and file in the field of forensic sciences and
the fundamental role forensic evidence plays in numerous criminal cases has
driven up the increase in the numbers of criminals laboratories. A constantly
evolving world raises the burden on law enforcement agencies to collect
better facts. The news media highlight the importance of forensic science but
also focus on errors in locating and identifying in high profile cases.

Expert testimonials offer an important informational source in international

criminal proceedings, and forensic expertise is no exception: the ad hoc trials
and judgments have been based on findings from exhumations and
examinations. While issues relating to the relationship between law and
science have been explored within the domains of national judicial systems,
the mixed court system presents a solid debate with new contexts. An officer
with further forensic studies could be overconfident and unintentionally taint
evidence, making it inadmissible. Instead, given the current lack of adequate
collection of substantial evidence from the crime scene (if not trampled
underfoot and completely ignored), proper training will be more likely to
improve the situation rather than worsen it, if competent forensic science
instructors are able to carry out it.

Conclusion
In the Indian case, greater focus was put on the use of these technologies in
criminal investigations and trials. Commissions appointed on criminal justice
reforms have affirmed that the introduction of crime detection technologies
will enable the system to work efficiently. The related laws have been
changed from time to time to make room for the use of forensic technologies
in investigating and prosecuting crime. And yet, it can be argued that the
regulations that need to be revised have current flaws. Also, due to their
conservative approach, the courts are reluctant to rely on empirical evidence,
or other inherent flaws in the evidence presented in court, which prevent
them from relying entirely on it. Criminal justice system’s primary motto is to
have equal justice. The forensic proof is, no doubt, more credible than eye
testimony.

Being a scientific method, forensic science is a boon to the criminal justice

system. To progress, we need to overcome the existing flaws. Around the
same time, there is a need to ensure that law enforcement and investigative
agencies once again understand and use forensic science as a holistic
problem-solving resource to their full potential. It is apparent that such a
technique is incorporated within a context that enables an understanding of
the input that a particular form of evidence may provide meaningfully in
terms of sub-source, source, operation or offence-level proposals for a given
collection of case-specific circumstances rather than restricting it to a one-
dimensional reactive procedure. An interpreted means of evaluative
monitoring of forensic science data pertinent to a specific case but retained in
 the context of that case where alternate solution propositions can be
attended to and challenged correctly, works to fulfil this problem-solving
prospects. Such a method has been developed by the Association of Forensic
Science Suppliers among others.

Procedure of Investigation
under CrPC
Table of Contents
 Introduction
o Meaning and Definition
o Overview of Procedure of Investigation
 Cognizable and Non-Cognizable Offence
 Information to the Police Officer
 Power of Police to Investigate
o Cases consisting of both Cognizable and Non-Cognizable Offences
 Procedure of Investigation
 Sending a Report to the Magistrate (Section 158)
 Order of Investigation by the Magistrate
 Attendance of Witnesses
 Examination of Witnesses
 Statements to the Police not to be Signed
 Recording of Confessions and Statements
o Recording of Confession When Magistrate has no Jurisdiction
 Admissibility of Evidence
 Search by Police Officer
 Procedure of Search
 When Investigation is to be Done Outside India
 Procedure when Investigation cannot be Completed within 24 Hours
 Procedure to be followed on completion of Investigation (s.169-s.173)
o
 Release of accused when evidence is deficient
 Cases to be sent to Magistrate when evidence sufficient
 Diary of proceedings in an investigation (section 172)
 Report of police on completion of the investigation
 Power to Summon Persons
 Conclusion
 References

Introduction
An investigation is an important segment of criminal procedure. The first step
after a crime is committed or information received by a police officer about
the commission of an offence is “investigation.” The purpose is to identify the
offender and proceed him for trial so as to serve him with punishment as per
the provisions of the Code. Section 156 of the Code of Criminal Procedure
confers powers on police officers to investigate cognizable cases. In Non
Cognizable cases, the police officer has no authority to investigate without
warrant and has to obtain a warrant under Section 155 (2) of the Code. The
term “investigation” has been defined in section 2(h) of the Code. Chapter
XII (Sections 154 to 176) of the Code deals with information to police and
their powers to investigate.

Meaning and Definition

The term ‘investigation’ has been defined in Section 2(h) of the Code of
Criminal procedure, Investigation includes all the proceedings under this
Code for the collection of evidence conducted by a police officer or by any
person (other than a Magistrate) who is authorised by a Magistrate in this
behalf. [1]

The investigation of an offence consists of:

1. Proceeding to the spot.

2. Ascertainment of facts and circumstances of the case.
3. Discovery and arrest of the suspect.
4. Collection of evidence which may include:
o Examination of persons concerned and reducing their
statement to writing.
o Search and seizure of places and things respectively
considered necessary.
5. Formation of opinion as to whether there is a case for trial, and
taking necessary steps accordingly. [2]

Overview of Procedure of Investigation

Cognizable and Non-Cognizable Offence

The cognizable offence has been defined in Section 2(C) of the Code, wherein
a Police officer can arrest without warrant. The offence is of serious nature
and is a public wrong, where the prosecution is done at the discretion of the
state. Punishment is given with imprisonment of 3 years or more and with or
without fine. Example – Dowry, Rape, Murder, etc.
Non Cognizable offence and case have been defined in Section 2 (l) of the
Code, wherein the police cannot arrest without warrant. The offence is less
serious in nature and the prosecution is done at the initiative of the parties.
Punishment may be given not exceeding 3 years of imprisonment. Example –
Assault, Forgery, Defamation, etc.

Information to the Police Officer

Section 154 of the code talks about when information is given as a
cognizable offence. The information must be given by the informant to the
officer in charge of a police station in writing or must be reduced into writing
by the officer in charge of the police station. The written information has to
be read over to the informant and be signed by him, which is called “First
Information Report.” When the information is given by a woman against
whom any of the offences under Sections 326-A, 326-B, 354, 354-A to 354-
D, 376, 376-A to 376-E or 509 IPC is alleged to have been committed or
attempted, such statement shall be recorded by a woman police officer.

After the information has been received by the police officer, he shall start
his investigation, provided he has reasons to suspect that a cognizable
offence has been committed.

Power of Police to Investigate

Section 156 of the code empowers the officer in charge of a police station to
investigate a case in his territorial jurisdiction without the order of the
Magistrate if the offence is cognizable in nature. The officer may also initiate
an investigation on the orders of the Magistrate empowered under Section
190.

Cases consisting of both Cognizable and Non-

Cognizable Offences
According to Section 155(4), when two or more offences are there in a case,
of which at least one is of cognizable nature, and other of non-cognizable
nature, then the entire case has to be dealt as a cognizable case, and the
investigating officer will have all the powers and authority as he has in
investigating a cognizable case.

Procedure of Investigation
Section 157 of the Code lays down the procedure of investigation to be
followed by the police, for collection of evidence. The investigation of a
cognizable case begins when a police officer in charge of a police station has
reason to suspect the commission of a cognizable offence on the basis of FIR
or any other information so received. It requires that prompt intimation of
the FIR be sent to the Magistrate. The officer shall then proceed in person to
the spot for investigation of facts and circumstances, or shall depute one of
his subordinate officers for the same, and if required, measures for the
discovery and arrest of the person shall be taken.

When the information received by the police officer is not of serious nature,
the officer need not proceed in person or depute some subordinate officer to
investigate on the spot. And if no sufficient ground exists for entering on an
investigation, he shall not investigate the case. And shall state in its report
for not complying with the requirements of this section, and notify the
informant that he will not investigate the case or cause it to be investigated.

He shall then send this report to the Magistrate empowered to take

cognizance of such offence.

Sending a Report to the Magistrate (Section

158)
A report is sent to the Magistrate which is called the police report. It is sent
by the superior police officer, so as to make the Magistrate aware that a
particular case is being investigated by a police officer. The main objective of
sending a report is to enable the Magistrate to control the investigation and
give directions if required under Section 159 of the Code.

The report should be sent to the Magistrate without any delay. In Swati Ram
v. State of Rajasthan, it was held that mere delay in sending the report does
not throw away the prosecution case in its entirety.

At different stages of an investigation, different reports are to be submitted

by the police to the Magistrate. These reports are:

Section 157 of the CrPC requires the officer in charge of the police station to
submit a report to the Magistrate, called a preliminary report.

Section 168 of the CrPC requires a subordinate officer to submit a report to

the officer in charge of the police station.

Section 173 of the CrPC requires that a final report is to be submitted to the
Magistrate as after the investigation gets over.
Order of Investigation by the Magistrate
The Magistrate, under Section 159, has been empowered, if he feels
necessary, after receiving the report to direct investigation, or to conduct
himself or direct a subordinate Magistrate to hold a preliminary inquiry. And
as held by the Supreme Court, the Magistrate has no power to stop the
investigation after it has started. [3]

Attendance of Witnesses
The police officer making the investigation is empowered under Section 160
to require the attendance of any person as a witness who is acquainted with
the facts and circumstances of the case. The above-mentioned section also
provides that no male person or woman who is under the age of fifteen years
shall be required to attend any place other than the one in which the male
person or women resides. The State Government shall make rules for the
payment of reasonable expenses incurred by persons for attending any place
other than their residence.

Examination of Witnesses
Any police officer who is in charge of the investigation or any other officer
who is acting on the request of an officer in charge shall and is empowered
to examine a witness or person who is acquainted or aware of the facts and
circumstances of the case put before him. Section 161 of the Code confers
powers on police to examine witnesses. The statements of witnesses are
important as they can make a person guilty or innocent. The persons who
are being investigated are expected and bound to answer truly all the
questions relating to such cases put before them. They are not bound to truly
answer the questions which would expose them to a criminal charge or any
other charge. After the examination, the police officer making the
investigation shall reduce the number of statements given by the person in
the course of the examination. And if done so, he shall keep a separate
record of the same. He is not bound to reduce the statements into writing
but it is preferred that he does so.

Statements to the Police not to be Signed

The statements made by the witnesses during examination need not be
signed by him. Neither should be used at any inquiry or trial. The statements
made by the witness can be used in the court only to contradict him, and not
corroborate him. If the witness is brought from the prosecution side, any
part of his statement if proved may be used by the accused and can be used
by the prosecution only with the Court’s permission, to contradict him. That
is, statements made under Section 161 can be used to contradict him.
However, an exception to the above section is: If any statement falls within
the provision of Section 32(1) of the Indian Evidence Act, or if any statement
affects the provisions of Section 27 of the Evidence Act.

Recording of Confessions and Statements

Any magistrate whether metropolitan or judicial, if he has jurisdiction or not
in the case, is empowered under Section 164 to record any statement or
confession made to him in the course of the investigation. But a police officer
on whom powers of a magistrate have been conferred for the time being is
not empowered to record the same. The magistrate, before recording the
statement is required to explain it to the person giving the statement that he
is not bound to give it and the statements can be used as evidence against
him. The magistrate has to make sure that the person making the confession
is doing it voluntarily. The Magistrate cannot authorize the detention of that
person in police custody if the person refuses to give a statement at any time
before the confession is recorded.

Recording of Confession When Magistrate has

no Jurisdiction
A Magistrate who records statements and confession when he does not have
the jurisdiction to do so, he shall forward it to the competent Magistrate who
has to inquire into the case or by whom the trial is to be done.

Admissibility of Evidence
The confession recorded under section 164 can be used as substantive
evidence, without being formally proved. Record of such confession is
admissible as evidence. Entire confession must be brought on record. The
Court must carefully weigh it with other evidence. The Court may reject part
of it.. Where the confession was found rejected, the convictions based on
them could not be sustained.

Non-confessional statements recorded under section 164 is not substantive

evidence. But if the maker of the statement is called as a witness in the trial,
his earlier statement can be used for contradicting his testimony in the Court
under section 145 and 157 of the Evidence Act.

In Balak Ram v. The State of U.P., it was held that evidence of witness
cannot be discarded merely because their statement was recorded under
section 164. Their evidence must be approached with caution.
Search by Police Officer
A police officer is empowered under Section 165 of the Code to search for
any place which he has reasonable grounds to believe that contains
something necessary with respect to the investigation he is authorized to
make.

The grounds for issuing a warrant for search are provided in Section 93(1) of
the Code The search is required to be noted in a diary which is prescribed for
this purpose, by the state government.

Procedure of Search
A police officer has to record in writing his reasons for the search, the place
to be searched and the thing that has to be searched in that place, after
which he proceeds in person. If the police officer is unable to do the search
himself, then he may, in writing, order his subordinate officer to conduct the
search, directing him to the place to be searched and the thing to be
searched for. And the subordinate officer can then conduct the search on the
basis of the written order given to him. The officer should make a record of
the search done and send a report of the same to the nearest Magistrate who
can further furnish it to the owner/occupier of the place searched, free of
cost, on application.

When Investigation is to be Done Outside

India
When the investigating officer or any of his superior officer has reasons to
believe that necessary evidence may be available in a place or country
outside India, any criminal court shall issue a letter of request to the
authority of that country or place requesting to examine orally the person
who is supposed to be aware of the facts and circumstances of the case and
direct him to produce all the requisite documents in his possession relating to
the case being investigated and also require to forward all the documents
and evidence to the court issuing such letter. The provision is given under
section 166.

Procedure when Investigation cannot be

Completed within 24 Hours
Section 167 deals with the procedure when investigation cannot be
completed within 24 hours. The purpose of this section is to ensure liberal
democratic ideology. The object is to protect the accused from atrocities of
the police and to give the opportunity to the Magistrate to decide the
question of further custody, to facilitate the investigation, and no detention
without trial. For this purpose, it has been provided that the accused or
arrested person cannot be detained for more than 24 hours. Section 167 is
attracted in the following circumstances:

1. When the accused is arrested without a warrant and is detained by

the police officer in his custody.
2. More than 24 hours needed for an investigation.
3. There are grounds to believe that accusation or information against
him is well-founded.
4. The officer in charge of a police station or the investigating officer
not below the rank of sub-inspector forwards the accused for
remand before the Magistrate.
The judicial Magistrate to whom the accused is so forwarded may authorize
the detention of such person in such custody for a term not exceeding 15
days. If the Magistrate does not have the jurisdiction to try the case and
considers further detention unnecessary then the accused shall be further
forwarded to the Magistrate having jurisdiction to try the case.

The Magistrate shall authorize the detention of the accused (but not in police
custody) if he has reasons and grounds to believe the necessity of doing so.
But in any situation, the Magistrate cannot order detention for a period
exceeding:

1. 90 days, when the person is accused of an offence punishable with

imprisonment for a period not less than 10 years of imprisonment
for life or death.
2. 60 days, when accused of any other offence. And on the expiry of
the period of 60 days or 90 days, whatever the case may be, he
shall be released on bail if he is able to furnish sureties.
This period is to be calculated from the date of detention and not from the
date of arrest.

If the Judicial Magistrate is absent, the Executive Magistrate or the

Metropolitan Magistrate on whom the powers of a Judicial Magistrate have
been conferred for the time being will act. The Executive Magistrate shall
order for detention for a period not exceeding 7 days. If further detention is
to be made, the accused shall be forwarded to the competent Magistrate.

If the order is given by any Magistrate other than the Chief Judicial
Magistrate, he shall forward a copy of his orders also stating the reasons for
making so, to the Chief Judicial Magistrate.
In a Summons Case, if the investigation is not complete within 6 months, the
Magistrate is required to order to stop the investigation unless he has
reasons and grounds to believe that further investigation is necessary for the
interest of justice. If the Magistrate has ordered to stop the investigation and
an application is made to the Sessions judge against the order, then the
sessions judge is empowered under Section 167(6) to discard the order given
by the Magistrate under subsection 5, if reasonable grounds exist for doing
so.

Procedure to be followed on completion of

Investigation (s.169-s.173)
On completion of the investigation, the following procedure is to be followed:

Release of accused when evidence is deficient

When there is not sufficient evidence and reasonable grounds to justify the
forwarding of the accused to the Magistrate, the police officer shall release
him on him executing a bond, with or without sureties, and may direct him to
appear before the magistrate when required.

Cases to be sent to Magistrate when evidence sufficient

When the police officer has sufficient evidence and reasonable grounds, he
shall forward the accused to the Magistrate, so that the Magistrate can take
cognizance of the offence and try the accused or commit him for trial. If the
offence is bailable, the accused shall be given security and be released on
bail, only to appear before the Magistrate when required, and for his day to
day attendance before the Magistrate.

Diary of proceedings in an investigation (section 172)

This section relates to the contents of a case diary, which every police officer
making an investigation has to maintain. The object of this section is to
enable the Magistrate to know what was the day to day information by a
police officer who was investigating the case. Oral statements of witnesses
should not be recorded in this case diary. This diary may be used at trial or
inquiry, not as evidence, but to assist the court in proceeding with the case.
Report of police on completion of the investigation
Final report of a police officer after the completion of the investigation is to
be sent to the Magistrate under Section 173. This report is generally called a
“Chargesheet” or “Challan”.

Where a superior officer has been appointed by the State government, the
report shall be sent by him to the Magistrate. And while the orders of the
Magistrate are pending, he shall direct further investigation to the officer in
charge of the police station.

If according to the police officer, a part of the statement in the report

submitted by him is not relevant, he shall request the Magistrate to exclude
that part and not consider it. Also, further investigation can be made even
after the submission of the report to the Magistrate.

Power to Summon Persons

This section empowers the police to summon witnesses at the inquest to
testify the injuries which the investigating officer has found on the body of
the deceased person. But it is not at all necessary for him to record the
statements of the witnesses or get the inquest report signed by them. The
person examined at an inquest is bound to answer truly all the questions
except those which would be incriminating him. Refusal to answer questions
is punishable under Section 179 IPC and deliberately giving a false answer is
punishable under Section 193 of IPC. The inquest report is not substantive
evidence but may be used for corroborating the evidence given by the police
officer making the inquest report.

Conclusion
An investigation is an extremely thorough process in criminal law and is done
in a procedure established by law.
Use of DNA Fingerprinting in
Indian Criminal Law
What is DNA?
DNA (Deoxyribonucleic Acid) is the primary hereditary material in a human
body. The Human DNA has a double helix structure. Most of the DNA is found
in Nucleus of the cell called the nuclear DNA, and some are found in
mitochondria called the mitochondrial DNA (mtDNA). It complexes with
proteins to form chromosomes which contain our genes and all genetic
information.[1]

The DNA Fingerprinting technology is one of the foremost and most reliable
technologies used in USA and UK in identifying individual culprits through
their respective unique DNA patterns. In 1984, Sir Alec Jeffreys, of UK
discovered that no two people could have the same DNA
sequence.[2] Although more than 99% of the DNA is the same in all humans,
there are some particular strands that are unique between two individuals
having the same sequence. Sir Jeffreys was the first person to discover this.
This led to the birth of DNA Fingerprinting. The potential of DNA
Fingerprinting in the investigation of crimes was quickly realized. In 1986,
this method to solve the rape and murder mystery of a teenage girl Dawn
Ashworth near Leicester. The suspect Richard Buckland was exonerated, and
the real criminal Colin Pitchfork was found guilty. It was the first case in
which DNA technology was used.[3]

Benefits

Accuracy
In a crime scene, there is always a possibility of finding the DNA of people
other than the criminal. In such a scenario the, a majority of investigative
agencies today rely on DNA fingerprinting to find out which DNA is that of the
criminal. Also in cases where a mixture of a blood sample or other samples is
found at the crime scene. DNA technology today has sufficiently evolved so
that it can identify each of the blood of each from a mixed sample. This has
greatly helped in securing convictions in rape cases.

For example, if a girl is raped by, let say, six persons, DNA fingerprinting can
identify the DNA sequence of every individual and comparing it with the
suspects, we can catch the criminals. In such cases, each of the people
whose DNA pattern matches with the sample gets convicted and of those
whose DNA sample does not match is proved not guilty and acquitted.

Reliability
Today, There is greater acceptance of DNA evidence over Narco Analysis
because DNA evidence does not lie. The narcotic analysis is a subjective
method. A lot of subjectivity is there in it. It is possible for people to fool it.
People can lie but DNA cannot. Earlier there were statistical doubts that two
persons may have the same DNA sequence. But as the technology is
advanced, it has now been proved that no two persons can have the same
DNA sequence. Narco analysis is not always reliable and is not accepted as
evidence by the courts.[4]

Apart from crimes, it is also extensively used for on- criminal purposes like
paternity tests, seed stock identification, the authenticity of consumer
products, and medical diagnosis.

Limitations
Identical or Monozygotic twins have the same DNA sequence. Therefore
in such cases, the law enforcement agencies remain skeptical of relying on
DNA fingerprinting to deal and identify the real criminal. Also, a question
arises in regard to such twins, can they be convicted only by the DNA
Evidence? This is the biggest limitation of DNA evidence. Two identical twins
do have the same DNA. So in such case where one of them has committed a
crime, they cannot be convicted by DNA evidence. But in such cases, the
simple fingerprint will help to convict the real criminal. It is because there is
a slight difference between the finger prints of the identical twins. But in the
courts of law, full fingerprints only are acceptable because clever counsels
raise questions on partial fingerprints as they can match with others.

Usage in India

DNA testing as evidence is not covered under Indian Evidence Act 1872 and
Criminal Procedure Code 1973. The method of DNA profiling used today in
India is based on polymerase chain reaction (PCR) and uses short tandem
repeats (STR). These techniques have revolutionized the speed and efficiency
of the DNA test. These techniques are very reliable and are in vogue in
various countries. Dr. Lalji Singh is considered to be the “Father of DNA
fingerprinting” in India, He developed and used the technology in India for
the first time in 1988.

Problems with Usage in India

Handling of Samples
The admissibility of DNA evidence depends on upon accurate and proper
collection, preservation and documentation which can satisfy the court. As
was seen in the infamous OJ Simpson case, improper handling of DNA
evidence can lead to the acquittal of the accused. The procedure of collection
and preservation is very important. The sterile gloves and forceps must be
used. If we use our hand in the collection process, our DNA will get mixed up
with it.

Today in India the police constables are untrained in how to collect DNA
samples. In foreign countries, when a crime occurs, first the forensic
investigators and scientists go to the crime scene to collect forensic data. But
here in India, first an untrained constable goes there. Acting on intuition, he
washes up the body and removes it. He in this process destroys vital DNA
evidence. So they must be trained to handle forensic evidence and to
properly collect it and seal it. But even when there is some contamination, it
can be found out in the test result; we can see a faint band of DNA of the
person whose DNA has been mixed up and a strong band of DNA of the real
criminal. But such contaminated evidence is not accepted as evidence in the
courts.

Storage of Samples
In UK and US, the samples of DNA are stored in National DNA Database. The
police have very limited powers to retain the DNA recovered from crime site;
their job is confined to just collection and deposition. Unlike in India where
the police have unchecked powers to collect and retain the DNA of suspects
even after acquittal. This raises concerns about many over fears that it may
lead to misuse of DNA database and may divulge the privacy of the
individuals. Of suspects even after acquittal.

DNA of all convicts should be stored in the database so that the multiple
offenders can be apprehended easily. Moreover, in countries like the UK, the
government is trying to create a database of all people, not just convicts and
acquitted but also of other innocent people. The purpose of such databases is
not just for crime investigation rather it will be helpful for research in
medicine.

Lack of Test Centers

In foreign countries, there are enough facilities for the DNA testing. People
can get DNA fingerprinting done anywhere as there are a lot of institutions.
Even for something like $10000-$12000 they can do the full genome
sequencing[5]. But in India, there are not many facilities. For doing a DNA,
test people have to go all the way to Centre for Cellular and Molecular
Biology or CCMB in Hyderabad. This may not be feasible for everyone. With
due regard to the efficiency of this technology, there should be sub-branches
of this institution in every district of the country. If not possible, it must be
made sure that people from all parts of the country can readily have DNA
testing.

Violation of Constitutional Rights

There have been quite many ethical concerns regarding DNA tests. Some
people allege that it violates the right to privacy, right to life and right
against self-incrimination according to Article 20 of Indian Constitution.
The most famous case involving the use of DNA fingerprinting in India
is of ND Tiwari. ND Tiwari a famous politician was alleged by Rohit
Shekhar to be his biological father. In the subsequent paternity case,
many legal issues surrounding the DNA Testing emerged- such as if
paternity is conclusively proved (100%) by DNA Testing, whether the
persons have the right to keep the result of such tests private etc.

Indian law says that one cannot be forced against his/her will to give
DNA evidence. But today in certain cases, courts are forcing suspects
to undergo DNA tests. As in the ND Tiwari case, all these arguments
were raised. But the court forced ND Tiwari to give his blood sample
in the larger interest of the public. Courts can force people to give
their blood samples to meet the demands of justice.

These are the few burning issues with the use of DNA printing technology in
India. The future of DNA Technology is no doubt very bright. There has been
a revolution with regards to the technology. In the time to come, it will prove
very helpful in convictions of the offenders. There has already been rigorous
research going on in the technology around the world; India shall by no
means lack behind in it.

Deception detection tests and

hypnosis in the criminal
investigation
 Table of Contents
 Introduction
 Deception detection tests
o Scientific description of DDTs
 Narco-analysis
 Issues surrounding narco-analysis
 Polygraph
 Reliability of polygraph
 Brain-mapping
 Working of brain-mapping
 Reliability of brain-mapping
 The stand of authorities regarding DDTs
o Conflicting stance
 Hypnosis and investigation
o Hypnosis
o Forensic hypnosis
 Circumstances in which forensic hypnosis should be used
o Drawbacks of hypnosis
o Guidelines concerning the use of hypnosis
 Admissibility of evidence
 Judgements regarding DDTs
o Recent Judgments: a change with time
 Smt. Selvi & Ors Vs State of Karnataka
 Fact
 Legal issues
 Key points of judgement
 Conclusion
 References

Introduction
With growing technology, various new changes are arriving in various fields.
Fields are struggling to keep their pace with new methodologies, not only
technological advancements are behind such changes, but the application of
these in varied fields. The legal field also has seen several changes, be it
cyber laws, laws related to IPR or laws related to artificial intelligence. Apart
from these legislations there surely will be changes in the procedural laws as
well. Covid-19 has seriously made a significant change in the working
culture, who would have thought that work from home is possible, but it is.
Similarly, a lot of changes are coming in the method of investigation and
methods, in this article, I will deal with such methods of investigation and
will also discuss the cons and pros along with the use of hypnosis in the
criminal investigation.

Deception detection tests

Deception detection tests or DDTs are scientific and psychiatric tests that are
being used to detect lies or to gather some important information. Apart
from this DDTs are also used to gain a lead in the case, or in cases when the
potential witness is unable to gather information, it is also used sometimes
on the suspect, the use of DDTs on suspects can have varying effects. DDTs
include the use of Narco-Analysis, Polygraph Test, and Brain-mapping. What
we have to understand is that the use of DDTs in criminal investigation raises
a few pertinent questions from medical, ethics as well as the legal field.
Therefore, the use of DDTs in the criminal investigation cannot be thought of
as an isolated event but must be watched out as a dependent cause and
effect event, which affects other fields as well.

Scientific description of DDTs

Narco-analysis
In narco-analysis intravenous drugs are administered, because of which the
individual passes through various stages(degrees) of consciousness. One
such stage of consciousness is called the hypnotic stage. In this stage of
hypnosis, the subject divulges that factual information, which in their
consciousness they would have not. Apart from this the subject also reveals
his misinterpretations, fantasies, wishes and other information which might
be relevant or irrelevant depending on the information provided. The major
drawback of this is, even during the hypnotic stage a few manage to lie, and
in some cases, the subjects become very suggestible thus prone to be
swayed away.

Issues surrounding narco-analysis

When narco-analysis is used without consent several issues arise, hereafter I
will mention a few such issues which are as follows:

1. Issue of assaulting physically the person in hypnotic stage, the

assault may involve anything ranging from a slap to shaking the
body. Such an issue arises because it becomes necessary to
continuously wake-up the subject under hypnosis to answer the
question. Other injections, which are painful, also come under
physical assault.
2. Apart from physical assault, mental assault cannot be ignored.
When such a drug or injection is administered, it may affect how a
person responds mentally and may be counted as a mental assault.
Apart from this in the hypnotic stage, the subject divulges a lot of
private information, this means that narco-analysis also trespasses
the privacy of the subject.
3. Apart from this, there is a lot of debate in the medical fraternity and
this method has not shown sufficient results in treating any
psychiatric problem. This technique has been known for quite some
time now, but academic research to back the claim of hypnosis are
very few.
Polygraph
The most commonly used misnomer for polygraph is the lie-detecting
machine. Though it helps in a similar way but to name it so would be quite
ignorant. In the world of Netflix and web-series, it may be known on what
principle does the polygraph work, but still, it is important to give an
overview of the working of Polygraph tests. Polygraph tests work on the
theory that when a person lies about a particular subject he does not act
naturally and enters a state of hyperarousal, in which various bodily
functions work in a different way than normal. Such different behaviour is
noted and recorded by the polygraph and a person who is skilled at reading
the readings of polygraph may help to know the instances where individuals
lied. Several parameters are involved in giving out the readings, this
involves:

 A sudden change of heart rate,

 A subtle change in blood pressure,
 Change in breathing or respiratory rate.
These are not the only changes. Other changes are also seen which include
complex terms like electromyography.

Reliability of polygraph
Polygraph technique can be very beneficial, but is it accurate and precise?
Accuracy and precision of the polygraph test are doubtful. Let’s understand
why.

 The major issue arises, because of the principle on which the

polygraph test is based, that is the change in bodily functions, such
changes can have other reasons than lie as well. For instance
physical or mental problems like anxiety, stress, fear, getting
nervous, suffering from depression, or other emotions can affect the
bodily functions and give an unreliable reading of the polygraph
test. Therefore it becomes clear that there may be aberrations in
the reading due to above-mentioned problems and not just lying.
 Other factors like the environment where the test is conducted, how
the questions of investigating officers were and what tone he used,
also play a significant role in swaying the reading of the polygraph
test.
 Polygraphic test results can be beaten by individuals with the ability
to suppress the arousal response, such ability is gained by those
who perform relaxation exercises like Yoga or meditation.
Therefore reliability on polygraph is doubtful, in certain cases it might prove
beneficial but in some cases, it may also provide the agencies with incorrect
information. Therefore such tests cannot be produced as evidence in the
courtroom.

Brain-mapping
It is one of the most frequently used methods in the investigations, before
dealing with the intricacies of this method it is important to understand why
it is used and what benefits can be accrued therefrom.

Sensors are attached to the head of the suspect during brain-mapping, the
suspect is then made to sit on the chair in front of a computer screen. After
these, images related to the crime scene are shown, and audios related to
crime are made audible to the suspect. The sensors see the pattern of brain
activity and if the suspect is familiar with the image or sound then sensors
record the data. This all happens because our brain works differently while
seeing or hearing a familiar scene or voice.

Working of brain-mapping
Brain-mapping works by measuring the electrical potential difference, which
arises due to the neuronal activity of the brain. Our brain reacts differently to
various events, how it reacts to familiar events is different from how it reacts
to unknown events. The method used in India is also called the P300 waves
test.

During the test, both familiar and unfamiliar auditory as well as a visual
stimulus are given and since the brain reacts differently to the familiar one a
pattern is observed and accordingly reports are made.

Reliability of brain-mapping
Brain-mapping is surely an advanced method of investigation, apart from
being technologically advanced it also is helpful in various ways. But again,
like other methods brain-mapping has also certain drawbacks.

 Since brain-mapping can only be used to measure the knowledge,

awareness of an individual with certain visual or audio may lead to
suspicion. For instance, if an individual was present at the crime
scene or who has vaguely noticed something may be brought under
suspicion using this method.
 Another issue that arises is, there is a lack of information regarding
the impact of criminal scenes on television, media or movies. Such
memories may also hamper the process of brain-mapping, therefore
such a method might not be used as a method to prosecute
someone but can be used as a method to prove one’s innocence.
  Insufficiency of information and data regarding brain-mapping does
not stop here. Even in academia, the information present on brain-
mapping is very scarce. Scarcity of published literature on brain-
mapping is very disappointing to note.
 A few pieces of research and studies are going on regarding the
functional use of brain mapping imaging, but such researches are
inconclusive and therefore the researches have opined against
producing brain-mapping results as a piece of evidence in the court.

The stand of authorities regarding DDTs

Investigating agencies have been using DDTs for some time now, and
according to the agencies, results are much better than expected. What has
to be pointed out here is that information collected through the application of
DDTs cannot be presented as evidence itself during the trial. The
investigation agencies use the DDTs, to gain delicate information regarding
the case, which helps to accelerate the investigation. Apart from this it also
provides significant lead to agencies which facilitate case solving. According
to authorities, the use of DDTs is much humane, easy and effective than
third-degree methods. Agencies have contested that use of DDTs will fasten
the pace of investigation which will lead to quicker judgements, which will
lead to speedy proving of guilt and speedy acquittal of innocent.

Conflicting stance
What becomes the matter of contention is, can such methods be legally
incorporated into practice by the police? As mentioned earlier that use of
DDTs is not merely a legal issue but is more than a legal issue, therefore
another question is if the use of DDTs during investigation threatens the
natural rights of a person and if it is ethical to be used. It is quite obvious
that information and investigation of the accused are necessary and there
should be some stringent methods to make the accused talk. If the accused
remains silent on the pertinent questions using his legal privilege to outsmart
the objective of the constitution, then it becomes necessary to coerce and
force the accused to talk. Police brutality and torture are vehemently
criticised, but it has to be seen that some powers have to be granted to the
police to deal with criminals.

Third-degree treatments and police brutality surely appear strange in the

civilised world, but does it appear the same to the prime suspect of a heinous
crime as well? Nevertheless, what may be understood is that with growing
technology a few methods like DDTs which provide an alternative to such
brutality may be used.
Hypnosis and investigation
Hypnosis is often thought of as a cheap magic trick, or if not that then surely
the hypnotic Pokemon comes to mind. There is an ongoing debate regarding
hypnosis in the scientific community, a few favour a few stand against. When
there is such disagreement in the scientific community regarding hypnosis it
becomes necessary to understand what hypnosis is.

Hypnosis
Hypnosis is nothing but in very simple terms a psychological state in which
one person is under psychological control over another person’s mind. The
level of control is a vague phraseology but it is a matter of contention as to
what amount of psychological control is exerted. It is often compared to a
sleeping state, but it is considered that during hypnosis there is a certain
amount of consciousness and awareness. The solution we expect from
hypnosis is due to increased suggestibility, sadly suggestibility and sensitivity
are so increased at times that hypnosis becomes a problem.

The name of the study where legal complexities meet the chaotic cosmos of
psychiatry is called Forensic psychiatry.

Forensic hypnosis
When hypnosis is used in a criminal investigation then hypnosis is called
forensic hypnosis. Forensic hypnosis is used to make witnesses or victims
recall the details of crime, environment and other subconscious details, which
might have been forgotten or are not clear enough to help in the course of
the investigation. It is a matter of concern that forensic psychiatry has been
extended to accuse or say the individual who is the perpetrator of the crime.
Extensive research has been done regarding the state of mind called
hypnosis, and there is plenty of disagreement to be able to reach some
conclusive grounds. Undoubtedly, the use of hypnosis in the clinical field has
been considered helpful as the researches have shown that Hypnosis is of
considerable usefulness to bring out the repressed memories.

What has to be kept in mind is medical hypnosis and forensic hypnosis are
completely different, apart from this the motive behind both the hypnosis is
different as well, therefore there remains a considerable doubt regarding
forensic hypnosis.
Circumstances in which forensic hypnosis should be used
Forensic hypnosis as a method shall be used to get a lead in the criminal
case, therefore only such people who can give some lead in the case should
be brought under forensic hypnosis. Witnesses should not be brought under
forensic hypnosis, though when critically needed, forensic hypnosis may be
used on potential witnesses. Suspects should not be investigated. Why
should we be selective regarding the use of forensic hypnosis?

Drawbacks of hypnosis
 Reliability of hypnosis is quite uncertain. During hypnosis, the
subject may be unclear regarding reality and fantasy and at times it
might be possible that the subject may believe in false to be the
truth and therefore fail to realise what actual truth is.
 No hard and fast rule of making sure if the subject has spoken truth
or has presented a story of his version of the truth. Since during
hypnosis certain things settle as if were true, it becomes hard for
the subject himself to differentiate let alone the investigator.
 Increased suggestibility of the subject is yet another issue. Apart
from this, the drug administered for hypnosis does not guarantee
that the subject will speak the truth only. Retention of the ability to
deceive is also another issue.

Guidelines concerning the use of hypnosis

If hypnosis as a method is to be used in criminology then certain guidelines
are to be considered, these guidelines were suggested by Orne in 1979. The
few points to be considered are:

 Only a psychiatrist or psychologist with special training should use

the hypnosis technique.
 Only very basic facts should be shared with the psychiatrist, this will
not let the opinion of the psychiatrist get biased. Any knowledge,
which may make the psychiatrist biased regarding the suspect has
to be concealed.
 The psychiatrist also has to be an independent consultant.
 Proper consent of the subject must be taken before use of any such
technique, therefore the psychiatrist must take such necessary
measures.
 Care must be taken by the psychiatrist, that the psychiatrist does
not hypnotise the suspect or the accused as it is not beneficial to
 hypnotise the prime suspect and accused because they may become
suggestible and may create an imagined reality.
 The individual who is hypnotised should not be granted immunity
from being prosecuted.
 After a full and proper evaluation of the medical and psychological
condition of the subject, the psychiatrist may commence the
hypnosis.
 The psychiatrist must avoid giving any clues to the subject,
otherwise, the subject may get suggestible and the whole purpose
of hypnosis gets sidelined.
 To avoid unnecessary interruption and cueing the investigation
should take place in a closed room, only with the subject and
psychiatrist present in the room.
 Information obtained from the subject should not be considered the
final word but only hearsay and on this basis police should gather
evidence. Only Those collected evidence can be put before the
court, and the statements of subjects under hypnosis would not be
admissible as evidence in the court.

Admissibility of evidence
As discussed above, it becomes clear that not only the process of hypnosis
should be done with proper care, but also the information obtained through
investigation should be dealt with caution. If in a case investigation using
hypnosis takes place then only under exceptional circumstances the subject
should be presented as a witness before the court. Pieces of evidence,
statements and other information gathered with the help of hypnosis are
considered unreliable and are not admissible evidence. In the UK,
under Section 78 of the Police and Criminal Evidence Act 1984, it has been
considered that if a police records statement of an individual under hypnosis
will likely be ruled inadmissible by the court.

Judgements regarding DDTs

In one of the landmark judgements, the court had expressed its assent to
the use of scientific methods during the investigation. In Dinesh Dalmia v.
State., the Madras Highcourt ruled that the investigation should be
completed within the time-frame and any delay in the investigation will be of
benefit to the accused. Apart from this, it was also ruled that if the accused
fails to cooperate in the investigation then scientific methods can be used to
find out the truth surrounding the crime.

It is not the only case in which the court has opined in favour of scientific
methods to be used during the investigations. In another case, Sh.
Shailendra Sharma vs State, a similar stance was taken by the court and it
was held that such scientific methods aid in the investigation and can be of
great utility. What is to be noted is that the court further added that since
such scientific methods increase the pace of the investigation they become a
necessary aid at times and can be used. It is also to be noted that with an
increase in crime in society, such methods and growing technology is
required.

Regarding the constitutional validity, the court is of the opinion that by use of
these scientific methods, no constitutional infirmity arises. Such methods
only help in the investigation, and if any incriminatory statement comes to
the surface during the investigation, even then the prosecution cannot rely
on that statement and the same cannot be produced as evidence. In the
same case of Sh. Shailendra Sharma, it was also held by the court that, if
such narco-analysis test is being used then such tests should be within a
specified time frame.

Going through the above two case laws, it becomes very clear that these
judgments have acquiesced to the use of narco-analysis. Now it would be a
treat to know whether a similar stance has been taken in recent judgments
or not.

Recent Judgments: a change with time

Previous judgments have very clearly accepted the use of DDTs in the
investigation and the reasoning behind doing so was also clearly mentioned.
But now the stand of the Supreme Court on DDTs has been completely
different. To understand the change it is important to discuss a very
important case that helped in making the necessary changes.

Smt. Selvi & Ors Vs State of Karnataka

In this case, a completely different stand was taken by the supreme court.

Fact
In this case, review petitions were filed by the petitioners regarding the use
of DDTs (without consent) during an investigation on suspects and
witnesses. The reasoning for use of such methods has been similar as
mentioned in landmark judgements dealt with just above.
Legal issues

 Whether the use of DDTs without consent violates Article 20(3) of

the Constitution.
 Whether the use of DDTs increases the chances of self-
incrimination.
 Whether the use of DDTs violates the personal liberty of the subject
which is protected by the constitution under Article 21.

Key points of judgement

 Use of DDTs without consent (involuntary administration) violates

Article 20(3)of the Indian Constitution, Article 20(3) of the
Constitution deals with the right of an individual against self-
incrimination. It means that an individual cannot be forced to be a
witness against himself.
 Use of DDTs without consent (involuntary administration) violates
the principle of personal liberty and privacy protected under Article
21 of the constitution. (Personal liberty is infringed when the person
is confined against his will and the drugs are administered. Mental
privacy is breached when under the influence of drugs the subject is
made to acknowledge something, that in the conscious state they
would have denied).
 Use of DDTs without consent violates basic human rights. Referring
to the judgment in D.K. Basu vs. the State of Bengal, where
prevention of inhumane and degrading methods of investigation
with any person in custody was stressed upon, same was decided.
Professional ethics of medical practitioners is also questionable in such cases
because the administration of such drugs without consent violates basic
human rights. This issue was raised before the National Human Rights
Commission, and in concerning the same commission issued guidelines in
2000 which concerned the ethics of administration of such drugs.

Conclusion
With the change in time, technological changes are inevitable. Science and
reason are bound to flourish, but will it grow towards evolution or destruction
are still one of the major issues. With these scientific developments, the
effect on other fields is obvious, and in a field like Law which touches almost
every sphere of a citizen, Law cannot remain insulated. In the same light, the
legal field has witnessed a variety of changes, new legislation and
amendments all in order to cope with recent developments in the lifestyle of
the common man. Such changes involve legislation regarding cyber laws
development of IPR, all these are examples of such changes which the legal
field coped with a scientific approach. But often in the rat-race, we lose our
conscience and in blindness, we welcome every scientific approach. DDTs are
such an example, no doubt it can be of great help, but in thinking the pros
we must not forget that at the same time use of DDTs can be of great
trouble as well. Previous judgements of courts have allowed the use of DDTs
as it helps in the investigation, but recent judgements have made it clear
that they violate constitutional values also. The question is should we think
beyond the constitution for true justice or the constitution alone is the justice
in true senses.