CRIMINALISTICS

POLICE & FORENSIC SCIENCE

By: Khushi Goyal

Roll No. 22LLM026

Abstract:
Science is increasingly helping the investigators in carrying out various tasks involved
in the investigation. In scientific investigation, scientists provide scientific assistance
on the requisition of the investigating officer. The demand of scientific criminal
investigation is increasing because of criminal law’s requirement of high standard of
proof of guilt. Forensic science is not an individual subject but it is an umbrella term
that consists of other disciplines of science and touches almost every boundary of
medical subjects. The evolution of the forensic science field over the past twenty-five
years has made dramatic scientific breakthroughs (DNA typing, physical evidence
databases, related scientific instrumentation). It involves the use of multiple
disciplines such as physics, chemistry, biology, computer science, and engineering for
evidence analysis. For instance, physics is used to understand the pattern of a blood
spatter, biology to establish the source of an unidentified suspect and chemistry to
determine the composition of drugs.1 The present paper aims at to explore the
applicability of Forensic science in criminal investigation and what role it plays in
keeping law and order in a society. This paper also throws light on how forensic
science is acting as a bridge between the medical scientists and legal scientists.

INTRODUCTION
Crime scene is a sensitive place. The evidence, thereon, can be stolen, mutilated,
destroyed. It can also vanish if the weather takes a nasty turn. Its examination,
preservation, its evaluation and search of evidentiary clues brook no delay. Forensic
comes from the Latin adjective forensis, meaning "of or before the forum". It’s the
science that comprises of the matters that provide a common platform to both
scientists and legal professionals.2 Peter White has defined the term forensic science as

1
Alfred Swayne Taylor, Principles and Practice of Medical Jurisprudence, 1865. (Medical jurisprudence was term favoured
over forensic Medicine in 19th century. The former term reflecting more accurately the subjects perceived subservience to the
needs of the law).
2
Deepak Ratan & Mohd. H. Zaidi, Applications Of Forensic Science In India And World ( Alia Law Agency, Allahabad, edn.
2008), p.28.
1
 the o use of science in the investigation of crime by the police and by the courts as
evidence in resolving the issue in any subsequent trial.3
The two main pillars of forensic science are that:
 It is multi-professional.  It is multi-disciplinary
INVSTIGATION OF CRIME SCENE
Forensic science utilizes scientific methods or techniques to interpret evidence during
investigations. Often, a special unit of forensic technicians enters a crime scene to
properly perform the collection, documentation, and preservation of evidence such as
blood, fingerprints, etc. According to Locard’s exchange principle which states
“Every contact leaves a trace” means every person who enters or exits the scene will
add or subtract material from the crime scene. So, it’s crucial to quicky secure the
area. The gathered evidence is then examined and analysed to help determine exactly
what happened at the time of crime. It includes-
1. Securing and isolating the crime scene
2. Recording the crime scene
3. Systematic search for evidence
4. Collecting and packing of physical evidence
5. Maintenance of chain of custody
Finger Print
TOOLS: Kit
Examination Kit
Tools
Casting Kit

Investigator's
Basic Kit Blood Testing
Kit
Kit
A scene of occurrence is not limited to one place only. It may extend to one or more
places. In a compact scene of crime, such burglary, the scene may be divided into five
parts, namely:
1. Line of approach 2. Point of entry 3. Actual scene
4. Point of exit 5. Line of retreat
TECHINQUES
Examination of the scene of occurrence inquires planning and care. The examination
techniques vary from one scene to another and on personal preferences. The following
ones are common:
1. Zonal Method 2. Strip Method 3. Spiral Method 4. Cross-Hatch
Method
3
Peter White (ed.), CRIME SCENE TO COURT THE ESSENTIAL OF FORENSIC SCIENCE (RSC Publication, Cambridge), 1998.
2
 VARIOUS FIELDS OF FORENSICS RESEARCH
1. Cell phone Forensics: It is a branch of Digital Forensics, akin to Computer
Forensics. Forensic scientists have come up with Cell Phone Forensics
technologies, which sometime alone pin the crime to criminal.
2. Fingerprinting or Dactylography: Dactylography or Fingerprinting system
suggested by Galton was based on the accounts of Henry Faulds and Sir William
Hershel in Nature (1880), who claimed that the method was individualistic and
same throughout the life. Galton classified fingerprints into three types: (1) Arches
(2) Loops (3) Whorls. Magnifier, Flashlight, Lasers and Powder developments are
some tools for locating fingerprints.
Supreme Court in State of Bombay v. Kathi Kalu4, has decided that taking of
fingerprints even against the wishes of the accused person is not against the
Constitution.
3. Tracks and Trails: The SC5 has dubbed identification of footprint (which
includes footwear or tyre marks also) as rudimentary science and not much
reliance can be placed on track mark evidence. The unfair stigma continues. A
ruling of Supreme Court says that it is a science and is covered by section 45 of
IEA taking of specimen footmark is lawful.
4. Firearms Forensics: Ballistics is the science of mechanics that deals with the
flight, behaviour, and effects of projectiles, especially bullets, gravity bombs,
rockets. When a bullet is fired from a gun, the gun leaves microscopic marks on
the bullet and cartridge case. These marks are like ballistic fingerprints which
means a set of forensic techniques that rely on marks that firearms leave on
bullets to match a bullet to the gun it was fired with. 
Gun Ballistics Gun Ballistics is the study of projectiles from the time of shooting
to the time of impact with the target. Gun ballistics is often broken down into the
following four categories, which contain detailed information on each category:
 Internal Ballistics, (sometimes called interior ballistics) the study of the process
originally accelerating the projectile, for example the passage of a bullet through
the barrel of a rifle;
 Transitional Ballistics, (sometimes called intermediate ballistics) the study of the
projectile’s behaviour when it leaves the barrel and the pressure behind the
projectile is equalized.

4
1961 AIR 1808.
5
Pritam Singh v State of Punjab, Air 1956 Sc 415.
3
  External Ballistics, (sometimes called as exterior ballistics) the study of the
passage of the projectile through space or the air; and
 Terminal Ballistics, the study of the interaction of a projectile with its target,
whether that be flesh (for hunting bullet), steel (for an anti-tank round), or even
furnace slag (for an industrial slag disruptor).
5. Disputed Documents: The term “document” has been defined u/s 29 of Indian
Penal Code comprehensively.6 When the authenticity of a document is questioned
it become a disputed document. They have three main categories: Spurious,
Altered and Wholly Spurious Documents. IO’s role include collection,
preservation, requesting specimens and transportation of documents. In State v.
S.J. Chaudhary7, typescript identification has acquired general acceptance in
1996.
Specimens’ u/s 73 of IEA: In State of Haryana v Jagbir Singh8, SC has
interpreted the power of the court u/s 73 of IEA. The SC ruled that the court has
no power to order any person to give specimen writing in cases under
investigation. However, during trials if the court need specimens for its own
scrutiny they have the power to order. Addition to this, Sec. 311 A of Cr.P.C.
empowers to order specimens during investigation.
6. Forensic Toxicology: Toxicology is the study of poisons or it is the science of
poisons. According to Walls toxicology can be divided into:
1. Clinical Toxicology: The recognition of the symptoms of poisoning, and the
application of proper remedial measures;
2. Chemical Toxicology: the detection of the poison in stomach washings, blood
samples, etc. (if the patient or the victim recovers), or in post-mortem material (if
he dies)9.
Toxicology is the learning of the antagonistic effects of elements/compounds on
living organisms. Forensic toxicology consists of an inclusive list of various
disciplines that help in detection and interpretation of various drugs and different
kinds of poisons in the medico legal death investigations which involve scientific
technology with legal colour and various human performance issues. In these
investigations, the two main objectives are to:

6
The word “document” denotes any matter expressed or described upon any substance by means of letters, figures, or marks,
or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.
7
AIR 1996 SC 1491.
8
AIR 2003 Sc 4377.
9
Terence. F. Kiely, FORENSIC EVIDENCE-SCIENCE AND CRIMINAL LAW (CRC Press, Washington D.C 2001), Pg101 210,
available at google.books.com
4
 a) Establish if the toxicants under question are having the capacity of causing
death. b) Establish if the toxicants which are to be investigated under toxicology
can cause behavioural changes10.
7. Narcotics: Narcotic Drugs and Psychotropic Substances Act, 1985 has not
defined the term ‘narcotic’ in general terms. It has however defined various
narcotic drugs and related terms in section 211. In investigation of narcotics
offences, the investigator has to deal with the following entities: The addict, the
drug peddler, the drug joint, the clandestine drug laboratory, and the drug sources.
8. Alcohol: In cases of drunkenness, the subject is the real clue source. The
drunkenness is identified by: medical examination, physical tests and chemical
analysis.
9. Arson-Fires: Human burnt bodies are the corpus delicti in some crimes and such
burns are classified into first-, second- and third-degree burns.

Experts

Professional Fire Brigade Electrical Explosive Forensic

Architect
Photographer Staff Engineer Expert Expert

10. DNA Profiling: DNA profiling is a forensic technique used to identify individual
by their DNA. It is also called DNA fingerprinting or DNA typing. It is a
providing proof beyond reasonable doubt in cases of homicide, adultery, rape,
robbery and burglary, murder, paedophilia, unidentified dead bodies.
DNA typing has the following applications:
 Establishment of paternity and maternity
 Establishment of biological relationship for immigration purpose
 Detection of cases of child swapping
 Identification of rapist in rape cases including gang rape cases
 Identification of mutilated remains as in case of bomb blasts, murder, mass
disasters
 Wild life identification
 Detection of bacteria and other organisms that may pollute air, water, soil, and
food Authentication of consumables such as wine
11. Forensic Odontology: Forensic Odontology is defined as that branch of forensic
science when dental Expertise is applied to the legal systems. The word Forensic
Dentistry is sometimes synonymously used for word Forensic Odontology.

10
V.V. Pillay, TEXTBOOK OF FORENSIC MEDICINE & TOXICOLOGY (Paras Medical Publisher, 17 edn. 2016), p. 100.
11
Sec. 2 of NDPS Act, 1985, available at https://legislative.gov.in/sites/default/files/A1985-61.pdf (last visited on 01.04.2023).
5
 Forensic Odontology may also be defined as the scrutinization, estimation and
proper handling of the evidence which are presented before the court of law for
the interest of justice. An odontologist or simply a Forensic dentist examines the
teeth and prostheses and thereby provides the information about the cause of
death.
12. Forensic Chemistry: The chemistry department is typically the major sole unit in
a forensic laboratory (followed by the biologist). The kind of materials picked up
are paint and glass- often resulting from vehicle crashes or hit- and- run accidents
The chemist is also having the in authority for the examination and matching of
impression, such as tyre and shoe-print and tool marks left at the scene of a crime
customarily during the process of illegal entry12.
13. Forensic Anthropology: Anthropology is the study of humans and human
behaviour. Anthropology is a very diverse field and is not restricted to one area
only but consists of various subdivisions. Mainly this diverse field has three main
divisions namely: 1. Forensic Osteology 2. Forensic Archaeology 3. Forensic
Taphonomy.
Osteology is the study of bones in individual and skeleton as a whole.
Archaeology involves the controlled assemblage and diggings of human remnants
and other evidences from the scene of crime. Taphonomy is the study of
deviations occurring to the human remains at the time of and after the time of
death, comprising of trauma, putrefaction and environmental alterations.
Forensic anthropology is the application of the science of anthropology along
with it all its sub divisions to a legal setting. Forensic anthropologists also prove
helpful in the investigation and documentation of mass graves and genocides.13
14. Forensic Entomology: Forensic entomology is that branch of science that deals
with study of insect and other arthropods. It is related to the biology, locations,
mutations and their control in relation to world’s environment. Forensic
entomology is principally related with death investigations; on the other hand, it
may also be used to distinguish, identify various forms of drugs and poisons,
define the location of an event, discover the extent of a period of neglect in the
elderly or children, and catch the occurrence and time of the infliction of injuries.
15. Forensic Psychiatry: The subject that deals with the study of mental illness, with
particular reference to diagnosis and treatment of mental disorders is known as
psychiatry and the subject that deals with application of Psychiatry in the

12
Brian Lane, THE ENCYCLOPAEDIA OF FORENSIC SCIENCE 5 (BCA Publication, London).
13
B R Sharma, FORENSIC SCIENCE IN CRIMINAL INVESTIGATION & TRIALS, (Universal Lexis Nexis edn. 6th, 2021).
6
 administration of justice, is known as Forensic Psychiatry.14 The most precise
definition of Forensic Psychology is: “The study of human behaviour in legal
settings or relevant legal environment”.15
LEGAL PROVISION & JUDICIAL PRONOUNCEMENTS:
In India, the application of forensic science to crime investigation and trial has to
stand the limitation of law. The predominant questions therein are: viz.
a) What is the constitutional validity of such techniques?
b) To what extent does the law allow the use of forensic techniques in crime
investigation?
c) What is the evidentiary value of the forensic information obtained from the
experts?
1. Articles 20(3) and Article 11 of UDHR are based upon the presumption drawn
by law that the accused person is innocent till proved guilty16.
2. Sec. 73 of the Indian Evidence Act empowers the court to direct any person
including an accused to allow his finger impressions or DNA to be taken. The
Supreme Court has also held that being compelled to give fingerprints does not
violate the constitutional safeguards given in Art. 20(3).17
3. Section 4 of Identification of Prisoner’s Act permits a police officer of the rank
of sub-inspector to take the finger print of an accused, arrested for an offence
punishable with at least 1 year’s rigorous imprisonment. And Section 4 & 6 of
the said Act, a first-class magistrate can direct any person to be fingerprinted, if it
will expedite the investigation.
4. The evidence of finger print and foot mark expert is admissible u/s 45 of IEA &
the Track Evidence is presented in the form of a report which is acceptable u/s
293 of Cr.P.C.
5. Section 53 of the Criminal Procedure Code, 1976, provides that a person
accused may be subjected to a medical examination if the officers believe that the
examination can provide some evidence to the crime.
6. Sec. 164A of Criminal Procedure also authorizes the medical examiner to
examine the victim of the rape case within 24-hours. But the question arises

14
Supra Note 10 at 5.
15
M. Fanetti, W.O. Donohue, et al, FORENSIC CHILD PSYCHOLOGY; WORKING IN COURTS AND CLINIC (John Wiley and Son’s
publications, 2015), page no.3.
16
Universal Declaration of Human Rights, United Nations High Commissioner For Human Rights,
http://www.icnl.org/research/library/files/Transnational/UNIVERSAL_DECLARATION_OF_HUMAN_RIGHTS.pdf (last
visited on 29.03.2023).
17
Gaurav Aggarwal, SMART STUDY SERIES FORENSIC MEDICINE &TOXICOLOGY 73 (ELSEVIER A division of Reed Elsevier
India Private Limited, Gurgaon Haryana), 2009).
7
 whether all the practitioner is proficient for the collection of DNA samples. It is a
well-known fact that the sample collection must not be contaminated as it would
be of no further use.
7. Rejecting the contention that the study of the footprints is not a science in Din
Muhammad v Emperor, Central Provinces Police Gazette,18 the court of the
Judicial Commissioner at Nagpur (H J Stanyon and H F Hallifax, A J Cs) as far
back as in 1914 held: “The knowledge of the footprints has similarly been
systematized and pursued by the trackers, mainly uncivilized and ignorant people
an all the other respects, all over the world. The matter is therefore undoubtedly a
science and opinion of a person especially skilled in it is a relevant fact, under
Sec-45 of the Evidence Act”.
8. In Harpal Singh vs State Of H.P,19 the fact in issue was about the age of the girl,
the age of the girl was ascertained by scientific techniques, the same result
obtained by that of the medical tests was then corroborated with those of the
records of the school which was certified by that of the headmaster and also by
the entry in the birth register.
9. The case which brought DNA controversy to the forefront in the Indian Legal
System was rape and murder of Priyadarshani Matoo.20 At trail stage, this case
relied upon the DNA tests of vaginal swabs of the deceased, which later came to
be positive and made ends of justice meet.
10. The same technology of DNA testing has also helped to prove that the former
minister Rajendra Mushahary belonging to Asom Gana Parishad had raped a
woman twice and due to which such lady became pregnant thus he was held to be
the father of the woman’s child.21 This technology of DNA Testing proved
beneficial in bringing the murderer of Rajiv Gandhi,22 Dhannu,23 to meet her fate
by testing her mutilated body. Similarly, the terrorist attack that happened on
WTO building 9/11 in New York bodies of victims were identified by scientific
technology of DNA testing.
11. Tandoor Murder Case (1995) Delhi,24 this was the first criminal case in India
solved by the help of forensics. In this case Sushil Sharma murdered his wife by
firing bullets into her body because of the misunderstanding that she had illicit

18
AIR 1927 Mad. 696: 27 Cr. L. J 1251.
19
(1999) 8, SLC 679.
20
CBI vs Santosh Singh FIR no.50/96 courts of additional Session Judge, New Delhi.
21
Pranam Kumar Rout, DNA TEST A FORENSIC BOON, Criminal Law Journal, 2003, pg. 349.
22
State of Tamil Nadu vs. Nalini & Others 1996(6) , SCC, pg. 241.
23
Real name is Thenmozhi Rajaratnam.
24
Sushil Sharma Vs State of Delhi (2014) 4 , SCC, 317.
8
 relationship with her classmate and fellow congress worker Matloob Karim.
After committing the sinful act, he took her body in his car to the Bagiya
restaurant, where he along with the manager of restaurant Keshav Kumar
attempted to burn her in a tandoor there. Police recovered Sharma’s revolver and
blood-stained clothes and sent them to Lodhi Road forensic laboratory. They also
took blood sample of Sahni’s parents, Harbhajan Singh and Jaswant Kaur and
sent them to Hyderabad for a DNA test. Lab reports confirmed that the body was
that of wife of Sushil Sharma and he was found guilty with the help of forensic
evidences.
12. Sister Abhaya murder case (1995) Kerala25, the Sister Abhaya Case is a case
regarding the death of a Knanaya Roman Catholic nun, who was found dead in a
water well in St Pius X convent in Kottayam, India, on 27 March 1992. During
the investigation of this case various scientific techniques like Narco-analysis,
Brain Mapping, Polygraphic tests were used to solve this case and finally two
priests were held liable for the rape and murder of sister Abhaya.
13. Aarushi Talwar murder case (2013) Noida, 26 Aarushi Talwar, the 14-year-old
daughter of a successful dentist couple, was found dead with her throat slit in her
parents’ home. Suspicion immediately fell on the family's live-in man-servant,
Yam Prasad Banjade alias Hemraj, a 45-year-old Nepalese national, who was
found missing from the home. But later on, after the investigations were
complete it was seen that the murder was committed by her own parents and
declared as a case of honour killing.
CONCLUSION
It can be evaluated that Forensic science plays an integral role in the criminal
justice system. In modern times, there has been an increased rate of crimes, so
that the technique of the crime has also changed and advanced as per the
technology. Therefore, it is pertinent that the police and the investigating
machinery use forensic science to detect crime and also are at par with the
growing technology and various natures of crime.  Forensic science can be used
in almost every criminal case; however, investigations of rape, homicide, and
burglary are those that benefit the most from forensic science.

25
In Re: Sr. Abaya Vs unknown.
26
Dr. Rajesh Talwar & Anr. vs. CBI: 2013(82) ACC 303.
9