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Scientific and Forensic Techniques (Notes)]

Module I– Introduction to Forensic Science

1. Objective and need of Scientific Investigation:


a. “Forensic investigation” is often referred to as forensic science, which is the application of
science to criminal as well as civil law. The word forensic is derived from the Latin word
forensis, which means “of or before the forum”.
b. It is the act of utilizing science to establish facts or evidence which is to be used for crime-
based trials or proceeding. Many different fields of science can be applied for forensic
investigations or forensic studies including biology, medicine, anthropology and even
engineering. Forensic investigation for engineering purposes provides the court of law with
specialized skills in areas ranging from design to construction to failures in manufacturing. For
example: (i) Investigators can look at blood, fluid, or fingerprints, residue, hard drives,
computers, or other technology to establish how a crime took place. (ii) There are other wide
range of crime scene investigators like ballistics experts, who study the trajectory of
ammunition and match bullets to potential firearms, and odontologists, who specialize in
teeth and bite-marks to identify missing persons or victims of mass disaster.
c. Objective/ Relevance of Forensic Science: (i) When it comes to level of investigation no matter
what the level of severity of the case will be, nothing can prove more beneficial to the crime
investigator than the use and implementation of the principles of forensic science. The results
of those forensic investigations can mark the difference between the acquittal and conviction
in the court of law. (ii) Forensic science has come up in a big way to assist criminal
investigation. It helps to interrogate suspect, victim and even witness to get the truth.
Neurological tests viz. hypnosis, psychological detection of deception (Lie detection), Narco-
analysis and Brain mapping has revolutionized the police investigation saving time money and
effort and providing far superior results. (iii) Forensic science facilitates criminal investigation
in all varied facets and plays the pivotal role in keeping law and order in a society; (iv) Nations
all over the world have resorted to a liberal approach towards the acceptance of the scientific
techniques and the importance of these techniques in criminal investigation can be gathered
from the fact that it does not need further justification. This scientific investigation helps in
developing a link between the past and present of the crime what known as Corpus Delecti or
the body of the offence. Case-laws: (i) In Harpal Singh vs State Of H.P, 33 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; (ii) The case which brought DNA controversy to the forefront in the Indian
Legal System was rape and murder of Priyadarshani Matoo. 34 At trial 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. 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. This technology of DNA Testing proved beneficial in bringing the
murderer of Rajiv Gandhi. Similarly, the terrorist attack that happened on 9/11, bodies of
victims were identified by scientific technology of DNA testing.
d. Need of Forensic Science: The roles of forensic scientists have become vital to the sentencing
of criminals due to the reliability and accuracy of the evidence they provide. It is also a section
of forensics that is constantly growing and changing as technology advances. Crime scene
investigations document and gather any physical evidence found at a crime scene in order to
solve a crime or determine whether a crime has taken place. This kind of investigation also
includes the analysis of what investigators collect to ensure the evidence is credible and
relevant. Furthermore, forensic science is an advantage in conveyance of justice without any
delay. At present time because criminals are embracing new modern sophisticated
techniques in committing the crimes, so, it is not possible to solve the crime without applying
the new scientific technique. Therefore, the importance of forensic science is fast increasing
in the Present time with the help of forensic science and its new techniques the mystery crime
can be easily solved. The scope of forensic science is ever-increasing with passing of the time.
e. Case-laws: (i) Tandoor Murder Case (1995) Delhi, this was the first criminal case in India
solved by the help of forensics. In this case Shusil Sharma murdered his wife by firing bullets
in to her body because of the misunderstanding that she had illicit 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 shusil
sharma, the DNA report said, "The tests prove beyond any reasonable doubt that the charred
body is that of NainaSahni who was the biological offspring of Mr. Harbhajan Singh and
Jaswant Kaur." And finally Mr. Shusil Sharma was found guilty with the help of forensic
evidences; (ii) Aarushi Talwar murder case (2013)– Aarushi Talwar, the 14-year-old daughter
of a successful dentist couple, was found dead with her throat slit in her parents home at
Jalvayu Vihar in Noida, a posh suburb of Delhi. Suspicion immediately fell on the family's live-
in manservant, 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 honor killing.
2. Police Powers of Investigation (no. 14):
a. Power to Arrest: Section 41– Police officer may without any order from a magistrate and
without a warrant under the circumstances mentioned therein. Every Police officer
should be thoroughly conversant with the powers of arrest and privileges of the Police
including the provisions in various special and local laws. The power to arrest without
a warrant should be exercised only after a reasonable satisfaction is reached, after some
investigation, as to the guidelines and bonafides of a complaint and a reasonable belief
as to both the person’s complicity as well as the need to effect arrest [Joginder Kumar’s
case – (1994) 4 SCC 2006].
b. Section 42– Any person who, in the presence of a Police officer, has committed a non-
cognizable offence refused to give his name and address.
c. Section 60– If a person in lawful custody escapes or is rescued, the person from whose
custody he escaped or was received may immediately pursue and arrest him in any place in
India.
d. Section 129 (2)– Any officer in charge of a Police Station or in the absence of such officer in
charge, any Police officer, not below the rank of a Sub-Inspector, while dispersing any
unlawful assembly, if necessary, may proceed to arrest and confine the persons who form
part of the unlawful assembly in order to disperse such assembly or that they may be
punished according to law.
e. Section 151 Cr.P.C.– Any person (or group of persons) designing to commit any cognizable
offence can be prevented by the arrest.
f. Section 300 (3) Cr.P.C.– A person convicted of any offence constituted by any act causing
consequences which, together with such act, constituted a different offence from that of
which he was convicted, may be afterwards tried for such last-mentioned offence, if the
consequences had not happened, or were not known to the court to have happened, at the
time when he was convicted.
g. Section 432 (3) Cr.P.C.– If any condition on which a sentence has been suspended or remitted
is, in the opinion of the appropriate government, not fulfilled, the appropriate government
may cancel the suspension or remission, and thereupon the person in whose favour the
sentence has been suspended or remitted may, if at large, be arrested by any Police officer
without warrant.
h. Arrest in cognizable cases may be considered justified in one or other of the following
circumstances: (i). The case involves a grave offence like murder, dacoity, robbery, rape, etc.,
and it is necessary to arrest the suspect to prevent him from escaping or evading the process
of law. (ii). The suspect is given to violent behavior and is likely to commit further offences.
(iii). The suspect requires to be prevented from destroying evidence or interfering with
witnesses or warning other suspects who have not yet been arrested. (iv). The suspect is a
habitual offender who, unless arrested, is likely to commit similar or further offences.
i. Procedure of Arrest: (i) Section 46(1)– The Police officer making the arrest shall actually touch
or confine the body of the person to be arrested, unless there be a submission to the Police
custody. The use of handcuffs or leg chains should be avoided and if at all, it should be
resorted to strictly in accordance with the law repeatedly explained and mandated in
Judgement of the Supreme Court in Prem Shanker Shukla V. Delhi Administration [ (1980) 3
SCC 526] and Citizen for Democracy V. State of Assam [(1995) 3 SCC 743].; (ii) Section
46(2)(3)– If any person resists the arrest or attempts to evade the arrest, the Police officer
arresting him may use all means necessary to effect the arrest. The Police officer is not given
right to cause the death of a person who is not accused of an offence punishable with death
or with imprisonment for life; (iii) Section 47(3)– Any Police officer to make an arrest may
break open any outer or inner door or window of any house or place in order to liberate
himself or any other person who, having lawfully entered for the purpose of making an arrest,
is detained therein; (iv) Section 48– A Police officer may, for the purpose of arresting without
warrant any person whom he is authorized to arrest, pursue such person into any place in
India; (v) Section 51– The Police officer making an arrest shall follow the following: (a). He
may search the arrested person. (b). He may place in safe custody all articles other than
necessary wearing apparel found upon the arrested person. (c). If any article is seized from
the arrested person, a receipt showing the articles taken in possession by the Police officer
shall be given to the arrested person; (vi) Section 51(2)– Whenever it is necessary to cause a
female to be searched, the search shall be made by the Woman Police or Women Home
Guards with strict regard to decency; (vii) Section 55– The Police officer making an
investigation can depute any officer subordinate to him to arrest without a warrant with an
order in writing, specifying the person to be arrested and the offence or other cause for which
the arrest is to be made and the subordinate officer so required shall, before making the
arrest, notify the person to be arrested the substance of the order. If required, he shall show
the order to the arrestee; (viii) Section 57– Any person arrested by any Police officer shall not
be detained in the custody of the Police more than twenty- four hours; (ix) Section 58–
Officers in charge of the Police Stations shall report the Judicial Magistrate the cases of all
persons arrested in Form No. I; (x) Section 50(1)– Where the arrest is without a warrant, the
person arrested has to be immediately informed of the ground of arrest in a language which
he or she understands. Again, for this purpose, the Police, if necessary, may take the help of
respectable citizens. These grounds must have already been recorded in writing in Police
records. The person arrested should be shown the written reasons as well and also given a
copy on demand; (xi) Section 50(2)– If a person is arrested for a bailable offence, the Police
officer should inform him of his entitlement to be released on bail so that he may arrange for
sureties. Apart from informing the person arrested of the above rights, the Police should also
inform him of his rights to consult and be defended by a lawyer of his choice. He should also
be informed that he is entitled to free legal aid at state expense [D.K. Basu’s case (1997) 1
SCC].
j. Section 167– In non-bailable cases, if the investigation cannot be completed in twenty four
hours, the Police officer making the investigation, if he is not below the rank of Sub-Inspector
of Police, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in
the diary along with a report under section 167 Cr.P.C. and shall at the same time forward the
accused to the Magistrate who may, whether he has or has no jurisdiction to try the case,
authorize the detention of the accused in such custody as he thinks fir for a term not
exceeding fifteen days. If he has no jurisdiction to try the case or commit it for trial and if
considers further detention unnecessary, he may order the accused to be forwarded to a
magistrate having such jurisdiction. The magistrate may authorize detention of the accused,
otherwise than in custody of the Police, beyond the period of fifteen days, if he is satisfied
that adequate grounds exists for doing so, but no magistrate shall authorize the detention of
the accused person in custody under section 167 Cr.P.C. for a total period exceeding 90 days
where the investigation relates to an offence punishable with death, imprisonment for life or
imprisonment for a term of not less than 10 years, and 60 days where the investigation relates
to any other offence and on the expiry of the said period, the accused person shall be released
on bail if he is prepared to and also furnish bail. Whenever an application for the remand of
an accused person is made, the investigation officer should invariably produce the accused
before the Magistrate.
k. Post Arrest requirements
l. Directives Of the Supreme Court on Matters Relating to Arrest, Detention and Interrogation
of a Person– 11 guidelines on arrest drafted and given to all state governments on “preventive
measures” that should be strictly followed to curb custodial violence (DK Basu)
m. Impermissibility of informal detention: The Police cannot pursue their investigation by defying
the provisions of law on the pretext that no actual arrest has been made when, to all intents
and purposes, a man has been in their custody or in detention.
n. Section 43– Arrest by private individual
o. When a person is arrested, he shall be taken at once to the nearest Police Station. He should
not be kept in a private house, temple, mosque or church.
3. Constitutional Privileges to the accused
a. Article 21 of the constitution of India provides that no accused shall be deprived of his life or
personal liberty except in accordance with procedure established law which is just, fair and
reasonable. This article also provides that the accused has the right to free and speedy trial.
b. Article 20(2) of constitution of India, no person shall be prosecuted and punished for the same
offence more than once.
c. Article 20(3) of constitution of India, no person accused of any offence shall be compelled to
be a witness against himself.
d. Article 22 (1) of the constitution of India provides that every person placed under arrest shall
be informed, as soon as possible, the ground of arrest and shall not be denied of the right to
consult and be defended by a lawyer of his choice.
e. Apart from the Constitutional safeguards: (i) Section 207 CrPC– Accused has the right to be
furnished with the following in case the proceeding has been initiated on a police report; (ii)
Section 227 CrPC– when the judge is convinced that there is no sufficient ground for
proceeding against the accused after duly considering the case, it is the right of the accused
that he be discharged; (iii) Section 243(1) of CrPC- The accused has the right to present his
evidence and defend his case. The magistrate is duty bound to record written statements put
by the accused; (iv) Section 273 of CrPC– it is obligatory on the part of the Magistrate to
ensure that all evidence taken in the course of the other proceeding shall be taken in the
presence of the accused or, when his personal attendance is dispensed with, in the presence
of his pleader; (v) Section 303 of CrPC and Article 22(1) of the constitution of India provides a
right to all the accused persons, to be defended by a pleader of his choice; (vi) Section 303 of
CrPC and Article 22(1) of the constitution of India provides a right to all the accused persons,
to be defended by a pleader of his choice; (vii) Section 304(1) Cr.PC– Where, in a trial before
the Court of Session, the accused is not represented by a pleader, and where it appears to the
Court that the accused has not sufficient means to engage a pleader, the Court shall assign a
pleader for his defense at the expense of the State; (viii) Section 311 of CrPC gives the accused
(and the prosecution) full right to cross examine a witness called by the Court.
f. Some natural rights of accused: No man shall be Judge in his own cause; Both sides shall be
heard, or audi alteram partem; Right to cross-examine; Right to legal representation; The
parties to a proceedings must have due notice of when the Court/ Tribunal will proceed; The
Court/ Tribunal must act honestly and impartially.
4. Law and Forensic Science: Expert opinion & Admissibility
a. Who is an expert? An expert is a person with high knowledge and skill in a particular field of
study, a person who has earned specialized knowledge and skill in that particular field of
study. Evidence is information or opinion given by any person that proves the allegation to be
true or not to be true. So expert evidence is information or opinion given by an expert in any
field that person is specialized in, which comes out to be evidence in any matter. In field of
law, expert witness is a person whose opinion is accepted by judge relating to any fact or
evidence. An expert witness giving an opinion should be only on those matters in which that
witness has specialized skills. This opinion given by expert witness is called expert opinion and
if any evidence delivered by expert is called expert evidence. Expert evidence is applied to
both civil cases and criminal cases. According to Section 45 of The Indian Evidence Act, 1872
“When the Court has to form an opinion upon a point of foreign law or of science or art, or as
to identity of handwriting [or finger impressions]1, the opinions upon that point of persons
especially skilled in such foreign law, science or art, [or in questions as to identification of
handwriting], [or fingerprint analysis] are relevant facts. Such persons are called experts.”
b. Types of Evidences: (i) Testimony Evidence; (ii) Documentary Evidence (example: When the
handwriting on document needs to be identified then forensic experts match the handwriting
on document with the sample handwriting of certain person and give their opinion as to the
handwriting of both the documents); (iii) Physical Evidence
c. Explanation: Experts working or investigating in forensic labs do study on material objects.
When these experts give their opinion about any fact relevant to case in court, court may
admit or deny the expert’s opinion. Whenever a doubt is created or an expert is required with
his physical presence, the expert is called for its testimony in the court of law. An expert starts
studying a legal court case only after an expert has been appointed by the court if it feels any
necessity of expert evidence. An expert witness when gives the expert evidence has to be a
written report. The report must further be given according to the rules provided in provisions
of the Act. Unless the interest of justice requires an expert to be present in court, the court
will not ask expert to attend the trial.
d. Medical evidence is only an evidence of opinion. It is only to settle the matter and not so
important. In case of Nilabati Behra v. State that the opinion of a doctor is reliable if he held
the post-mortem examination and of Forensic Science Laboratory. If any other expert doctor
gave any contrary opinion who gave cryptic report and based on its conjectures should not
be relied upon. In the case of Madan Gopal v. Naval Dubey it was held that the medical
opinion is just an opinion and is not binding to the court. Opinion on technical aspects and
material data given by the medical experts is only considered by court as advice and the court
must form its own opinion. In the case of Prem v. Daula it was held that if there is confliction
between medical evidence and direct evidence given by eye witnesses then direct evidence
given by eye witnesses must be preferred if its testimony is undoubted and not the opinion
evidence of the medical expert.
e. The following are the types of expert evidence and caselaws depicting their binding force:
Medical evidence as to age: In the case of S.K. Belal v. State, it was held that if medical
evidence shows her age between 17 to 18 years but on the other side documentary evidence
shows her age about 18 years, a victim girl cannot be proved minor. But in case of Jagtar
Singh v. State, it was held that if birth certificate is not reliable, the opinion of doctor should
be relied upon regarding the age of victim.
f. Evidence of DNA Expert
g. Opinion of ballistic expert: In case of Gundegowda v. State, it was held that ballistic expert
report was admissible without calling ballistic expert as witness. In case of Rchhpal Singh v.
State of Punjab, it was held that the opinion of ballistic expert is very importance in cases
where injury is caused by firearms. In case of failure to produce such opinion report effects
the credit worthiness.
h. Opinion of fingerprinting, handwriting, scientific expert etc etc.
i. Admissibility of Expert Evidence: Expert opinion is admissible only when an expert is examined
as a witness in a court. Unless the expert gives an appropriate reason for his opinion and being
tested during the cross-examination of opponent party, an expert opinion cannot be
admissible. Law has stated various provisions for the examination of experts. According to
section 293 of CrPC the report of Government scientific experts provided under this section
will be held admissible as evidence in inquiry, trial or other proceedings of the court, if the
court can summon or examine the experts. If court feels any need to call upon the expert to
examine as to subject matter of his report, the court can summon such expert. Further this
section states that when court summons such expert and that expert is not able to attend
personally, such expert can send his responsible working officer on his behalf who is well
versed with the examination done by such expert.
j. Usually unless expert evidence is supported by other evidence court does not rely on such
expert evidence. A Jury is not bound to entertain the opinion. Jury may accept or reject the
opinion or beliefs of witnesses. Some of the possible changes according to me that can
address the lacunae are: → In many cases, it’s just the expert who gives an independent
opinion due to which it is corroborative evidence. There should be more equipment or
instruments that can be helpful for more reliable conclusions by an expert. → More on field
experts should be there. Every investigation starts from the crime scene, if not handled or
taken care of properly the evidentiary value or things might lose. In India police lack in proper
management of the crime scene, so more forensic experts on field should be appointed. →
Every expert makes an opinion on the basis of evidence received in the laboratory and the
information provided by the investigating officer. To improve the quality of reports the expert
should himself collect the data and evidences instead of relying on the information provided
by others. → An expert when called to the court for testimony, the expert handling the case
should himself go for the same. No alternative person can give better explanation than the
expert himself who gave the opinion. → More independent forensic science laboratories
should be there so that the cases pending due to the delay in government forensic science
laboratories are solved as early as possible. → Even the already established forensic science
laboratories should be well equipped and maintained so that the report formed is more
accurate and reliable.

Module 2– Crime Scene Management

1. Medical Examination of Victim and Accused– The medical examination is done to know the true
facts about the incident that happened with the victim and how. It provides a substantial piece of
evidence to the police officers which helps them to expedite the process of investigation. The fact
findings are corroborated with the help of the medical examination. It helps to reach a conclusion
expeditely.
a. For Victim: Section 164A (Read complete section)– provides for the procedure of examination
of the rape victims: When during the stage of investigation of the offence of rape or attempt
to rape, it is proposed the victim to get medically examined with a registered medical
practitioner of government or any local authority, if not present, then any registered medical
practitioner with the consent of the woman or the person competent to give consent on her
behalf. The woman should be sent to the medical practitioner for the examination within
24hrs of receiving the information of commission of the offence.
b. Section 27 of POCSO Act– (1) The medical examination of a child in respect of whom any
offence has been committed under this Act, shall, notwithstanding that a First Information
Report or complaint has not been registered for the offences under this Act, be conducted in
accordance with section 164A. (2) In case the victim is a girl child, the medical examination
shall be conducted by a woman doctor. (3) The medical examination shall be conducted in the
presence of the parent of the child or any other person in whom the child reposes trust or
confidence. (4) Where, in case the parent of the child or other person referred to in sub-
section (3) cannot be present, for any reason, during the medical examination of the child,
the medical examination shall be conducted in the presence of a woman nominated by the
head of the medical institution.
c. The medical examination of any woman who is the victim of sexual violence is done only when
that woman gives the consent. Section 164A(7) bars the court and police to do the medical
examination of the victim without the consent of the victim. The consent can be given by the
victim or the person competent on her behalf to give the consent.
d. →If the victim is not in the condition to give consent, then the parents of the victim can give
the consent. If the victim is a child below 12 years and there is no one on her behalf to give
the consent, then the senior doctor from the panel of hospital authorities can give the
consent. The decision will be done in the best interest of the child. → As per the provision of
Section 89 and 90 of the IPC, the survivor can give consent for the medical examination if her
age is more than 12 years. → As per Section 92 of IPC, a doctor can conduct the lifesaving
procedure of the patient without his/her consent. →If the Parents of the child is against his
welfare then the Child Welfare Committee should be informed who has the responsibility to
take care of the Child under Juvenile Justice Act, 2015. →For conducting the medical
examination of any person who is mentally challenged, informed consent of any of the
persons can be taken who will act in the best interest of him- Jurisdictional Court, Parents or
Local Guardian, Doctors from the hospital, Child welfare committee in case of a child. → For
conducting the medical examination of a person having hearing and speech impaired
survivors, the informed consent can be obtained using an interpreter. The consent form
should be signed by the survivor, witness and examining doctor.
e. For Accused: Section 53 CrPC– provides for the procedure of medical examination of the
accused. Whenever the accused has committed an act or is alleged to have committed an act,
the police has reasonable grounds to believe that the medical examination of the accused
person can help the police to get evidence of the commission of the offence, then they can
request a registered medical practitioner for the examination of that person. The police
officer directing the medical practitioner should be sub-inspector or above the rank of the
Sub Inspector. When the accused is female then she can be examined under the supervision
of the female medical practitioner.
f. Section 53A CrPC (Read complete section)– provides for the procedure of examining the
accused of rape cases: Whenever a person is accused of committing rape or attempt to
commit rape and there is reasonable ground to the belief that the examination of the accused
can afford evidence for the commission of the offence, it shall be lawful for the registered
medical practitioner of the government hospital or any local authority, if not present, then
within the radius of the 16 km from the place of occurrence of the crime, the examination can
be done with any registered doctor on the request made by the police officer, not below the
rank of sub-inspector.
g. Fallouts of the current procedure of victim examination: The procedure of the victim’s medical
examination should be changed according to the current situation. The procedure envisages
about the medical practitioner presence in the vicinity of the place of commission of offence
but if the offence is committed in the remote area where there is no access to medical
facilities, then what are the possibilities that can be exercised should also be looked into. The
improvement should be done in the government hospital and it should be equipped with the
modern machines to address the concern of recent times.
h. Landmark case-laws: (i) Deoman Shamji Patil vs. the State– The petitioner was the accused.
One day the police officer received the information that one person is misbehaving and
creating mischief on the public street under the influence of alcohol. In pursuance of the
information thereof, the concerned police official formed a team of 5 to 6 constables and
reached the spot. After reaching the spot, they found the person was under the influence of
alcohol and they decided to take him to the nearby doctor to get him medically examined. The
accused was being dragged to the dispensary for the medical examination. He was convicted
under Section 353 of the IPC for deterring the public servant from discharging his duty. The
conviction turned into an appeal and the court has relied on the technical interpretation of
Section 99(1) of IPC wherein the accused was denied the right to exercise private defence.
The order of taking the accused to the medical dispensary was given by the constable, who is
not allowed to issue such an order. The court held that the accused is not guilty under Section
352 and 354 of the IPC and set aside the order of the trial court; (ii) Ram Swaroop Pathak vs.
The State of Madhya Pradesh– The lower court convicted the appellant and sent him to jail
for rigorous imprisonment of 10 years in the first count and rigorous imprisonment of 3 years
in the last count. The appellant filed an appeal before the high court wherein court allowed
him the bail inter- alia, on the following ground: the evidence that is relied upon during the
medical examination is the presence of semen. There is no presence of semen on the body of
the prosecutrix. Based on the above finding, the court allowed the appeal partially and upheld
the conviction under Section 506 of the IPC and sent him on rigorous imprisonment for up to
3 years; (iii) Selvi vs State of Karnataka– This case has thrown abundant light on determining
guilt based on technical evidence. The following technical evidence is discussed in this case:
Narco Analysis Test: in this test a hypnotic drug is given to the accused and when he reaches
the subconscious then the questions are posed to him for the answer. The success rate is not
higher. Furthermore, the Supreme Court of Canada has said that the statement made in a
hypnotic state is not voluntary and cannot be admitted as evidence. Brain Electrical Activation
Profile: It is done to know whether the individual is familiar with certain information by way
of measuring activity that is triggered by selected exposure to stimuli. The Court has stated
the involuntary administration of narco analysis is cruel, degrading and inhuman. The
evidence collected by the narco analysis test is inadmissible if done without the consent of
the accused. The court also emphasized the limitation of the evidence that is collected with
the above-mentioned techniques. The court interpreted Section 20(3) of the constitution
which speaks about self-incrimination. The Court held that the collection of evidence by
means of medical examination and any other techniques such as DNA profiling, Brain
Mapping, Polygraph test should be limited to the extent of incriminating the accused.
Furthermore, the right to privacy of the accused should not be infringed.
2. Crime Scene Management and Examination
a. Crime scene management skills are an extremely significant task component of investigation
because evidence that originates at the crime scene will provide a picture of events for the
court to consider in its deliberations. That picture will be composed of witness testimony,
crime scene photographs, physical exhibits, and the analysis of those exhibits, along with the
analysis of the crime scene itself. It involves 4 basic protocols: – (i) Note taking (ii) Securing a
crime scene (iii) Evidence management and (iv) Scaling the investigation to the event.
b. Note Taking–
3. Identification of Trace Evidence
4. Collection and preservation of Crime Scene Evidence

List of PDF’s sent by Ms. Ivneet Walia

1. Role Of Forensic Science in Criminal Investigation: Admissibility In Indian Legal System And Future
Perspective
2. A simplified guide to forensic document examination
3. Guide for the development of Forensic document examination capacity
4. A simplified guide to Fingerprint Analysis
5. Fingerprint
6. A simple guide to Forensic audio and video analysis
7. Audio forensic examination
8. Toxicology
9. DNA Technology
10. Indian Legal perspective on DNA Technology
11. Polygraph Test and its Legal Implication in the Indian Criminal Justice System
12. Computer Forensics
13. Cyber Forensics
14. Powers Of Police to Arrest, Procedure of Arrest, And Documentation of Arrest
15. Rights of arrested persons under the Indian Constitution
16. Expert Evidence
17. Reference of documents to experts for advice
18. Trace Evidence
19. Toxicological Analysis and its uses

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