Toxicology:

Forensic toxicologists perform scientific tests on bodily fluids and

tissue samples to identify any drugs or chemicals present in the
body. Working in a lab, the forensic toxicologist performs tests on
samples collected by forensic pathologists during an autopsy or
by crime scene investigators. They use highly sophisticated
instruments, chemical reagents and precise methodologies to
determine the presence or absence of specific substances in the
sample.
As part of a team investigating a crime, a forensic toxicologist will
isolate and identify any substances in the body that may have
contributed to the crime, such as:

 Alcohol
 Illegal or prescription drugs
 Other chemicals
 Poisons
 Metals
 Gases, such as carbon monoxide

The work requires patience and the ability to follow specific steps
to achieve reliable results. The forensic toxicologist must
document every step of the process and take care to follow rules
regarding chain of custody for physical evidence.

The field of forensic toxicology has grown to include drug and

alcohol testing for employers and traffic enforcement officials as
well as testing animal samples for wildlife criminal investigators
and testing for “date rape” drugs and performance-enhancing
substances.

Forensic toxicologists also work on cases involving environmental

contamination, to determine the impact of chemical spills on
nearby populations.

Investigators rely on the forensic toxicologist to make reliable

conclusions about the impact a specific amount of a specific
substance would have on a specific individual. Often, this
requires the professional to form an educated opinion based on
science and experience.

If asked to testify in court, the forensic toxicologist must be

prepared to justify that opinion and to explain complex
methodologies in terms a jury can understand.
Forensic Toxicology is study and practice of the application of toxicology i.e.
scientific study of chemicals such as drugs, toxins and poisons; for the purposes
of law and criminal investigation. It comprises but is not limited to
identification and quantification of a particular drug, poison or substance in
human tissue and interpretation of those results (DiMaio and Dimaio, 2001).
Parcelsus who is considered Father of Toxicology defines that “Solely the dose
determines that a thing is not a poison” meaning that anything can be harmful
when taken in fatal amount. Some academicians also consider Matther Joseph
Orfila as the Father of Modern Toxicology.

The primary aim is to find out whether a person died of poisoning or lethal
overdose. Often it happens; a person is found to have fatal level of drug in their
system but is not the cause of death. Tendency of this happening is because
people have different tolerance level for a drug depending upon their absorption
and metabolism (Dix and Calaluce, 1999). For instance, this might be the case
with people who have build tolerance towards drugs for example habitual drug
users. To accurately find correlation between drug and cause of death, it will
depend upon various factors such as quality of a toxicology lab, scene
investigation and autopsy findings (Dix and Calaluce, 1999). Another
dangerous case which has become most prevalent in western countries, is Drug
Facilitated Sexual Assault (DFSA). Perpetrators use date-rape drugs like
Rohypnol, Liquid Ecstacy more commonly called Roofies, to trap women and
assault them. The victims do not remember anything but toxicological screening
can be used to find if there was the presence of above mentioned drugs in their
system.
 Drugs are introduced in body by several ways including but not limited to oral,
intramuscular, intravenous, rectal, topical, subcutaneous and inhalation (Houck
and Siegel, 2015). When a drug gets ingested and is distributed throughout the
body the detection turns out to be a complex process. This is due to the fact that
each drug has a different metabolic rate also depending how much quantity was
ingested. In addition, certain drugs have preference for a particular organ or
tissue. Nevertheless, the identification of any drug involves four main steps
(Houck and Siegel, 2015).

i. Sampling

In all autopsy cases a minimum blood, urine, bile and vitreous are collected.
Then again, every laboratory has its own SOP.

If human remains are in highly decomposed state and there are no viable tissues
or organs or blood available to test for drugs, the toxicological analysis can be
performed through maggots- a subfield of toxicology known
as Entomotoxicology. Studies have proved that insects are excellent evidence
for drug analysis especially for drugs such as Barbiturates, Benzodiazepines,
opiates and Cocaine (Dimaio and Dimaio, 2011).

ii. Extraction

This involves separation of drug from the biological sample. Techniques such as
GC-MS, HPLC, TLC, Immunoassay or UV Spectrophotometry are used for the
same.

a. Liquid Phase Extraction

b. Solid phase extraction

iii. Screening

Screening involves the preliminary testing of drugs in body fluids. Commonly,

there are four general screens tests (Dimaio and Dimaio, 2011):

a. First screen for Lower alcohols such as acetone, isopropyl

alcohol, ethyl alcohol, n-propyl alcohol and methyl alcohol
(Dimaio and Dimaio, 2011)

b. Second screen for acidic and neutral screen such as barbiturates,

salicylates, ethclorvynol and carbarnates. (Dimaio and Dimaio,
2011)

c. Third screen is the basic screen for detection of tranquilizers,

synthetic narcotics, local anaesthetics, antihistamines,
antidepressants, and alkaloids. (Dimaio and Dimaio, 2011)

d. Fourth screen is the narcotics careen for opiates, cocaine,

methadone and other highly psychotropic substances (Dimaio and
Dimaio, 2011)

iv. Confirmation

Once the preliminary tests detect presence of a drug, it has to be confirmed. The
confirmatory method should be different and more sensitive than the
preliminary testing method.

Analytical Techniques

Other than HPLC, GC-MS, UV Spectrophotometry which are used for detection
of volatile substances; ICP-MS, AAS, AES can be used for detection,
identification and sometimes quantification of inorganic compounds like
Arsenic, Insecticides, Pesticides, Lead and such.
 Classification of drug/ poisons and their legal limit is unlikely to be uniform all
over the globe as it changes from country to country. In India, based on mode of
action poisons can be classified into six groups (Krishnamurthy, 2011):

1. Corrosives- Strong acids such as Sulphuric acid HCl etc.

2. Irritants- Inorganic, organic and mechanical substances such as phosphorus,

castor oil, glass etc.

3. Neurotics- opium and other alkaloids, kerosene, malathion, insecticides etc

4. Cardiac- digitalis, oleander etc

5. Asphyxiants- Carbon monoxide, dioxide etc,

6. Miscellaneous- antihistamine, tranquilisers etc.

LAWS RELATED TO TOXICOLOGY

Drugs and Cosmetics Act (1940)

This act defines the meaning of ‘drug’ and ‘cosmetic’ for the purposes of Legal
proceedings as well as specifies manufacturing and how a particular drug will
deem to be misbranded, adulterated or spurious.

With respect to Section 320 of Indian Penal Code (IPC), if a person is found to
use adulterated, spurious or any other drug for diagnosis, treatment, mitigation
or prevention of disease which causes ill health or bodily harm, shall be
punishable for minimum of five years of imprisonment that may extend to term
of life with a minimum fine of Rs. 10,000 (Vij, 2011).

The Drugs and Cosmetics Rules (1945)

A derivative of above act which covers all kind of drugs used in therapeutic
ayurvedic, unani and siddha preparations. These rule have classified drugs into
various schedules.

Drugs and Magic Remedies (Objectionable advertisement) Act (1954)

This act ensures advertisements of drugs are up to ethical standards and can be
banned if they promote offensive and immoral material. Magical remedies such
as ‘Mantras’ and ‘Kavachas’ are also taken care of under this act (Vij, 2011).

Narcotic Drugs and Psychotropic Substances Act (1985)

India is a part of three United Nations drug convention; 1961 Convention, 1971
Convention and 1988 Convention (Tandon, 2015). Thereafter, the NDPS Act
came into force. NDPS is an “act to consolidate and amend the law relating to
narcotic drugs, to make stringent provisions for the control and regulation of
operations relating to narcotic drugs and psychotropic substances” (NDPS Act,
1985). This act forbids cultivation, production, possession, sale, purchase, trade,
import export, use and consumption of narcotic drugs and psychotropic
substances except for medical and scientific purposes in accordance with the
law (Tandon, 2015). The amendments of this act were taken thrice; in 1989,
2001 and 2014.

The death penalty is included in NDPS Act for repetitive production,

manufacture, possession, transportation, import and export of drugs in large
quantity (Tandon, 2015).

The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances

Act (1988)

The PITNDPS Act, 1988 aims “to provide for detention in certain cases for the
purpose of preventing illicit traffic in narcotic drugs and psychotropic
substances and for matters connected therewith”.

Legal Provisions Related To Toxicology In Accordance With Indian Legislation

Section 176 of IPC: Provides punishment for omission to give notice or

information including that of a poisoning case) to the public servant/police.

Section 177 of IPC: Provides punishment for furnishing false information

(including that of poisoning case).

Section 201 of IPC: Provides punishment for causing disappearance of

evidence of offence (e.g., destroying sample of gastric lavage, clothing carrying
evidence of poison etc.)

Section 202 of IPC: Provides punishment for intentional concealment of

information of offense (including that of a poisoning case).
Section 269 of IPC: Negligent act likely to spread infection of disease
dangerous to life.

Section 270 of IPC: Malignant act likely to spread infection of disease

dangerous to life.

Section 271 of IPC: Disobedience to quarantine rule (‘quarantine’ means

period of isolation imposed upon persons or animals that have arrived from
elsewhere or been exposed to infectious or contagious disease).

Section 272 of IPC: Adulteration of food or drink intended for sale.

Section 273 of IPC: Sale of noxious food or drink.

Section 274 of IPC: Adulteration of drugs.

Section 275 of IPC: Sale of adulterated drugs.

Section 276 of IPC: Sale of drug as a different drug or preparation.

Section 277 of IPC: Fouling water of public spring or reservoir.

Section 278 of IPC: Making atmosphere noxious to health.

Section 284 of IPC: Prescribes for rash or negligent act (or omission) in
relation with poisonous substance so as to endanger human life or to be likely to
cause hurt or injury to any person.

Section 299 of IPC: Culpable homicide including that caused through

administration of some poisonous substance.

Section 300 of IPC: Murder including that caused through administration of

poisonous substance with the intention of causing death.
Section 304-A of IPC: Causing death by rash or negligent act (or omission)
including that caused through poisoning.

Section 324 of IPC: Makes simple hurt more grave and liable to a more severe
punishment—where it has been inflicted by one of the means described in the
Section such as ‘fire’ or ‘any heated substance’, poison or any substance that is
deleterious to the human body to inhale, swallow, or to receive into the blood.

Section 326 of IPC: It is similar to Section 324 with the only difference that the
words ‘grievous hurt’ have been substituted for the word ‘hurt’ providing
enhanced punishment.

Section 328 of IPC: Provides punishment for causing hurt by means of poison
or any stupefying, intoxicating or unwholesome drug or other thing with the
intent to commit an offence (i.e., anything when used in unwholesome
state/composition can act as a poison).
 Table 1. Punishment Table according to the quantity possessed (Tandon, 2015)

Drug Small Punishment Punishment Quantity

Quantity greater than
small but
lesser than
commercial
(intermediate)
Heroin 5g Maximum of 250g Rigorous
Opium 25g 1 year 2.5kg imprisonment Rigorous
Morphine 5g rigorous 250kg from 10 years imprisonment
Ganja 1000g imprisonment 20kg (min) to 20 that may
(Cannabis) or a fine up years (max) extend to 10
to Rs. 10,000 and a fine years and fine
or both from Rs. 1L that may
to Rs. 2L extend to Ts.
1L
Charas 100g 1kg
(Cannabis
Resin)
Coca Leaf 100g 2kg
Cocaine 2g 100g
Methadone 2g 50g
Amphetamine 2g 50g
THC 2g 50g
LSD 0.002g 0.1g
 Section 45 of the Indian Evidence Act, allows opinions of experts admissible.
“The duty of an expert witness is to furnish the judge necessary scientific
criteria for testing the accuracy of the conclusion so as to enable the judge to
form his independent judgment by application of the criteria to the facts proved
by the evidence.”. A toxicologist should specify all the necessary details such as
what were the initial signs of poisoning, what preliminary and confirmatory
tests were performed, and there results. However, it is not job of an expert to
draw conclusion but to only list out the most probable manner of death.

MEDICO-LEGAL REPORT

A medico legal report (MLR) prepared by Doctors or Medical Examiner/

Coroner in cases of Toxicological cases, should comprise of following details:

 What drug was consumed by the victim?

 What was the method of ingestion?

 How much time before death was drug consumed by victim?

 Why did the victim consume that drug? (Intelligence report)

 What was the quantity of drug present in the system when analysed?

 What was the effect of drug on the victim’s body? (Was it fatal, or by-
products were harmful?)

 How did victim got in possession with that drug? (Intelligence report)

REFERENCES
Di Maio, D.J. & Di Maio, Vincent J. M 2001, Forensic pathology, 2nd edn, CRC Press, Boca Raton.

Dix, J., Calaluce, R. & Ernst, M.F. 1999;1998;, Guide to forensic pathology, CRC Press, Boca Raton

Houck, M.M. & Siegel, J.A. 2015, Fundamentals of forensic science, 3rd edn, Academic Press, Amsterdam.

Krishnamurthy, R. (2011) Forensic Science in Criminal Investigation, SSB, Delhi, India

NDPS Act 1985 http://www.cbn.nic.in/html/NDPS%20Amendment%20Act%202014.pdf

Tandon, T. (2015) Drug Policy in India, International Drug Policy Consortium, London, UK.

Vij, K. (2011)Textbook of Forensic Medicine and Toxicology: Principles and Practice. 5th Edn. Chennai, India.

Website Referred

http://www.legalservicesindia.com/article/1583/Experts-Opinion-and-its-admissibility-and-relevancy—Law-of-
Evidence.html