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INTRODUCTION
Forensic science is the backbone of criminal investigation and the justice system. In most crime
scenes, there is something that can serve as clues. That is why Dr. Edmond Locard, the pioneer in
forensic science, said, "Every contact leaves a trace" (Saferstein, 2007). Forensic science uses
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several scientific disciplines to determine criminals based on such traces or clues. Forensic science
deals with the science of connecting people, places, and things to criminal activity, where scientific
disciplines help in the investigation and resolution of criminal cases (Feldman, 2009). The process
entails systematically searching the crime scene for tangible clues. It is helpful for pinpointing the
criminal, the time of the crime, and the manner in which the crime was committed. It includes
evidence regarding the victim, the perpetrator, and the illegal behaviour, which helps figure out
what happened at the crime spot. In regards to the crime that was committed, forensic evidence
provides "who, what, when, where, and how" answers. Both the prosecution and the defence rely
on it to establish the accused's innocence or the accused's guilt beyond a reasonable doubt.
However, forensic science plays a vital but often underrated role (Role of Forensic Science in the
Criminal Justice System | The Protector). So, in short, it is the study of the identification,
individualisation, appraisal, and recognition of physical evidence in issues of legal significance
utilising techniques from the sciences (Forest, 1983). Everything discovered at a crime scene,
including fingerprints, blood spatter, DNA samples, etc., narrates a story, and forensic science
helps to make it reliable. Almost in every criminal case, several scientific approaches and
methodologies are used to look into crimes and settle legal disputes. Without the help of forensic
science, the case could not be proved, and criminals would easily escape from punishment.
The word 'forensic' derives from the Latin term 'forensis', which means 'of or before the forum'
(Dictionaries, 2007). Currently, the word 'forensic' means 'legal' or 'associated with courts.' Science
is useful and has the capacity to provide trustworthy, pertinent, and frequently conclusive
knowledge on a particular issue. This can be accomplished through the use of several specialised
fields of study or branches of expertise (Fisher, 2009). Forensic science, also known as legal
science, is the scientific method of investigating and interpreting an incident. It is the application
of science in criminal investigations and court proceedings by law enforcement agencies
(Saferstein,1990). All the branches of science, such as chemistry, anatomy, physics, physiology,
medicine, and surgery, assist when necessary, and in some circumstances, all of those scientific
disciplines are required for the investigating officer or a court of law to reach a conclusive decision
regarding the crime and the perpetrator. Such evidence is gathered through scientific techniques
such as ballistics, blood tests, and DNA tests. The innocence or guilt of suspects is generally
determined by forensic evidence. Forensic evidence plays a major role in both the investigation
and prosecution phases of a criminal case.. It is admissible evidence that is legally presented before
a court of law (Kaci, 2000).
RESEARCH METHODOLOGY
This study is going to be qualitative research. The survey of the authors' published work will serve
as the foundation for the literature review. Consequently, in addition to the data gathered for
qualitative analysis, the foundation of this research paper will be primary sources such as statutory
laws. It will also use secondary sources such as articles published in national and international
journals, reports on research and news, and various websites, books, etc.
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LITERATURE REVIEW
Some studies have been conducted regarding forensic evidence's role in court proceedings.
Nevertheless, there is no comprehensive research focused on the role of forensic evidence in the
criminal investigation. I have studied several books, journals, newspaper articles, and websites in
addition to numerous research papers that are pertinent to my field.
Md. Ayub Ali stated in his journal article 'Role of Forensic Science in Criminal Justice:
Bangladesh Perspective' that the scope of the criminal justice system and forensic science practices
in Bangladesh is quite different. He also said that to prove the offence of a criminal, forensic
science plays a significant part in every level of a criminal case. But he did not mention how
forensic science plays a significant role in the criminal investigation.
Robin Feldman, in his 'The Role of Science in Law' described the interaction between law and
science while examining attempts to both import science into law and export legal issues to
science. But he could not specifically mention why forensic evidence is essential for criminal
investigation.
Hussain Mohmmad Fazlul Bari, in his paper 'Appraisal Of Criminal Investigation In Bangladesh:
Procedure And Practice', stated that in Bangladesh, there is no separate agency for investigating
crimes. As a result, the officers who investigate crimes are sometimes not as professional as they
could be because they are part of the police force and our investigations process are often slow,
flawed, and biased. But he did not mention about the role of forensic evidence in criminal
investigation.
Richard Saferstein, in his 'Criminalistics: Introduction to Forensic Science' introduces the non-
scientific reader to the field of forensic science. He also described the abilities and limitations of
the laboratories. However, he merely focused on applying forensic evidence in court proceedings..
HISTORY OF FORENSIC SCIENCE
Before the introduction of forensic science, the judicial process relied heavily on oral evidence,
confessions, and eyewitness testimony. However, humans can forget explicit details of what
occurred at the crime scene; thus, their testimony is not wholly reliable. The evolution of forensic
science would overcome the limits of oral testimony and provide proper support for the legal
system (Forensic Science in 21st Century Criminal Justice). People have always been curious to
discover what caused someone to die and who committed the crime. Consequently, Germanic and
Slavic civilisations were the first to recognise and adopt a law requiring the assistance of a medical
expert in homicide investigations in the fifth century. The Chinese invented forensic science
around the sixth century (Patel et all., 2016). Within the next 10 centuries, developments in clinical
and scientific understanding expand the use of medical evidence in criminal investigations and
court proceedings. And the first book about forensic medicine came out in 1247 in China, which
showed the steps to be taken when investigating a murder investigation. During Roman times,
criminal charges were brought to a group of people in the forum (Fisher, 2009). The accused and
accuser would deliver statements to clarify their sides. The case favoured the person who made
the most convincing and credible argument. This is where the two modern ways of using the word
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'forensic' come from: as a type of evidence in court and as a type of public presentation. In the 19th
century, different types of forensic scientific evidence were utilised to examine civil and criminal
cases. At that time, most experts were self-taught since there were no specialised institutions,
courses, or professional training programmes (Fisher, 2009). In the 20th century, forensic science
became an established academic field. One of the earliest milestones in this trend was the
introduction of a forensic science programme by Swiss professor R. A. Reiss in 1902. Later,
Edmond Locard founded the world's first crime lab in 1910 in Lyon, France.
Types of Forensic Evidences
Forensic evidence is classified into two types: physical and biological. Physical evidence consists
of nonliving objects such as fingerprints, fibres, glass, drugs, and bullets. In contrast, biological
evidence includes organic substances such as blood, saliva, urine, sperm, and hair.
Fingerprint Evidence
Fingerprint evidence may be used to corroborate or reject a person's identification in criminal
investigations since no two individuals share a similar fingerprint. Even identical twins, who share
the same DNA, have unique fingerprints. Due to their uniqueness, fingerprints may be used in
various contexts, such as criminal investigations, biometric security, and other purposes.
Fingerprints have been recognised a standard for human identification in the forensic field.
Fingerprints are widely used to determine an individual's identification by analysing his or her
uniqueness (Fingerprints: A Forensic Tool For Criminal Investigation). Typically, no crime can
be committed without the help of the hands which is the the most important bodily component.
Biometrics are eternal and stay unchanged throughout an individual's lifetime. Moreover,
fingerprints are distinctive; they cannot be fabricated, reproduced, or changed to seem like those
of another person. Offenders typically cover their hands with gloves to hide their fingerprints from
the investigation officer or law enforcement agencies, but many crimes are 'opportunistic';
consequently, fingerprints are typically discovered. Fingerprint evidence is vital for detecting
culprits and confirming their appearance at the crime scene, mainly if they had no motive to be
there (Kingsly, 2015).
Hair and Fibers
Many crimes require direct physical touch between the victim and the perpetrator, and when this
kind of contact happens, there may be an accidental transfer of hairs and fibres. Forensics experts
often examine hair as a piece of physical evidence in solving a criminal case. Because every person
has a distinct pattern of hair, and it is possible to clearly identify a suspect if the hair is found at
the crime site. Hair includes strands of DNA, which can't be cloned or fabricated, so it can be a
reliable source to prove the presence of the criminal (Kingsly, 2015). Hair may be used as
corroborating evidence for locating a suspect at a crime scene if it is properly taken and presented
to the science lab with a sufficient number of standard samples. When hairs are discovered on a
victim, they usually point to a suspect, and DNA analysis can clearly indicate the offender. In the
same way, fibres found on a victim's clothes or near the crime scene can lead investigators to a
particular suspect if he was wearing the cloth of a specific brand- shirt, sweater, coat etc.
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Computer Evidence
Evidence found in digital devices is known as computer evidence, such evidence is collected and
preserved with the help of security analysis, engineering, and legal procedure understanding.
Computer forensics is also called digital or cyber forensics. The procedure of digital forensics is
rigorous, and it takes a lot of time. To begin with, investigators search for evidence on
technological devices and store the information in a secure disc. After that, they examine and
record the data. Once it is prepared, the digital evidence is sent to the investigating agency
to identify the offender and punish him by the court. Computer forensics systematically
investigates and analyse data to establish what happened and who is responsible. It also helps to
maintain the reliability of digital evidence presented in legal proceedings. Digital proof and
forensic techniques are used to gather, preserve, and analyse digital evidence as computers, and
other data-collecting devices become increasingly widespread in every aspect of modern life. It is
now more critical than ever in solving crimes and other legal difficulties.
DNA Evidence
DNA contains genetic information and it is widely considered to be one of the most trustworthy
sources of evidence. DNA evidence is found in the collected blood, hair, skin cells. Moreover, it
can also be applied to solve crimes that occurred before DNA analysis technology was developed.
Since no two people have the same DNA, with the exception of identical twins, DNA is a valuable
tool in investigations, and the DNA evidence found at a crime scene may be used to link a suspect
to the crime or to identify a suspect (Understanding DNA Evidence: A Guide for Victim Service
Providers). Furthermore, DNA extraction is the initial step in any forensic DNA study. Typically,
one nanogram of DNA is adequate to produce a good result (Norrgard, n.d.). For instance, samples
taken from a crime scene may match the suspect's DNA. In addition, it may prove that the suspect
was present at the crime site, but it does not establish that the suspect committed the offence. A
prosecution's case will often depend on other evidence in addition to DNA evidence. It is most
helpful when DNA evidence is combined with other pieces of evidence, such as fingerprints,
footprints, a thorough investigation of the crime scene, and the testimony of eyewitnesses. Blood
splash patterns and microbiological data are two examples of further physical evidence that may
be obtained.
Autopsies
An autopsy or postmortem examination is an external inspection of the complete body, and an
internal examination comprises the removal and dissection of all thoracoabdominal and neck
organs, the opening of the head, and the removal and examination of the brain and preserving a
variety of materials for use in any specified further investigations. It is an entirely surgical
examination of the deceased person. And the primary goals of an autopsy are to establish the
identification of the deceased, identify the cause of death, confirm or deny the reported way of
death, and estimate the period since the death. Autopsies are classified into two types: forensic or
medicolegal autopsy and clinical or medical autopsy. A forensic or medicolegal autopsy is done
when the cause of death is suspicious, violent, or unknown and its purpose is to identify whether
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or not natural causes caused the death. The clinical or medical autopsy is done in the hospital with
the next of kin's permission to discover what caused the death and learn more about it.
Dentistry
Teeth are very vital evidence in criminal investigations; they are helpful for forensic investigation
because they are kept in the mouth's closed chambers, and in a dangerous situation, they create an
obstruction that may establish a link to the crime or death. Even in a highly decomposed or injured
body, teeth may preserve DNA content and provide post-mortem DNA evidence (Gaytmenn,
2003). Therefore, the process of applying dental evidence to the field of criminal law is known as
forensic odontology. This may involve detecting sexual abuse, identifying the deceased, and
determining the deceased person's age. Due to the fact that dental records may be used to identify
a person or provide authorities with the information necessary to establish the identification of a
case, forensic dentistry involves knowledge of a variety of disciplines (Adams et al., 2013). Expert
forensic odontologists can assist in determining the identity of a victim from bite marks and other
unidentified remains. The medical examiner or the police officer conducting an investigation may
seek the services of a forensic odontologist.
LEGAL PROVISIONS OF FORENSIC EVIDENCE IN BANGLADESH
The current legal structure in Bangladesh allows for incorporating forensic evidence into criminal
investigations and the judicial system. The following is a list of the laws that are now in effect in
Bangladesh and are explained:
The Evidence Act 1872
The Act staes that the opinions of people highly competent in science, art, foreign law or in
questions about the identification of handwriting or finger impressions, are relevant facts where
the Court must make an opinion upon a matter of science, art or foreign law (Evidence Act, s.45).
This is Bangladesh's first and fundamental provision regarding the use of forensic evidence in
criminal investigations and trials. As a forensic evidence, it incorporates forensic arts, fingerprints,
and handwriting analysis. Under this provision, a professional or investigative officer may review
some forensic evidence and then report his findings to the court and have them accepted as
evidence.
The Code of Criminal Procedure, 1898
When a post-mortem examination report is needed to be used as evidence in any inquiry, trial, or
other proceedings under this Code and the Civil Surgeon or other medical officer who made the
report is dead, incapable of giving testimony, or is outside of Bangladesh and cannot be reached
without causing an unreasonable amount of delay, expense, or inconvenience, such report may be
used as evidence (Code of Criminal Procedure, s.509A). It also states that any document purporting
to be a report by a Chemical Examiner, Assistant Chemical Examiner to Government, serologist,
handwriting expert, fingerprint expert, or fire-arm expert appointed by the Government on any
matter or thing duly submitted to him for examination or analysis and report in the course of any
proceeding under this Code may be used as evidence (Code of Criminal Procedure , s.510).
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mobile operators, internet service providers, valid VoIP service providers including the
government or any other competent authority licensed or approved by the government as part of
the normal operation of the information stored or any particular information collected by the
investigating officer during the investigation will be used as evidence in court (Pornography
Control Act, s. 6, 7).
The Food Safety Act, 2013
This legislation also incorporates the use of forensic evidence by specifying that the court may
impose a self-imposed order for food testing if an inquiry or other activity is ongoing before the
court (Food Safety Act, s.50). Besides, if a complaint is filed and an investigation is necessary to
determine the food's authenticity, the court must order the collection of samples and submit them
for testing. Following the sample's submission for testing, the report must be prepared within one
month (Food Safety Act, s.73).
The Deoxyribonucleic Acid (DNA) Act, 2014
The DNA Act outlines procedures for collecting, and analysing DNA samples, establishing a
Forensic DNA laboratory, making a national DNA database and formulating rules on other issues
(Preamble of the DNA Act). This Act represents Bangladesh's first comprehensive legal
framework for collecting and analysing DNA evidence or forensic evidence. A police officer
conducting an investigation is authorised to ask an accused person or a suspect to provide a DNA
sample for testing. And if the suspect or accused person is a minor, mentally unstable, or physically
disabled, in that case, the concerned police officer may ask the parent, legal guardian, or designated
lawyer for permission to collect DNA samples from the suspect (Deoxyribonucleic Acid Act, s.4)
. DNA samples must be taken from the crime scene if anything is discovered and a DNA sample
may be acquired only with the written authorisation of the suspect or his legal guardian and the
presence of at least two witnesses (Deoxyribonucleic Acid Act, s. 5,6.). For the purposes of any
criminal inquiry, if a person is asked under Section 4 and does not agree within three hours of the
request, he is presumed to have refused to provide a DNA sample, and the refusal will be recorded
on a specified form (Deoxyribonucleic Acid Act, s. 7). However, after giving both sides a fair
opportunity to be heard, the court can order the suspect or accused person to give a DNA sample
(Deoxyribonucleic Acid Act, s. 8). The reports containing DNA profiles will be considered
admissible in court proceedings (Deoxyribonucleic Acid Act, s. 37).
The Narcotics Control Act, 2018
The government shall establish one or more chemical laboratories for chemical testing, or any
other governmental institution may be designated as a chemical laboratory. All chemical test
results submitted according to this clause are forensic evidence. Moreover, any report prepared by
chemical experts is admissible as evidence in a narcotics crime investigation, investigation, trial,
or other processes (Narcotics Control Act, s.62).
The Digital Security Act, 2018
The Act was primarily enacted to implement laws concerning the identification, prevention,
suppression, and trial of digital crimes and other connected matters to ensure National Digital
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Security. To achieve the Act's goals, the government shall establish one or more digital forensic
laboratories, and Digital Security Agency will coordinate digital forensic labs (Digital Security
Act, s.10). Moreover, subject to the achievement of standards prescribed under section 11, the
Agency recognise any digital forensic laboratory established under any government authority or
organisation prior to the introduction of this Act and said laboratory shall be deemed to have been
established under this Act. The Tribunal or the Appellate Tribunal is permitted to take the
independent opinion of any individual with expertise in computer science, electronic
communication, data security, cyber forensics, etc. And, if required, the governments or agencies
may give specialised training in computer science, cyber forensics, electronic communications,
data security, and other essential disciplines to all individuals concerned with implementing this
Act (Digital Security Act, s.51).
ROLE OF FORENSIC SCIENCE IN CRIMINAL INVESTIGATION
Forensic science is the application of science to law, and generally, it is characterised as the use of
science to resolve legal conflicts (Jackson et al., 2008). Sometimes, forensic science is only
thought of in terms of what happens in a lab rather than the broader ideas that are put into practice
at the scene of a crime. Field science, laboratory science, and medical science are directly included
with Forensic science. It entails the implementation of various scientific findings in the legal
system (Saferstein, 2001). Most of the time, forensic science is far more likely to be used to
investigate and solve criminal cases than civil cases (Feldman, 2009). And the field of study that
focuses on forensic science in legal cases is called 'criminalistic' (Houck & Siegel, 2009).
Criminalistics is a subject of forensic science that examines physical evidence to help identify and
investigate criminal cases. By the examination of physical evidence, it establishes a connection
between a person and an object or set of persons with whom they came into contact. There are
many additional pieces of information that forensics may disclose and that might be vital to a case,
such as the quantity or percentage of chemicals in a specific sample or the time or sequence of
events that took place during an occurrence (Forensic Science in 21st Century Criminal Justice |
Anti Essays). Generally, homicide or murder is committed in an ambiguous and complex way; it
is tough to discover using merely tactical investigative techniques. The crime is conducted in
private and in mysteriously, making it difficult to get confessions or eyewitness testimony. So, in
order to carry out all of these tasks, forensic science heavily relies on physical evidence. Here time
is also not a big issue if they are appropriately acquired and stored. Thus, it is clear that forensic
evidence is essential in criminal investigations and court procedures to both identify the suspect
and proof the alleged crime.
Significance of Forensic Science
Forensic science is vital to police investigations and judicial proceedings. Forensic experts
evaluate evidence from crime scenes and other sources to help prosecute criminals and free
innocent people. Forensic science helps to identify the criminal and ensure justice. The
significance of forensic science is stated below:
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Crime tracing
The computer, mobile phone, and email of the criminal who is suspected of committing the crime
may be tracked down with the assistance of computer forensic science. Besides, it is also possible
to track the criminals' IP address and identify the location from where he accesses the website.
Computer forensics may also retrieve his call record and SMS, which he uses to communicate with
others.
Suspect identification
At every crime scene, the criminal left behind some form of physical evidence, such as biometric
fingerprints, DNA, or other evidence. By analysing the physical evidence found at a crime scene,
forensic science can identify the criminal accurately.
Linking of crimes to the suspect
Trace evidence is used to establish the connection between the crime and the criminal. Trace
evidence is so small that it may be transmitted across surfaces unintentionally. And such evidence
recovered from crime scenes can provide powerful leads for the investigating officer. Trace
evidence may be transmitted between individuals, things, and the surroundings during a crime.
Determine the cause and manner of death
Forensic science can discover how and why someone died by doing an autopsy or postmortem
examination. The autopsy or postmortem examination comprises a thorough examination of the
person to look for signs of injuries, illness, poisoning or any other reasons that might disclose the
reason for death. To figure out what caused the death, forensics experts collaborate with police
investigators. In addition, forensic pathologists may consult with anthropologists or entomologists
to determine how and why someone died.
Determining child abuse extent and sexual assault
Forensic science is vital for determining child abuse, defensive wounds on a victim, and gunshot
wounds; injury patterns in victims of domestic violence, self-inflicted injuries, sexual assault, and
sperm semen persistence (Kingsly, 2015).
Identifying alcohol components
Forensic science can test criminal tissues for narcotics, as well as the quantity of those drugs and
their metabolites. It is identified by examining the blood, urine, or other biological samples that
were taken from the accused.
Establish the guilt or innocence of possible suspects
Without an eyewitness, it is challenging to establish beyond a reasonable doubt whether the suspect
did the act or was not engaged. But forensic science can ensure the presence or absence of the
suspected person in the crime. It is possible to use it to aid in the identification of a suspect as well
as to disclose substantial connections between the suspect and the crime. Thus it helps the court to
ensure the guilt or innocence of possible suspects.
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