6.

Modern Techniques for

Collection of Evidences and role
of Forensic Science
❖ Introduction :-
Forensics has become an important part of solving crimes and finding criminals. It not
only helps in identifying the way and cause of death but many other circumstances
related to the death. But Forensics is not only limited to the laboratory with chemicals
and bodies, digital forensics has also emerged in this branch of science. Digital forensics
deals with the electronic evidence gathered during investigation of a crime. It may be
the black box from a plane crash or the mobile phone of a homicide victim. All the
branches of forensics work together to find out the culprit or the cause of an incidence.
Both digital and non-digital forensics use advanced technology to achieve results which
have incredibly small margin of error and which is less time consuming to find.
Technology has made it a lot more easier to achieve better results in forensics whether it
be through high powered microscopes or advanced applications which decode phones.
The benefits of the real-time, on-site of the forensic investigation are manifold and such
technology has the potential to strongly increase the speed and the efficacy of the
criminal justice system

❖ Digital Video Recordings :-

Unlikeother forms of forensic evidence, audio and video recordings can provide a
real-time, eyewitness account of a crime so investigators can watch or hear what
transpired. For instance, a surveillance video captures a bankrobbery in progress, or a
a hidden camera records an undercover sting operation. Over the past decade, sources
of recorded audio and video that can assist in an investigation have increased
exponentially. Video and audio recorders can be found in businesses, at traffic
intersections, parking lots, bank machines, on police-vehicle dashboards and of course,
in cell phones.
In many criminal cases, the authenticity of the recording andthe content of the
recording may be called in to question. Forensic video experts can examine a variety
of characteristics of the audio or video recording to determine whether the evidence has
been altered. This includes confirming the integrity(verification) of the recording, as
well as authenticating that the content of the image or audio is what it purports to be.
Depending on the circumstance, the surroundings, and the witnesses who may have
been present, several different recordings of an events may be available. The
responding officers or crime scene investigators should first identify all video evidence
that may exist.

❖ CCTV Cameras :-
 Closed-circuit television, or CCTV, is a device used in home and business security
systems for electronic surveillance. CCTV cameras can help keep an eye on many
different parts of a property at the same time, and they can also help keep a record of
activities or incidents. Now a days, whenever there is an incident, whether it is an
accident or a theft, police always ask or search for CCTV footage from any nearby source
that may have recorded the incident in full or in part.
CCTV forensic refers to the use of still and moving images from a CCTV system that has
single or multiple cameras attached to it. The expert will capture all footage within the
period of interest from as many CCTV systems or cameras as possible. Once all
available footage has been reviewed, the expert will put together the relevant footage for
presentation along with a report and statement. They will identify specific information
relating to the investigation, along with times and dates from one or more CCTV
systems. This evidence can help both prosecution and defense in establishing the true
course of events in a case.

❖ Mobile Phone forensics :-

Mobile forensics, a subtype of digital forensics, is concerned with retrieving data from
an electronic source. The recovery of evidence from mobile devices such as smartphones
and tablets is the focus of mobile forensics. Unlike traditional digital forensics
processes, mobile forensics solely focuses on retrieving information from mobile devices
such as smartphones, androids, and tablets. Mobile devices contain an abundance of
information from text messages and web search history to location data, so they can be
extremely useful for an investigation by law enforcement.
Mobile devices carry a significant amount of information that can be necessary to
understand the full picture and scope of a digital attack, which makes mobile forensics
extremely important. In 2021, there were 15 billion operating mobile devices worldwide.
That’s nearly two per person. The amount of data stored across these devices is
astounding. One significant difference between mobile and traditional computer
forensics is that systems are no longer isolated and absolute. Commonly used devices
like phones, cars, cameras, doorbells, and even refrigerators are interconnected and can
operate under one network.

❖ Voice Analysis :-
Voice analysis has become fairly common in criminal cases. Many high-profile cases
have memorably featured vocal analyses, demonstrating its use in a variety of
investigations. For example, when journalist James Foley was kidnapped and beheaded
by ISIS in 2012, the terrorist gang released a video of the murder which featured a
masked terrorist who was speaking during the video. Experts from around the world
attempted to identify the terrorist by analyzing their voice.
Voice analysis in forensics can involve several different techniques, the employment of
which is dependent on the case and the type of evidence the investigator has to work
with.
Usually, the process of voice analysis involves one or more of the following techniques:
interpreting noises or verifying a recording’s authenticity, transcribing a dialogue from a
voice recording, profiling a speaker based on factors of their speech such as dialect,
language spoken, or content of the conversation, putting a suspect’s voice in a lineup of
voices.
 Fragments of conversations are most often obtained from phone conversations,
including calls making demands for ransom, hoax calls, and calls to the emergency
services. Voicemails are also common sources of vocal information, as well as secretly
recorded conversations and voices captured in videos.

❖ Evidentiary value of each of the above :-

● Evidentiary value of CCTV
In the case of CCTV, the image is captured by the sensors and transformed to digital by
the DVR ( Digital Video Recorder). Since it stores data in electronic form, the DVR is an
electronic record. If the DVR is presented to the Court, it will be considered the main
evidence by Section 62 of the IEA unless the original document is presented to the Court
for review, and the provisions of Section 65b (4) of the IEA will not apply. Nevertheless,
if a huge proportion of devices are mounted and the data is collected, It is not necessary
to put the whole set up just before Court because it is technically held on massive
servers. The only other choice in this situation is to transfer the files from the massive
server to a CD or USB and then present it to the Court. Since the USB and CD are not
primary evidence, complying with Section 65b(4) is required. If the requirements in
Section 65b(2) are met, the material over which the information contained inside an
electronic record is published, or the optical or magnetic media-generated either by
software where such data is stored, recorded, or replicated, shall be admissible in any
proceeding as proof of any nature of the initial or of any truth specified, despite evidence
or production of the original.
● Evidentiary value of Voice Analysis
➢ The Indian Evidence Act, 1872, primarily dealt with the oral and documentary
evidence but after the incorporation of the amendments according to the
passing of the Information Technology Act, 2000 there has been an admissibility
of the conversation or statement recorded in an electro-magnetic device.
➢ There are a plethora of judicial pronouncements forming important discussions
as to the admissibility of tape recorded conversation, a form of voice
identification. The first case which came to the Indian Judiciary regarding the
admissibility of tape recorded conversations was Rupchand v. Mahabir Prasad[1]
the Honourable Apex Court allowed the admissibility of the same under Section
155(3) of the Evidence Act, 1872 to shake the credit of the witness.
➢ In 2013, the Indian Supreme Court considered whether collecting voice samples
would be violative of the fundamental right against self-incrimination or the
right to privacy.
➢ Section 53 (1) of the Code of Criminal Procedure allows examination of accused
by a medical practitioner at the request of a police officer to collect samples for
DNA analysis or taking general body measurements and "such other tests
necessary"
The phrase "such other tests" in Section 53 (1) is read to include a
collection of voice samples. However, there is no specific provision for
testing voice samples under criminal procedure laws as it is a relatively
new technological tool.
 In a split verdict in the 2013 case, the SC also acknowledged the absence
of a specific law for this purpose.
➢ In a subsequent 3-judge bench hearing, the Supreme Court held that the
fundamental rights of the accused will not be violated by collecting a voice
sample for investigation. It held that the right to privacy cannot be construed as
absolute and must bow down to compelling public interest.
➢ Recently, in 2022, a ruling by the Punjab and Haryana High Court also
observed that voice samples resemble fingerprints and handwriting and are
collected with permission in accordance with the law and are used for
comparing evidence already collected.
➢ A Special Courts under Essential Commodities and Narcotic Drugs and
Psychotropic Substances Act (NDPS) had allowed a plea moved by the
Narcotics Control Bureau (NCB) in February 2021, seeking the collection of
voice samples among 33 accused in a drugs case it was investigating after the
death of actor Sushant Singh Rajput.