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CRIMINAL TRIAL
BY
ANBARASI. G
COURSE PLAN
1. Evidence- Meaning, Principles
2. Forensic science- Meaning, Definition, Scope, need, Basic principles, Branches,
Tools and Techniques, History and development.
3. Indian Evidence Act- History, Definition, Relevancy, Admissibility, Confession,
Dying declaration, Burden of proof, Presumption, Oral and Documentary
evidence, Witnesses, Examination of witnesses.
4. Expert testimony- Who is an expert? Types, Problems, Expert Evidence -
Medico-legal opinion, Forensic Science expert opinion- The Expert –
Illustrations – Language - Defense Counsel - Laws Governing Expert Evidence
- Enacted Law - Case Law - Reports Admissible under CrPC- Frye standard and
Daubert ruling
5. Criminal courts and its powers
6. Criminal trial- Fair trial, types.
Continued…
7. Police- Organization of Police Station, Evolution, Role & Function,
Relationship with Forensic Scientist for Crime Investigation
8. Forensic Laboratories and organizational set up
9. Crime scene- Significance, Role of Investigator, Evaluation, protection,
Photography and Videography, Sketching, Searching Methods.
10. Investigation techniques- Medico-Legal Cases, Tools and Techniques of
Forensic Science, Forensic analysis of Physical, Biological, Chemical,
Psychological and ballistic evidences -
11. Problems of proof- Investigative problems, Scientific problems, Legal
problems,, Role of Media, Human Right & Criminal Justice System -
Ethics in Forensic Science.
BOOKS
• B R Sharma: Forensic Science in Criminal Investigation & Trials, 6th ed.
• Modi: A Textbook of Medical Jurisprudence and Toxicology, 27th Edn.
• Rao & Rao : Expert Evidence (Medical and Non-Medical)
• Bridges, Vollmer & Hon. Chief Justice M. Monir : Scientific Techniques
in Criminal Investigation, 3rd ed
• U L Bhat: Relevancy, Proof and Evaluation of Evidence in Criminal
Cases, 2nd ed.
• Dr. V Nageswara Rao: The Indian Evidence Act, 3rd ed
Continued…
• Halsbury's Laws of India (Evidence,Vol 18), 2nd Edn
• K D Gaur: Textbook on The Indian Evidence Act, 2nd ed.
• Monir: Textbook on the Law of Evidence, 12th Edn.
• Ratanlal & Dhirajlal : Law of Evidendce, 26th ed.
• Woodroffe & Amir Ali: Law of Evidence, 21st ed.
• Sarkar: Law of Evidence–In India, Pakistan, Bangladesh, Burma,
Ceylon, Malaysia & Singapore, (2 Vols) 20e, HB
MEANING OF EVIDENCE
• ETIMOLOGY
• Relevancy of fact
Relevant fact
Fact in issue
• Production of proof
LAW OF EVIDENCE
• How is to be given?
IS IT AN ADJECTIVE LAW?
• Substantive law- Defines the rights, privileges, duties and immunities
and liabilities.
• DIFFERENCES:
Amount of evidence
Time
Object
Trustworthy
KINDS OF EVIDENCE
Direct evidence
1. Oral evidence
Hearsay evidence
Direct evidence Circumstantial evidence
Primary evidence
2. Documentary evidence
Secondary evidence
3. Material evidence
Vox audita perit, litera scripta manet
POSTULATES
• Lex- Law
- Edmond Locard
PRINCIPLE OF EXCHANGE
• “Contact leaves traces”
• Mutual exchange of traces takes place between the Criminal, the
Victim and the Objects involved in the crime.
• Evidentiary clues: Paint, glass, vehicle’s broken parts,
scratches/impressions/indentations, spilt fuel oil, Mobil oil, lubricants,
greases, mud, dust, fibres, hairs, clothe pieces, blood, other body
fluids, tracks and trails, scent, foot and footwear marks and tyre marks
(skid),etc.
• Basic requirement- Establishing point of contact.
LAW OF PROGRESSIVE CHANGE
• “Everything changes with the passage of time”
• Rate of change varies with different object and under different
situations.
• Criminals/ Scene of occurrence/ Objects involved in crime undergo
rapid changes.
• Examples- Crime scene & Criminals
• This Principle demands prompt action in all aspects of the criminal
investigation.
PRINCIPLE OF COMPARISON
• Examples: Bullet from high profile gun, hair of particular race, writing
in ball point pen, writings on wall, etc.
PRINCIPLE OF ANALYSIS
• “The analysis can be no better than the sample analysed”.
• Improper sampling and contamination will give improper results.
• Emphasises the necessity of correct sampling and correct packing for
useful and worthwhile results.
PRINCIPLE OF PROBABILITY
• All identifications, definite or indefinite are made consciously or
unconsciously based on probability.
• Probability is misunderstood.
• It is a mathematical concept. It determines the chances of occurrence
of a particular event in a particular way, out of a number of ways in
which the event can take place or fail to take place with equal facility.
Pt = P1 × P2 × P3 … Pn
FACTS DO NOT LIE
• “Facts do not lie, men can and do”
• Importance of circumstantial evidence over evidence of eyewitness.
• Material evidence can be manipulated.
• Examples.
TOOLS AND TECHNIQUES
CHARACTERISTICS:
• Sensitivity
• Specificity
• Rapidity
TOOLS AND TECHNIQUES
• Measurements
• Microscopy
• Photography
• Invisible rays
• Chromatography
• Electrophoresis
• Spectrography
• Spectrophotometry
HISTORY- IN HINDU INDIA
• Source- Dharma Shastras
• Purpose of trial- To ascertain truth
• Mitakshara
• Manusmriti
• Pramana (4 types):
1. Perception
2. Inference
3. Analogy
4. word
KINDS OF EVIDENCE IN HINDU LAW
1. Lekhya
Rajasaksika
Sasaksika
Asaksika
2. Sakshi
3. Bhukthi
4. Divya
HISTORY- IN MUSLIM INDIA
• Oral and Documentary evidence (subdivisions: Direct and Hearsay)
• Oral evidence is preferred over documentary evidence.
• Verses from Quran:
O true believers, observe justice when you appear as witnesses before
God, and let not hatred towards any induce you to do wrong: but act
justly: this will approach nearer unto piety, and fear God, for God is
fully acquainted with what you do.
Quran 5: 8.
Continued…
O you who believe, be maintainers of justice when you bear witness for
God’s sake, although it be against yourselves, or your parents, or your
near relations; whether the party be rich or poor, for God is most
competent to deal with them both, therefore do not follow your low
desire in bearing testimony, so that you may swerve from justice, and if
you swerve or turn aside, then surely God is aware of what you do.
Quran 4: 135.
Continued…
• Demeanour of the parties were highly considered.
• Witnesses were examined and cross-examined separately.
• Leading questions were not allowed except when there is confusion.
• Questions to be such that there is no partiality.
• Incompetent witnesses
• Other classification: Circumstantial evidence, Full corroboration,
Testimony of a single individual, Admission including confession.
• Administration of oath on the name of God, Cow and Bible.
HISTORY- IN BRITISH INDIA
• Different laws in Presidency courts and Mofussil courts.
• Uncertainty and no uniformity.
• Charter of 1833
• Enactments passed between 1835 and 1853.
• 1868- Commission set up under chairmanship of Sir Henry Maine.
• 1870- Sir James Stephen
• 1872- Indian Evidence Act was passed.
SCHEME
• PART 1- RELEVANCY OF FACTS
Chapter I Preliminary
Chapter II The Relevancy Of Facts
1. Medical
2. Non-medical
EXPERT
• Who is an Expert?
• Competency of Expert- Qualitative and Quantitative
• Government officers
• Role of Expert
• Duties of an Expert
• Experts can also be incompetent, corrupt, ill, and subject to human errors.
• Importance of the language of Expert
• Classification of Expert based on the language used:
Shallow type
Learned type
Corrupt type
REPORT OF AN EXPERT
• Legal provision- Sec. 293 of Cr.P.C.
• Hallmarks of a Good Report
• Contents of Report
• Classification:
Definite positive or definite negative conclusion
Probable (indefinite) positive or probable (indefinite) negative conclusion
No conclusions
ROLE OF PROSECUTION- EXPERT
EVIDENCE
• Induct technical evidence through an Expert
• Establish the bona fide of the Expert
• Understand the expert evidence
• Show that there are no contradictions in the different types of evidence
• Prove that the various pieces of evidence support one another and lead collectively
to one
• and only conclusion that the accused is guilty
• Induct Demonstrative Testimony Systematically
• Anticipates the Defence Line
• Handle Inconclusive Report Effectively
• Listen to the Cross-examination Attentively
• Re-examine the expert
ROLE OF DEFENCE COUNSEL- EXPERT
EVIDENCE
• Understands the Expert evidence
• Plans for Cross-examination:
• discredit the bona fide of the expert,
• challenge the correctness of his findings
• seek elucidation/additional information, which may clarify, confuse, or
contradict other evidence.
• Engaging another Expert to check the correctness of the findings of
the presenting Expert
• Checklist
ROLE OF JUDGE- EXPERT EVIDENCE
• Judge- Ultimate authority to evaluate and utilize the expert evidence
• Undesirable Attitude of Judges
• Role of Judge
IMPORTANCE/ APPLICATION OF
EXPERT EVIDENCE
• Identification of living persons • Insanity
and human remains • Age
• Identification of Corpus delicti • Sexual offences
• Identification of instrument of • Intoxication
crime
• Handwriting
• Nature of injuries
• Cause of death
• Time of death
• Scene of offence
MEDICO-LEGAL ASPECTS OF DEATH
• What is death?
• Identification of death
• 3 Causes of death
1. Syncope
2. Asphyxia
3. Coma
• Physical violence
• Poisoning
• Whether accidental, suicidal or murder?
Continued…
• Importance of estimating the time of death
• Ways to estimate the time of death:
• Cooling of body
• Chemical changes
• Lividity
• Rigor mortis (Cadaveric spasm)
• Decomposition or Putrefaction
• Miscellaneous factors
LIVIDITY
RIGOR MORTIS • CADAVERIC SPASM
MUMMIFICATION
EVIDENTIARY VALUE OF EXPERT
EVIDENCE
• Conclusive report- Higher probative value
• Conflicting opinion between two medical expert
• Medical and Ocular evidence
• Expert opinion must be supported by reasons and data.
FALLACIES ABOUT EXPERT OPINION
• A Court Must Form its Own Opinion
• The Expert must answer in “Yes” or “No”
• The Expert must answer all Questions
• Expert Testimony is Weak Evidence
• Expert Usurps Court’s Functions
• Experts Differ
Sources that guide admissibility of scientific
evidence in US
• Investigative problems
• Scientific problems
• Legal problems
INVESTIGATIVE PROBLEMS
• Lack of adequate knowledge, experience, training and expertise.
(Collection, protection, preservation & evaluation)
• Less number of Investigators (Collection)
• Long distances (Collection)
• Access of suspect to crime scene (Protection)
• Theft, mutilation, or destruction of the evidence (Protection)
• Suspicion of padded evidence
How to tackle Investigative problems?
• Training programmes for Investigator
• Equipping with kits and tools
• Instil the belief over scientific evidence
• Frequent collaboration with the scientist
• Investigator is required to pay attention:
The clue material is relevant
It is authentic
Its integrity is beyond doubt
Its chain of possession is intact (Maintenance of Custody log)
SCIENTIFIC PROBLEMS
• Perfect science
• Substantive or Weak Science
• Presentation of Evidence
• Quality control
• Standardisation
• Accreditation
• Adequacy and updating of tools and technique
• Private experts
LEGAL PROBLEMS
• Competency of an Expert
• Content of Expert report
• Conflicting opinion between two medical expert
• Medical and Ocular evidence
• A Court Must Form its Own Opinion
• Expert Testimony is Weak Evidence
CRIME SCENE EXAMINATION
• Crime scene- Meaning and importance
• Identifying/ Locating the scene of occurrence
• Stages of examination/evaluation:
• Protection
• Photography
• Sketching
• Searching
• Collection, preservation and packing of clues (Handling of clues)
• Documentation/ Recording
ETHICS IN
FORENSIC SCIENCE
• Meaning of Ethics
• Ethics in Forensic Science is concerned with character, conduct, and
morals of the Forensic Scientist vis-a-vis his work in the field, in his
laboratory, in his office, in courts, towards his fellow professionals,
suspects, investigators, lawyers, judges and towards the public at
large.
• Importance
TENETS OF ETHICS
1. The expert must be an honest and dedicated man of science, without any
bias/sympathy to any of the parties involved
2. The scientist is qualified.
3. He must possess the necessary technology.
4. He bases his evidence upon properly generated empirical data. It does not emanate
from his institution/hunch/conformational syndrome. The data meets the standards
fixed by the professional body.
5. He is aware and has studied the contradictory (to his thesis) evidence/data and has
accounted for it.
6. He is prompt in his answers. He admits ignorance of something he does not know.
7. He must tell the whole truth.
8. He must not succumb to pressure.
9. He must remain a man of science. He has no friends to save, no enemies to avenge
10. He should not only be honest but also look honest.