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SCIENTIFIC EVIDENCE IN

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

Evidens evidera – state of being evident

• Section 3 of Indian Evidence Act- signifies only the instruments.


INTRODUCTION
• Determines how the parties are to convince the court of the existence
of the facts which would enable application of substantive law.
• Ex facto jus oritur
• Body of rules regulating the admissibility of evidence in court of law.
• Primarily controls the function of fact finding in judicial inquiries
LAW OF EVIDENCE

• Relevancy of fact

Relevant fact

Fact in issue

• Proof of relevant facts

• Production of proof
LAW OF EVIDENCE

• What sort of facts?

• What sort of proof is to be given to those facts?

• Who is to give it?

• How is to be given?
IS IT AN ADJECTIVE LAW?
• Substantive law- Defines the rights, privileges, duties and immunities
and liabilities.

• Procedural law- Determines the pleading and procedure.

• Adjective law- Pleading + Procedure + Proof

• Law of Evidence is an Adjective law. In certain respects, it is also a


substantive law.
JUDICIAL INQUIRIES & SCIENTIFIC
INQUIRIES
• SIMILARITIES:
The problem of discovering the truth
Rules of induction and deduction
Causes Effect

• 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

• Evidence must be confined to the matters in issue

• Hearsay evidence is not to be admitted

• In all cases, the Best Evidence must be given


Lex fori

• Lex- Law

• Fori- forum, court

• Meaning- Law of the court

• Law of Evidence- Lex fori applies


FORENSIC SCIENCE- MEANING
• Etymology: Forum + Scientia
• Science applied for law enforcement.
• Science that deals with analysis of physical evidence collected from all
possible source where the criminal and victim are associated with.
• Scientific discipline which is directed to the recognition, identification
and evaluation of physical evidence by the application of principles
and methods of natural sciences for the purpose of administration of
criminal justice.
Continued…
• Criminalistic- Synonymous term.
• Forensic science is concerned with materials and indirectly through
materials with men, place and time.
• Importance of Investigating Officer.
• Forensic science processes, identifies and compares the materials.
They establish the presence or absence of a link between the crime, the
criminal, the victim, the weapon of offence, the place and time of
occurrence inter se.
NATURE
• Embraces all branches of science
• Techniques were borrowed from various scientific disciplines.
• Developed its own branches.
• 2 important characteristics:
1. Multi-professional
2. Multi-disciplinary
BRANCHES
• Trace evidence analysis • Forensic Chemistry
• Digital forensics • Forensic Dactyloscopy
• Forensic Accounting • Forensic Podiatry
• Forensic Toxicology • Forensic DNA analysis
• Forensic Psychology • Forensic Entomology
• Forensic Anthropology • Forensic Geology
• Forensic Ballistics • Forensic Linguistics
• Forensic Botany • Forensic Pathology
Continued…
• Forensic Odontology
• Forensic Engineering
• Forensic Archaeology
• Forensic Meteorology
• Forensic Biology
• Forensic Physics
• Forensic Document Examination
• Forensic serology
FORENSIC TOXICOLOGY
BOTANICAL
EVIDENCES
FORENSICS PODIATRY
FORENSIC ODONTOLOGY
APPLICATIONS
• Social change
• Anonymity
• Technical knowledge
• Wide field
• Better evidence
• Alternatives (Eyewitnesses, Confessions, Approvers, Stock witnesses)
• Genie against crime
FUNCTIONS
• Establishes Corpus delicti
• Determine the modus operandi of a crime
• Identifies the Criminal
• Identifies the Victim
• Others:
Provides leads to the investigators
Discriminates real crime scene from the fake
Locates hidden clues, identifies correct clues and helps to collect proper
sample clues for comparison.
Establishes sequence of events.
Helps to identify the innocent accused by de-linking him.
Identifies the correct crime weapon.
PRINCIPLES
• Law of Individuality
• Principle of Exchange
• Law of Progressive change
• Principle of Comparison
• Principle of Analysis
• Principle of Probability
• Facts do not lie
LAW OF INDIVIDUALITY
• Every object, natural or man-made, has an individuality, which is not
duplicated in any other object. It is unique/ Neither the nature has
duplicated itself nor can man.
• May appear contrary to common belief and observations.
• Verified in certain forensic fields
• Examples: Fingerprints, foot prints, DNA, parts of firearms, etc.
• Anything and everything involved in crime has individuality-
Fundamental principle.
EDMOND LOCARD

• Sherlock Holmes of France


• Established the first crime lab
• 1877-1966
• Qualification: Medicine & Law
• Research- Dactylography
• Work: “Treaty of Criminalistic”
• “Wherever he (offender) steps, whatever he touches, whatever he
leaves, even unconsciously, will serve as a silent witness against
him. Not only his fingerprints or his footprints, but his hair, the
fibers from his clothes, the glass he breaks, the tool mark he leaves,
the paint he scratches, the blood or semen he deposits or collects.
All of these and more, bear mute witness against him. This is
evidence that does not forget. It is not confused by the excitement
of the moment. It is not absent because human witnesses are. It is
factual evidence. Physical evidence cannot be wrong, it cannot
perjure itself, it cannot be wholly absent. Only human failure to
find it, study and understand it, can diminish its value.”

- 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

• “Only the likes can be compared.”

• Emphasises that the necessity of providing corresponding


samples/specimens/standards for comparison with the questioned
items.

• 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

• PART II- ON PROOF


Chapter IIIFacts Which Need Not Be Proved
Chapter IV Oral Evidence
Chapter V Documentary Evidence
Chapter VIThe Exclusion Of Oral By Documentary Evidence
Continued…
• PART III- PRODUCTION AND EFFECT OF EVIDENCE
Chapter VII The Burden Of Proof
Chapter VIII Estoppel
Chapter IX Witnesses
Chapter X The Examination Of Witnesses
Chapter XI Improper Admission And Rejection Of Evidence
PREAMBLE

WHEREAS it is expedient to consolidate, define and amend the law of

Evidence, it is hereby enacted as follows:


DEVELOPMENT OF FORENSIC
SCIENCE- HISTORY
• King replaced by men with knowledge
• Ancestors applied Forensic science in various field without knowing
the science behind it.
• 44BC- Autopsy of Julius Caesar By Antistius
• 3500 BC- Egyptians followed mumification
• 13th Century- ‘Xi Yuan Li’ by Song Ci (First literature to determine the
cause of death.
• FORENSIC ENTOMOLOGY
A murder case in 1235 using sickle.
Continued…
• FORENSIC PATHOLOGY:
16th century- Amboise Pare
Fortunato Fidelis & Paolo Zacchia
• FORENSIC TOXICOLOGY:
1773- Carl Wilhelm Scheele
1787- Johann Daniel Metzger
1806- Valentine Rose
1836- Alfred Swaine
1836- James Marsh (MARSH TEST)
1832- John Bodle case
1840- Lafarge Poisoning case
19th Century- Book on Forensic Toxicology by Mathieu Orfila (Father of
Forensic Toxicology)
Continued…
• FORENSIC BALISTICS:
1835- Henry Goddard and later continued by his brother, Calvin Goddard
1920- Murder of security guard and robbing factory case
St. Valentine Massacre
• FINGERPRINT FORENSICS:
Used as signature in ancient period
1853- William James Herschel
1892- Murder case in Argentina
Continued…
• FORENSIC ODONTOLOGY:
1773- Paul Revere
1897- Article by Dr. Oscar Amoedo (Father of Forensic Odontology)
RELEVANCY AND ADMISSIBILITY

• Definition of Fact, Relevant and Fact in issue

• Difference between Relevant fact and Fact in issue

• Essential ingredients of Relevancy and Admissibility

• Difference between Relevancy and Admissibility.


ADMISSION
• Definition (Sec. 17)
• Essentials:
Statement- Oral, Written or electronic document (Sec. 17)
Suggest an inference about fact in issue and relevant fact (Sec. 17)
Can be made by persons as mentioned in Sec. 18, 19 and 20 only.
• When Admission is relevant?
• Against the person who makes it (Sec. 21). It has three exceptions.
• In case of oral evidence as specified in Sec. 22.
• Admission in civil cases (Sec. 23)
Continued…
• Evidentiary value of Admission:
Only a substantive evidence and not a conclusive proof
Admission must be clear, certain, definite and without any ambiguity,
vagueness or concession.
Can operate as estoppel. (Sec. 31)
Shifts the burden of proof.
• Difference between Admission and Estoppel.
CONFESSION
• Not defined.
• Types: Judicial Confession, Extra- Judicial confession, Retracted
confession.
• Confession when irrelevant:
It is caused by the inducement threat or Promise(sec 24)
It is to the Police Officer(sec 25) read with the provisions of the Sec 27
It is in the custody of the Police Officer(sec 26)
• Confession when relevant:
• When any fact is disposed to as discovered in consequence of information
received from the accused person in the custody of the Police officer (sec 27)
• Confession made after removal of threat, inducement or promise (sec 28)
• Confession otherwise relevant not to become irrelevant because of promise of
secrecy( sec 29)
Continued…
• Confession of Co-accused (Sec. 31)
• Evidentiary value of Confession
• Procedure to be followed: Sec. 163, 164 and 281 of Cr.P.C.
• Constitutional safeguards- Art. 20 & 22
ADMISSION CONFESSION
• Genus • Species
• Defined under Sec.17 • Not defined
• Every statement whether it runs • Admission of the guilt in
in favour of or against the party reference to the crime and
making it. therefore against the interests of
• Admission made to any person the accused.
under any condition is valid. • Confession is relevant only if it
• Admission made upon an is free and voluntary.
understanding that evidence of it • Confession made under a
would not be given is irrelevant. promise of secrecy is relevant.
ADMISSION CONFESSION
• Statement of a co-plaintiff or • Confession of an accused is
those of a defendant are no relevant against all his co-
evidence against others. accused in a joint trial for the
• Admission can be made by same offence.
persons who are not parties to • Confession always proceeds
the case. from a person who has
committed an offence or is
accused of an offence.
• Satisfactory proof and it is
• Admissions are not conclusive decided by the judiciary based on
proof unless they operate as the type of confession.
estoppel.
THIRD DEGREE METHODS
 Electric shock
 Being hung upside down  Beating with eons, boards, metal pipes
 Threat to death  Sexual abuse and rape
 Submersion in water  Denial of access to toilet
 Stubbing out of cigarettes  Having police dogs released on them
 Sleep deprivation  Kicking in the head
 Sensory deprivation  Denial of food
 Forcible extraction of teeth  Threats against family members
 Beating during public demonstrations  Prisoner – on – Prisoner violence
 Death while in police custody  Threats of amputation
 Verbal abuse
PERTINENT QUESTIONS ON
CONFESSION AND USE OF THIRD
DEGREE METHODS

• Why do Police resort to third degree methods?

• How to prevent the use of third degree methods?

• How far is scientific methods useful in crime detection?


DYING DECLARATION- Sec. 32(1)
• Exception to Hearsay rule
• Essentials:
Person making statement must die and cause of his death is in question before
the Court
Statement must relate to the cause of his death or the circumstances of the
transaction which resulted his death
Statement can be made with or without expectation of death
• Forms
• Evidentiary value
• Guidelines to increase the credibility
BURDEN OF PROOF
(Sec. 101-114)
• Ei incumbit probation qui dicit no qui negat
• Burden of proof on the person who alleges the affirmative of the issue
• Fixing burden of proof on the person who would fail if no evidence at
all were given.
• Standard of proof in criminal cases- “Beyond reasonable doubt”
• Burden of proving a particular fact
• Burden of proving fact to be proved to make evidence admissible
Continued…
• Proof of General exceptions in IPC
• Burden of proving fact especially within knowledge
• Burden of proving death of a person known to have been alive within
30 years
• Burden of proving that a person is alive who has not been heard of for
7 years
• Burden of proof as to relationship in the cases of partners, landlord
and tenant, principal and agent
• Burden of proof as to ownership
Continued…
• Proof of good faith in transactions where one party is in relation of
active confidence
• Presumption as to certain offences- Sec. 121, 121A, 122 & 123 of IPC
• Birth during marriage, conclusive proof of legitimacy
• Presumption in cases of suicide by married women and dowry death
• Presumption as to existence of certain facts
• Presumption as to absence of consent in certain prosecution for rape
EXPERT TESTIMONY
• Legal Provisions:
Sec. 45- Opinion of Expert
Sec. 293 of Cr.P.C.
Sec. 46- Facts bearing upon opinion of Expert
Sec. 45A- Opinion of Examiner of Electronic evidence
Sec. 47- Opinion as to handwriting when relevant
• Need for Expert opinion
• Advisory in character
• Matters in which opinion is admissible under Sec. 45 [Foreign law,
Science, Art, Handwriting, Fingerprints]
• Corroboration is not always required
• Reasons for Reliance:
Subjective factor is very little
Always verifiable
TYPES OF EXPERT EVIDENCE

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

1. The Frye Standard

2. The Federal Rules 702 of Evidence

3. The Daubert Standard


THE FRYE STANDARD
• Frye v. United States, 293 F. 1013 (D.C. Cir. 1923)
• Rejected the scientific validity of the Lie Detector (polygraph) test
because the technology did not have significant general acceptance at
that time.
• Requirement- Particular scientific evidence is allowed into the
courtroom only if it is generally accepted by the relevant scientific
community.
THE FEDERAL RULES 702 OF
EVIDENCE
Federal Rule of Evidence (702) made in 1975:
“If scientific, technical, or other specialized knowledge will assist the trier of fact to
understand the evidence or to determine a fact in the issue, then a witness qualified
as an expert by knowledge, education or training, skill, and experience, may testify
thereto in the form of an opinion or otherwise if…
(1) The testimony is based upon sufficient facts or data,
(2) The testimony is the product of reliable principles and scientific methods,
(3) The witness has applied the principles and methods reliably to the facts of the
case.”
THE DAUBERT STANDARD
• Daubert Vs Merrell Dow Pharmaceuticals, Inc
• US Supreme Court ruling in 1993
• Ruling:
1. The empirical testability of a particular scientific theory or a technique.
2. The study or theory has been subjected to peer- review or published.
3. The acceptance of known or potential rate of errors of theory or technique
and the existence and maintenance of standards.
4. The general acceptance of theory or technique in a scientific community.
FORENSIC SCIENCE INSTITUTIONS
• Forensic Science Laboratory
CFSL (https://cfslhyd.gov.in/# ; https://cfslpune.gov.in/ ;
www.cfslchandigarh.gov.in ; http://dfs.nic.in/cfslbpl.gov.in ;
http://cfslghy.gov.in/ )
FSL (https://forensic.tn.gov.in/ )
• Finger Print Bureau
• https://ncrb.gov.in/en
• https://eservices.tnpolice.gov.in/CCTNSNICSDC/Index?21
• Government Examiners of Documents
• CID Scientific sections
Continued…
• Computer divisions
• Chemical Examiners Laboratories
• Petroleum & Explosives Safety Organization (PESO)
Department of Explosives- https://peso.gov.in/web/about-peso
• Serologist to the Government of India
• Mobile Laboratories
• University Departments
• Medicolegal Institutes
• Private Consultancies
PROBLEMS OF PROOF

• 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.

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