Author: Anisha Parveen
Editor: I Sharan
INTRODUCTION
Forensic science is the use of scientific methods to help solve crimes and support law enforcement. It involves answering important legal questions by analysing evidence from crime scenes. Various scientific fields are involved in forensic science: e.g. Physics helps understand things like blood splatter patterns. Biology identifies unknown people through DNA. Chemistry examines the chemical makeup of substances found at crime scenes. Forensic science has been around for a long time with its use in criminal investigations dating back thousands of years. In 1902, Argentina was the first country to use witness testimony in criminal cases. Sir William Herschel suggested using fingerprints to identify criminals.
One of the key activities in forensic science is studying DNA the genetic material in all living things. By the late 20th century forensic scientists had advanced technology to analyse evidence such as DNA tests and computer searches making their work more precise and effective.
Keywords (Forensic science, fingerprint analysis, firearms, Forensic evidence, autopsies)
Meaning, Definition & Explanation
“The word forensic comes from the Latin word “forensis” which means public or related to debate and discussion. Today “forensic” refers to anything used in a court of law. Forensic science is any science used for legal purposes. Forensic sciences help solve civil disputes, enforce criminal laws fairly, and protect public health worldwide. Forensic scientists step in whenever a scientific analysis is needed to find the truth and seek justice in legal cases.”(1)
“Forensic science is a field that uses different scientific methods to investigate crimes and legal problems. It involves studying physical evidence like DNA fingerprints and small materials to find facts for court cases. Forensic experts help the police and courts solve cases and ensure fairness. Forensic science applies different scientific fields to solve legal and criminal cases. It includes areas like chemistry biology physics and computer science to collect and study evidence from crime scenes. By using advanced methods forensic scientists help police discover the truth and deliver justice.”(2)
Historical Background / Evolution
“Historically, much of the evidence found at crime scenes was observational, assessed by the human eye directly. It is standard practice to use advanced techniques such as fingerprinting, DNA testing, chemical analysis, and more when assessing physical crime scenes.”(3)
“Forensic science is still developing in the modern criminal justice system. However, its importance goes back to ancient civilizations. The earliest use of forensic science was in ancient Greek and Roman societies.
These civilizations made important contributions to medicine, especially pharmacology. They studied how toxins were made, and used, and their effects, which helps us understand past murders.
In 16th century Europe, doctors started gathering information about the cause and manner of death. In the 17th century, forensic science became more important because of new scientific advancements. In the following centuries, forensic science grew as more science was used to solve crimes. Techniques like matching clothing fibbers and footprints to suspects became popular. Over time, criminal investigations focused more on evidence and logical methods.”(4)
Types of Forensic Science Techniques
- “Collection and Preservation of Evidence
Forensic science starts at the crime scene, where experts carefully examine everything. They identify, record, and collect physical evidence like fingerprints, bloodstains, hair, clothing, and weapons. By analysing the scene and the evidence, they recreate what happened. This process is crucial for building the initial understanding of the case.
- Laboratory Analysis
After collecting evidence, it goes through detailed lab analysis. Different areas of forensic science, like DNA analysis, toxicology, ballistics, and digital forensics, come into play. Experts use advanced tools and methods to examine the evidence. For example, DNA profiling can link suspects, victims, or crime scenes—toxicology checks for drugs or toxins in the body.
- Examination of Fingerprints
Fingerprint analysis is a key part of forensic science. Everyone has unique fingerprints because of the patterns on the ridges of their skin. Forensic experts compare fingerprints found at crime scenes with known prints in databases to find possible suspects. This method has proven crucial in many cases, linking people to crime scenes.
- Expert Witness Testimony
In the judicial system expert witnesses especially those skilled in forensic science play a crucial role. With their deep knowledge and training, these experts help make complex scientific evidence and ideas understandable for judges and juries. Their input helps bridge the gap between complicated forensic findings and the people who need to make legal decisions.”(5)
Legal Provisions
“Section 73 of the Indian Evidence Act states that everyone, including the accused, must give a fingerprint or DNA test.
Another debate is about drug use and its legal validity. Narcotics analysis is a new field in criminal investigation. But the question is whether the evidence from the drug test is admissible in court. In this way, the investigator tries to get some words from an unconscious person that can be used as evidence. This process has many legal and ethical problems. Some consider this to be a violation of Art. Article 20 of the Constitution of India.
Section 53 of the Crimes Act 1976 provides that a medical examination of the accused may be carried out if the police officer considers that the examination will provide evidence of an offence.
In 2005, some changes were made in the Penal Code only in the case of rape, as well as blood tests, DNA tests, sperm tests, swab samples, hair samples and other tests.
Article 164A of the Criminal Code also allows coroners to examine victims within 24 hours. But the question is whether all doctors in the community can collect DNA samples. The sample collection will no longer be useful research and will not be contaminated because it has been inhabited since ancient times. The evidence is considered biblical by many judges and accepted as experts’ faith. However, the court is not bound by these reports and may rely on other evidence.”(6)
Case Laws
“Bombay State High Court v. Kathi Kalu Ogad and Anr – Many people argue that fingerprint and DNA identification violates Article 20(3). They argue that forcing the prosecution to give fingerprints is like the prosecution giving them evidence. However, in this case court said that forcing a person to produce documentary evidence such as fingerprints, blood, and semen does not violate the provisions of Article 20(3).
Ramchandra Reddy and Ors. v. The state of Maharashtra – Bombay High Court in this case, Maharashtra supports legalizing polygraph tests and drug tests. But as for Selvey and Ors. v. State of Karnataka and Anr. The court ruled that those
who spoke during the mental health report or drug test were untrue, and therefore the decision should be deemed invalid.”(7)
Future of Forensics
“Forensic science will likely change a lot with artificial intelligence. AI can analyse huge amounts of video and audio data to find criminal activity and suspects using facial recognition. Digital forensics will also grow as more crimes happen online and more information is stored on electronic devices.
New forensic tools will make investigations faster and more accurate. They might even solve old cases that seemed unsolvable. This will improve the justice system by making it fairer and more precise. We need to be careful with new technologies to avoid any negative effects, but the potential benefits are huge, and it will be interesting to see how forensic science evolves in the next few decades.” (8)
CONCLUSION & COMMENTS
Forensic science is an important tool for justice. It uses scientific methods to help solve crimes, prove innocence, and ensure that the guilty are held responsible. Forensic experts play key roles from investigating crime scenes to presenting evidence in court, which helps in solving crimes effectively. This strengthens both law enforcement and the judicial system, making forensic science essential today.
In India, forensic evidence fits well within the legal system. It helps those investigating crimes and gives judges clear information, boosting their confidence in making decisions in both criminal and civil cases. Forensic science is now a highly developed field used in various investigations. It includes advanced methods like fingerprint analysis, DNA profiling, ballistics, and firearm investigations.
REFERENCES
- Online Articles / Sources Referred
- (1) BHAVNA,< https://www.ijfmr.com/papers/2024/2/15569.pdf >
- (2) BHAVNA,< https://www.ijfmr.com/papers/2024/2/15569.pdf>
- (3) Teja, S. (2023, December 6). The History of Forensic Science and its evolution. Textual. <https://texial.net/history-of-forensic-science/ >
- (4) Teja, S. (2023, December 6). The History of Forensic Science and its evolution. Textual. <https://texial.net/history-of-forensic-science/ >
- (5) Role of forensic science in crime investigation. (2023, October 6). <https://lifs.co.in/blog/role-of-forensic-in-crime-investigation.html >
- (6) BHAVNA,< https://www.ijfmr.com/papers/2024/2/15569.pdf >
- (7) BHAVNA,< https://www.ijfmr.com/papers/2024/2/15569.pdf >
- (8) Kenny, T. (2023, November 7). The role of forensics in modern criminal investigations. Northwest Career College. <https://www.northwestcareercollege.edu/blog/the-role-of-forensics-in-modern-criminal-investigations/ >
- Cases Referred
- Bombay State High Court v. Kathi Kalu Ogad and Anr AIR 1961 SC 1808, 1962 SCR (3) 10
- Ramchandra Reddy and Ors. v. The state of Maharashtra. 2004 ALL MR (Cri) 1704
- Selvey and Ors. Vs State of Karnataka and Anr. AIR 2010 SC 1974
- Statutes Referred
- Crimes Act 1976
- Indian Evidence Act
- Indian Penal Code,1860
