INTENSIVE TESTING OF FORENSIC TECHNIQUES AND ROLE OF PORTRAIT PARLE IN CRIMINAL INVESTIGATION
Published in Journal of The Legal Studies ISSN : 2321- 8452 (Refereed) Volume XLX Year 2019
Author :- Dr. Preeti Joshi Dy Director Univ. Five Year Law College, Assist. Professor, Dept. of Law, Univ. of Rajasthan
Rekha Khandelwal Research Scholar, Dept. of Law, Univ. of Rajasthan, Jaipur, Rajasthan
Introduction:
Today, at what stage the country has come? Did the framers of the Constitution visualize a country where crimes are being seen all around at the time of framing constitution? Newspapers are filled with news of fight, theft, robbery, dacoity, murder, rape and exploitation etc. It seems as if the country has been criminalized with modernization. Along with the modernization of the country, the number of crimes and their forms are also increasing. Cyber crime is one of them; today cyber criminals do embezzlement of lakh of rupees while sitting in home .And no one even knows who can cyber crime. Cybercrimes are crimes that are committed with the help of computers and the Internet, and together make a huge scam. This allows criminals to easily withdraw money from another person’s bank account; a large number of people are suffering with cyber crimes. And no proof of any kind can be found and they carry out their work while remaining in the society easily. These are mostly white collar criminals. Thus we are seeing that crimes are increasing day by day and injustice is spreading with the people in the society while the Preamble of our constitution says about justice for the people.
Is the purpose of the Preamble of the Constitution being fulfilled? Can we say that justice is being done to all in India? If justice is being done, to whom does this crime-laden news point? After all, why is the morale of criminals increasing? He does not hesitate to commit even the biggest crimes. There can be many reasons for this, such as weakening of the justice system, weakening of the police in criminal investigation, or lack of effective law etc. The number of cases pending for trial in the court shows how much injustice is being done to the people of the country, and perhaps this is the reason why the morale of criminals is increasing. And they do not shy away from committing even the biggest crimes. Now there is a need to do something so that the cases pending for trial in the court can be disposed of at the earliest, the Victim can get justice and the culprits get punishment at the earliest. Today, criminals also use scientific techniques in committing crimes; it becomes easy for them to carry out big crimes like robbery, murder, rape, forgery today. Also, he does not leave any kind of evidence. It is necessary that scientific techniques should be used in Criminal Investigation. Forensic science is playing its role in this direction.
Meaning & Utilization of forensic Science:
‘The adjective forensic is derived from Latin word forum. It broadly includes the evidence brought in the court of law to prosecute a suspect of crime. Forensic science helps in solving crime by involving witnesses, victims and the experts in the court of law. Forensic is the term given to an investigation of a crime using scientific means. It is also used as the name of the application of scientific knowledge to legal matters. These days forensic science is used to investigate nearly all Crime scenes with the advancements of science, most forensic science techniques are a common and necessary part of a criminal investigation. There has always been a role for forensic science in criminal investigations, but with criminals committing clever, well thought out crimes more often, forensic science is now an essential tool for criminal investigations.’[1]
Whenever a crime occurs or an accident happens, criminal investigation is done by the Police Investigating Officer after receiving the first information. At the crime scene all physical evidences like blood, urine. saliva, vaginal liquid, serum, hair, bone part trace mark, tool marks etc. which are avaible on spot are collected with the help of special kit and then after it is preserved in the container, and handled in a forensic lab for analysis where the forensic experts with the help of various forensic techniques analyze them and prepare the forensic science report which is collected by the police and matched with the old records. Easily if matched. The culprit is identified and the FSL report is presented before the court as evidence, then justice is given on the basis of this. Thus Forensic Science has a major contribution in Criminal Investigation and Deliver to Justice.
Techniques which are using in criminal investigation.
1. “Ballistics
This side of science involves everything that has to do with the flight, behavior, effects, and launching of projectiles such as gravity bombs and rockets but when most people say ballistics they’re referring to bullets. Ballistics is broken down into four main categories. These are internal ballistics, transitional ballistics, external ballistics, and terminal ballistics. In the field of forensics, ballistics is used to analyze the bullet itself and its impact to see if the information found can be used in a court of law.
2. DNA Sequencer
This scientific device is used to help figure out the order in which the four bases of DNA are arranged in a specific sample of DNA. For those of you that don’t remember the four bases from high school biology, they are guanine, cytosine, adenine, and thymine. Crime lab technicians and forensic scientists alike use a DNA sequence when their DNA sample is too deteriorated in order to get a special DNA pattern that can aid in identifying the criminal. This special DNA pattern is called a “read”.
3. Hair Analysis
One of the key elements that usually end up putting criminals in jail is something that they’ve managed to completely overlook. That one small detail that plays a crucial part in their conviction is DNA. DNA evidence can range from bodily fluids such as blood or seminal fluids and fingerprints. However, clothing fibers and hair are just as important. The average person loses around 60-100 hairs per day and there’s no way you could keep track of where they fall. This works in favor of the forensics team. It was recently announced that human hair protein could potentially replace DNA as a key tool in forensics because of special markers that could allow the hair to distinguish an individual from a large group of people, say one million.
4. Polymerase Chain Reaction
Abbreviated as PCR, the polymerase chain reaction technique was created by Kary Mullis back in the 1980’s and has gone on to be used in many different applications such as molecular biology and forensic science. Basically what PCR does is that it takes a single copy of DNA and replicates it around thousands to millions of times enough to where forensic scientists are able to successfully test it to match the DNA evidence of the potential suspect. This was a major breakthrough for cases that didn’t have enough DNA evidence to solve their cases and allowed these cases to be solved decades after they were committed.
5. Forensic Facial Reconstruction
The first time a facial reconstruction was done was back in 1883 and then again in 1895. This technique combines several different fieldsー anthropology, anatomy, astrology, forensic science, and artistry in order to help solve the identity of someone that isn’t known by using their skeletal remains. This technique is quite controversial as it does prove to be somewhat problematic. Facial tissue thickness is the main issue that plagues this method but also the methodological standardization of the individual’s facial features. Even though it’s not completely accurate it has proven useful in identifying victims and putting away perpetrators behind bars.
6. Fingerprint Analysis
There are considered to be hundreds of techniques in order to detect fingerprints, however, most of them are only for academic interest and there are really only roughly 20 methods that are extremely accurate and used in fingerprint labs all over the world. This is because fingerprints are classified into three groups: three-dimensional plastic prints, patent prints, and latent prints that each varies depending on the type of surface the print was discovered on. The most common method used to convict criminals has been dusting where forensic scientists use black granular powder to locate the prints and then lift them with an adhesive tape, though the powder does have the potential to contaminate the evidence.
7. Luminol Spray
Perhaps one of, if not, the most important techniques that forensic scientists have under their belt is luminol. This chemical can be traced back to 1928 when a German Chemist named H.O. Albrecht discovered that blood is able to make this chemical glow. See, the reason that this is possible is thanks to the iron that is found in the hemoglobin of blood and acts as a catalyst that sets off the chemical reaction. The chemical will then give off a blue glow but in order to be visible the room has to be dark enough and luminol only lasts up to 30 seconds so forensic photographers have to work very fast.”[2]
Forensic Expert who are giving their contribution in criminal investigation:
1. “Field Officers: These are technicians who visit the scene of a crime and collect the physical evidence that may be related to the crime. They also do the work by taking photographs of the scene and compile in the form of documents and videos.
2. Lab Officers: These are technicians who analyze and complete tests on the evidence collected by the field officers. Sometimes the above two roles are broken into expert areas. These include:
I) Crime Scene Investigator: these are the people who visit the scene of the crime to find, collect, protect and transport all the evidence they have collected back to the crime lab.
ii) Latent Print Examiner: This specialist examines fingerprints, Palm prints and footprints.
iii) Firearms Examiner: This expert examines the evidence to identify what sort of fire was used by comparing bullet and shell casings and searching for and identifying gunshot residue.
- Tool Mark Examiner: This person is similar to the fingerprint examiner, but rather than looking for human fingerprints they instead look for any distinctive marks that may have been left by tools that the criminals used.
- Document Examiner: This specialist examines any documents left at the scene. Document examiners determine authenticity and authorship they also look for any alterations that may have occurred to the original documents and may be asked the identity, if a particular copier or typewriter has been used in the creation of a document.
- Trace Evidence Examiner: These experts analyze and compare any dresses that the criminal may have left behind. This person is responsible for analyzing and comparing hair, fibers, glass, soil and paints to work out their type and origin. While the above roles relate to all crimes, there are some additional experts who are called upon if the crime involves finding a body. The roles specifically relating to examining remains or murders are :
- Forensic pathologist: This person is responsible for examining the body, undertaking autopsies to determine cause of death and is required to collect any evidence that can be found on or in the injured party. Forensic pathologist may also examine living injured party to determine the causes and ages of injuries the live injured party may have received during the crime. The forensic pathologist uses autopsy reports, police reports, medical records, suspect/fitness interviews and the results of crime lab evidence analyses in the pursuit of answers.
- Forensic Anthropologist: in the case where remains are difficult to identify or are skeletal, a forensic anthropologist is called in. These experts can use skeletal remains to work out age, sex and race of the deceased. They can also identify any injuries or illnesses that the injured party may have suffered and sometimes can even establish the time of death. Forensic anthropologists can also use remains to do toxicological, chemical and DNA test to help them to discover more about the injured party. These experts don’t just do lab work, but they also can find out a lot by visiting the location where the remains were found.
- Forensic Odontologist: These experts are basically forensic dentists. They help to identify bodies by looking at and matching dental patterns with the dental records collected from dentists. They are also called in, in cases where there are bite marks or teeth found.
- Forensic Entomologist: Entomology is the study of insects. A forensic entomologist uses his knowledge of insect life cycle to determine time of death. It is common for bodies that have been found sometime after death to be invaded by hungry insects. This expert can also use his knowledge of habitat where different insects live, to work out if a body has been moved or not.”[3]
Special features of forensic science:
Forensic science has some special features, due to which the importance of forensic science is further enhanced, as are some of the principles of forensic science, due to which the utilization of forensic evidence can be done with full confidence in Justice Deliver.
The principles are:
‘Principle of exchange,
Principle of Analysis,
Principle of comparison,
Law of individuality,
Law of Progressive Change,
Law of Probability’[4]
All above Principles states that each object has a feature in itself and is different from everyone else. Whenever one object comes into contact with another object, each other’s marks also exchange on each other. Every person and object must have some changes over time; any object can be studied and analyzed comparatively with some others. There are some characteristics which further increase the importance of forensic science.
Today’s scenario of justice system in India
Even today, India’s justice system is based on the old thinking, there is still some assumption in the Indian justice system which seems to be in favor of the culprit like oral evidences can be best evidences, not a single Innocent person should be convicted., whoever has been given proof should be out of Reasonable Doubt and any kind of benefit to doubt should be given to culprits. Even today, the justice system in India is based on oral evidence, although if there is eye witness in a case then it can be best evidence, but many times eyewitness can also have some shortcomings like: many times which can happen. He has seen the incident for a very short time and has not been able to observe the event completely. Now, which is why he cannot identify anyone well, he may have never seen before. He may have some shortcomings in his observation skills such as Eye-sight, memory in him, he may have a biased nature, that side can also be biased. If he is identified and wants to protect him, he can also lie many times. And there is a delay in taking oral evidence due to which the eyewitness may lie under the influence of another or they can prepare the self story of their mind. Can also be intimidated by an ally of the culprit due to whom he does not make a correct statement. He can also be influenced by the court room environment. Thus Eye witness has some shortcomings which can be hindered in delivering justice. And these shortcomings can only be overcome by scientific evidence.
Need of complete utilization of forensic technique in criminal investigation and deliver to justice.
Today Forensic Techniques are highly needed in Criminal Investigation and Deliver to Justice. We are seeing, how the number of crimes is increasing? The morale of criminals keeps increasing. The reason for this is the delay in getting justice. There is a lot of cases pending in the court for consideration, due to lack of timely and quick evidence or due to non-availability of oral evidences, many times the benefit of a reasonable doubt goes to culprit or the case cannot be solved, and the cases get clogged in the court, due to which the fear of the law has ended among the criminals. And they appear to be fearlessly committing a crime. Today, the fear of the common man is embedded in the mind that it is not known what crime will happen to him. In this way he is spending his life in a fearful atmosphere. If justice is provided on the basis of priority of FSL report, judicial decision will be expedited. And how many cases will not be put up in court. And Victim will get justice and punishment for the criminal immediately because the forensic techniques can collect evidences quickly and at short cost while other private agencies spend much time and expense in doing this, sometimes evidences are not available and justice is delayed.
Although forensic evidence may also have some drawbacks such as physical clues from the criminal site if properly collected. If not preserved and handled, the clues that reach the forensic lab will not be real and if analyzed on the basis of those clues. Then FSL report will not be accurate. Another, forensic expert should be highly skilled and knowledgeful in their work otherwise false report can become. Forensic experts must have a good character, honest, patriotic love, and it is also necessary to have enough staff to work in a forensic lab, otherwise there will be a heap of work and reports will not be ready. Sometimes police is not able to play their active role, due to which the investigation of crime is not done very quickly, it is necessary to be active of the police if the police investigator is not highly skilled and knowledgeful, real clues can’t be collected from crime scene. The equipment used in the forensic lab is also required to be properly maintained from time to time. But the loopholes that come in forensic evidence can be removed like PIO can be trained for physical evidence collection or the forensic team can be called to the criminal site. Other, Tools and techniques used in forensic techniques can also be properly maintained from time to time. Adequate staff, experts and scientists can be hired. And the FSL report made by one expert can be examined by another expert. Also, information related to forensic techniques by the seminar, conference, and information related to their use in criminal investigation and justice can be shared with the judge, lawyer, counselor, scientist and students etc. Due to which better use of forensic evidence can be. And thus if all the shortcomings in the use of forensic techniques are removed, then it can be very helpful in providing justice at the earliest, while the shortcomings related to oral evidences cannot be removed. There is no way to remove them on which they can be removed and can be used with full confidence in Justice to deliver.
Conclusion & Suggestion:
After doing the above research, after knowing today’s scenario, after analyzing the rising crime, causes of crime, justice system and police investigation and analyzing forensic science, their special features, forensic techniques and field officers etc. After analyzing the deficiencies in oral evidence from eyewitness, it can be reached that Criminal Investigation can be done as soon as possible by using forensic technique. If justice is rendered on the basis of forensic evidence, judicial decisions can be made at the earliest, due to whom the court will not have any cases clutter. There will also be reduction in the morale of criminals. Crime will be prevented by increasing day by day. And the common man will be able to live his life in a fearless, crime free society. Being a patriot, I would like to suggest that the forensic science report should be given priority in the justice system at the earliest and based on FSL, quick justice decision should be made so that the country can be made crime free and people could be live with happiness in the society as well as the object of the preamble of our constitution to provide justice could be fulfilled
Bibliography:
Books:
- Sharma, B.R., Forensic Science in Criminal Investigation & Trials, Universal Law Publishing Co., New Delhi India (2014).
- Chatterjee. Dr. Ishita, Law of Forensic Science, Central Law Publications (2015).
- Nabar, B.S., Forensic Science in Crime Investigation, Asia Law House (2002)
Search Engine:
- https://www.technologynetworks.com/applied-sciences/videos/14-amazing-forensic-science-techniques-298104(Last visited on Feb. 15, 2020.)
- https://en.wikipedia.org/wiki/forensic_science(last visited on dec.20, 2019.)
[1] Dr. Ishita Chatterjee, Law of Forensic Science, Central Law Publications(2015)
[2]Forensic techniques avaible on https://www.technologynetworks.com/applied-sciences/videos/14-amazing-forensic-science-techniques-298104(Last visited on Feb. 15, 2020.)
[3] Dr. Ishita Chatterjee, Law of Forensic Science, Central Law Publications(2015)
[4] B.R. Sharma,Forensic Science in Criminal Investigation & Trials, Universal Law Publishing Co., New Delhi India(2014)