The Indian Legal System and Forensic Science
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The Indian Legal System and Forensic Science

Forensic Science is concerned with the application of scientific knowledge and methodology to legal problems. Evidence analysis involves the application of many disciplines such as physics, chemistry, biology, computer science, and engineering

Post by on Wednesday, May 18, 2022

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 We often hear statements like "a forensics team of experts is working on the crime scene" or "the police is waiting for reports from the forensics team for further investigation" while watching a movie or analyzing a crime, especially India's most famous TV show C.I.D., but their role in crime detection is not clear to most of us. This article aims to educate readers about forensic science and its significance in crime prevention and detection.

 

In a criminal justice system, forensic science is defined as "the application of science to those criminal and civil laws that are implemented by police authorities." Forensic Science is concerned with the application of scientific knowledge and methodology to legal problems. Evidence analysis involves the application of many disciplines such as physics, chemistry, biology, computer science, and engineering. For example, physics is utilized to decipher the pattern of a blood splatter, biology is used to pinpoint the source of an unidentified suspect, and chemistry is used to determine drug composition. As a result, the importance of forensic science in criminal justice and the legal system is often overlooked.

 

Forensic Science's Purpose

Forensic Biology/DNA: Aside from fingerprint analysis, DNA profiling is another common forensic tool utilised in criminal investigations. Because DNA is as distinctive to an individual as fingerprints, forensic professionals can use it to identify or confirm an unidentified person or eliminate suspects from a list of suspects. Blood, saliva, sperm, skin, urine, and hair are the most common biological evidence utilised for DNA profiling. DNA fingerprints, on the other hand, are rarely used as the sole piece of evidence in a court of law.

 

Forensic Odontology

When a body is left in an unidentifiable state, forensic odontology aids in victim identification. This is accomplished through a thorough inspection of their teeth, alignment, and overall oral structure. By evaluating the development and architecture of the teeth, as well as any restorative dental treatments such as fillings, forensic dentists or odontologists aid in the comparative identification of a person. Bite mark analysis is frequently used in criminal investigations.

 

Controlled Substances

Controlled substances are chemicals that are legally recognised as having the potential for abuse. This covers both "street drugs" like ecstasy and heroin, as well as prescription medicines like oxycodone. The ability to detect and identify such banned substances is critical in law enforcement authorities' efforts to combat drug usage and drug-related violence.

 

Forensic Toxicology

In forensic toxicology, biological samples are analysed for the presence of poisons and medicines. This discipline of forensic science is critical in cases of car accidents, poisoning, and sexual violence, among other things. Toxicology reports provide crucial information on the nature of drugs present in a person who has been involved in an incident. It also assesses whether the amount of chemicals in a therapeutic dosage is normal or exceeds the legal limit. Because fresh drug varieties are discovered every day, this sector of forensic science is always changing and necessitates a current methodology.

 

Forensic Anthropology

This involves examining deteriorated human remains or bones in order to establish age, height, gender, and ancestry. It also aids in determining the time since death by detecting and evaluating any injuries. Investigators can use these analyses to help identify victims, especially in circumstances where the remains are beyond recognition.

 

Forensic Pathology and Medicolegal Death Investigations

Forensic pathology is a field of pathology that examines a body to identify the cause of death. As a result, forensic medicine entails the collection and examination of medical samples in order to deduce facts that can be used in court. Identification of wound patterns, for example, can aid in determining the weapon used to inflict the wound. In deaths involving the use of weapons or other projectiles, forensic pathologists can evaluate exit and entry wounds. As a result, a forensic pathologist can make important assumptions about whether the death was natural, criminal, or accidental.

 

Impression and Pattern Evidence

When two items collide with enough force to create a "impression," the evidence is called impression evidence. This could be a two-dimensional impression like a fingerprint or a three-dimensional impression like bullet marks. Additional information within an impression is identified and analysed during pattern evidence analysis. When utilised together, impression and pattern evidence can assist establish crucial ties between a suspect/tool and a crime scene.

 

Trace Evidence

Trace evidence includes fibres, soil, hair, gunshot residue, wood, and pollen, to name a few examples. It gets its name from the fact that it may readily be transferred between things, people, and the environment during a crime. Trace evidence is frequently used to demonstrate a direct link between a suspect and the victim. For example, a soil sample taken from a victim's shoes can provide crucial information about the crime scene and thus aid in locating the offender.

 

Cyber Forensics

The study of evidence found in computers and digital storage media such as pen drives and hard discs is known as cyber forensics. Its primary goal is to detect, preserve, recover, analyse, and convey facts and opinions concerning digital material. Although it is most commonly utilised in cybercrime investigations, it is also regularly used in civil cases. Since the mid-90s, cyber forensics has been employed in criminal cases, with prominent examples being the Sharon Lopatka homicide case and the convictions of Dennis Rader, Micheal Jackson's personal physician, and Joseph E. Duncan III.

 

Ballistics

Ballistics is a forensic discipline that studies the motion, behaviour, dynamics, angular movement, and consequences of projectiles like bullets, rockets, missiles, and bombs, among others. Ballistics are mostly used in criminal investigations in forensics. For example, examining a bullet found at a crime scene can tell what kind of gun was used to fire it and whether it was linked to any previous crimes. Ballistic information is stored in a vast database that law enforcement authorities around the world can access.

 

 

The Role of Forensic Science in Criminal Cases

The puzzle of a criminal investigation would be completed without forensic science. Criminals can never be convicted without the use of forensic science unless an eyewitness is present. While detectives and law enforcement organisations are responsible for gathering evidence, whether physical or digital, forensic science is responsible for analysing such evidence in order to establish facts that are admissible in court. Murderers, robbers, drug traffickers, and rapists would be free to roam in a world without forensic science.

 

A forensic scientist's role in a criminal investigation is critical since it requires the thorough study of evidence while ensuring that it is not tampered with. The investigation of a criminal act involves a varied group of forensic experts and forensic technologies. Forensic pathologists, for example, are experts at performing autopsies to determine the cause of death. Through the investigation of body fluids and tissues, an autopsy can help determine the cause and manner of death. To identify suspects, forensic scientists examine physical evidence (fingerprints, blood, hair, etc.) obtained from the crime scene. In addition, forensic experts utilize picture manipulation technologies to track down offenders who have been evading the authorities for a long period. This programme allows people to digitally age a photograph in order to see how the person would age.

 

Criminal Profiling – Getting inside a criminal’s mind

We’ve all seen it on prominent television shows like Criminal Minds, Law & Order, Profiler, and the film Silence of the Lambs. The FBI is thought to have been the first to employ and adopt criminal profiling, which dates back to 90s.

 

By determining a criminal's behaviours and characteristics, forensic scientists can narrow down potential suspects. It is based on a psychological assessment of the items confiscated from a criminal. This aids in the development of a comprehensive social and psychological profile of the offender. Although its accuracy, effectiveness, and scientific validity are sometimes questioned, its importance in criminal investigations cannot be overlooked. In-depth analysis of the crime scene, analysis of the incident and comparisons with similar events in the past, evaluation of the victim's background and activities, consideration of all possible motives, and preparation of a detailed description of the suspects in order to compare it with previous cases are the basic steps of criminal profiling.

 

The Importance of Forensic Science in the Legal System

The word "forensic" comes from the Latin word "forenses," which literally means "forum." A forum was a public gathering place in early Rome where judicial hearings and debates were held. Thus, forensic science's basic definition and origin attest to its strong relationship with the judicial system. The collecting, preservation, and analysis of evidence adequate for prosecuting an offender in a court of law are all part of forensic science. As a result, the use of forensic science in the criminal justice system is a clear image.

 

The importance of forensic evidence in criminal trials is well acknowledged in the legal system. This is because there is little room for partiality or injustice when scientific approaches and methods are employed. As a result, DNA profiling and other forensic evidence are generally recognised in courts around the world. Interestingly, finger and palm print identification was the first forensic technique ever employed by the Chinese.

Throughout the world, forensic evidence is utilised to convict and exonerate individuals. As a result, forensic science facilities have sprung up all over the world in recent decades. In reality, special laws have been implemented in the United States, Canada, and Australia to improve forensic service delivery. This would ensure that crimes are caught with higher confidence, increasing the likelihood of conviction. Such acts place a premium on efficient and high-quality crime scene management.

 

(Dr Deepak Sharma is BDS & currently MSc Forensic Scholar & Shubham Sharma is a B.A.LL.B. Graduate. Both can be approached on their emails drpriti.86@gmail.com & shubhamsharma416@gmail.com respectively)

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