The Impact Of Forensic Science: From Crime Scene To A Courtroom

Mickhita Bansal

Baba Farid Law College, Faridkot

It has been written by Mickhita Bansal, a law graduate from Baba Farid Law College, Faridkot

INTRODUCTION

Forensic science is something which can exist without law but will lose its essence. It is the collection and analysis of evidence which is the fundamental key to the administration of justice. The terms ‘forensic science’ and ‘law’ are so interdependent on each other, just like a flower depends on the sun for growth and nourishment. Forensic experts play an indispensable role at each stage of criminal investigation, from the collection of evidence from the crime scene to the analysis of collected evidence in forensic laboratories and finally to its presentation in courtrooms.

This article establishes detailed criteria on the role of forensic science in criminal investigations and trials, exploring how evidence is collected, preserved, analyzed, and presented in court. This chapter also examines the amendments made in the new laws enacted by our Parliament and landmark judgments, highlighting how forensic science is crucial in the administration of justice.

CRIME SCENE INVESTIGATION AND LAB ANALYSIS

Forensic experts delve into the crime scene and use systematic tools like DNA, fingerprints, bloodstain patterns, firearms, ballistics, toxicology, microscopy and fire debris analysis and methods to collect evidence. They pack evidence in such a way that it is protected from the exposure of unwanted elements. After proper collection of evidence, the samples are transported to laboratories for analysis. Specialized techniques like DNA Profiling, Fingerprinting, anthropology, toxicology, digital forensics, and ballistics examination, are performed on the various kinds of evidence. The last step is to prepare a detailed report of the findings, the evidence collected, the methods used, and the corroboration of each evidence to each other.

LAW ENFORCEMENT

Forensic Scientists communicate their reports and explain their analysis to law enforcement officers. They become a guiding factor as they give the officers insights on who is the potential suspect, make them understand the sequence of events at the crime scene, and conduct analysis to corroborate witness statements. The officers use forensic evidence to shape their investigative strategies and frame the case against suspects. A forensic scientist serves as an expert witness in criminal trials, explaining their findings to the court. These findings have a significant impact on the case because there are various inclusions and expulsions of suspects from the case due to the forensic experts. A considerable number of cases are solved with the help of forensic experts.

EVIDENTIAL VALUE OF DIFFERENT EVIDENCE

To study the evidentiary value of diverse types of evidence in criminal trials, we breakdown some types of evidence found on the crime scene and cite their evidentiary value as follows:

  1. DNA Evidence

DNA is unique to each person, making it a powerful tool for the identification or exclusion of suspects, and the identification of victims. It can be obtained from blood, saliva, hair, skin cells, and other body components. It not only solves criminal cases but also civil disputes like establishing paternity. Hence, the evidentiary value is extremely high.

  1. Fingerprint Evidence

When we talk about fingerprints, they are unique to each person and perpetual in nature. Even one fingerprint on the same hand does not match the other fingerprint on the same hand. The finding of fingerprints on a crime scene helps forensic scientist in developing link between individuals and objects. The unique nature of fingerprints makes their evidentiary value quite high.

  1. Ballistics Evidence

The analysis of bullets, gun powder, and bullet holes links the presence of a firearm to the crime scene. The evidentiary value of ballistics is quite high.

  1. Digital Forensics

The analysis of digital evidence like computer, mobile phones, and laptops can provide locations, motives, and other activities. Because it is difficult to tamper with digital evidence, its evidentiary value is also high.

  1. Documentary Evidence

Evidence such as letters, diary entries, account books and communications are included in the documentary evidence. It may help in recognizing the handwriting and the relationship between the victim and the suspect, and in corroborating other evidence. The evidentiary value of primary documentary evidence is higher than that of secondary evidence.

EVIDENTIAL VALUE OF EXPERT OPINION

Experts are individuals who possess specialized knowledge, skills, and experience in specific fields. Sections 39 to 45 of The Bhartiya Sakshya Adhiniyam, 2023, explain the opinions of experts. Expert opinion is a weak type of evidence and the Courts do not consider expert opinion to be conclusive; therefore, they do not rely solely upon expert opinion without seeking reliable corroboration. In Hari Om @ Hero v. State of Uttar Pradesh (2021), six accused were charged with the offenses of dacoity and murder. Out of which three got acquitted, the Honorable Supreme Court dismissed the fingerprint evidence because the Apex Court observed that the method for collection of fingerprints was not specified in the report and the objects from which the fingerprints were taken, were not available for analysis. The court found the evidence was unreliable and acquitted the three accused. Taking the example of this case, we can say that the court does not base its decision solely on forensic reports; rather, it corroborates evidence with other evidence because the court considers the findings of forensic scientists to be based on expert opinion. The court is not bound to accept the opinion of experts.

AMENDMENTS IN NEW LAWS

  1. Presence of Forensic Experts on Crime Scenes

Earlier there was no law for a forensic expert to be present on the crime scene but by the introduction of section 176 of The Bhartiya Nagarik Suraksha Sanhita (BNSS) an amendment was made in the new law. It states that when there is a commission of an offence which is punishable for seven years or more, a forensic expert must visit the crime scene to collect evidence. The aim of introducing this amendment is to ensure that proper evidence is collected in serious cases.

  1. Evidence collection at the crime scene

Section 349 of the BNSS is an expanded form of section 311A of the CrPC, where earlier only signature and handwritten samples were included to be collected but by the introduction of section 349, fingerprints and voice samples have also been included. Additionally, by section 349, the Magistrate is given power to order any person to give a sample without being arrested.

Recent JUDGMENTS OF FORENSIC SCIENCE

  1. Akash Kumar alias Sunny v. State of Haryana (2019)

The issue involved in this case is "whether if an analysis report of the Forensic Science Laboratory is not attached to the police report filed in the Court under Section 173 CrPC, the accused shall be entitled to grant default bail under Section 167(2) of CrPC?" The court held that it was not appropriate to refuse default bail solely on the basis of the absence of a forensic report. Therefore, the petition was dismissed.

  1. Kathua rape and murder case (2018)

An 8-year-old girl was abducted, raped, and murdered in Rasana village. Her body was found and brought to forensic scientists for post-mortem report. The case was solved with the help of forensic scientists, who found fourteen packets of evidence, including blood, hair strands, and vaginal swabs, which matched the DNA of the accused, thus leading to the conviction of the accused persons.

  1. Pradyuman Thakur Murder Case (2018)

Pradyuman Thakur was murdered in his own school, and even the school authorities falsified the evidence. The case was sent to the CBI, which involved a forensic team who independently reviewed the crime scene from the Haryana Police investigation. They identified a different knife as the murder weapon, stating that they had recovered it from the scene of the crime and that it had been hidden inside a washroom. This contradicted the Haryana Police’s statement that a knife recovered at the scene of the crime and identified as part of the school bus tool kit was the murder weapon. They examined the evidence and found that Ashok Kumar, a bus conductor arrested by the Haryana Police, was not involved in the murder. It also discovered that Pradyumna’s body had bloodstains that were not matched to his. Thus, forensic evidence and scientists became key elements in solving the big story.

PUBLIC PERSPECTIVE OF FORENSIC EVIDENCE

A significant perspective is held on forensic science in the minds of people due to high-profile cases and media portrayals. It may be positive or negative. Let us shed light on some perspectives;

  1. Media influence

  1. Crime shows and Movies: Popular shows like CID depict forensic science as an essential and indispensable part of criminal investigations.

  2. News Coverage: Media coverage of cases involving forensic evidence like that of Nirbhaya Gang Rape Case (2012), highlights the importance of achieving justice.

  1. CSI effect

    1. The CSI effect refers to a phenomenon where the public develops unrealistic expectations about the speedy disposal of cases and availability of forensic evidence at every crime scene due to its dramatized portrayal. This effect increases the pressure on law enforcement agencies to produce forensic evidence in every case, regardless of its necessity.

TECHNOLOGICAL ADVANCEMENTS AND FUTURE TRENDS

Forensic science is an ever-evolving topic that enhances the accuracy and efficiency of criminal investigations. Let us discuss some key advancements:

  1. Advanced DNA sequencing

    1. Next Generation Sequencing: This technique provides faster analysis of DNA samples and can even distinguish between closely related individuals.

    2. Rapid DNA Technology: This technology accelerates the identification process even at the on-site.

  2. Digital Forensics

    1. Artificial intelligence algorithms: This algorithm can quickly analyze large volumes of digital data. It helps in solving the cybercrimes which are increasing day-by-day.

    2. Advanced Data Recovery Tools: These tools are helpful for recovering hidden data during digital investigations and providing crucial evidence in cybercrimes.

  3. Automated Fingerprint Identification Systems (AFIS)

Enhanced Matching Algorithm: Advanced algorithms are used to increase the efficiency and accuracy of fingerprint matching. Moreover, it reduces the chance of obtaining incorrect results.

CONCLUSION

The impact of forensic science is pivotal to the modern criminal justice system, serving as a bridge between crime scenes and courtrooms. The combination of forensic science and law ensures that justice is served accurately and efficiently. The field of forensic science is rapidly growing, which will, in turn, increase its contribution to the criminal justice system. The pursuit of truth and fairness in the administration of justice shall be reinforced.



REFERENCES:

1. Verma A, ‘Expert Evidence: Types, Constitutionality and Evidentiary Value- A Chronological Study’ (iPleaders, 6 July 2020) <https://blog.ipleaders.in/expert-evidence-types-constitutionality-evidentiary-value-chronological-study/> accessed 2 August 2024

2. https://indiankanoon.org/doc/1413122/

3. ‘HARI OM & OTHERS vs STATE OF U.P. THRU. SECY. HOME. DEP’ <https://www.courtkutchehry.com/Judgement/Search/t/13106305-hari-om--others-appellant> accessed 2 August 2024

4. Magon AD, ‘Section 176 BNSS|Section 176 of Bharatiya Nagarik Suraksha Sanhita|Bare Act| Occurrence Report’ (JudiX, 15 September 2023) <https://www.myjudix.com/post/section-176-bnss-section-176-of-bharatiya-nagarik-suraksha-sanhita-bare-act-procedure-investigation> accessed 2 August 2024

5. Magon AD, ‘Section 176 BNSS|Section 176 of Bharatiya Nagarik Suraksha Sanhita|Bare Act| Occurrence Report’ (JudiX, 15 September 2023) <https://www.myjudix.com/post/section-176-bnss-section-176-of-bharatiya-nagarik-suraksha-sanhita-bare-act-procedure-investigation> accessed 2 August 2024

6. https://indiankanoon.org/doc/4371980/

7. ‘Kathua Rape Case’, (Wikipedia 2024)) <https://en.wikipedia.org/w/index.php?title=Kathua_rape_case&oldid=1230690500> accessed 2 August 2024

8.‘Murder of Pradyuman Thakur, (Wikipedia 2024)) <https://en.wikipedia.org/w/index.php?title=Murder_of_Pradyuman_Thakur&oldid=1235697977> accessed 2 August 2024