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F Rensic Science - 1

The document discusses forensic science and its role in criminal investigations and law. It defines forensic science as using scientific principles and methods to analyze physical evidence from crime scenes. It outlines several sub-disciplines of forensic science including forensic accounting, ballistics, odontology, DNA profiling, and cyber forensics. The document also explains how forensic science helps solve crimes by identifying suspects, provides corroborating evidence in court, and assists in identifying remains. It discusses some Indian court cases that have addressed issues like whether forensic evidence violates constitutional rights or amounts to compelled testimony. The conclusion states that forensic evidence is crucial for the criminal justice system to provide fair justice.

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0% found this document useful (0 votes)
29 views17 pages

F Rensic Science - 1

The document discusses forensic science and its role in criminal investigations and law. It defines forensic science as using scientific principles and methods to analyze physical evidence from crime scenes. It outlines several sub-disciplines of forensic science including forensic accounting, ballistics, odontology, DNA profiling, and cyber forensics. The document also explains how forensic science helps solve crimes by identifying suspects, provides corroborating evidence in court, and assists in identifying remains. It discusses some Indian court cases that have addressed issues like whether forensic evidence violates constitutional rights or amounts to compelled testimony. The conclusion states that forensic evidence is crucial for the criminal justice system to provide fair justice.

Uploaded by

amrit somaiah
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F RENSIC SCIENCE

IN
INVESTIGATION

By Raja Gobindmal Valechha


ACA.,LLB.,M.COM.,PGDFM.,PGDIPR

Raja Gobindmal Valechha,


ACA.,LLB.,M.COM.,PGDFM.,PGDIPR
Raja Gobindmal Valechha,
ACA.,LLB.,M.COM.,PGDFM.,PGDIPR
FORENSIC SCIENCE-AN INTRODUCTION
• Everything can be sacrificed for truth; but truth cannot be sacrificed for any
thing. “Swami Vivekanand”

• Forensic Science is associated to unearth the truth , may it be murder, rape etc
or may it be white collor crime.

• Black’s Law Dictionary defines forensic as “belonging to court of Justice”.

• Forensic Science can be broadly defined as:

“the scientific discipline which helps the criminal justice system by


analyzing the crime articles in identification, individualization and
evaluation of the physical clue materials using the principles and
methods of all material science”

Raja Gobindmal Valechha,


ACA.,LLB.,M.COM.,PGDFM.,PGDIPR
Types /Sub-division of Forensic Science

Raja Gobindmal Valechha,


ACA.,LLB.,M.COM.,PGDFM.,PGDIPR
Types /Sub-division of Forensic Science
Forensic Accounting:-
Study and interpretation of accounting evidence including cyber frauds

Computational Forensic:
Development of Algorithms and software to assist forensic examination

Forensic Ballistic:
Study of identification and analysis of firearms

Dactyloscopy
Study of Finger prints

Odontology:
Study and application of Dental Science

Raja Gobindmal Valechha,


ACA.,LLB.,M.COM.,PGDFM.,PGDIPR
Types /Sub-division of Forensic Science

DNA Profiling
forensic technique in criminal investigations, comparing criminal suspects' profiles to DNA evidence

Physical Anthropology
To recognize person who has died in plane crash, blast , fire etc.,

Forensic polygraph
polygraph, popularly referred to as a lie detector test, is a device or procedure that measures and records several
physiological indicators such as blood pressure, pulse, respiration, and skin conductivity while a person is asked and
answers a series of questions

Cyber forensic, , cyber crime, cyber security:


Evidence recovery, Email Traking , IP Tracking etc.,

Raja Gobindmal Valechha,


ACA.,LLB.,M.COM.,PGDFM.,PGDIPR
Raja Gobindmal Valechha,
ACA.,LLB.,M.COM.,PGDFM.,PGDIPR
Role of forensic Science in
Criminal Investigation
• Forensic science is that piece without which the puzzle of a
criminal investigation is incomplete.

• Without the application of forensic science, criminals can


never be convicted unless an eyewitness is present.

• In a world devoid of forensic science, murderers, thieves,


drug traffickers and rapists would be roaming scot-free.

• A diverse pool of forensic scientists and forensic tools go


into the investigation of a criminal act.

Raja Gobindmal Valechha,


ACA.,LLB.,M.COM.,PGDFM.,PGDIPR
Role of forensic Science in LAW

Raja Gobindmal Valechha,


ACA.,LLB.,M.COM.,PGDFM.,PGDIPR
Role of forensic Science in LAW

• Corroborated Evidence and guilt of accused:


Bijari Hajam v. King Emperor,
AIR 1922 Pat.73:23 Cr. L.J 638
In this case question arose whether it will be safe to act on the uncorroborated
testimony of the fingerprints and declare the guilt of the acussed. On this point
Bucknill, J.. Observed thus:
“I think that apart from the fact that I should be rather sorry without any
corroborative circumstances to convict a person of a serious crime soley and
entirely upon similarity of thumb marks or fingerprints, the very fact of the
taking of a thumb impression from the accused person for the purpose of
possible manufacture of the evidence by which he could be incriminated in
itself sufficient to warrant one in setting aside the conviction upon the
understanding and upon the assumption that such was not really fair trial”.

Raja Gobindmal Valechha,


ACA.,LLB.,M.COM.,PGDFM.,PGDIPR
Role of forensic Science in LAW

• Does application of forensic Science is violate Article 20(3)


and Article 11 of Constitution of India?

The State of Bombay v. Kathi Kalu Oghad & Others,


1961 AIR 1808 1962 SCR (3) 10

the court held that giving thumb impression, specimen signature, blood, hair,
semen etc. by the accused do not amount to ‘being a witness’ within the
meaning of the said Article. The accused, therefore, has no right to object to
DNA examination for the purposes of investigation and trial.

Raja Gobindmal Valechha,


ACA.,LLB.,M.COM.,PGDFM.,PGDIPR
Role of forensic Science in LAW

• Does norco analysis tantamount to testimony by


compusion?
Dinesh Dalmia v State
2006 CriLJ 2401

the Madras High Court held that subjecting an accused to narco-analysis does
not tantamount to testimony by compulsion.

Raja Gobindmal Valechha,


ACA.,LLB.,M.COM.,PGDFM.,PGDIPR
Role of forensic Science in LAW
• DNA profile and Judicial Pronouncement
Vishal Yadav v. State of Uttar Pradesh
(2014) SCC Online Del. 1373.

In Nitish Katara murder case, the detection of the deceased victim was
difficult due to availability of only a small portion of one un-burnt palm
with fingers. Here also, DNA profile helped in identifying the body
remains by matching DNA profile with parents of the deceased which
helped the High Court of Delhi to uphold the conviction of the accused.

Raja Gobindmal Valechha,


ACA.,LLB.,M.COM.,PGDFM.,PGDIPR
Raja Gobindmal Valechha,
ACA.,LLB.,M.COM.,PGDFM.,PGDIPR
Conclusion / closing remarks
• Technology innovation gives birth to new arena of crime, to
counter that judiciary cannot sit folded hands waiting for
physical evidence, end result of this will mockery of law thereof.

• The courts are also reluctant to rely on scientific evidence due to


their restrictive approach, or certain inherent defects in the
evidence as produced in courts which deter them from relying
on it entirely.

• The main motto of criminal justice system is to provide fair


justice.

• Forensic evidence comes for its rescue which is more authentic


than ocular evidence. Forensic science being scientific evidence
is a boon for criminal justice system.
Raja Gobindmal Valechha,
ACA.,LLB.,M.COM.,PGDFM.,PGDIPR
Raja Gobindmal Valechha,
ACA.,LLB.,M.COM.,PGDFM.,PGDIPR
Raja Gobindmal Valechha,
ACA.,LLB.,M.COM.,PGDFM.,PGDIPR

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