Forensic analysis criminal investigation 

 
Introduction
Justice does not come with a single click or a blink to anybody. It takes
incredible several moves. Many people are misguided because of the idea of
Hollywood movies or many web series, which shows that the cases are resolved
within 1 hour, including advertisements. Reality isn’t the same. Lots of time,
patience, energy, and many steps are involved in serving justice to an
individual. Starting from the commission of the crime to police investigation, to
court proceedings, and finally to judgments and convictions. In a progressive
and democratic society, legitimacy has always been considered as a hallmark in
the justice system. In bringing about justice, judges play a crucial role and have
been viewed as the backbone of the justice system. With the advancement of
time, there has been considerable development in the process of the judiciary
system. Due to this, there has been remarkable penetration of technology and
techniques in the process of solving crime. In this, forensic science proves to be
the helping hand.

Forensic science is where science meets the law. It has a great significance in
the criminal as well as civil matters. Forensic evidence is the physical evidence
found at the crime scene. For the impetus of fair judgment, the shreds of
evidence found on the place of crime play a paramount role. They are
considered as the secondary evidence, the documents being the primary
evidence. The primary evidence amalgamated with secondary evidence are
presented in the court of law, which helps the court to understand the facts and
deliver the judgment.

After the commission of the crime, the investigating officer tries to collect the
maximum evidence found at the site of the crime. Their role is to investigate
minutely because a minuscule proof can revert the case. Forensic science has a
remarkable contribution in solving criminal investigation and other heinous
violence.

To understand the concept well, let’s take the example of the collision of
buildings. In this case, the forensic civil engineering experts will investigate for
building collapse, and the same will be submitted in the court. The court will
establish a link between the pieces of evidence and reach upon a conclusion.

Forensic science involves the method and technology from various branches of
science like medicines, biology, pharmacy, chemistry, etc. For example, the
blood found at the site, blueprinting of the blood is with the application of
physics. Biology helps in recognizing the dead body, whereas chemistry can
help in determining the reason for the death or combination of drugs in the
body.

The concept of forensic science is not new to the judiciary system. Argentina
was the first country to incorporate forensic evidence for a criminal investigation
in 1902. Sir William Herschel presented the fingerprint evidence for the
identification of the suspect. Even the Indian judiciary relies on evidence like a
fingerprint, DNA analysis, post-mortem since ages. Lately, there has also been
a jump in the use of advanced forensic methods like narco-analysis, lie
detector, and more. The forensic analysis has made uplift the fundamentals of
criminology that there is no perfect crime. It helps in equitability, i.e., to convict
the guilty and pardon the innocent. 

            Click Above

Legal provision supporting forensic analysis

criminal investigation  
Forensic science with the help of evidence found at the scene, with the help of
scientific technology, provides the investigating officer a magnificent piece of
information. They succor the court to find an answer to certain questions like
how was the crime committed? What is the nature of the crime? Who all are
possible suspects? And by answering all the questions they try to recreate the
crime and try to find the reason for the commission of the crime, further
reaching out to the criminal.

Though forensic science has made a remarkable contribution to the criminal

justice system, the limitation of law cannot be ignored. Few questions have
revolved around the mind of many legal professionals like are the forensic
evidence admissible in the court of law? How far are these techniques
legitimate?

There have been many debates since ages that forensic evidence presented in
the court of law defeats the basic provision of law. According to art. 20(3) of the
Indian constitution, any person who is accused of the criminal offense, he/she
cannot be compelled to be a witness against himself. This article was for the
protection of the accused from the mental harassment they undergo during the
police investigation. It was found that police just to close the case, they would
brutally beat the accused and force them to be a witness against themselves.
According to this right, no one is under compulsion to answer any question or
produce any document which can act against them in the court of law.
Many people felt that taking fingerprints and DNA analysis for verification
defeats the provision of art. 20(3). They argued that forcing the accused to give
fingerprints is like the accused giving evidence against themselves. But the
Supreme Court in the case of the State of Bombay v. Kathi Kalu Oghad and
Anr. held that compelling any person to give any sort of forensic evidence like
fingerprints, blood, hair semen, does not violate the provision of art. 20(3). The
same is even mentioned in Sec. 73 of the Indian Evidence Act, which directs
that any person can be asked to give the fingerprint or DNA examination even
to the accused.

Another debate was on Narco-analysis and its validity. Narco-analysis is the

new development in the field of criminal investigation. But the question arises is
the evidence by narco-analysis admissible in the court of law. In this method,
the investigating officer tries to acquire some sort of statements from a semi-
conscious person which can be used as the evidence.  This process possesses
several questions about law and ethics. Some felt that it is violating the
provision of art. 20 of the Indian Constitution against self-incrimination.    

Earlier in the case of Ramchandra Reddy and Ors. v. The state of Maharashtra,
the hon’ble court upheld the constitutional validity of the use of narco-analysis
and lie detector but lately in 2006, in the case of Selvi and Ors. v. State of
Karnataka and Anr. held that the person giving statements in brain mapping or
narco-analysis test is the semi-conscious state and therefore they cannot be
considered conclusive and thus it cannot be made a part of the compulsory
investigation process.

Section 53 of the Criminal Procedure Code, 1976, states that a person accused
of any crime can be asked to undergo a medical examination if the officers feel
that the examination can provide some evidence to the crime. In 2005, certain
amendments were made in Criminal Procedure to include the examination
pertaining to blood-stain, DNA profiling, semen test, swabs, etc., but it was
constrictive only to the rape cases. Further Sec. 164A of Criminal Procedure,
also authorizes the medical examiner to examine the victim of the rape case
within twenty-four-hour. But the question lies whether all the practitioner is
proficient for the collection of DNA samples. It is a well-known fact that the
sample collected must not be contaminated as it would be of no further use.

The Justice system has an immense belief in forensic science and has relied on
them since ages for delivering judgment. Forensic reports are considered as the
bible for many judges and have been regarded as belief tendered by experts.
But courts are not bound by the reports and can reckon on other evidence. 
Restrictive application for forensic evidence in
Indian judiciary system
Though the use of forensic evidence has been on a spike in the judiciary system
one can see restrictive use in the Indian judiciary. To date also, the court has
relied majorly on non-forensic, non-scientific evidence for a judgment.
According to the recent survey conducted by the Supreme court of India and
the High court of Delhi showed that only 60-65 cases are solved with the
involvement of forensic evidence. DNA evidence has been used only in about
5% of murder cases and 3% rape cases. These figures are enough to show the
lack of scientific evidence in a criminal investigation in the Indian scenario.
There has been a cosmic endeavor for incorporating forensic science in the
process of criminal investigation and judicial process. The rate of conviction has
been persistently decreasing lately because of a lack of evidence. In this milieu,
forensic evidence, having a clinching nature can to some extent reverse the
situation.

The Court’s unwillingness to use forensic evidence for criminal investigation has
multiple reasons. From improper collection to preservation, sometimes even
non-collection. In many cases, the court found out that the evidence collected
from the sites was not properly preserved because of which the reports showed
the result which was impolitic. The DNA samples get contaminated and become
ineffectual. Perpetually there has been a delay in sending the evidence to the
lab. The delay in the inspection of biological and serological evidence causes the
decomposition of such evidence which tends to release a high amount of
alcohol. So, in cases like determining the drunkenness of the body, the negative
result can show positive which makes it difficult for the court to rely on the
result.

The motive of the forensic analysis was to determine the reason for the death
and maybe strenuous by examining the crime site. Therefore, it is imperative to
handle the evidence and organize the documents to make it valid in the court of
law. Forensic evidence has immense potential in various affairs, the only step
needed is it is incorporated in the investigation and analysis process efficiently. 

Obstruction faced by allied subsidiaries 

A technical domain like forensic evidence is still not much in use because of the
very reason that even the investigating officer is unskilled and ill-informed.
Investigations to date have been done with the old, non-scientific techniques.
The investigating officer is considered as the first respondent to the crime, the
lack of scientific knowledge serves as a serious threat to the fairness of the
justice system.

Another concern is the autonomy of the forensic labs. In India, the forensic
science laboratories are either under their home department or under the police
department. They are under some departments and cannot maintain
sovereignty. For an unbiased result, it is cardinal for the forensic laboratories to
be independent without any interference from any department.

Laboratories even lack basic infrastructure and forensic scientists. Lack of

equipment, funding, and coordination between police and forensic experts are
some of the significant challenges faced in this field. A report by the committee
on Draft National Policy highlights that guidance, professionalism, research, and
development, of forensic science, should be given weightage in the framework.

Also, in the Malimath committee report, it was suggested that the special
importance must be given to the advancement of the forensic labs with all the
necessary equipment. Also, some rules must be laid down to set the standards
for DNA profiling and handling the sample for analysis. Verma commission came
out for the issue of storage of DNA samples.   

Conclusion
It is an unconcealed fact that the role of forensic science and evidence has
extensive importance in the justice system. Thanks to the advancement in
science and technology, there has been rapid development in forensic science
as well. But after all this also there has been less dependence on the scientific
methodologies, especially in India.  In India, there has been prominence on the
incorporation of technologies in the field of investigation. Several commissions
reports suggested that if courts consider the scientific method in delivering the
judgments, it can bring fairness, which is the hallmark of democracy. But courts
have been reluctant to consolidate forensic science in their system, majorly
because of the experience of contaminating evidence and forged results. They
prefer using the old, non-scientific methods for their purpose. Frequently there
have been amendments in the laws to make ways for forensic science and
modern technology but this hadn’t helped much. Investigating officers are
unskilled in the subject and the number of forensic scientists and experts adds
fuel in the fire. This field of law and science is not is quite notorious and thus
has always faced the issue of lack of employers.

The law and the medical colleges must include forensic science as their subject
and encourage students to move forward in the field. The government must
take steps to spread awareness about the importance of forensic in the criminal
justice system. Police, investigating officers, detectives, scientists must be
trained in the progress of science and technology and the importance of such
evidence. Doubtlessly, forensic evidence is more legitimate than any other
auricular evidence. This field being a blessing to the criminal justice system, we
must work upon the loopholes. We must ensure that everybody involved in the
justice system uses the privilege of forensic science to the maximum of its
potential.  

Classification of DDTs
Introduction
The deception detection tests (DDT) such as polygraph, narco-analysis and
brain-mapping have imperative clinical, logical, moral and legitimate
suggestions. The DDTs are valuable to know the concealed data related to
wrongdoing. This data, which is known as it were to self, is in some cases
pivotal for criminal examination. 

The DDTs have been utilized broadly by examining organizations or forensic

experts. Besides this, DDTs are moreover utilized to pick up a lead within the
case, or in cases when the potential witness is incapable to gather data, it is
additionally utilized in some cases on the suspect, the utilization of DDTs on
suspects can have different impacts. In a point of interest judgment, the Apex
Court of India has clearly expressed that DDTs cannot be managed without
assent.

DDTs
Predominantly, there are three categories within the Deception Detection Test,
that are:

1. Narco-analysis test,
2. Polygraph test, and 
3. Brain mapping test.

Narco-analysis test
The term narco-analysis was coined by Horseley. Narco-analysis is inferred from
the Greek word narkç (meaning “anaesthesia” or “torpor”) and is utilized to
portray a demonstrative and psychotherapeutic procedure that uses
psychotropic drugs, especially barbiturates, to initiate a daze in which mental
components with strongly related influences come to the surface, where they
can be misused by the specialist. 

Narco examination includes the infusion of a sedate, sodium pentothal, which

actuates a trancelike or calmed state in which the subject’s creative ability is
neutralized, and they are anticipated to unveil genuine data. 

The medicate (sodium pentothal) alluded to as a “truth serum”, is utilized in

bigger dosages as anaesthesia amid surgery, and is said to have
been utilized during World War II for insights operations. Basically, within the
sleep-inducing arrangement, the subject gets to be less hindered and is more
likely to uncover data, which would usually not be uncovered within the
cognizant state. The experts while examining the suspect may uncover all
his/her fantasies, individual wishes, impulses, instinctual drive, figments,
daydreams, clashes, misinterpretations, etc.

The loophole of this method is that some people can bloodstream hold their
capacity to misdirect indeed within the trancelike state, whereas others can end
up amazingly suggestible to addressing.

Narco-analysis “without consent” raises certain issues such as:

1. A physical ambush on the body by giving infusions additional

excruciating boosts such as slapping, squeezing, pushing, hitting,
shaking the body and so forth to wake an individual from a hypnotic
state to reply to the questions.
2. Mental attack through the effect of the infusion of narco drugs.
3. Off-base dosage can send the subject into a coma or indeed result in
passing off or death.
4. Further, this method is highly criticized by therapeutic society and
consider it as not adequate in the treatment of psychiatric issues.
During the Telgi scam, the use of narcoanalysis came under the scanner, and
then it was used in the Aarushi murder investigation.

Polygraph test
Typically, also called a lie detector test, but this term could be a misnomer. The
hypothesis behind polygraph tests is that a blameworthy subject is more likely
to be concerned with lying around the pertinent truths than the wrongdoing,
which in turn produces a hyper-arousal state which is picked up by an individual
trained in perusing polygraph results. The polygraph test is conducted in three
phases- a pretest interview, chart recording and diagnosis.

It may be a strategy that measures and records a few physiological pointers

such as blood weight, beat, breath, and skin conductivity whereas an individual
is inquired and required to answer an arrangement of questions;

1. This test is based on the suspicion that physiological reactions are

activated when an individual is lying.
2. Numerical esteem is relegated to each reaction to conclude whether
the individual is telling the truth, is beguiling, or is uncertain. 
A test comparable to a polygraph was first executed in the 19th century by an
Italian criminologist Cesare Lombroso, who utilized a machine to determine
changes within the blood pressure of criminal suspects amid cross-examination.
Comparable gadgets along these lines were made by the American
clinician William Marston in 1914, and by the California police officer John
Larson in 1921.

In the polygraph technique, instruments like cardio-cuffs or delicate cathodes

are connected to an individual, and factors such as blood weight, beat, breath,
alteration in sweat gland movement, bloodstream, etc., are measured as
questions are put to them.

The polygraph test was among the primary logical tests to be utilized by the
investigators. It was Keeler who further refined the polygraph machine by
including a psycho-galvanometer to record the electrical resistance of the skin.

Reliability of Polygraph
1. The primary issue connected to the polygraph test is that it cannot
differentiate between the changes that have taken place in the body
whether it is by way of a lie or something else.
2. Other factors just like the environment where the test is conducted are
how the questions of the exploring officers were and what tone he has
used, moreover play a noteworthy part in influencing the reading test.
Polygraphed test results can be beaten by people with the capacity to smother
the excitement reaction, such capacity is picked up by those who perform
unwinding works out like yoga or meditation.
Brain-mapping test
It measures the changes in the electrical field potentials produced by the sum of
the neuronal activity in the brain by means of electrodes placed on the surface
of the skin covering the head and face. This means it is based on the finding
that the brain produces an interesting brain-wave design when an individual
experiences a commonplace stimulus. 

A commonly utilized strategy in India is called the Brain Electrical Activation

Profile test, moreover known as the ‘P300 Waves test’.

In brain-mapping, sensors are connected to the suspect’s head and a person is

made to sit before a computer screen. The suspect is at that point made to see
pictures or listen to sounds. The sensors screen electrical movement within the
brain and enlist certain waves which are produced as if on the off-chance that
the suspect has any association with the same.

Reliability of brain mapping

1. In case a person was presented at the crime scene or has ambiguously
taken note of the same, sometimes the said person may be brought
under suspicion using this technique.
2. Such a method might not be utilized as a strategy to indict somebody
but can be utilized as a strategy to demonstrate one’s guilt.

Constitutional validity
In India, the use of deception detecting tests (DDTs) has been questioned in
courts. The main argument against it is the infringement of the fundamental
right under Article 20(3) and Article 21 of the Indian Constitution, which
provides for a privilege against self-incrimination and the right to health and
privacy, respectively.

In a landmark judgment of Selvi & Ors vs State of Karnataka & Anr (2010), a
Supreme Court bench comprising the then Chief Justice of India K G
Balakrishnan and Judges R V Raveendran and J M Panchal ruled that no lie
detector tests ought to be managed “except on the premise of assent of the
accused”. Those who volunteer must have to get to an attorney and have the
physical, passionate, and legitimate suggestions of the test clarified to them by
the police and the legal counsellor.
Earlier in the case of Dinesh Dalmia v. State by Spe, CBI 2006, the Madras High
court ruled that in case the accused fails to participate within the examination,
at that point scientific methods can be utilized to discover the truth
encompassing the wrongdoing. In the instant case, the Hon’ble Madras High
Court resorted to an implied perspective of legitimizing the DDTs.

A comparable position was taken by the Court in Sh. Shailendra Sharma Vs

State & Another 2008 and it was held that such scientific methods help with the
examination and can be of great utility. Concerning constitutional legitimacy,
the court is of the conclusion that by utilization of these scientific methods, no
constitutional infirmity emerges. Such methods help within the examination,
and in case any incriminatory explanation comes to the surface amid the
examination, indeed at that point, the indictment cannot depend on that
articulation and the same cannot be delivered as proof.

Violation of the individual rights of self-being

In case an individual is not willing to assent, it is being accepted or presumed
by the people that he is not participating in the examination and might have
committed or is guilty of the offence. But DDT has certain results which are
unscrupulous as well as unlawful that are or may be violative of the individual
rights of Self being or not to be questioned if he refuses the DDT of a person.

Violation of the right to be silent

Till the time a test is conducted voluntarily upon the suspect, there shall be no
violation of the right to remain silent, but in case anyone is pressurised or
forced to go through the deception detection test shall amount to a violation of
the right to be silent and shall lead to an infringement of Article 20(3) of the
Indian Constitution.

Self-incrimination
It is a well-settled common law tenet that each denounced individual is
assumed innocent unless demonstrated guilty and it is for the prosecution to
demonstrate or prove the blame of the accused and in the process, the accused
cannot be compelled to make a self-incriminating explanation.

In Nandini Sathpathy vs P.L. Dani (1978), the Supreme Court held that no one
can forcibly extract statements from the accused, who has the right to remain
silent during interrogation or investigation.
In the Selvi vs State of Karnataka & Anr. (2010), the Supreme Court ruled that
no lie detector test ought to be managed without the assent of the accused.
Moreover, the court further observed the following things: 

1. Further, those who volunteer must go to the attorney and have the
physical, emotional, and lawful suggestions of the test clarified to them
by police and the lawyer.
2. The results of the tests cannot be considered to be “confessions”, but
any data or material subsequently found with the assistance of such a
voluntarily-taken test can be conceded as a piece of evidence.
3. The Supreme Court cited Article 20 (3) of the Indian Constitution or
right against self-incrimination and held that no person can be
compelled to be a witness in his case.
In the D.K. Basu vs. State of West Bengal (1997), the Supreme Court ruled that
an involuntary administration of the polygraph and narcosis test shall amount to
brutal, inhuman, and degrading treatment within the setting of Article 21 or the
right to Life and Liberty.

Violation of the right to health

DDTs have great repercussions on the body of the person being tested. A
person is hypnotised to ask questions and that is accompanied by slapping,
squeezing, pushing, hitting, shaking the body that has mental as well as
physical repercussions. Further, higher dosages are administered during the test
that have the capability of causing the person to move into a coma. These
issues raise a concern over the right to health which is held as pivotal by few
Conventions and judicial decisions.

Article 25 of the Universal Declaration of Human Rights, 1948 states “that

everyone has the right to a standard of living adequate for the health, and
wellbeing of himself and his family”.

The Supreme Court of India in Urjit Singh v. The State of Punjab

(1996) concluded that law is in this manner well settled and that the right to
wellbeing is a necessary portion of life ensured under Article 21 of the Indian
Constitution.

Violation of the right to privacy

In Selvi and Ors Vs State of Karnataka (2010), the Supreme Court held that the
utilization of narco examination, brain-mapping and polygraph tests on accused,
suspects and witnesses without their assent, is unlawful and an infringement of
the right to privacy.

Conclusion
These strategies cannot be utilized as strong proof or confessions due to their
constrained unwavering quality and inefficient logical proofs. In any case, they
can be utilized as valuable instruments to unravel complicated cases as
investigative instruments. The government shall empower the use of scientific
methods but shall come up with strict rules for their utilization in a
conventional, and consensual way.

With the up-gradation, innovative changes are inescapable. Science and reason
are bound to thrive, but will it develop towards advancement or devastation are
still one of the major issues. With these scientific advancements, the impact on
other areas is apparent, and in a field like law that touches nearly every circle of
a citizen, it cannot stay protected.

“The issue is whether we require to think past the Constitution for genuine
equity or the Constitution alone is the equity in genuine senses.”
Narco analysis Introduction
Narco analysis is a term having a Greek origin called narkc, meaning anesthesia
or torpor. It is essentially used as a diagnostic and psychotherapeutic technique
with the aid of psychotropic drugs where the subject enters into a hypnotic
state with all the mental elements neutralized so as to speak only that
information which the subject believes to be true. In recent times, it has
become one of the most talked-about topics due to the question of the legality
of using such degrading techniques to make a man confess his crime.

In the wake of advancing scientific techniques, now we have Deception

Detection Tests (DDT) at our disposal for carrying out a criminal investigation.
Narco analysis being one of them is used as a means of obtaining information
that might later be used as evidence in a court of law. As for India, it still
continues to use this technique despite the lack of Indian jurisprudence on
utilizing such techniques. Though its usage has been upheld in order to examine
critical and complicated issues, it has often continued to receive criticism as
infringing the tenets of the Constitution.

Testing procedure
In order to initiate the process, the consent of the subject is mandatorily taken
implying that they understand the procedure. The procedure is carried out in
government hospitals pursuant to the court’s order. The drugs used generally
belong to the class of barbiturates which depress the central nervous system
and help in reducing the subject’s inhibitions and make them freer to let go of
the information. They slow down brain activity as they imitate one of the
chemicals that human brains already produce. Thus not allowing the brain to do
critical thinking and manipulations. However, it does not guarantee that it will
make it impossible to lie.

The process involves mixing 3 grams of Sodium Pentothal or Sodium

Amytal dissolved in 3000 ml. of distilled water. This is done by a team of
experts by injecting the solution under controlled circumstances to slowly
induce a state of trance. The dose varies according to the subject’s sex, age,
health, and physical condition. However, a wrong dose could result in death or
put the subject into a coma. The subject’s vitals, pulse rate, blood pressure and
the entire procedure is all documented and recorded. Finally, when the subject
enters a semi-conscious stage, the interrogation begins in presence of the
doctors. The revelation is then recorded in cassettes based on which a report is
prepared, later to be used as evidence.

Constitutional recognition
The International Convention and the Constitution of India provide the skeleton
framework rights such as ‘Right against self-incrimination and the ‘Right to fair
trial’. Article 7 of the International Covenant on Civil and Political Rights (ICCPR)
states no person shall be subjected to medical or scientific experimentation
without his free consent. In addition, Article 14(3)(g) secures the fundamental
guarantee of human rights not to be compelled to testify against himself or to
confess guilt. Similarly, a right to a fair trial is encapsulated under Article 6 of
the European Convention for the Protection of Human Rights and Fundamental
Freedoms. Special emphasis is placed on the definitions of ‘torture’ as well as
‘cruel, inhuman or degrading treatment or punishment’ as specified
under Articles 6 and 16 of the Convention Against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment, 1984.

Based on moral and ethical grounds, narco analysis does not have explicit legal
validity in India. However, in certain cases, limited admissibility is granted
based on circumstantial requirements. Consent is the main element for the
procedure and if done against the will of the subject violates Article 20(3) of the
Indian Constitution. Article 20(3) embodies the privilege against self-
incrimination – where an accused person cannot be forced to be a witness
against himself. The application of this process also encroaches upon an
individual’s human rights, privacy, and freedom. In Ram Jawaya Kupar’s case, it
has been held that executive power cannot intrude on either constitutional
rights and liberty, or for that matter any other rights of a person and it has also
been observed that in absence of any law an intrusion in fundamental rights
must be struck down as unconstitutional.

It also goes against the guaranteed Right to Silence as mentioned

under Cr.P.C where a person is not bound to answer questions that have a
tendency to expose them to a criminal charge, penalty, or forfeiture. This
provision is embodied under Section 161(2) of the legislation. This right has its
roots in the case in Nandini Sathpathy v. P.L Dani, wherein it was stated that
there can be no forcible extraction of statements from the accused who has the
right to remain silent during investigation. It is the duty of the prosecution to
prove guilt beyond reasonable doubt by collecting evidence. The practice of this
procedure not only amounts to mental harassment and torture but also
violates Article 21 of the Indian Constitution by infringing one’s privacy while
interrogating in a semi-conscious state.

Judicial perspective
Though the practice is not yet openly permitted, it is slowly finding its place in
mainstream areas of investigations, court hearings, and laboratories in India.
The first-ever narco-analysis was performed in the Forensic Science Laboratory,
Bangalore back in 2001 for offenses committed by Veerappan. In regard to that,
the National Human Rights Commission of India (‘NHRC’) instructed certain
guidelines for the test that it cannot be taken by the police suo moto without
the consent of the accused obtained before a Magistrate. The rest of
the guidelines are as follows:

 If the accused volunteers for the tests, he should be given access to a

lawyer. The physical, emotional, and legal implications of such a test to
him should be explained to him in clear terms by the police and the
lawyer.
 The consent of the accused should be recorded before a Judicial
Magistrate.
 The accused should be duly represented by a lawyer during the hearing
before the Magistrate.
 At the hearing, the person should also be clearly informed that the
statement made shall not be considered as a ‘confessional statement
to the Magistrate but will have the status of a statement made to the
police.
 The Magistrate shall consider all factors relating to the detention
including the length of detention and the nature of the interrogation.
 The process of the actual recording of the Lie Detector Test shall be
done in an independent agency (such as a hospital) and conducted in
the presence of a lawyer.
 A full medical and factual narration of the manner of information
received must be taken on record.
But the relevant factor of the test lies in instances where conventional crime
takes the form of public hue and cry, or to cover up for shortfalls in
investigative processes like in the cases of Abdul Karim Telgi in the stamp paper
scam where despite yielding information, its evidentiary value was questioned.
It was also used in the Nithari village case of serial killing wherein the accused
had undergone the process. It is pertinent to note that certain complex crimes
require stricter cooperation from the accused than from the usual routine
investigative practices and might as well be coercive in nature.
And so in several high-profile cases, for instance, the Nithari killers, the Mumbai
train blasts, Aarushi murder case, Malegaon blasts, and Mumbai blasts case,
suspects were drugged with the sodium pentathol while interrogation.
Furthermore, certain High Courts in Allahabad, Gujarat, and Madras have rather
taken a progressive approach for using such techniques for the discovery of the
truth.

High Court v. Supreme Court verdict

In earlier judgments, one given by the Madras High Court conveyed that
investigation has to be completed within a reasonable time, if not, the benefit of
the delay is given to the accused and such techniques may be applied if the
accused fails to cooperate in helping reach a conclusion.

Following similar lines in another judgment of Shailendra Sharma v. State &

Anr, the court had held that the narco-analysis test is a step in aid of
investigation. It helps in forming a significant ground for further investigation
and collection of evidence. Thus it becomes important to keep in view the
benefit of society at large and the need for proper investigation along with the
rights of the accused. Further, according to the court, there is no constitutional
infirmity regarding narco analysis, rather it is an aid for investigating procedure
and if any self-incriminatory statement is made it cannot be relied upon by the
prosecution. The court then directed the accused to undergo the narco-analysis
test in a stipulated period. Thus clearly supporting its use in the investigation.

In 2010, the Supreme Court judgment cleared the air. The issue was pertaining
to involuntary administration of DDT for aiding and improving investigation in
criminal cases, two issues arose with respect to Articles 20(3) and 21. Whereas
even though the High courts of Madras, Karnataka, Bombay, and Gujarat were
in favour of using the practice and upheld its constitutionality under Article
20(3), these verdicts were considered too mechanical and baseless, and without
application of mind. Thus, this was a landmark judgment that held this
technique unconstitutional and violative of the right to privacy. The apex court
of India has clearly stated that such techniques need consent to be
administered and those who volunteer to undergo the test must be assisted by
a lawyer. They must also be explained about the physical, emotional, and legal
consequences of the test by the police and a lawyer, besides other instructions
as mentioned under NHRC 2000 guidelines.

The Bench held that if these techniques were put to use mandatorily, they
would infringe Article 20(3). The Bench made it clear that even when the
subject had given consent to undergo any of these tests, the test results by
themselves could not be admitted as evidence because the subject is deprived
of exercising self-control over the responses during the administration of the
test. However, any information or material that is subsequently discovered with
the help of voluntary administered test results can be admitted, in accordance
with Section 27 of the Evidence Act.

The verdict was a serious setback for the Central Bureau of Investigation (CBI)

which had argued that all their tests are legally sanctioned and are critical in
cases where they can help provide evidence of crimes being committed. 

Current scenario
In September 2017, the Supreme Court had also ruled that no accused can
demand a narco test to prove their innocence. It was based on the reasoning
that investigation falls under the domain of police and it is not for the court to
decide the mode and method. No accused can demand to conduct such tests
otherwise there will be no end to the trial.

However, recently after a huge public outrage on the death of a Dalit woman
in Hathras, a district in Uttar Pradesh, the state government ordered the people
connected to the case to undergo the polygraph and narcoanalysis tests since
contradictory statements have been recorded from both the parties involved
along with the cops and the victim’s family members. However, in consideration
of the precedents, it is not viable for the CM to order such a test without the
permission of the relevant judge or the consent of the parties.

Global status
As for the United Kingdom, they do not accept narco tests as evidence. They do
not believe in its credibility and further, if it were to be used as evidence
determining guilt and innocence, there would be no use of a court. Besides,
there have been various resolutions adopted with regard to medical ethics and
the participation of physicians in cruel, inhumane, and degrading treatments.
That under principle 2 and 4, it would be gross contravention and offense under
international instruments for physicians to engage in such acts affecting
physical or mental health.

The World Medical Association also revised its Tokyo declaration on this subject
and follows a similar stance for non-involvement of physicians in such degrading
acts. British Medical Association published a report by a working group for this
task. It was entitled, “Medicine Betrayed” and later published a handbook to
serve as a guide for health professionals working with security and police
agencies. 
India
To its end, even Medical Commission of India has regulated a minor change to
its official code of medical ethics, the physician shall not assist in activities that
inflict mental or physical trauma or help in the concealment of such torture
inflicted by someone else, which will be in clear violation of human rights. This
code had been in force for more than two months when doctors administered
sodium pentothal for an interrogation. But despite extensive media coverage of
the doctor’s participation in pharmacological torture, the medical council has
neither sought an explanation nor held an inquiry to demonstrate some resolve
in implementing its own laws and ethical guidelines.

Conclusion
While not denying that using such techniques would be of great help in carrying
out a criminal investigation, the sanctity of the Courts cannot be taken for
granted. So far the courts have only taken on an incomplete view into
consideration. However, a middle ground can be formulated wherein the
process could be incorporated without transgressing into the boundaries of
fundamental rights principles.

Constitutional provisions on Narco-analysis

in India
Article 20(3) of the Indian Constitution provides that, “no person who is accused
of a crime can be compelled to be a witness against himself”.

One can seek protection under Article 20(3) only if the following requirements
are fulfilled –

 Only an accused can avail of the protection guaranteed.

 Only when the accused is compelled to be a witness against himself.
 Only available if a person is charged with an offense. 
The statements made by the testifier are not admissible in the Court; they can
only be used for further investigation purposes.  

When evidence procured comes into the inhibition of Article 20(3) of the
Constitution: 

 The person who made the statement must have been accused of
committing an offense at that time. 
 The statement had material applicability to the criminality of the
accused. 
 The accused was forced or compelled to make that statement.
 The force used on the accused should come under duress. 
‘Duress’ includes compulsion or force applied through some physical or objective
act and does not refer to the state of mind of a person while making the
statement. Therefore, it is contested that narco-analysis does not amount to
compulsion as it is a mere process of extracting information by the accused
through disinhibition. The results are ascertained from the video recorded
during the test which could help in disseminating more information on the case.
However, it is still a controversial topic as the accused makes the statement
himself unlike the other tests, and sometimes the statement made can be self-
incriminatory. It cannot be ascertained before the Court whether the test will be
self-incriminatory or not. Article 20(3) of the Constitution can be appealed if the
statements made by the accused are self-incriminatory and will be rendered
inadmissible in the Court even though they provide a piece of evidence or lead
to dissemination of more facts or evidence. 

In the case of State of Bombay, v Kathi Kalu Oghad(1961) the Court held that it
must be shown that the testifier was compelled to make a statement that was
self-incriminatory to attract the provisions of Article 20(3) of the Constitution. 

The narco-analysis test is also contested on the grounds of the right to life and
privacy, as provided under Article 21 of the Constitution. It is argued that using
extraneous means to force a person to speak and forcible intrusion into one’s
mind is an invasion of one’s privacy. Also, the mental torture that one goes
through during this test is violative of the right to live with human dignity under
Article 21. 

The practice of narco-analysis in India

The practise of narco-analysis has continuously been used in India. The Courts
in many instances have permitted the use of different scientific tests or
deception detection tests for further investigation. In India, the narco-analysis
test is conducted by a team that comprises of the following medical
practitioners and other officers:

 An anesthesiologist
 A psychiatrist
 A clinical/ forensic psychologist
  An audio-videographer
 And supporting nursing staff. 
The test is read and analysed by a forensic psychologist, who then presents a
report accompanied by a video recording stored on a CD. If the Courts find it
necessary, then this test is further verified through brain mapping and
polygraph (lie detector) test. 

Admissibility of narco-analysis in the court

Just like a confession made in the police station is not admissible, a statement
made during the narco analysis test is not admissible in the Court, except under
certain circumstances when the Court thinks that the facts and nature of the
case permit it. The Courts have, however, provided differing views on the
permissibility of conducting narco-analysis. In the case of SeIvi Murugesan v.
State of Karnataka,(2010), the High Court of Karnataka explored the issue of
whether narco-analysis is a compulsion on the invasion of the human body or
not. Justice Majage referred to Section 53 (1) of the Criminal Procedure
Code,1973 which provides for the use of reasonable force by a medical
practitioner at the request of a police officer for ascertainment of facts that
could help in finding new evidence. He stated that the narco-analysis test done
by a qualified medical practitioner within a prescribed manner is justified under
Section 53(1) of the CrPC. Further, supporting his view with the help of Section
39 of the Criminal Procedure Code, he stated that it is the duty of every
individual to give information about a crime, and Article 20(3) of the
Constitution cannot hinder the process of acquiring the truth. This view has
further contended in the case of Ramchandra Ram Reddy v. State of
Maharashtra,(2004) where the petitioner argued that the narco-analysis test is
an invasion of the body and thus violates Article 20(3) of the Constitution. The
Court shared similar views as in the case of SeIvi Murugesan v. State of
Karnataka and further stated that contrary to the belief sometimes the test
could be used to prove testifiers innocence.

Various Courts have opined that the Constitution framers while formulating the
right against self -incrimination, did not intend to interfere in the process of
proper and efficient investigation. However, the Courts have emphasized two
conditions for allowing scientific tests on the accused:

1. The totality of a case’s circumstances as well as context.

2. The setting of the case is such that reasonable doubt should exist to
permit the tests.

Criticism of narco-analysis test 

The question that arises with the use of the narco-analysis test is whether
conducting a test that invades one’s body and violates privacy by intruding on
the mind of the accused is reasonable? Whether it is legal to use inhuman ways
to find the truth? The reliability of narco tests has always been questioned.
Whether it is right to inflict such pain on a person when 100% accuracy in the
results can’t be promised? There have been many cases where the testifiers
have given false statements even in narco-analysis. It is argued that only
interviewees, who have been efficiently trained in asking questions should
conduct the test, as it is the process of reviving a memory that the testifier has
already forgotten which could lead to distortion of facts. The importance of
consent has always been emphasised by all the Courts for the narco test.
Without the consent, the narco-analysis test should not be conducted and it is
deemed that the test has been fair without any compulsion without knowing
what goes behind giving the consent. 

Court Precedents

Dinesh Dalmia v. State by Spe (2006)

In the case of Dinesh Dalmia v state by Spe,(2006), the Court held that if the
accused does not cooperate with the investigation team and the investigation is
unable to complete within time and if the nature of the case permits,  the
investigation team can go forward with scientific tests to find any leads for the
case.

Sh. Shailender Sharma v. State & Another (2008)

Further in the case of Sh. Shailender Sharma vs State & Another (2008), the
Court took forward the same view and stated that narco-analysis and other
scientific tests help in determining evidence in the case helping the
investigation. 
Therefore, the Courts in India have recognised that the scientific tests do not
violate the protection given under the Constitution and a narco-analysis test can
be conducted if the circumstances of the case allow, although, all the Courts
have presented the view that any statement that is self-incriminatory cannot be
permitted in the Court as evidence and prosecution cannot rely on the said
statement.

AUTOPSY
Autopsy is a term which operates and originates from the word ‘Autopsia’ which
is derived from ‘Autos’ ie to see for oneself. Autopsy is done to identify whether
the death of the person was natural or unnatural and if unnatural whether it
was homicidal, suicidal, or accidental. Autopsy is also done to identify the
identity of the body, time of death, and cause of death if not known. Section
174 and 176 of the Code of Criminal Procedure, 1973 deals with the concept of
medico-legal autopsy. The term autopsy and post mortem examination is not
similar as it appears to be. The main difference between autopsy and post
mortem examination is that in post mortem examination the physician merely
looks at the body, fully clothed in a funeral home or in a morgue while in
autopsy it means opening of all body cavities and all organs of the trunk, chest
and head. Autopsy consist of two types-
 Forensic autopsy which is mainly to determine the cause, mode and manner of
death.

1. Clinical autopsy which is done to find out what factors actually cause
the death of the person. These types of autopsy are done to prevent
diseases and future death of the patients. Now let us discuss the
importance of autopsy reports.

Importance of autopsy report

The main purpose of autopsy is to find out the exact cause of death of a person.
For example if death of a person is caused due to injury in head then it is crucial
to understand how the head injury occurred, and for that autopsy needs to be
conducted. This will help one understand whether it was caused as a result of
an accident, homicide or suicide though the final verdict regarding the manner
of death is decided by court of law in most of the cases in most countries
worldwide as medical evidence is only one piece of the puzzle and the court rely
not only the medical evidence but also in other circumstantial piece of evidence
in coming to a conclusion regarding the manner of death. Now let us see who
conducts the autopsy and what is its procedure.

Who conducts the autopsy?

The right to conduct and to find the exact cause of death goes to the autopsy
surgeon/forensic pathologist. Firstly to conduct a forensic autopsy an intimation
to conduct the autopsy on the dead body is given to the legal heirs or the
relatives of the deceased. Though their consent or approval in conducting the
autopsy is not required as this could cause an irreparable damage to find the
exact truth involved in the death of the person. 

The body to be autopsied is handed over to the surgeon /forensic pathologist by

the legal authority which can be coroner, medical examiner, the magistrate,
police or procurator fiscal and then after autopsy the body is handed over to the
legal authority and the legal authority the passes it to the legal heirs of the
deceased so that the last rites can be performed. In every circumstance, the
document of the chain of custody of a dead body is necessary. A register should
be maintained containing the names of individuals who are entitled legally to be
present during the autopsy. The autopsy should be conducted in a location
which is well equipped, well ventilated and well illuminated autopsy room
adjacent to the mortuary which will be considered to be the best. 

Though forensic autopsy should be conducted by the doctor well trained and
certified in forensic but in case of absence of such doctor the doctor who doesn’t
possess the requisite skill or certificate can too conduct it especially in rural
areas and nevertheless such thing is not uncommon in most of the developing
countries of the world. While conducting an autopsy the doctor should maintain
a reasonable amount of care as one small mistake can cause a lot of injustice
rendering an innocent to get punished instead of an offender. Now let us discuss
the procedural part.

Procedure followed when conducting an

autopsy
Though autopsy procedure varies according to extent and purpose of the
examination. The standard autopsy mostly consists of examination of the chest,
cavity, abdominal cavity and the brain. In the chest and abdomen the organs
are examined by the pathologist by performing a ‘Y’ or ‘U’ shaped incision that
begins at the shoulder and meets at the sternum (breast and bone) and
continues vertically to the pubic bone. In case of brain examination an incision
is made in the back of the skull from one ear to the other. Generally autopsy
begins with a thorough physical examination of the outside of the body that
determines the height and weight before any incisions are made.

For purposes of examination the organs are usually removed from the body.
Then the organs are weighed and the tissue is cut to look if there are any
abnormalities found inside the organs. Then small pieces of the tissue are taken
from the organs for microscopic examination after it has been viewed with a
naked eye. The incisions made in the body are closed after the end of the
autopsy. The organs are either returned or retained for the purposes of
teaching, research, or diagnostic purposes. In some cases the pathologist may
order special laboratory studies on tissue samples to be carried out taken during
an autopsy which may include the following below-

1. Culture or test to identify infectious agents which includes bacteria,

viruses, parasites etc.
2. Chemical analysis for metabolic abnormalities.
3. Genetic studies to identify disease associated mutation or heritable
diseases.
4. Toxicology studies to identify drugs, poisons, or exposures. 
Now let us discuss differences between negative, obscure and second autopsy.
Differences between negative, obscure and
second autopsy
Negative autopsy-An autopsy which fails to find the exact cause of death with
gross, microscopic and other necessary ancillary investigation and which is
made without any positive finding will be termed as negative autopsy.

Obscure autopsy-An autopsy which is done meticulously, properly and perfectly

but may present with no clear finding as to give definite cause of death leading
to the perplexity of the forensic pathologist is defined as obscure autopsy.

The similarity between the above two autopsy are that in both these cases the
cause of death remains unascertained though they are not uncommon in
forensic practise.

Second autopsy-second autopsy or post mortem re examination on a dead body

is required to be carried out before cremation or after exhumation. The
interpretation of finding in a second autopsy by an autopsy surgeon is not an
easy task which is performed on a previously autopsied body due to various
artifacts and alteration and which are being demanded under public cry or for
political benefits. Now let us discuss factors affecting medico legal autopsy
performance.

Factors affecting medico legal autopsy

performance
Autopsy performance has become very complicated and difficult these days.
Accepting the authenticity of the report which is in dispute with the interest of
the parties is very common to witness now-a-days. The factors affecting the
autopsy report are as follows-

1. Risky-Like discussed above the risk involved in the autopsy are too
high these days as there are probabilities that the report will be
criticised, disputed if it is in conflict with the interest of the someone
influential or public opinion.
2. Controversy-With the involvement of risk in resulting conflict of
interest between parties to the dispute that result into a lot of
 controversy as well as it mismatches with the desires and expectations
of the people at large.
3. Delicate- Medico legal autopsy is very delicate as if an innocent is
punished due to the irregularity of the medical knowledge of the
pathologist then it will irk all kinds of people including police, Judiciary
and departmental peers.
4. Public outcry- If the opinion of the autopsy report is in difference with
what the public opinion is then it leads to massive public outcry as
political workers and social activist are always up against cases of
police torture, hospital or dowry related deaths.
5. Administrative hypocrisy and juggleries- Sometimes the doctor who is
conducting or doing the autopsy may be in comparison to some other
doctor is junior and the district administrator of the health department
who is superior in terms of age may respond inadequately or won’t
respond as well as while giving opinions.

Case laws relating to autopsy

In Anant Chintaman Lagu v. State of Bombay, AIR 1960 SC 500, the appellant
was tried for the murder of one Laxmibai Karve, and the charge held proved
against him was that on or about the night between November 12 and 13,
1956, either at Poona or in the course of a railway journey between Poona and
Bombay, he administered to the said Laxmibai Karve, some unrecognised
poison or drug which would act as a poison, with the intention of causing her
death and which did cause her death.

Coverage of doctors and hospitals under CPA

In the case of the Indian Medical Association vs. V.P. Shanta and Ors., III
(1995) CPJ 1 (SC), the Supreme Court finally decided on the issue of coverage
of the medical profession within the ambit of the Consumer Protection Act, 1986
so that all ambiguity on the subject was cleared. With this epoch making
decision, doctors and hospitals became aware of the fact that as long as they
have paid patients, all patients are consumers even if treatment is given free of
charge.

Where compensation was awarded

In this context, it may be recalled that in the case of the State of Haryana and
Ors v. Smt. Santra, I (2000) CPJ 53 (SC) (by S. Saghir Ahmad and
D.P.Wadhwa, JJ.), the Supreme Court in a Special Leave Petition upheld the
claim for compensation where incomplete sterilization (family planning
operation) was held to be defective in service. Smt Santra underwent a family
planning operation related only to the right fallopian tube and the left fallopian
tube was not touched, which indicates that complete sterilization operation was
not performed. A poor labourer woman, who already had many children and had
opted for sterilization, became pregnant and ultimately gave birth to a female
child in spite of a sterilization operation that had obviously failed.

Conclusion
Though inserting of section 174 and 176 of Code of Criminal Procedure 1973
has made autopsy mandatory in case of unnatural death of a person for finding
out the exact cause of death of the person to which it has been successful but in
few cases due to the interference of some influential people whose interest is in
conflict with it and sometimes due to difference of public opinion has made
medico-legal autopsy very complicated and difficult because in those cases truth
gets buried in the hands of power.

Concept of DNA profiling 

Deoxyribonucleic Acid (DNA) is the genetic material present in the cells of all
living creatures. Each person has a distinctive DNA that doesn’t match with
anyone else other than monozygotic twins. The Geneticist Alec Jeffreys from
Leicester University, England, has invented the DNA Profiling Technique. DNA
profiling technology is a modern gene-based technique employed by forensic
scientists to identify an individual.

DNA profiling analyses human DNA, such as saliva, skin, hair, blood, sperm, and
so on, that can be matched to DNA taken from a particular individual previously.
It helps with deciding the personality traits, behavior, and at times even
heritable illnesses of a person. In cases like homicide, sexual assault, etc, the
technology has enabled identifying by even a small piece of the tissues. It is
likewise used in civil proceedings, especially in cases in which kinship is
identified.

DNA evidence in Indian courts 

Currently, there are no concrete regulations in India to do with the eligibility of
DNA Profiling or forensics. Though there are certain provisions of the Code of
Criminal procedure and Indian Evidence Act, 1872 regulating medical and
technological matters, but they are quite implicit. It is hence left exclusively on
the judges, either to approve or to refuse DNA testing. This tends to cause
chaos and ambiguity when ensuring justice. Therefore, It is based on whether
the technique of DNA collection and testing is legitimate or not, and if the
Courts are convinced with the authenticity of the DNA test, only then is it
acceptable.

Despite the fact that there are no questions regarding the efficacy of the DNA
profiling technique but due to constitutional or statutory limitations, judges of
the Supreme Court and High Courts have had varying opinions towards the
admissibility of DNA evidence.3 The Supreme Court gave preference to DNA
testing under Section 45 Indian Evidence Act over the legitimate presumption
under Section 112 of Indian Evidence Act in the current case of Nandlal
Wasudeo Badwaik v. Lata Nandlal Badwaik & Anr.

DNA Technology (Use & Application)

Regulation Bill 
DNA Technology (Use & Application) Regulation Bill was cleared by the Union
Cabinet in 2018. And still, by the end of 2018, the bill couldn’t be passed and
was lapsed following the 16th Lok Sabha’s dissolution. Subsequently, after the
formation of the 17th Lok Sabha in 2019 the bill was again introduced and is
now being analyzed by the Standing Committee of the Rajya Sabha. The
purpose of the Bill is to build a DNA database containing profiles of accused,
victims, and their family members. Nevertheless, there are concerns with this
bill such as the creation of a DNA Data Bank can lead to maltreatment of
confidential information of an individual whoever it might, the storing of DNA
Profiles of innocents is invalid as per the constitution because it violates the
right to privacy.

DNA profiling and Indian legislations 

Section 53A of the Criminal Procedure Code is newly added by the CrPC
Amendment of 2005, it states a detailed medical examination of a person
accused of an offense of rape or an attempt to commit rape by the registered
medical practitioner at the request of a police officer in good faith for the
propose of the investigation. 

Section 164A of the Criminal Procedure Code added by the CrPC

Amendment of 2005, talks about the medical examination of a rape victim by a
registered medical practitioner with the consent of the victim. 

Similar to the above-mentioned Section 53A of CrPC, Section 27(1) of

Prevention of Terrorism Act, 2002, states that an investigating officer has
power to requests to the court in writing for obtaining a sample of handwriting,
fingerprints, footprints, blood, saliva, semen, hair, etc of an accused person,
who is involved in the commission of an offense under the act and it shall be
lawful for the court to direct such samples to be given by the accused person
through a medical practitioner. 

Section 45 of the Indian Evidence Act, 1872, deals with Opinions of experts

—When the Court has to form an opinion upon a point of foreign law or of
science or art, or as to the identity of handwriting, the opinions upon that point
of persons specially skilled in such foreign law, science or art, or in questions as
to the identity of are relevant facts. Such persons are called experts. 

Section 112 of the Indian Evidence Act 1872 provides that any child born
during the continuance of a valid marriage or within 280 days after marriage
being dissolved and the mother is also not remarried again, and then it will be
conclusive proof that the child is the legal child of the person to whom the
mother is married. The section provides one exception that the husband can
escape the parentage claim by proving that there was no access between him
and the mother of the child during the time when the child could have been
conceived. 

Hence from the above-mentioned provisions, it is quite clear that DNA

technology cannot be used explicitly. 

Conflict between fundamental rights and

admissibility of DNA profiling evidence 
The legitimateness of DNA profiling in India remains somewhat dicey,
competing between justice and privacy. The Court’s right to order a person to
take a DNA test can violate the Right to privacy under Article 21 and Right
against Self-incrimination under Article 20(3) of the Indian
constitution, which shields an offender from presenting evidence against him.
And this is why the Indian courts are often hesitant to consider proof based on
DNA profiling techniques. 

In regards to Govind Singh v. State of Madhya Pradesh, the Supreme Court held
that the fundamental rights must be limited on the grounds of public interest. In
any circumstance, if the constitutional rights of the parties are in dispute then it
is the responsibility of the court to find a middle ground. On this basis,
numerous cases were decided by the Indian courts that authorized the use of
DNA technology as evidence.

In the case of the State of Bombay v. Kathi Kalu Oghad and Anr., it was held
that compelling a person to give any forensic evidence like fingerprints, hair,
semen, doesn’t contravene Article 20(3). Likewise, the court in Rohit Shekhar v.
N. D. Tiwari held that collection of DNA samples or compelling to undergo DNA
Test in paternity lawsuits are not infringing any fundamental rights as it would
not be made public and will be confidential for the sake of justice. But in Kamti
Devi v.Poshi Ram, the Supreme Court dismissed DNA proof by stating that while
the result of a genuine DNA test is claimed to be scientifically correct, but it is
not enough to escape from the conclusiveness of Section 112 of the Evidence
Act, 1872. 

In the context of the above stanzas, it can be observed that the admissibility of
the DNA Evidence in India is subjected to a confusing legal position due to the
absence of specific DNA technology laws. Hence, it is very volatile, provided
that the judiciary interprets each case differently. 

Conclusion 
The technique of DNA profiling is effective; its impact on the administration of
justice will be huge if perfectly implemented. This will at least lower down the
burden of pendency of cases mostly in regards to criminal trials. In addition, it
should be acknowledged that DNA evidence not only convicts an individual but
also acquit from false charges. In doing so, the Court must ensure that justice is
assured to all sides while taking advantage of such forensic technology.

Despite the fact that DNA profiling has its own advantages, it still has defects
that should be appropriately tended to. Therefore, it’s the need of the hour to
have reasonable and clear DNA technology laws, and furthermore, there is a
need to amend the existing framework of the justice system. This will strike a
balance between constitutional rights and the public interest and bring
accountability and transparency to the DNA profiling technique.
Right to silence and right to self-incrimination
under the Indian Constitution : a critical analysis
Introduction
The right to not speak against himself or to remain silent is given to an accused,
this right is recognized around the globe. In India, it forms a part of Right to
self-incrimination under Article 20(3) of the Indian Constitution. It is considered
the duty of the prosecution to prove a person guilty until proven otherwise he
remains an innocent man. In India, criminal law has vested the citizens with
this right under various provisions.
Article 20(3) of the Indian Constitution states that no one can be compelled to
be a witness against himself, the right to remain silent emanates from this very
Article. The provision enables the citizens to enjoy the right against self-
incrimination which is a fundamental canon of law. The privileges under this
right are:
a.) The accused is presumed to be innocent;

b.) The prosecution has to prove him guilty;

c.) He cannot be compelled to give any witness.

Thus, under Article 20(3) – ‘No person accused of an offence shall be compelled
to be a witness against himself’ giving an immunity to the accused. It is based
on the legal maxim “nemo tenetur prodere accusare seipsum”, which means
“No man is obliged to be a witness against himself.”

An accused person may give a statement which can be used as a witness

against himself. But, before the accused makes such a statement, he should be
notified that he is not bound to make a statement against himself and if he does
so it can be used against him. Thus, no one can be compelled to cremate
himself. Hence, an admission made by the accused cannot be admitted as an
evidence unless such statement was made voluntarily and out of free will. The
privilege enables the maintenance of human privacy in the enforcement of
criminal justice.

If any statement is obtained by using force either physical or otherwise, it

should be rejected by the court. The right to silence or forced self-incrimination
is provided to the citizens of India under Section 161(2) of the code of criminal
procedure (crpc) and Article 20(3) of the Indian Constitution. Section 161(2) of
the Crpc lays down that an accused should answer all questions put forth by the
authorities truthfully, other than those which subject him to penalty or other
punishments. 

Article 20(3) of the Indian Constitution

Article 20(3) reads that:

The privilege under this part is regarded as a fundamental canon of the criminal
jurisprudence in India. Article 20(3) says that no person accused of any offence
shall be compelled to be a witness against himself. The characteristics features
of these provisions are –

 That the Accused is presumed to be innocent until proven guilty,

 It is the duty of the prosecution to establish guilt, and
 The accused cannot be forced to give a statement against his will.
Ingredients Constituting the Provision
This provision contains following ingredients:

1. The right to remain silent or against self-incrimination is available to

the accused.
2. The right immunes a person from being a witness against himself.
3. It provides protection against such force which would result in him
giving evidence against himself.
Elaborating the ingredients

Origin-

The origin of the right to silence goes back to the middle ages in England but
the clear origin cannot be traced. During the sixteenth century, the English
Courts of Star Chamber and High Commission built up the act of convincing
suspects to make a vow known as the ex-officio vow and the blame needed to
address questions, without even a proper charge, put by the appointed
authority and the examiner. In the event that an individual would not make a
vow, he could be tormented. These Star Chambers and Commissions were later
nullified. The option to quietness depends on the standard ‘nemo debet prodere
ipsum’, the advantage against self-implication.

Accused of an offence- The advantage under this proviso is simply accessible to

a denounced i.e., an individual against whom a conventional allegation
identifying with the commission of an offense has been leveled which in the
typical course may bring about the indictment. It is anyway redundant, to profit
the advantage, that the genuine preliminary or enquiry ought to have started
under the watchful eye of the court or council. Along these lines an individual
against whom the FIR has been recorded by the police and examination
requested by the Magistrate can guarantee the advantage of the assurance. 

Regardless of whether his name isn’t referenced in the FIR as a blame, it won’t
remove him from the category. In America the privilege against self-implication
isn’t simply accessible to be charged yet additionally to the observer. However,
Not Under Indian Laws. 

In the case of Nandini Satpathey Vs. P.L. Dani 

It was held that the privilege stretches out to observe and charged the same,
that the articulation ‘blamed for any offense’, must mean officially denounced in
praesenti not in future, that it applies at each stage at which outfitting of data
and assortment of materials happens, that the advantage stretches out not
exclusively to the organization of the data got as proof in a criminal
arraignment, however to the extraction of the data itself.

Witness against himself– A person accused of an offence cannot be compelled

to be a witness against himself. The law says nobody needs to cremate himself.
It is upon the prosecution to establish guilt. It is the duty of the officials to
remind the accused of his right to remain silent and intimate him that if he
makes any statement against himself it can be used against him. A statement
made under influence cannot be admitted in the court. 

Compulsion to give evidence- If force is exercised upon the accused and he

makes any statement under such influence, it is bound to be rejected by the
Court. In other words, he cannot be compelled to be a witness against himself.
A statement not made voluntarily cannot be used as a witness. 

Yusufali v. State of Maharashtra- This is a case where the data given by the
charged was recorded without his insight and court held that the account will be
permissible as a bit of proof. This is so in light of the fact that anyway it was
without the information of the charges however the data which the blamed had
given was not out to an impulse. Also, on the off chance that any archive is
seized from the reason of the charge, at that point it won’t be violative of this
arrangement.

Accordingly, it is clear that an individual who is blamed for an offense isn’t

constrained to give any such explanation or proof which later betrays the
blamed as it were. The option to quietness exists for blame. This was
additionally held on account of Amrit Singh v State of Punjab.

Compulsion resulting in giving evidence

against oneself
The right to silence has various angles. On one hand, it puts the burden on the
prosecution or the state to prove that the accused is guilty. On another, it
presumes that the accused is innocent until proven guilty. The third angle is
where the right against self-incrimination allows the accused to remain silent
and protects him from cremating himself. Some exceptions are provided, where
the accused cannot protect himself by using this right. During an investigation,
the accused can be compelled to allow his photographs taken, DNA sample, or
other body material for tests etc.

Example of self- incrimination– When an accused is brought for oral questioning

by an officer, it is the duty of the accused to answer truly to all the questions
asked by the police officer. But if the officer threatens him or uses force the
right to self-incrimination would arise and he can refuse to answer questions
which might pose a possibility of criminal charges against him. Such a right
exists to protect him because no person should be seen with guilty eyes unless
proven so and the burden to prove guilt lies upon the prosecution. 

If a person makes a statement during trial, the background must be checked.

There should be nothing in the facts and circumstances which shows that force
has been exercised to get the confession which would impact him. There is a
need to maintain the human privacy while delivering criminal justice, which is
the object behind this provision.

In Vidya Verma v. Shiv Narain- It was held by the court that the protection
granted under article 20(23) extends to criminal proceedings only. The
American constitution allows such protection in all proceedings (criminal and
civil). The statement made might be used in future proceedings.

In Kalawati v. State of H. P  -The supreme court of India held that Article 20(3)
cannot be applied to a case where the statement was made voluntarily and was
not procured by threat, inducement or promise. Similarly, Retracted
confessions, along though they have very little probative value, are not
repugnant to this clause.

In V.S. Kuttan Pillai vs Ramakrishnan and Another,– It was held by the court
that a warrant can be issued to search for a document and if it is found in the
possession of that person it can be recovered and it was not known to the court
that such person was in possession of the document.

Some of the particulars relating to right to silence are:

1. Art. 11.1, Universal Declaration of Human Rights, 1948.

Every person accused of committing a penal offence has the right to be
presumed innocent until proven guilty in a public trail during which he has every
guarantee necessary for defending himself.

2. India among many other countries is a party to The International Covenant

on Civil and Political Rights, 1966.  Under Art. 14(3)(g) it lays down

That no accused shall be compelled to testify against himself or to confess guilt.

3. Art. 6(1) of The European Convention for the Protection of Human Rights and
Fundamental Freedoms states that every accused/person charged has a right to
a ‘fair’ trial and Art. 6(2) thereof states:

According to law, unless the person accused of an offence is proved guilty, he

shall be accorded the presumption of being innocent. 

Analysis of Section 161 of Code of Criminal

Proceedings
Section 161 of CrPC manages the assessment of witnesses. Under this segment
a cop inspects the individual. The inquiry emerges what goes under the ambit of
‘people’. This was held on account of Pakala Narayana Swami V. Emperor Held
that the ‘people’ incorporate any individual who might be charged in this
manner. 

Section 161(2) of CrPC says that-

When an officer examines a person, who is acquainted with the facts and
circumstances of the case, such a person shall answer the questions truthfully
other than the questions which have a tendency to expose him to criminal
charges. 

This provision is provided to an individual based on the saying ‘no person has to
cremate himself’. Thus, it is the duty of the person to answer truthfully to all the
questions put forth by the officer but he cannot be forced to speak anything
against himself. The law gives him a right to stay silent if the statement has a
tendency to jeopardize him.

Under this part, the individual is obliged to answer honestly and yet this
segment too shields the individual from responding to the inquiries which would
later implicate individual himself. Subsequently, section 161 of CrPC alongside
Article 20(3) of the Indian Constitution protects the interest of the accused. Also
the option to stay quiet goes about as a crucial right. It is clear from this
arrangement that in the event that the individual or a denounced is offering a
response, at that point it must be a genuine answer however the blamed has
full option to stay quiet and not utter a word. There is no impulse or no power is
forced on the charged to powerfully give an explanation which can open them
later to conviction. Consequently, it goes about as a shield and an assurance for
the charged just as the observer and suspects. Section 20(3) read with Section
161(2) of CrPC shields from necessary oral declaration.
Can a law curtail the Fundamental Right?
Article 13(2) of the Constitution of India brings forth that, the state shall not
make laws which infringes or abridges the rights of citizens provided under this
part (fundamental rights) of the constitution, and if any law is made to that
extent it shall be void.

Similarly, Article 13(1) declares those pre-constitutional laws void and

ineffective which violate the fundamental rights in any manner. Thus, neither an
executive action nor a legislative law can violate the fundamental rights. Thus,
either Section 108 of the Customs Act or Section 14 of the Central Excise Act
Must be construed in a manner not inconsistent with Article 20(3) of the
Constitution. If there would be any inconsistency it will make the law void in the
eyes of the law.

It means that a Central Excise officer or a custom officer has a right to summon
a person and the person is bound to state the truth. However, if the truth is
self-incriminatory and can be produced as witness against the person
summoned, he can exercise privilege granted under Article 20(3) of the
Constitution. A statement which is self-incriminatory in nature is not admissible
in any criminal or even a quasi-criminal proceeding, following the broad
definition of offence within Article 20(3) of the Constitution.

Right to Silence
Indian constitution gives the right to stay quiet as a portion of essential rights
to all the residents. This correction exists as Article 20(3) as it gives security to
the blamed. Under Indian legal system no person can be denied rights or
treated in an inhuman or bad manner unless he is proven guilty of the offence
charged.

On account of D.K. Basu v. State of West Bengal legitimate rules and

methodology was set down to ensure the denounced. The court additionally
held that when an individual has captured the privilege of quietness as given
under Article 20(3) should be explicitly educated. Mindfulness must be spread
and each individual has the option to realize that a correction exists on his
kindness. Consequently, it shows that nobody can power to give an explanation
which will influence the individual himself and reserve the option to stay quiet.
It joins the privilege of free discourse and articulation.
Narco analysis test vis-a-vis self
incrimination
Tests like DNA and Narco Analysis have always been in debate for their
admissibility in criminal proceedings. A question always arises concerning the
matter if these tests violate the right against self-incrimination under Article
20(3). In Gobind Singh v. State of Madhya Pradesh, the court said that the
mental state of an individual comes under the purview of ‘Right to Privacy’.
Later, developments in this area revealed that a state shall not compel an
individual to reveal facts about his life which he wishes to keep to himself, as
compelling him to do so would be a violation of the rights guaranteed under
Article 20(3) and 21.

This issue came before the Supreme Court in Selvi v. State of Karnataka, the
Supreme Court court dismissed the High Court’s dependence on the utility,
dependability and legitimacy of narco examination tests and other such tests as
techniques for criminal examination. The Court found that it is an essential
impulse to drive a person to go through narco-examination, polygraph tests and
cerebrum planning. The appropriate responses given during these tests are not
intentionally and willfully given, so the individual can’t choose whether or not to
respond to an inquiry, henceforth it adds up to tribute impulse and draws in
insurance under Article 20(3). The Court expressed that the narco-investigation
test is a coldblooded and cruel treatment which disregarded the privilege to
protect a person. That courts can’t allow organization of narco-examination
tests against the desire of the person besides in situations where it is essential
under open interest.

DNA Test and Article 20(3)

The courts have shown reluctance while accepting DNA tests to conclude the
case as these tests summon a person’s right to self-incrimination and right to
privacy guaranteed under the Constitution. The Right to privacy is inherent in
the Right to Life and Personal Liberty under Article 21. However, in some cases,
the Supreme Court has said that the right to life is not absolute and where the
situation requires can be subjected to restrictions. In Kharak Singh v. State of
Uttar Pradesh, the apex court held that Right to Privacy is not guaranteed under
the Constitution. The courts have allowed DNA tests in some cases to reach an
end and deliver justice.

In the case of Kanchan Bedi v. Gurpreet Singh BediThe question emerged on

the parentage of the baby, and the mother recorded an application for leading a
DNA test, to which the dad restricted contending that his privileges would be
disregarded. The Court held that where the parentage of a youngster is being
referred to, guiding an individual to go through a DNA Test doesn’t add up to an
infringement of essential rights. The Court relied on Geeta Saha v. NCT of
Delhi, where the Division Bench ordered a DNA Test to be conducted on the
fetus of the rape victim.

Can a person waive the privilege given

under Article 20(3)?
It is a settled issue that A fundamental right cannot be waived. The privilege
provided under Article 20(3) of the constitution is subject to its exercise by the
accused, it is in the form of privilege and the person accused of an offence may
choose not to exercise it. The right gives power to the accused to not ‘testify
compulsorily’ but he can ‘testify’. Thus, if the accused chooses to testify out of
his free will, he can do so.

However, the waiver of privilege must be an original and substantial waiver. For
example, if a person is not aware about the privilege under Article 20(3) and
out of ignorance, he waives this right then he cannot be said to have waived it
in real and substantial sense. In such a case the statement would be hit by
Article 20(3) of the Constitution whenever it is brought before adjudicating
authority or Court, it might be rejected. Further, when an accused is brought in
and the officer in charge threatens him of section 108 which is not applicable on
cases covered under Article 20(3), a statement given under such threat would
be treated as under compulsion and will not be admitted.

The person must be informed by the Custom and Central Excise authorities that
he has this protection under Article 20(3) of the Constitution, when the
circumstances require. In Kartar Singh vs. state of Punjab, the Supreme Court
has laid down that the officers who bring in the accused must inform him about
this right while recording statements and keep an acknowledgement with them.
There seems to be no ground on why this direction should not be applicable in
case of Customs and Central Excise.

Conclusion
The law says that an accused is presumed to be innocent until proven guilty,
and the provision under Article 20(3) is required for this purpose. Article 20(3)
of the Indian Constitution safeguards the right of the accused and protects him
against any inhuman treatment. Three essentials are provided to invoke this
section. The right is available only to an accused person and the right can be
invoked in criminal proceedings and not civil. Section 161(2) of CrPC protects
similar rights for the accused. If a person lawfully, out of his free will gives a
statement which is an evidence against himself then it would be admitted in
proceedings. Secondly, it is the duty of the officials to intimidate the person that
a right to remain silent exists in his favor. In other words, every accused must
be made aware about his rights. The accused can avail this right at any time
during the criminal proceedings. A person shall not be compelled to speak
against himself, the factor of compulsion should not be there. Thirdly, the
statement given must be a witness against himself. Nobody should be forced to
cremate himself and thus this right is offered to every individual around the
globe.

The question regarding whether scientific tests are violative of Article 20(3) is
often witnessed. Unless, there is compulsion to do something, everything which
helps in deducing evidence is valid. 

According to me, a line should be drawn between the right of an individual and
process of Justice. Right to silence is an important provision which safeguards
the interests of an accused during investigation process. No person should be
forced to cremate himself by saying something which can go against him.
However, there is a difference between obtaining evidence and forcing someone
to speak and therefore these scientific tests are not violative. It is important to
gather evidence and in many cases these DNA tests help in reaching justice.
Thus, I support these tests because at the end they are part of the investigation
and very important for a case.

Introduction
Cyber crimes can be various kinds and with the advancement in science and
technology, new kinds of cyber threats are coming up every other day,
however, attempts have been made to categorize them so that they can be
dealt with accordingly. Along with this, cyber criminals can be of various kinds
as well depending upon the kind of cyber crimes they commit. Further, cyber
crimes have some kind of motivation behind them such as financial gain, some
vendetta, ideological motivation etc. 

Classification of Cyber Crimes

The cyber crimes may be broadly classified into four groups. They are:

1. Crime against the Individuals: Crimes that are committed by the cyber
criminals against an individual or a person. A few cyber crimes against
individuals are:

 Harassment via electronic mails.

 Dissemination of obscene material.
 Cyber-stalking.
 Defamation.
 Indecent exposure.
 Cheating.
 Unauthorized control/access over computer system.
 Email spoofing.
 Fraud.
2. Crimes against Property: These types of crimes includes vandalism of
computers, Intellectual (Copyright, patented, trademark etc) Property Crimes,
Online threatening etc. Intellectual property crime includes: 

 Computer vandalism.
 Transmitting virus.
 Net-trespass.
 Unauthorized access / control over computer system.
 Internet thefts.
 Intellectual Property crimes- Software piracy, Copyright infringement,
Trademark infringement.
3. Crime against Organization: Crimes done to threaten the international
governments or any organization by using internet facilities. These cyber crimes
are known as cybercrimes against Organization. These crimes are committed to
spread terror among people. Cyber terrorism is referred as crimes against a
government. Cybercrimes against Government includes cyber attack on the
government website, military website or cyber terrorism etc.

 Unauthorized access / control over computer system.

 Cyber terrorism against the government organization.
 Possession of unauthorized information.
  Distribution of Pirate software.
4. Crime against Society: Those cybercrimes which affects the society interest
at large are known as cyber crimes against society, which include:

 Child pornography.
 Indecent exposure of polluting the youth financial crimes.
 Sale of illegal articles.
 Trafficking.
 Forgery.
 Online gambling.

Distinction between Cyber Crime and

Traditional Crime
1. Kind of Crime- Cyber crimes are quite different from traditional crimes
as they are often harder to detect, investigate and prosecute and
because of that cyber crimes cause greater damage to society than
traditional crimes. Cyber crime also includes traditional crimes
conducted through the internet or any other computer technology. For
example; hate crimes, identity theft, terrorism, stalking and bullying
are considered to be cyber crimes when traditional crimes are
committed through the use of a computer and the internet. 
2. Perpetrator- Another difference is in the description of the perpetrators
of both kinds of crimes. The hackers in cyber crime are professional
thieves, educated hackers, organized criminal gangs, ideological
hackers (hacktivists) etc. as compared to traditional crimes.
3. Evidence- The other difference between these two terms is based on
the evidence of the offences. In the traditional crimes the criminals
usually leave any proof of that crime like fingerprints or other physical
proof. But in the cyber crimes cyber criminals commit their crimes
through the internet and there are very less chances of leaving any
physical proof.
4. Physical force- Further, these two terms can be differentiated on the
basis of use of force. In traditional crimes many of the crimes like rape,
murder, and burglary etc. involve the use of excessive physical force
which leads to physical injury on the victim. But in cyber crimes, there
is no requirement of any type of physical force because in this type of
crimes the criminals only use the identities or accounts of other person
using computer technologies.
                 Click Above

Reasons for Commission of Cyber Crimes

Economically Motivated Cyber Crime

Money is a major motivator for many cyber criminals. Cyber criminals to engage
in malware, phishing, identity theft and fraudulent money request attacks to
make money fraudulently. Cyber criminals often use cryptocurrency for small
transactions, or wire transfers for greater amounts. Businessweek estimates
that cyber crimes targeting online banking accounts make nearly 700 million
dollars per year globally and that is just one kind of cyber crime.

Personally Motivated Cyber Crime

Cyber criminals are often motivated due to personal emotions and vendettas
and are essentially crimes of passion committed over the Internet. From an
angry employee installing a virus on office computers or a stalker hacking into
someone’s social media accounts are some personally motivated cyber crimes.

Ideologically Motivated Cyber Crime

Some cyber crimes are committed for believed ethical, ideological or moral
reasons, as happened when financial companies like Visa, MasterCard and
PayPal refused to let account and card holders to make contributions to the
controversial non-profit WikiLeaks, a hacktivist group “Anonymous” sent a
series of bot attacks on the financial companies’ servers.

Cyber Crimes due to Competition

Various cyber crimes are committed due to competition in industries and getting
into a manufacturers system can be valuable, for IP, blackmail, competitive
intelligence etc. These crimes are usually committed in industries with complex
intellectual property at their core, for eg. technology, pharmaceuticals, general
utilities etc.
Politically Motivated Cyber Crimes
Cybercrime is a growing tool used to achieve political ends. It is used to
manipulate elections or distribute ransomware. Many companies like Facebook
use personal information and data of its users and use this information to
influence political views of people.

Cyber Criminals and their types

A cybercriminal is a person who conducts some form of illegal activity using
computers or the Internet. These cyber criminals use their knowledge of
computer, network and human behavior, and a variety of tools to commit cyber
crimes. Cyber crimes can be of following types: 

 Hackers: Hackers explore others’ computer systems for various

reasons depending upon their need. Hackers can be of three kinds:

 White hat hackers- A white hat hacker is an ethical hacker who

opposes the abuse of computer systems and networks. A white hat
generally focuses on securing IT systems.
 Black hat hackers- A black hat is a hacker who compromises or breaks
into the security of a computer system or network without the
permission of authorized party, typically with malicious intent.

 Grey hat hackers- A Grey Hat is a hacker who sometimes acts legally,
sometimes illegally. They are a hybrid between white and black hat
hackers. They usually do not hack for personal gain or for malicious
intentions, but may or may not occasionally commit crimes.

1. Crackers: These individuals intentionally cause loss to satisfy some

antisocial motives or sometimes just for fun. Many computer virus
creators and distributors fall into this category. 
2. Pranksters: These individuals perpetrate tricks on others. They
generally do not intend any particular or long-lasting harm. 
3. Career criminals: These individuals earn part or all of their income from
crime. In some cases they conspire with others or work within
organized gangs such as the Mafia. The greatest organized crime
threat comes from groups in Russia, Italy, and Asia.
4. Cyber terrorists: There are many forms of cyber terrorism. Sometimes
a hacker may break into a government website to steal information or
 to post a threat. It was found that around 25 Indian government
websites were hacked till May 2019.
5. Cyber bulls: Name calling in chat rooms, posting fake profiles on
websites, and sending mean or cruel emails or messages are some
forms of cyberbullying and cyber bulls indulge in such activities.
6. Salami attackers: Those attacks are used for the commission of
financial crimes. The key here is to make the alteration so insignificant
that in a single case it would go completely unnoticed e.g. a bank
employee inserts a program into bank‘s servers, which deducts a small
amount from the account of every customer. 
7. Drops: These individuals convert the ‘virtual money’ or cryptocurrency
into real cash. 
8. Kids: They are called so because of their tender age (most are under
18). They buy and resell the elementary building blocks of effective
cyber-scams such as spam lists, proxies, credit card numbers, hacked
hosts, scam pages etc.
9. Coders: They produce ready-to-use tools such as trojans, mailers,
custom bots, viruses and other services and sell them to the cyber
crime labour force.

Digital Forensics and Cyber Forensics

Digital forensics is a branch of forensic science which deals with recovery and
investigation of digital or electronic data. This data can be from a computer
system, mobile device, cloud service, and so on. Its various sub branches
include computer forensics, network forensics, forensic data analysis, and
mobile device forensics.

Cyber or computer forensics is the application of forensic science to collect,

process, and interpret digital evidence to help in a criminal investigation and
presenting digital evidence in a court of law. It is the branch of forensic science
in which evidence is found in a computer or any other digital device and with
increasing cybercrime, cyber forensics has now become crucial for public safety,
national security, and law enforcement.

Cyber forensic techniques include:

1. Cross-driven analysis that correlates data from multiple hard drives.
2. Live analysis, which obtains data acquisitions before a PC is shut down.
3. Deleted file recovery.
 4. Detecting data theft using Stochastic Forensics.
5. Concealing a file, message, image, or video within another file using
Steganography.

Computer forensic investigations go through five major standard

digital forensic phases:
1. Policy and procedure development, 
2. Assessment, 
3. Acquisition, 
4. Examination, and 
5. Reporting.

Five Standard Phases of Computer

Forensic Investigation 
The listed five-step computer forensic investigation allows examiners to
thoroughly investigate the assigned case.

1.Policy and Procedure Development

Law enforcement and government agencies are hiring experienced cyber
security experts to draw proper guidelines, policies, and procedures to be
followed during computer forensic investigation because data can be delicate
and highly sensitive. 

2.Evidence Assessment
Evidence assessment is a critical part of digital forensics as it provides a clear
understanding of the case details and includes examining hard drives, email
accounts, social networking sites, and other digital archives for digital evidence
linking someone to the crime. The investigators should also preserve the
acquired evidence properly. 

3.Evidence Acquisition
During evidence acquisition, computer forensic investigators are subjected to
follow the policies dedicated to preserving the integrity of potential evidence.
This step should be completed carefully and legally as the documented evidence
are crucial in the proceedings of a court case.
 4.Evidence Examination
The analysis of digital evidence provides details like the date, time, and location
where the data were created and downloaded. It also helps the investigators to
find the connection between uploading of files from storage devices to a public
network. 

5.Reporting
Lastly, investigators need to report the whole process of investigation and
evidences acquired and examined to the authorities. This is needed to ensure
that all the guidelines, policies, and procedures have been followed throughout;
it also ensures the authenticity and integrity of the data retrieved for the
evidential reasons. 

Conclusion
In conclusion it can be said that just like cyber crimes are very diverse, cyber
criminals also belong to a broad spectrum with different motivations fueling
them. Further, cyber crimes and traditional crimes may seem similar on the
outside yet there are certain differences between the two, which separate one
from another. To tackle these issues, cyber forensics is being actively used
these days to deal with cyber crimes, investigate and collect digital evidence
and catch cyber criminals.