SUBJECT FORENSIC SCIENCE

Paper No. and Title PAPER No. 8: Questioned Document

Module No. and Title MODULE No. 1: Introduction to Questioned Document

Module Tag FSC_P8_M1

FORENSIC SCIENCE Paper No. 8: Questioned Documents

Module No. 1: Introduction to Questioned Documents
 TABLE OF CONTENTS

1. Learning Outcomes
2. Document: Introduction
3. Legal Definitions
4. Questioned Document
5. Authenticity of Documents
6. Preliminary Examination of Documents
7. Summary

FORENSIC SCIENCE Paper No. 8: Questioned Documents

Module No. 1: Introduction to Questioned Documents
 1. Learning Outcomes
After studying this module, you will be able to

 Know what are documents

 Learn the features which prove the authenticity of the document
 Identify the types of question document

2. Document
A document in general can be defined as, anything, which can record or capture any
event or thing so that the information is not lost. Usually, a document is written, but a
document can also be made with pictures and sounds. A document generally sticks to
some convention centered on comparable or former documents or definite requirements.
A few common examples of documents are sales invoices, wills and deeds, newspaper
issues, individual newspaper stories, oral history recordings, execrative orders, product
specifications, etc.

The word ‘Document’ is a vast topic covering writing with any material such as pencil,
pen or ink or with any object on any material example a paper inscription/engraving on a
metal plate, stone slab or any other
material,typewritten,cyclostyled,printed,lithographed,photographed matter, chart map,
plan etc.

3. Legal Definitions
Both Indian Evidence Act and Indian Penal Code define documents.

3.1 Indian Evidence Act

According to Section 3 of Indian Evidence Act (I) of 1872, a document may be defined
as under:-

“Document means any matter expressed or described upon any substance by means of
letters, figures or marks or by more than one of those means, indented to be used or
which may be used for purpose or recording that matter.”

FORENSIC SCIENCE Paper No. 8: Questioned Documents

Module No. 1: Introduction to Questioned Documents
 Illustrations

 A writing is a document;
 Words printed, lithographed or photographed are documents;
 A map or plan is a document;
 An inscription on a metal plate or stone is a document;
 A caricature is a document.

3.2 Indian Penal Code

Section 29 of Indian Penal Code defines documents as follows:

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Module No. 1: Introduction to Questioned Documents
 4. Questioned Document

A questioned document is defined as the document whose authenticity is challenged on a

number of grounds; or a document or a part of document become a questioned document
when its source of origin is doubtful or under question. Such documents are also known
as ‘disputed’ or ‘contested’ documents.

5. Authenticity of the Document

There can be many instances where the authenticity of the document is challenged. Let us
discuss few such situations, when the authenticity of the document is or can be
challenged:

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Module No. 1: Introduction to Questioned Documents
  When signature or thumb impression on the document are not genuine.

The document, defied with regard to genuineness of the initials or thumb imprint of the
executant(s) or that of the attesting witness (es) sets up the largest number as being the
questioned document. Several times person denies their signature or thumb impressions,
and on the basis of this we can categorize the document i.e., a genuine or forged. When
the executants is required to admit or to deny the signature or thumb impression on a
document in dispute, he generally denies his signature on the document by assuming that
if the signs are admitted, the subjects of the document will be verified, which may go
against him. Thus, in these cases executant may claim that he does not know the script in
which the signatures under dispute are made or that he is an illiterate person. On the other
hand, it is not rare that documents created by forging the signatures so as to cheat or
claim benefits from those individuals whose signs have been forged.

 If signature is admitted but the subject matter is challenged

A clever forger prepares documents by using signature obtained on blank paper by

trickery or by using the available blank space above the signatures on some other
documents and then tearing off the portion containing previous writing. In this way, the
matter of the document becomes challenged or the whole document becomes questioned
document.

 If there is any alteration in the document then also document is

questioned
The documents which are alleged to have been altered by removing some matter or by
erasing or by the addition of words, strokes or lines in the blank spaces or by replacing or
altering by deletion or addition of strokes or letters. These are also some times defied on
the foundation of consecutive order of entries, identity of pen and ink, alteration in
amount, obliteration, sequence of writing or typewriting on a paper that has been folded
to check whether it was folded after or before the writing.

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Module No. 1: Introduction to Questioned Documents
  Photocopies and carbon copies (traced) are also challenged documents.
Sometimes, the photocopies and carbon copies of document are challenged by claiming
that the produced documents are not the real ones. Some changes have been done in
photocopy by adding or deleting some of the portion(s) of writing during the process.
Nonetheless, these types of cases are very rare.

 Anonymous letters
Anonymous letters are also the type of questioned document in which letters are written
to the victim, for blackmailing and/or threatening due to writer’s disturbed sex condition,
love failure, family rivalry, religious, political prejudice or any other reason. In this case
the document examiner is asked to determine the authorship of such anonymous letters
by comparing the writing there in with writing of suspect(s).

 If the document is challenged on the basis of Age of document

This class of documents includes those documents, in which the age of document or a
part of document or the sequential order of various parts of documents are questioned. In
such cases the chief task of document examiner is to determine the age of document and
to ascertain whether the document is actually older or not as it purports to be. The cases
of back dating of documents are not uncommon. The varying sequences of strokes and on
the basis of revenue stamps, documents are termed as forged or invalid.

6. Preliminary examination of Question Document

An examination of a disputed document is a scientific problem and it is no longer

confined to comparison of signature or writing but it also includes examination of ink,
typed matter, printed matter, watermark and all other elements that combine together to
form a document. The examination of a document is not complete until its every element
has been studied and examined thoroughly.

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Module No. 1: Introduction to Questioned Documents
 Points which are generally considered in the preliminary examination:
1) Is the paper of unusual size and was it cut or trimmed by hand at any margin?
2) How many times, the paper has been folded and what is the sequence of folds?
3) Does the paper bear any marks of artificial ageing and has the paper been torn,
wetted, mutilated in any way and if so, then what are the probable reasons?
4) Does the paper bear indentation marks on the front side or embossed strokes on
the reverse side?
5) Does the paper show any physical or chemical erasing, obliteration, substitution
or alteration of any kind?
6) Was the document written or typed before or after the paper was folded?
7) Was more than one kind of ink or pens used to write the body writing of the
document?
8) Does the document show any unnatural spacing between the written or typed
lines?
9) Is the body writing of document written in continuity by one and the same writer?
10) Any unusual feature, etc.

Forgery owes it origin to the inborn tendency in human beings to imitate, to which we
may trace all arts, fines or useful. Its detection is possible through another trait known as
inherent quality of imperfection attending all human acts and performance. The
‘counterfeit’ looks alike but doesn’t reach upto the genuine. It would be more true to say
that nature never repeats itself than to assert the contrary.

According to Section 73 of Indian Evidence Act,

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Module No. 1: Introduction to Questioned Documents
 The Court can summon any individual to write words or figures for the purpose of
comparison of sample documents with the questioned ones.

Thus, the courts are authorized to compare the disputed writing with the specimen and
form their opinion, but if the judges or magistrate have never studied anything about the
scientific examination of handwriting or no skilled expert is available to help them with
reasoning, they may feel at loss. The comparison of handwriting and evidence of
especially skilled specialist is allowed under section 45 of Indian evidence act, which
states that

To understand the natural phenomenon, certain principles which have been established
after long practice and experience should be followed and these principles will enable the
individual better to come to realities. To the inexperienced eyes of a lay man the
production caused by weaving inwardly or outwardly of a line will have no other
significance than an irregularity in drawing or writing, but to an experienced and
educated specialist, these production and conditions occurring in them will be indicative
of the results of the muscular changes that a person has attained after a long practice.

7. Summary

 A document is any written material, but a document can also be made with
pictures and sound.
 Sec 3 of Indian Evidence act defines the document as any matter expressed or
described upon any substance by means of letters, figures or marks or by more
than one of those means, indented to be used or which may be used for purpose or
recording that matter.

FORENSIC SCIENCE Paper No. 8: Questioned Documents

Module No. 1: Introduction to Questioned Documents
  According to Section 29 of Indian Penal Code

 To prove the authenticity of the document is important for the admissibility of the
document.
 According to Section 73 of Indian Evidence Act,

 The Court may direct any person present in Court to write any words or figures
for the purpose of enabling the Court to compare the words or figures so written
with any words or figures alleged to have been written by such person.
 The examination of a document is not complete until its every element has been
studied and examined thoroughly which may need an expert opinion.
 The comparison of handwriting and evidence of especially skilled specialist is
allowed under section 45 of Indian evidence act, which states that

FORENSIC SCIENCE Paper No. 8: Questioned Documents

Module No. 1: Introduction to Questioned Documents