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Unit 1-1

This document provides an overview of key concepts in forensic science, including: 1) It defines forensic science as the application of science to address legal matters, and notes its significance in criminal investigations. 2) It discusses the scientific method, hypotheses, different types of evidence and its classification, and principles of forensic science such as the Frye rule and Daubert standards. 3) It also briefly outlines the qualifications, duties, and code of conduct for forensic scientists, as well as the importance of proper data depiction and report writing in the field.

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0% found this document useful (0 votes)
90 views71 pages

Unit 1-1

This document provides an overview of key concepts in forensic science, including: 1) It defines forensic science as the application of science to address legal matters, and notes its significance in criminal investigations. 2) It discusses the scientific method, hypotheses, different types of evidence and its classification, and principles of forensic science such as the Frye rule and Daubert standards. 3) It also briefly outlines the qualifications, duties, and code of conduct for forensic scientists, as well as the importance of proper data depiction and report writing in the field.

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Hem Pancholi
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Unit-1 Introduction to

FS
Science, basic VS applied, scientific method (deductive &
Inductive logic), scientific hypotheses, Law & legal systems
(Patriarch, The sovereign, customary, a legal code, Individuals,
contractual relationships), relevance of Forensic evidence in
criminal trials, Forensic science (significance in Criminal
investigation, branches), Definition of forensic science; scope
and need of forensic science; Functions of Forensic Science;
Evidence; classification of evidence: according to Indian
Evidence Act, based on nature of evidence, class and individual
evidence; Principles of forensic science; Frye Rule; Daubert
Standards; Terminologies in forensic science: First responder,
chain of custody, mahazaar; Code of conduct for forensic
scientists; Qualifications of forensic scientists; Duties of
forensic scientists; Data depiction; Report writing. Ethics in
What is
science?
Science, any system of knowledge that is concerned
with the physical world and its phenomena and that
entails unbiased observations and systematic
experimentation. In general, a science involves a
pursuit of knowledge covering general truths or the
operations of fundamental laws.
Science can be divided into different branches based on
the subject of study.
The physical sciences study the inorganic world
and comprise the fields of astronomy, physics,
chemistry, and the Earth sciences. The biological
sciences such as biology and medicine study the organic
world of life and its processes. Social
sciences like anthropology and economics study the
social and cultural aspects of human behaviour.
Two Types of Science: Basic Science and
Applied Science
Basic science or “pure” science seeks to expand knowledge
regardless of the short-term application of that knowledge.
It is not focused on developing a product or a service of
immediate public or commercial value. The goal of basic
science is knowledge for knowledge’s sake; though this
does not mean that, in the end, it may not result in a
practical application.
In contrast, applied science or “technology” aims to use
science to solve real-world problems such as improving
crop yields, finding a cure for a particular disease, or
saving animals threatened by a natural disaster. In
applied science, the problem is usually defined for the
Scientific method (deductive &
Inductive logic)between
The main difference inductive and deductive reasoning is
that inductive reasoning aims at developing a theory while
deductive reasoning aims at testing an existing theory.
In other words, inductive reasoning moves from specific
observations to broad generalizations. Deductive reasoning works
the other way around.
Scientific hypotheses

A scientific hypothesis is a tentative statement that may not have a


surety.
A hypothesis in science is a paper-made explanation about a
scientific phenomenon or a narrow set of phenomena observed in
nature. Scientists work on the previous knowledge and they
believe that to be useful in a science a hypothesis must be able to
satisfy the previous observations. To be scientifically valid a
hypothesis must be testable and the result must be accurate. In
this article, we will discuss hypothesis definition science,
hypothesis definition scientific method in detail.
Law & legal systems
Law is a set of obligations and principles imposed by the
government for securing welfare and providing justice to society.
India’s legal framework reflects the social, political, economic,
and cultural components of society. The common law system
garnered its roots throughout the history of the legal system in
India. The main sources of law in India are the Constitution,
statutes, customary law and the judicial decisions of superior
courts.
A legal system is the framework of rules, procedures, and
institutions that a community uses to interpret and enforce their
laws.
The classification of laws in the Indian judiciary system:
Criminal Law (Murder, rape, theft, and assault are all examples
of criminal offences under the law.)
Civil Law (Some examples of civil law are defamation, breach of
contract, and a dispute between landlord and tenant.)
Patriarchy is a system of relationships, beliefs, and values
embedded in political, social, and economic systems that
structure gender inequality between men and women.
Attributes seen as “feminine” or pertaining to women are
undervalued, while attributes regarded as “masculine” or
pertaining to men are privileged.
Sovereign is a title that can be
applied to the highest leader in
various categories. The word is
borrowed from Old
French souverain, which is
ultimately derived from
the Latin superānus, meaning
'above'.
The roles of a sovereign vary
from monarch, ruler or head of
state to head of municipal
government or head of a chivalric
order. As a result, the
word sovereignty has more recently
also come to mean independence or
autonomy. The word sovereign is
frequently used synonymously
Legal code refers to a set of laws or statutes that have been
formally adopted by a government or other legislative body. It is
the written body of laws that govern a particular jurisdiction,
such as a state or country. These laws may cover a wide range of
topics, including criminal and civil matters, property rights, and
regulations for businesses and other organizations. Legal codes
are usually created by a legislative body, such as a parliament or
congress, and are enforced by the judicial branch of
government.

Individuals
A contractual relationship is a legal bond between at least two
people who agree to at least one term or promise.
A contractual relationship is a legal bond between at least two
people who agree to at least one term or promise.
A contract is a written or oral agreement between two or more
individuals that is legally enforceable and contains at least one
promise for one party to do something for the other.
A contract includes several key elements:
• Legal enforceability
• A written or oral agreement
• A relationship of exchange
• A minimum of one term or promise
One of the most critical attributes of a legal contract is that both
parties enter into the relationship on a voluntary and consensual
basis. In order to qualify as a legal contract, two parties must be
involved, but no legal limits exist on how many potential parties
could enter into the transaction.
Relevance of forensic evidence in criminal trials &
significance in Criminal investigation
Forensic evidence plays a crucial role in the criminal justice system
in India. It provides an objective and scientific basis for establishing
the guilt or innocence of a suspect, which is essential for ensuring
justice and fairness in criminal trials. Forensic evidence is also
important in identifying perpetrators of crime and establishing the
facts of a case.
Forensic evidence includes any physical or digital evidence that can
be used to solve a crime. This evidence can be gathered from crime
scenes, victims, suspects, or witnesses. Forensic science covers a
range of disciplines, including DNA analysis, ballistics, toxicology,
digital forensics, and fingerprint analysis.
The Central Forensic Science Laboratory (CFSL) is the premier
forensic laboratory in India, and it has regional branches in
different parts of the country.
It helps to identify suspects, establish the facts of a case, and link
suspects to the crime scene. Forensic evidence can also be used to
support or refute witness testimony and to establish the cause of
death in cases of homicide. The use of forensic evidence in
criminal trials has been crucial in ensuring that the guilty are
convicted and the innocent are acquitted.
Forensic evidence is objective, unbiased, and based on scientific
principles. It provides a level of certainty and accuracy that other
forms of evidence cannot match. The use of forensic evidence in
criminal trials also promotes transparency and accountability in
the criminal justice system. It helps to ensure that justice is served
and that the rights of the accused and the victims are protected.
Definition of forensic
science
The term 'Forensic' is derived from the Latin word 'forensis' which
means belonging to courts of justice or to public discussion and
debate. 'Forensic Science' would, therefore, mean the science which
is used in the courts of justice. 'Forensic Science' can be defined
more broadly as that scientific discipline which is directed to the
recognition, identification, individualization, and evaluation of
physical evidence by the application of the principles and methods
of natural sciences for the purpose of administration of criminal
justice. 'Criminalistics' is another synonymous term which is
commonly used in U.S.A. 'Forensic Science' embraces all branches
of physical and natural sciences, chief among them being chemistry,
biology, physics and geology. Over the years it has developed its own
branches, which are more or less the exclusive domain of forensic
science. Anthropometry. fingerprints, footprints, documents,
ballistics, odontology, serology were essentially developed to aid
Scope and need of forensic science
https://www.studocu.com/in/document/punjabi-university/llb/definition-nothing/50238942

Functions of Forensic
Science
https://careertrend.com/list-main-functions-forensic-scientist-25519.html
Evidence

https://www.vidhikarya.com/legal-blog/indian-evidence-act-at-a-
glance#Types_of_Evidence_in_the_Evidence_Act,_1872
Classification of evidence: according to indian
evidence act
General Nature of the Evidence:
According to the general nature of items, the physical evidence
can be classified as physical, chemical, or biological (the
biological can be related to human, animal or vegetable). In this
scheme, the examples of physical would be a paint, plastic, glass,
firearm, cartridge case, tool, tool mark, whereas a drug sample
would be chemical. Examples of Biological would include hair,
pollen grains, and bloodstains DNA etc. Besides having limited
value, this scheme might serve to remind the investigator the
type of precaution required to collect and preserve the items of
the biological category, which are perishable.
Principles of forensic
science
The Frye Standard

In 1923, the first attempt has been made in US to develop a coherent


test for the admissibility of scientific evidence in the court of law by
issuing a landmark judgement in a case of Frye v. United States, 293
F. 1013 (D.C. Cir. 1923). The Columbia (US) district Court rejected the
scientific validity of the Lie Detector (polygraph) test because the
technology did not have significant general acceptance at that time.
This federal case has been decided by the District of Columbia
Circuit in 1923.
The judgement in Frye case considered the admissibility of
testimony which was based on the systolic blood pressure test and
was a precursor to the modern polygraph test. The court declared
that a novel scientific technique must be sufficiently established to
gain general acceptance in that relevant scientific field to which it
belongs. Thus, under the standards set by Frye, it is not enough that
an expert or experts are qualified individual to testify that a
particular technique is valid. But the special requirement of Frye
standard was that particular scientific evidence is allowed into the
courtroom only if it is generally accepted by the relevant scientific
community.
The Daubert’s Standard
In 1993, the ruling of U.S. Supreme Court in case of Daubert v.
Merrell Dow Pharmaceuticals, Inc., which is also known as The
Daubert Ruling, provided a detailed framework to help the judges
to determine the relevancy and reliability of evidences which are
to be produced in the courts by the experts. In this case, two
children born with serious birth defects and alleged that the
Benedictine (produced by Merrell Dow Pharmaceuticals Company),
an anti-nausea drug used by pregnant women, claimed to contain a
combination of dicyclomine hydrochloride and doxylamine
succinate, which is teratogenic has caused the birth defects.
Merrell Dow’s expert submitted documents showing that no
published scientific study demonstrated a link between
Benedictine and birth defects. On the contrary, Plaintiff were failed
to produce evidences which could suggest that Bendectine causes
birth defects as their methodologies had not yet gained acceptance
This standard transformed the landscape of expert testimony by
placing the responsibility on trial judges to act as "gatekeepers" of
scientific evidence.
The Daubert case introduced a more comprehensive approach that
requires judges to scrutinize not only the expert's methodology but
also the underlying scientific principles. This shift aimed to curtail
the admission of pseudoscientific or unreliable expert testimony.
Judges are required to assess the methodology and reasoning behind
an expert's opinions, rather than simply relying on the expert's
credentials or reputation.
Under the Daubert Standard, the trial court considers the
following factors to determine whether the expert’s methodology is
valid:
1. Whether the technique or theory in question can be, and has been
tested;
2. Whether it has been subjected to publication and peer review;
3. Its known or potential error rate;
4. The existence and maintenance of standards controlling its
operation; and
5. Whether it has attracted widespread acceptance within a relevant
scientific community.
First responder — the officer who responds first to the scene
— has the responsibility to protect the public and the crime scene
and control the changes made to the crime scene to the best of
their ability. The first responsibility of a first responder after
making sure that they themselves do not introduce change to the
scene is public safety. This means the safety of the officer as well as
the citizens.
To protect themselves and the citizens, it is important for the first
responder to park away from the scene. This is so that if there is
still a suspect at the scene, the presence of an officer will not be
obvious and will not make matters worse. Also for public safety
reasons, it is important for the first responder to search the scene
for a suspect. Doing this search might involve the police officer
leaving some traces of their presence.
However, this should still be minimal, and the first responder
should try to limit what they touch and where they go. Once the
scene is deemed safe, the officer must secure the scene. The steps
are as follows:
A. Rope off a VERY LARGE area around the scene.
B. Keep EVERYONE out and away from the scene.
C. Ensure that only authorized persons are allowed
inside the crime scene.
There are two factors that could potentially change the crime scene:
people and the weather. People can be controlled by keeping
everyone who is not law enforcement away from the scene. When
people do enter the scene, it is important to keep a log. The log
should include the following:
A. The name of each person entering the scene
B. The date and time each person entered the scene
C. The reason for each person entering the scene
D. The date and time each person exits the scene
This log is necessary so that any additional evidence that could
be left inside is recorded. If this additional evidence is examined
in court, there are records to show that this person entered the
crime scene for a particular reason and that they were rightfully
there because the first responder gave them the okay.
The final job of a first responder is to interview and question
potential witnesses and potential suspects. It is important to
keep in mind that a first responder should not interview or
question at length. Questioning at length should be left for
follow-up officers, because your main duty as a first responder is
to secure the scene and to protect the scene and the people.
Chain of custody
The chain of custody is a tracking record beginning with detailed
scene notes that describe where the evidence was received or
collected. Collection techniques, preservation, packaging,
transportation, storage and creation of the inventory list are all part
of the process used in establishing the chain of custody. The chain of
custody is established whenever an investigator takes custody of
evidence at a crime scene. The chain is maintained when evidence is
received from another officer or detective.
A clear, well-documented chain of custody should be established
through a process that includes the following:
• Taking notes, including documentation of the recovery location,
the time and date recovered or received, description of the item,
condition of the item and any unusual markings on or
alterations to the item.
• Marking and packaging the evidence.
• Sealing the evidence.
• Preparing the chain-of-custody record.
The chain-of-custody record for all items collected from the
scene must include the following:
Unique identifier.
Item description.
Identity of the person who collected the item.
Time and date of collection.
Location where item was found.
"Mahazar"
In Indian law, the term "mahazar" typically refers to a written
statement or report prepared by a police officer or an investigating
officer regarding the discovery or seizure of evidence or property
during the course of an investigation. It is an important legal
document that records the details of what was found, where it was
found, and
1. Purpose: under
The what purpose
primary circumstances.
of a mahazar is to create an official
record of the facts surrounding the discovery or seizure of items
during a criminal investigation. It helps maintain transparency and
accountability in the investigative process.
2. Contents: A mahazar generally includes details such as the date and
time of discovery, the location where the items were found, the
names and details of witnesses and officials present, a description
of the items discovered or seized, and the signatures of the
witnesses.
1. Witnesses: Witnesses play a crucial role in the preparation of a
mahazar. They are typically independent individuals who can
attest to the accuracy of the information recorded in the
document.
2. Admissibility in Court: Mahazars are often presented as evidence
in court proceedings to establish the chain of custody and the
legality of the discovery or seizure. Properly prepared and
documented mahazars carry significant weight in legal
proceedings.
3. Protection of Rights: The preparation of a mahazar is important in
safeguarding the rights of individuals involved in a criminal case.
It ensures that items seized are accounted for and prevents
tampering or planting of evidence.
4. Legal Framework: The procedure for preparing a mahazar is
governed by various laws and regulations, including the Criminal
Procedure Code (CrPC) in India. Section 100 of the CrPC, for
example, deals with the search of a place suspected to contain
Code of conduct for forensic scientists
1. Objectivity and Impartiality: Forensic scientists must remain
impartial and unbiased in their work. They should not have a
personal or financial interest in the outcome of a case and should
not allow their opinions to be influenced by external factors.
2. Integrity and Honesty: Forensic scientists are expected to conduct
their work with the utmost integrity and honesty. They should
accurately report their findings and not fabricate or alter evidence.
3. Competence: Forensic scientists should be well-trained and qualified
in their respective disciplines. They should continuously update
their knowledge and skills to stay current with advancements in
their field.
4. Confidentiality: Forensic scientists are often privy to sensitive and
confidential information related to criminal investigations. They
must maintain the confidentiality of this information and not
disclose it to unauthorized parties.
1. Independence: Forensic scientists should not be unduly influenced
by law enforcement agencies or other stakeholders in a case. Their
conclusions should be based on scientific evidence and analysis,
not external pressure.
2. Documentation: Thorough documentation of all aspects of the
analysis is essential. This includes recording the methods used,
the results obtained, and the reasoning behind their conclusions.
Proper documentation helps ensure transparency and allows for
peer review.
3. Quality Assurance: Forensic laboratories and scientists should
adhere to rigorous quality assurance and quality control practices.
This includes maintaining accreditation, proficiency testing, and
adherence to established protocols and standards.
4. Testimony: When called to testify in court, forensic scientists
should provide clear and unbiased testimony. They should
accurately represent their findings and avoid making speculative
1. Continuous Learning: Forensic scientists should engage in
continuous learning and professional development to stay
updated with the latest scientific advancements, techniques,
and legal developments.
2. Ethical Considerations: Forensic scientists should consider the
ethical implications of their work, especially when it involves
potentially life-altering consequences, such as in criminal cases
involving capital punishment.
3. Courtroom Etiquette: When appearing in court, forensic
scientists should conduct themselves professionally and
respectfully. They should be prepared to answer questions from
both the prosecution and the defense, as well as from the judge
and jury.
Code of conduct for forensic scientists, Ethics in
Professionalism
1.Forensic Science
Are independent, impartial, and objective, approaching all examinations
with due diligence and an open mind.
2. Conduct complete and unbiased examinations. Conclusions are based on
the evidence and reference material relevant to the evidence, not
extraneous information, political pressure, or other outside influences.
3. Render conclusions only within their area of expertise, and about matters
which they have given formal consideration.
4. Honestly communicate with all parties (the investigator, prosecutor,
defense, and other expert witnesses) about all information relating to their
analysis, when communications are permitted by law and agency practice.
5. Report to the appropriate legal or administrative authorities any unethical,
illegal, or scientifically questionable conduct of other forensic scientists or
laboratory employees.
6. Report conflicts between their ethical/professional responsibilities and
applicable agency policy, law, regulation, or other legal authority, and
attempt to resolve them.
Competency and Proficiency

8. Base their opinions and conclusions on scientifically validated and


generally accepted methods and tests.
9. Are committed to career-long learning in their forensic disciplines and
stay abreast of new equipment and techniques while guarding against the
misuse of methods that have not been validated.
10. Are properly trained and competent prior to undertaking the
examination of evidence.
11. If applicable, complete regularly scheduled:
• proficiency tests within their forensic discipline(s);
• comprehensive technical reviews of fellow examiners’ work;
• verifications of conclusions.
12. Give utmost care to the treatment of all samples or items of potential
evidentiary value to avoid tampering, adulteration, loss or unnecessary
consumption.
13. Use appropriate controls and standards when conducting examinations
and analyses.
Clear Communication

14. Accurately represent their education, training, experience and area of


expertise.
15. Present accurate data in reports, testimony, publications and oral
presentations.
16. Make and retain full, contemporaneous, clear and accurate records of
all examinations and tests conducted, and conclusions drawn, in
sufficient detail to allow meaningful review and assessment of the
conclusions by an independent person competent in the field.
17. Do not alter reports or other records, or withhold information from a
report for strategic or tactical litigation advantage.
18. Support sound scientific techniques and practices, and never pressure
another examiner or technician to arrive at conclusions or results that
are not supported by data.
19. Accept their moral obligation to assure that the court understands the
evidence as it exists, and to present that evidence in an impartial manner.
20. Provide complete and informative testimony, for example by
Duties of forensic scientists
• A forensic scientist collects, identifies, classifies, and analyzes physical
evidence related to criminal investigations.
• Collect evidence from crime scenes and stores it in conditions that
preserve its integrity.
• Perform tests on weapons or substances, such as fibre, hair, and tissue
to determine significance to investigation.
• They may testify as expert witnesses on evidence or crime laboratory
techniques. They may serve as specialists in the area of expertise, such
as ballistics, fingerprinting, handwriting, or biochemistry.
• Keep records and prepare reports detailing findings, investigative
methods, and laboratory techniques.
• Testify in court about investigative or analytical methods or findings.
• Use photographic or video equipment to document evidence of crime
scenes.
• Visit morgues, examine scenes of crimes, or contact other sources
to obtain evidence or information to be used in investigations.
• Reconstruct crime scenes to determine relationships among
pieces of evidence.
• Operate and maintain laboratory equipment and apparatus.
• Confer with ballistics, fingerprinting, handwriting, documents,
electronics, medical, chemical, or metallurgical experts
concerning evidence and its interpretation.
• Prepare solutions and sample formulations needed for
laboratory work.
• Use chemicals or other substances to examine latent fingerprint
evidence.
• Compare developed prints to those of known persons in
databases.
Data depiction in forensic science is a crucial aspect of the
investigative process, as it involves presenting and interpreting
information gathered from various sources to support the resolution
of criminal cases. Forensic scientists use various methods and
technologies to depict data accurately and effectively. Here are some
common techniques and tools used for data depiction in forensic
science:
1. Photography and Imaging: High-quality photographs and imaging
techniques, such as scanning electron microscopy (SEM), infrared
spectroscopy, and ultraviolet-visible spectroscopy, are employed to
capture visual evidence. These images can be enhanced and
manipulated to reveal details not visible to the naked eye.
2. Fingerprint Analysis: Fingerprint data is depicted using specialized
software that matches and visualizes the unique ridge patterns in
fingerprints. This helps in identifying individuals and linking them to
1. DNA Profiling: DNA data is represented as electropherograms,
which are graphical representations of DNA fragments. These
electropherograms are used to compare DNA profiles from different
samples and individuals.
2. Ballistics and Firearms Analysis: Firearms and ammunition
components are analyzed using tools like comparison microscopes
and bullet trajectory reconstruction software. Data on bullet
striations and markings are depicted to determine firearm
associations.
3. Toxicology: Toxicological data, such as the presence of drugs or
toxins in biological samples, is depicted through chromatography
and mass spectrometry graphs, showing concentration levels and
chemical structures.
4. Bloodstain Pattern Analysis: Bloodstain pattern analysis relies on
the depiction of bloodstains to reconstruct the events surrounding a
crime. This often involves creating diagrams and charts to show the
direction and impact of blood droplets.
1. Crime Scene Sketches and Diagrams: Forensic investigators create
sketches and diagrams of crime scenes to depict the positions of
evidence, bodies, and other relevant details. These visual aids help in
reconstructing the sequence of events.
2. Chemical Analysis: Spectroscopy and chromatography techniques are
used to depict the results of chemical analyses, such as identifying the
composition of substances found at a crime scene.
3. Autopsy Reports: Forensic pathologists produce detailed autopsy
reports that include written descriptions, photographs, and diagrams
to depict injuries, cause of death, and other relevant findings.
4. Data Visualization Software: Forensic scientists may use specialized
software tools for data visualization, allowing them to create charts,
graphs, and 3D reconstructions of crime scenes or evidence.
5. Courtroom Presentations: Forensic experts often testify in court,
where they use various techniques, including visual aids, to depict and
explain their findings to judges and juries.
https://bnwjournal.com/2022/08/31/forensic-report-writing/
Report writing
The result of forensic-related investigations is detailed in a forensic
report. These reports are often used for several purposes, including
billing, affidavits, and as proof of what was found or not found. These
reports are very important to a case. The expert opinions and reports
to various courts in India and abroad.
Basic components of a forensic report include articulating a referral
question, and sources of information, presenting relevant data and
then giving an expert opinion without being biased, grammatically
correct text, and avoiding jargon, opinions, and data should be linked
or related. A forensic report is usually related to or about the subject
and not for the subject. This forensic report proves useful in court
proceedings and can also influence the decision of the court.
Section 45 of the Indian Evidence Act allows the expert to give
opinions and reports to the court in India.
Section 46 of the Indian Evidence Act 1872 – it is stated that facts, not
otherwise relevant, are relevant if they support or are inconsistent

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