Assignment on Forensic Science

Title: Indian Judiciary on Forensic Science and Law

Name: Dathranghok Robert Sean Pajat

Roll No. : 19
Semester: Tenth (10th) Semester of January 2024- July 2024
Name of institution: Department of Law, North Eastern Hill University,
Shillong.
Submitted to: A. K. Singh

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 Table of Contents

Sl no. Contents Pg No.

1 Introduction 2

2 Legal Framework and Provision 3-4

3 Categorization of Forensic Science 5-8

4 Legal Provision supporting Forensic Analysis Criminal 9-10

Investigation
5 Standard of Admissibility 11-13

6 Restrictive application for forensic evidence in Indian judiciary 14

system
7 Obstruction Faced by allied Subsidiaries 15

8 Role of Forensic Science in Special Types of Crime 16

9 Conclusion 17

10 Bibliography 18

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 Introduction
Forensic science is where science meets the law. It is highly significant in both civil and criminal
cases. The tangible evidence retrieved from the crime site is known as forensic evidence. The
fragments of evidence discovered at the scene of the crime are crucial for the foundation of a just
verdict. With the documents serving as the major evidence, they are regarded as secondary
evidence. In a court of law, primary and secondary evidence are offered to aid the judge in
comprehending the facts and rendering a decision.

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.

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.

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 Legal Framework and Provision
The legal acceptance and treatment of forensic evidence in India are rooted in a combination of
British-inherited laws and India’s own evolving legal statutes and judicial interpretations.

a. The Indian Evidence Act, 1872

This cornerstone legislation defines the admissibility of evidence in Indian courts and lays the
groundwork for the use of expert testimony.

i. Expert Testimony: Section 45 Analysis

Section 45 of the Indian Evidence Act permits the opinions of experts to be considered in matters
of science, art, or foreign law where the court deems it necessary. This includes forensic experts
whose insights are crucial to interpreting technical evidence. For example, in the landmark
judgment of State of Himachal Pradesh vs. Jai Lal and Others, the Supreme Court underscored
the need for a cautious approach while dealing with expert opinions, emphasizing the experts’
role as aides to the judges.

ii. Evidence Classification: Understanding Section 3

Evidence in Indian law is broadly categorized into oral and documentary. Forensic evidence,
while often derived from physical objects, is usually presented in the form of expert reports and
thus is considered documentary. The Evidence Act under Section 3 also recognizes ‘evidence’ as
including electronic records, which becomes increasingly relevant with the rise of digital
forensics.

b. Procedural Laws: CrPC and IPC Overview

The Code of Criminal Procedure (CrPC) and the Indian Penal Code (IPC) provide the procedural
backbone for criminal proceedings. The CrPC outlines the procedures for collecting evidence,
including forensic evidence, ensuring its integrity through the chain of custody and sanctioning
its analysis by forensic laboratories. The IPC defines offenses and prescribes punishments where
forensic evidence often plays a pivotal role in establishing the guilt or innocence of the accused.

c. Jurisprudence and Precedents

Judicial precedents shape the practical application of forensic evidence in India. The courts,
through various judgments, have provided clarity on the nuances of forensic evidence.

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i. Supreme Court Directives

The apex court has issued directives to standardize the treatment of forensic evidence. For
instance, in Selvi & Ors. v. State of Karnataka, the Supreme Court addressed the admissibility of
narco-analysis, brain mapping, and polygraph tests, framing guidelines for their use.

ii. High Court Observations

High courts across India have also contributed to the jurisprudence on forensic evidence. Their
observations often involve the interpretation of the Evidence Act in light of emerging scientific
advancements.

iii. Lower Court Applications

The lower courts are typically the first to encounter and apply forensic evidence in criminal
trials. Their application of forensic science is informed by higher court rulings and the
established procedures within the CrPC.

d. Supreme Court Judgments Shaping Forensic Evidence Rules

The Supreme Court’s judgments have had a profound impact on the use of forensic evidence. For
example, guidelines were laid out for DNA testing in paternity disputes, which have since been
applied in criminal cases as well.

In summary, the legal framework governing forensic evidence in India is a complex tapestry
woven from the Indian Evidence Act, procedural laws, and a multitude of judicial decisions.
Each case that leverages forensic evidence serves to refine the legal principles and practices
surrounding its admissibility and application.

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 Categorization of Forensic Evidence
The Indian criminal justice system recognizes a variety of forensic evidence types, each with its
own set of investigative techniques and legal considerations.

a. Biological Evidence or Medical Forensics

Biological evidence refers to any sample of biological material — such as hair, tissue, bones,
teeth, blood, semen, or saliva — from which DNA can be extracted.

i. DNA Profiling: Advancements and Applications

DNA profiling has become a staple of forensic investigation due to its high degree of reliability.
Advancements in DNA technology, such as STR (Short Tandem Repeat) analysis and
mitochondrial DNA profiling, have increased the accuracy of matching samples to individuals.
The DNA evidence plays a crucial role in linking the accused to the crime, setting a precedent
for its admissibility.

ii. Blood Typing and Serological Analysis

Blood typing can exclude suspects who do not match the blood type found at a crime scene.
Serological analysis further examines the proteins and enzymes in bodily fluids, providing a
more detailed genetic picture. Although not as definitive as DNA profiling, these methods are
still valuable investigative tools.
For example, in the 2012 Nirbhaya rape case, DNA evidence was critical in identifying and
convicting the perpetrators.

Biological evidence like semen and hair samples can be pivotal in sexual assault cases to identify
the perpetrator and establish lack of consent.

iii. Postmortem Reports

Postmortem reports, often referred to as autopsy reports, are vital documents in forensic science.
They provide a detailed account of the findings from an examination of a deceased individual.
These examinations are critical in determining the cause and manner of death, whether it be from
natural causes, accidental incidents, or foul play.

An autopsy can reveal various pathologies, including those that may not have been apparent
prior to death. It involves a thorough examination of the body, including the internal organs, and
may also include toxicological testing to identify any chemicals, drugs, or poisons present in the
body. The findings in postmortem reports are crucial for establishing timelines in criminal
investigations and can provide substantial evidence in court, especially in cases of

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suspected homicide or unexplained death.

iv. Medico-Legal Certificates (MLC)

Medico-Legal Certificates are documents issued by medical practitioners or hospital authorities

that record the examination findings of individuals who have sustained injuries under
circumstances that suggest a criminal offense. An MLC includes detailed descriptions of the
injuries, the possible instruments used, the time frame of the injuries relative to the examination,
and any other observations that could be relevant for legal proceedings.

MLCs are often required when individuals are brought into a medical facility under conditions
that suggest assault, abuse, traffic collisions, or any incident that could lead to legal action. These
certificates serve as an official record that law enforcement and judicial systems rely on for
evidence in cases involving bodily harm. They can help to corroborate testimonies, confirm or
disprove alibis, and establish the severity and nature of the injuries sustained.

b. Physical Evidence

Physical evidence includes any material items that can be physically or chemically analyzed.

i. Fingerprinting Methods and Efficacy

Fingerprint analysis is one of the oldest forensic techniques. India’s unique contribution to
fingerprinting — the Henry Classification System — is still in use worldwide.

ii. Trace Evidence: Fibers, Paint, and Other Materials

Trace evidence analysis can link a suspect to a crime by comparing materials found on them to
those at the crime scene. This includes fibers, paint, glass, and soil, among others. The
application of trace evidence was seen in the Nithari case (Noida serial murders), where forensic
analysis of hair and clothing fibers was key to the investigation.

c. Digital Forensics

Digital forensics involves the recovery and investigation of data found in electronic devices, an
area of growing importance in the digital age.

i. Cybercrime Investigations

With the rise of cybercrime, digital forensics has become central to identifying, collecting, and
preserving evidence from computers and networks. The Pune Citibank MphasiS Call Center
fraud is a case where digital forensic evidence was crucial in tracking down the perpetrators.

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ii. Data Recovery and Analysis

Data recovery can retrieve deleted, encrypted, or damaged electronic information. The analysis
of this data can reveal timelines, actions, and intentions, often pivotal in both cybercrime and
cases involving digital evidence.

d. Chemical and Toxicological Evidence

This category includes the analysis of chemicals, drugs, poisons, and other substances found at a
crime scene or within biological specimens.

i. Drug Analysis

Drug analysis not only identifies controlled substances but can also be used to trace their origin
or determine the impairment of individuals. The Mumbai rave party raid in 2012, which led to
multiple arrests, relied heavily on forensic toxicology reports.

ii. Poison Detection

Detecting poisons and their metabolites in biological specimens can be the decisive factor in
cases of suspected poisoning. The conviction in the Rajasthan poison tiffin box case was largely
due to toxicological evidence.

e. Psychological Forensics

Psychological forensics explores the mental state of individuals, offering insights into their
behavior and potential for committing crimes.

i. Profiling and Behavioral Evidence

Profiling involves analyzing a criminal’s behavior patterns to predict their traits and future
actions. This technique was notably used in the Shivani Bhatnagar murder case, where
psychological profiling supported the investigation.

ii. Lie Detector Techniques

While not conclusively indicative of deception, lie detector tests such as polygraphs are used to
support investigations. The Supreme Court, in Selvi & Ors. v. State of Karnataka1, has held that
involuntary administration of lie detector tests violates the right against self-incrimination.

f. Ballistic Evidence

Ballistic evidence pertains to the study of firearms and ammunition used in a crime.
1
AIR 2010 SC 1974

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The Ballistic analysis includes examining bullet trajectories, firearm mechanisms, and gunshot
residues to determine aspects such as the type of weapon used and the distance from which a
shot was fired. This form of evidence proved to be a linchpin in the Jessica Lal murder case,
helping to establish the sequence of events.

Legal provision supporting forensic analysis criminal investigation

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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 Article 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 Anr2. 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 Maharashtra3, 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 4. 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.

2
AIR 1961 SC 1808, 1962 SCR (3) 10
3
2004 ALL MR (Cri) 1704
4
AIR 2010 SC 1974

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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.

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 Standard of Admissibility
The admissibility of forensic evidence in Indian courts is a critical aspect that determines its
impact on judicial decisions. Various standards and procedural requirements are in place to
ensure that the evidence presented is not only relevant but also reliable and legally obtained.

a. The Four Aspects of Admissibility in Indian Law

Forensic evidence in India must satisfy four primary aspects to be admissible:

1. Relevance: The evidence must be pertinent to the case at hand, providing a direct or
indirect connection to an event or individual involved in the crime.
2. Legality: The evidence must be collected and presented in compliance with legal
procedures and rights, including search and seizure laws and the right against self-
incrimination.
3. Reliability: The scientific validity of the methods used to collect and analyze the
evidence must be established, often requiring validation by the scientific community.
4. Credibility: The persons presenting the evidence, typically forensic experts, must be
credible, with the requisite qualifications and absence of bias.
b. Establishing the Chain of Custody

A chain of custody is crucial for forensic evidence. It documents the evidence’s handling from
the crime scene to the courtroom, ensuring that it has not been altered, tampered with, or
contaminated. Breaks in the chain can lead to questions about the evidence’s integrity and may
result in its exclusion.

c. Accuracy, Precision, and Reliability of Forensic Methods

The scientific techniques used must have a known error rate and be subject to peer review and
standardization. For instance, DNA profiling has a high degree of accuracy, which is why it’s
often deemed reliable in court. However, newer methods, like certain digital forensic techniques,
may still be under scrutiny for their validity.

Understanding the Error Margins and Uncertainties in Forensic Evidence

While forensic evidence is a cornerstone of criminal investigations and legal proceedings, it is

crucial to acknowledge that no analytical method is free from the possibility of error. The
reliability of forensic evidence can be affected by a variety of factors, including the quality of the
sample, the methodology used in analysis, and the interpretation of results.

Error Margins

Forensic methods come with inherent error margins that can range from negligible to significant,
and these must be transparently communicated in forensic reports. For instance, DNA analysis is

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highly accurate, but the error margin, though small, becomes critical when determining guilt or
innocence. Errors can arise from sample contamination, mislabeling, or interpretative mistakes
during complex mixture analysis.

Uncertainty in Measurements

All measurements have some degree of uncertainty, a principle that holds true in forensic science
as well. The degree of uncertainty can affect the interpretation of forensic evidence, particularly
in disciplines like forensic toxicology, where the concentration of a substance can imply different
things about consumption, impairment, or the time of intake.

Standard Error Rates

Standard error rates are established for various forensic techniques, which are derived from
validation studies and proficiency testing. These rates help in understanding the probability of
false positives or negatives. For instance, fingerprint analysis is subjective and depends on the
examiner’s expertise, and while generally reliable, it has a known error rate that must be
considered during evaluation.

Judicial Awareness

It is essential for the judiciary to be aware of these limitations. The justice system must critically
evaluate forensic evidence, considering not only its weight but also the probability of error.
Experts should present evidence along with its error margins to aid the court in making informed
decisions.

Conclusion

Acknowledging the error margins and uncertainties does not diminish the value of forensic
evidence. Instead, it strengthens the judicial process by ensuring that decisions are made with a
full understanding of the evidence’s strengths and limitations. The continuous improvement in
forensic methodologies and stringent quality controls are also vital in minimizing these errors,
thereby enhancing the credibility and accuracy of forensic results.

d. Influence of Forensic Evidence on Judicial Decisions

Forensic evidence can profoundly influence the outcome of a case. In a landmark case, DNA
evidence was pivotal in convicting the accused, illustrating the weight such evidence can carry.
However, the judiciary also maintains caution, as seen in Ram Chander vs. State of Haryana,
where the Supreme Court held that the forensic evidence should be corroborated with other
evidence.

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e. Expert Witness Requirements in Indian Law

Experts presenting forensic evidence must meet certain criteria:

 Qualifications: They must have specialized knowledge, skill, experience, training, or

education in the relevant field.
 Impartiality: They should provide unbiased opinions based on the evidence.
 Relevance and Reliability: Their testimony must bear on the facts at issue and be
scientifically valid.
Furthermore, the relevance and reliability criteria for scientific evidence are often influenced by
landmark judgments. In State of Haryana vs. Bhagirath, the Supreme Court observed that
scientific advances necessitate a progressive approach towards the acceptance of expert
testimony, provided it meets the established criteria of reliability.

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 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.

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 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.

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 Role of Forensic Science in Special Types of Crime
Forensic science plays a distinctive role in investigating and solving various categories of crime.

a. Analysis of Violent Crimes: Homicide and Assault

Forensic evidence like DNA, blood spatter patterns, and ballistic reports are pivotal in solving
homicides and assaults. These methods can reconstruct crime scenes and establish the sequence
of events.

b. Forensic Science in Sexual Offences: Consent and Identification Issues

DNA evidence has become a cornerstone in adjudicating sexual offences. It’s crucial for
identifying perpetrators and addressing the complex issue of consent.

c. Economic Offences and Fraud: The Role of Document Examination

Document examination, including handwriting analysis and the authentication of documents, is

vital in uncovering economic offences and fraud.

d. Counter-Terrorism and National Security: Forensic Intelligence

In the realm of counter-terrorism, forensic intelligence—such as the analysis of explosive

residues and digital footprints—is critical for national security and the prevention of future
attacks.

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 Conclusion
It goes without saying that forensic science and evidence play a crucial part in the legal system.
The field of forensic science has developed quickly as a result of scientific and technological
advancements. However, despite all, there is now less reliance on scientific methods, particularly
in India. The integration of technologies in the field of inquiry has gained significance in India.
According to a number of commission findings, courts that apply the scientific approach when
rendering decisions may promote justice, which is a defining feature of democracy. However,
courts have been hesitant to integrate forensic science into their system, primarily due to their
experience with tainted evidence and falsified findings. For their purposes, they would rather
employ antiquated, non-scientific techniques. Laws have frequently been changed to
accommodate forensic science and contemporary technologies, but this hasn't really helped. The
amount of forensic scientists and experts adds gasoline to the fire, and investigating officers lack
expertise in the field. Because this area of law and science is not well-known, it has always
struggled with a labour shortage.

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 Bibliography

 https://en.wikipedia.org/wiki/Forensic_science
 https://blog.ipleaders.in/forensic-science-criminal-justice-system/
 https://www.centurylawfirm.in/blog/the-role-and-admissibility-of-forensic-evidence-in-
the-indian-criminal-justice-system/
 https://www.coursera.org/learn/forensic-science
 http://www.nij.gov/topics/forensics/pages/welcome.aspx

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