MODULE – III syllabus

Evidence: meaning and its several forms, Presentation of Expert Evidence: Data,
Reports, Evidence in the Court, presenting counsel’s contributions, defense
counsel’s role, court’s participation. Evidentiary clue. Awareness of Forensic
Science in crime investigation, Role of Media, Human Rights

1. EVIDENCE: MEANING AND ITS SEVERAL FORMS

Evidence is anything that helps us prove or disprove a fact in a court of law. It's the
foundation upon which a case is built
Definition of evidence: Section 2(e) of the Bharatiya Sakshiya Adhiniyam, 2023 (BSA) –
defines evidence as that which a court of justice is permitted by law to take into consideration
for ascertaining the truth of the fact or point in issue. Evidence means and includes– oral and
documentary evidence -
(i) all statements including statements given electronically which the court permits
or requires to be made before it by witnesses in relation to matters of fact under
inquiry and such statements or information are called oral evidence
(ii) all documents including electronic or digital records produced for the inspection
of the court and such documents are called documentary evidence.
The evidence against the criminal may be the evidence of the eyewitness or of the victim, it
may be a confession of the culprit, an incriminating statement of a co-criminal, circumstantial
evidence, or scientific evidence. Till recently the courts in India had to depend mostly on
non-scientific evidence mainly on eyewitness accounts. Logically the evidence of the
eyewitnesses appears to be the best evidence. If a person has witnessed the occurrence, the
same should be the best evidence against the culprits. However, it has been proved time and
again that this evidence suffers from a number of infirmities such as he can forget, get
confused, or even lie.1 In light of the this, it is highly dangerous, for the proper dissemination
of justice, to accept the statement of an eyewitness in its totality. It has been proven so both in
actual cases and in experiments. The lacunae can be overcome only by scientific evidence.
1
The eyewitness observes the occurrence for an extremely short period.
 He may not have observe the complete occurrence.
 He is often uncertain about the identities of the culprits unless he knows them.
 He may intermingle the acts of various individual in the occurrence.
 He may be biased in favour of the victim or of the culprit.
 He may be mentally imbalanced. He may exaggerate, using his fertile imagination.
 The eyewitness may forget, ratio is recorded after a considerable lapse of time.
 He subconsciously takes into consideration the opinion of other persons with whom he has discussed the case or who
have aired their opinion in the media.
 His powers of observation, memory, and description play an important part.
 He may be frightened by the courtroom environment and forget the observations.
 He may be over-awed by the opposing counsel or by the court.
Types of Evidence
Evidence can also be
1) Direct
2) Circumstantial
Direct evidence is information that establishes directly, without the need for further
inference, the fact for which the information is offered. An example would be eyewitness
testimony that the defendant fired the fatal shot in a murder prosecution.
Circumstantial evidence allows the trier of fact to accept as proven a fact for which direct
evidence is unavailable by inference from a fact that is directly proven. It is important to
understand that forensic evidence is circumstantial evidence.
For example, suppose a defendant’s blood is found at a crime scene and linked to him by
DNA results. From this information, we can infer that he was at the crime scene. However,
taken alone, the DNA results cannot speak to guilt or innocence in a murder case. More
information is required for such a leap; the DNA results are just one part of a larger story. If,
for example, his shoes were found to contain traces of soil consistent with the crime scene,
this would be another piece of circumstantial evidence.
Evidence can be categorized based on how it is used. Reconstruction evidence provides
information about the events preceding, occurring during, and occurring after commission of
a crime. Reconstruction of a crime scene is particularly valuable in instances where a suspect
admits to having been at the scene but did not play a role in the crime. Although scientific
principles are applied, reconstruction of a crime involves observation, logic, experience, and
evaluation of statements by key witnesses. This may provide the greatest opportunity for the
criminalist and detective to work as a team in solving a crime. As an example, bloodstain
pattern analysis, can provide strong reconstruction evidence. The interpretation of bloodstains
is generally very useful in cases where an individual claims to have aided or assisted an
injured or dead person as an explanation for blood found on his or her person or clothing.
Bloodstain evidence may also be of great assistance in determining whether a person died as
a result of suicide, homicide, or accident.
The tools used for reconstructing a crime scene will generally locate evidence that can then
be used to associate or disassociate a suspect to a crime. Hairs, fiber, blood and other body
fluids, paint, glass, firearms, bullets, fingerprints, and other imprint evidence are all examples
of associative evidence. These items are considered of unknown or questioned origin until a
comparison is made to a known standard or exemplar. A standard may be collected from a
victim, suspect, witness, or investigator. Although the examination of associative evidence is
the primary focus of a forensic laboratory, the ability to reconstruct a crime is necessary to
determine the significance of associative evidence. Associative evidence can be further
subdivided into class and identification evidence.
Another way to look at forensic evidence is through the conclusions that the evidence
facilitates. From this perspective, forensic evidence comes into court in two basic forms: (1)
class-characteristic evidence, which does not reference a particular suspect, and (2) individual
characteristics that do, inferentially, associate a particular individual with the commission of a
crime. Testimony that the pubic hairs found on a rape–homicide victim came from a
Caucasian male or that shell casings found at the scene came from a certain make and model
of firearm are two typical examples of class-characteristic statements. The second type of
potential testimony generated by forensic science is the individual characteristic or matching
statement that serves to link data found at the crime scene to a particular defendant.
Testimony finding that court-ordered pubic hair exemplars obtained from the defendant are
consistent in all respects to the hair found on the victim or that fibers found on a victim’s
clothing are consistent with fibers from a defendant’s jacket provides two examples.\\
1.1 FORENSIC EVIDENCE
The term forensic evidence incorporates two distinct ideas. The ‘forensic’ part refers to the
laboratory and observational processes utilized in the forensic science at issue from which
necessary facts get generated. The manner in which DNA is extracted, tested, and subjected
to population analyses is a primary example. The ‘evidence’ part refers to an impartial
procedure of collection of information in a litigation which leads and guides a judge to reach
a particular conclusion relating to a fact in issue. Forensic science is useful in all kinds of
cases, but the information provided from scientific sources must be relevant to one of the
issues in the case.
Forensic evidence provides linkages of the criminal with the crime through clue materials.
The criminal at the scene of occurrence either leaves these clue materials or they are picked
up by him from the scene of occurrence, from the victim or from the various articles at the
scene of occurrence. If the clue materials are properly collected, correctly preserved and sent
to the laboratory for evaluation and their integrity and authenticity remain unquestionable,
they can be strong evidence for the proof against the culprit. For example, a fingerprint is
found at the scene of occurrence. The suspect has no legal access to the scene. The
involvement of the suspect in the crime becomes certain if this fingerprint is identified to be
that of the suspect.
Now, this clue material has to be collected by the investigating officer. He has to be properly
trained, he should have proper experience, he should have adequate knowledge, he should
have proper expertise for collection, preservation, etc.). If the investigator does not possess
adequate knowledge and experience, etc., he will not be able to collect the correct clue
materials and the evidence is lost.
Forensic evidence can be of categorise into:
1. class characteristic evidence- which does not refer to a particular suspect. For example, a cartridge found at the
crime scene belonging to a certain type of firearm.
2. individual characteristic evidence- which associates a particular individual with the crime. For example, the hair
found on the body of victim or the fibres found on a victim’s clothes are consistent with the fibres found on
suspect’s clothes.

2. EXPERT EVIDENCE
Expert evidence is information or opinion from an expert that is relevant to a matter and is
likely outside the knowledge or experience of a judge
2.1 Presentation of Expert Evidence
The expert examines the clues in his laboratory. He performs the required experiments,
makes observations, collect the necessary data and draws certain conclusions based on the
collected data. He prepares a report and submits it to the court through the agency which has
requisitioned his services along with such data, illustrations, charts and photographs which
make the conclusions intelligible and convincing to the court. The presentation is usually in
the form of a written report. Rarely the findings may be presented in the court personally
along with the supporting data.
The written reports of certain experts alone (without personal attendance) are being accepted
as evidence [section 293 of CrPC]. The court can, however, order the expert for personal
attendance, if the court deems it fit. If oral testimony is unreliable how far can we depend
upon the evidence adduced through scientific processes by experts who can be incompetent,
corrupt, ill and subject to human errors? Consider the following situations
1. A fired cartridge case and the suspected firearm were sent to an ‘expert’. The test
cartridge fired by the expert developed high pressure. Consequently, its percussion
cap bulged out and got imprinted with a number of marks. The anvil caused a
protrusion in the firing pin impression. The ‘expert’ declared non-identity of the
common source of the test and crime cartridge. A second expert linked the ‘crime’
cartridge to the suspected firearm! (CH)
2. An expert once identified a forged fingerprint with genuine fingerprint with the help
of a magnifying lens in the court. He was to do so at a short notice. He, however, was
not satisfied and requested for time to carry out more detailed examination of the
prints under a microscope. The examination revealed the drawn nature of the forged
print. (CH) 1.
3. Once an experienced firearm expert identified the common source of the origin of the
test and the crime bullets (which he had studied and photographed). When scrutinised
in the court, it was found that he had compared and photographed only the test bullets
inter se. The expert at once admitted his mistake. He took the crime bullet (and also
the test bullets) again to his laboratory and found that the crime bullet had not been
fired from the firearm! (CH)
4. Another expert, after a long tiresome journey was immediately taken to the witness
box. He identified the source of footwear impression from a particular shoe positively.
When his report was shown to him, it indicated only a probability of the impression
being from the suspected shoe and not a positive identity (CH).
Thus, it appears that perhaps expert evidence is equally unreliable. But it is not so:
i. First, subjective factor in expert evidence is very little.
ii. Second, it is always verifiable.
If the menace of the corrupt expert could be held in abeyance, the expert testimony can goa
long way to disseminate real justice. The expert must bear in mind the concept of practical
identity and educate the court and the counsels about the same. No two items are exactly
identical. There will always be some differences. All identifications, therefore, are based on
probability. Counsels point out the differences only and plead that the identity is not
established. The expert admits the existence of the differences, but he also indicates the
preponderance of similarities, which, on the basis of probability, establishes the practical
identity of the common source.
In the presentation of evidence in court, the prosecution counsel assists the experts. The
defence counsel critically appraises him and his evidence. The court makes the final
assessment of the value of the evidence. There is no material difference in these aspects even
when the expert is being produced as a court witness or as a defence witness.
Corroboration of expert evidence is not legally required. Theoretically also, it is not
necessary. But in practice most of the courts are hesitant to base their convictions, as a matter
of abundant caution, on the sole testimony of experts. However, there are reported cases
where convictions were based upon the expert evidence alone. There can be no hard and fast
rule in this regard. The circumstances of each case determine the weightage to be given to the
expert evidence.
2.2 Responsibilities of Experts
The chief performer in the presentation of the expert evidence is the expert. He must see that:
i. He is thorough in his examination, has prepared the notes and the illustrations
properly, consulted literature and discussed the evidence with his subordinates,
colleagues and superiors.
ii. He does not allow his imagination to go beyond the realm of observed facts. He
does not bluff, does not lose temper, does not hasten with his opinion on the
incomplete data, and does not have a bias or the dishonest intentions.
iii. He does not propound and maintain complicated and unintelligible theories
dogmatically, by using high sounding words and jargons.
iv. He takes sufficient time to consider all the factors and utilises the available
sources of information to solve the problem put to him.
v. His conclusions are clear, unambiguous, definite and brief. He knows their degree
of accuracy or probability.
vi. He is conversant with the latest developments in the field.
vii. His language is that of a layman. If technical terms have to be used, they are kept
to the minimum and they are fully explained, if necessary, with diagrams, sketches
and photographs. If the expert cannot bring the technical evidence to the level of
the educated layman, he is not doing his function properly. The professional
experts engaged in forensic science laboratories, fingerprint bureaux and
handwriting work frequently appear in courts. If they are unable to express their
findings in ordinary language, they are either incompetent or corrupt. They should
be handled accordingly.

2.3 Report
An expert’s report is issued on a standard pattern. The form caters for all the essential details:
1. The laboratory case and the report numbers.
2. The case references (the FIR No. and the Letter No. with date).
3. The date and mode of the receipt.
4. The description of the packages (with their content): their number, identification
marks, seals and the signatures and whether the seals were intact or not.
5. The description of the exhibits, identification marks, signatures or the initials, etc.
6. The Questionnaire (in brief).
 7. The dates on which the examination is commenced and completed.
8. The number and nature of the test exhibits prepared.
9. The experiments carried out, the observations made and the conclusions drawn.
10. The name of the examiner, his qualifications and his designation.
11. The mode of the despatch of the report and the exhibits.
The information given in the report has necessarily to be concise but sufficient to be
intelligible and to prove the conclusions arrived at convincingly. As the reports are to be
utilized by the non-technical laymen in most of the cases, now in the absence of the experts,
under section 293 of the Code of Criminal Procedure, 1974, they are expressed in simple
language.
The wording of the inference should be standardized. The standardization increases clarity
and obviates chances of misinterpretation. That is, the report should be expressed in simple
and clear language to bring the technical evidence to the level of a layman person. Technical
terms should be avoided as far as possible, both in the report and in the statement before the
court. If the technical terms are used, they are carefully explained.
The reports should be illustrated with the experimental data, photographs, illustrations and
with the sketches whenever possible and necessary. The expert evidence is technical in
nature. The observations are made on the basis of the data collected through instrumental and
chemical analyses, etc. The correct idea about these experiments cannot be given by the
description alone. These observations are, therefore, illustrated through photographs, other
illustrations or charts for the convenience of the court and the counsels, whenever possible.
The photographs are not necessary for the expert to come to a conclusion in most of the
cases. His main forte is data obtained from the examination. But to a layman the evidence can
be demonstrated through illustrations and photographs. However they have to be presented
and explained personally, otherwise the photographs can create confusion in the court.
The Gujarat High Court in Suleman Usman Memon v. State of Gujarat 1961 (2) Cri LJ 78
has pointed out:
“It is difficult to see how any reliance can be placed on the opinion unless it is supported
by good reasons founded on the facts which warrant that opinion. If the reasons are good
and convincing and the factual data, on the basis of which the opinion is formed, warrant
the opinion, the court will rely on the opinion. However, if the factual data is not clear or
adequate or the reasons are frivolous or inconclusive, the opinion will have no probative
value. That is the reason why section 51 of the Indian Evidence Act provides that
whenever the opinion of any living person is relevant the grounds on which such opinion
is based are also relevant.”
Further Andhra Pradesh High Court in Thimma Reddi (in re:), 1957 Cri LJ 109 (AP) rejected
the evidence, which was not illustrated:
“With regard to the pin strike and finer striations on the base of the cap of the cartridge,
the opinion expressed is definite and conclusive. But unfortunately, he has not produced the
test cartridge for comparison purposes. The learned counsel (defense) has contended that the
record does not furnish the material which has helped the expert in coming to his conclusions
in this case. He has argued that the data be supplied or the enlarged photos be produced, so
that the opinion of the expert may be verified by the court to hold that the expert was justified
in the opinion he has given.”
The conclusions form the most important part of the reports. They can be: Definite
conclusions; Indefinite conclusions, or No conclusions.
A definite report should be given only when sufficient evidence is discovered for the linkage
or de-linkage. At present an inconclusive report is given no importance. A decision of
Calcutta High Court in Bhullakram Koiri v. State of West Bengal, 1970 Cri LJ 403 (Cal) is
relevant on the point:
“Upon an analysis of the said evidence, we agree with the defence counsel. It is
passing strange that an expert in his ultimate opinion would depend upon probabilities and
not on the firm convictions in the absence whereof the said evidence becomes dangerously
thin indeed and the court of law would not take that by itself into consideration to fixing the
guilt of the accused. The expert having reached the point of interrogation or of probability
cannot be relied upon for the purpose of conviction in a case under Section 302, IPC.”
The weightage to be given to an inconclusive report varies from one report to another. One
report may be inconclusive only technically. In the other, the evidence may be perfunctory
and the data may hardly cross the realm of possibility. And between the two extremes, the
probabilities vary. It is the duty of the court to ascertain the value of an inconclusive report.
As all the identifications, definite or indefinite, are based only on the probability figures. The
court, to exploit the full value of an expert’s inconclusive report, should ascertain the
probability figures.
The reports should be sent as soon as possible. The adage ‘justice delayed, justice denied’ is
literally true in some cases. All the examinations should be carried out expeditiously and the
reports thereof issued promptly. Patna High Court in State of Bihar v. Bhullaram Koid, 1971
Cri L] 187 (Pat) has deplored the delay:
“This inordinate delay in the examination by the ballistic expert is to be deplored. It is
unfortunate that in such serious cases, the expert does not attach sufficient importance for a
speedy examination and a submission of his report.”