During
the study, legal and human factors are taken into account, as well as social
references to health and safety. Crime analysis is a problem-solving task with
several dimensions. When an officer arrives at a crime scene, he or she is
frequently forced to make split-second decisions, sometimes affecting life and
death, based on little information in a dynamic context of ongoing events.
Following the conclusion of a criminal event, the investigator is expected to
preserve the crime scene, gather evidence, and design an investigative plan
that could lead to the formation of reasonable grounds to identify and arrest
the murderer or perpetrators. To handle these problems, police investigators
use investigative methods to establish investigative strategies and prioritise
replies through training and experience keeping in mind the safety and health
of the human being.Criminal probe is a set of thinking skills as well as a set
of task skills. All the small details have to be mentioned and taken into
consideration while investigating.The ability of an investigator to solve a
cold case and a prosecutor to bring the perpetrator to justice is contingent on
your ability to locate relevant images and reports decades after the original offence.
Legal
Consideration – Forensic science is the intersection of science and law
The
Indian legislature provides a single criminal law for all of its residents,
governed by the Indian Penal Code, 1860, which governs the substantive aspects
of criminal law, and the Criminal Procedure Code, 1973, which governs the
procedural parts of criminal justice.
We have
a precise mechanism for punishing an offender and defining the country’s
misdeeds, but no measures for determining who is a true offender. The Indian
legal system is founded on the principle that a hundred criminal people should
not be acquitted, but one innocent person should not be. Applying this theory
to numerous victims can result in unfairness, as offenders will not come to the
police on their own, and the Indian police or legal system will have no other
option except to rely on direct evidence against the culprit.
As a
result, when a circumstance happens with no direct proof, the outcome can be
predicted. In general, forensic law refers to the use of forensic scientists to
examine physical traces of a human person that can be used to identify a
criminal during an inquiry. To investigate the evidence and compile a forensic
report, a number of laboratories and bureaus were established. Chemical
Examiner’s Laboratory in Madras, established in 1849, was established to
isolate, detect, and assess various venoms in the human system. In the nineteenth
century, the Criminal Investigation Department (CID) and the Anthropometric
Bureau were founded to keep anthropometric records of criminals. In 1897, the
world’s first fingerprint bureau was founded in Calcutta, India. A diagnostic
department, a fingerprint section, a ballistic laboratory, and a state forensic
science laboratory, among other things, were also established. Despite the fact
that these have been developed at such a young age, we still lack real
advancement in our science, and as a result, many criminals are acquitted due
to limits in the application of forensic science in courtrooms.
As
technology advances, so will the analysis and interpretation of physical
evidence recovered from crime scenes. Properly documented and preserved
evidence will become even more important. The fact that investigators take an
objective, thorough, and careful approach influences the ultimate legal
importance of this scientific data. The purpose of this procedure is to
identify and save tangible evidence that will provide accurate information to
aid in the investigation.
Hazards
and crime scene
The
dangers and safety difficulties associated with reacting to a crime scene are
an area that merits further emphasis through basic skills training workshops
and publications. Personal and occupational safety are always top priorities
when it comes to preventing exposure-related injuries and diseases. When
attending to a crime scene, the investigator or specialist may encounter one of
three categories of risks or unsafe circumstances. Bio-risks, chemical hazards,
and physical hazards are all possibilities. A hazard is a condition in which
there is a lack of safety or a high level of risk. In any occupation or
profession, the first priority to observe is safety and security. An
investigation and processing of a death scene in a huge agricultural field that
had recently been treated with agricultural pesticides will cause injury.
Amongst the most application areas of forensics is really in post-mortem
examinations, which include examining a deceased person to identify the cause
of death. Experts must be involved in determining the cause of death, and
throughout this process, the forensic scientist must be extremely cautious and
meticulous, as well as maintain his personal perspective in mind when executing
the autopsy operation, which requires a great deal of effort.
When
the scene is in its original, as found condition, demonstrative evidence such
as photographs, models, charts, and visual aids are typically given to help a
witness explain what he or she saw. Physical evidence collected at the scene
and taken into the courtroom where the item may be seen by the jury is known as
substantive evidence. When tangible evidence cannot be brought into the
courtroom for one reason or another, a photograph can be used as substantial
proof.Officers, forensic scientists, evidence technicians, and medical workers
are meant to be unbiased witnesses who have no stake in the outcome other than
reporting what they have seen and heard from reputable sources with first-hand
information.
Investigation
And Criminal Prosecutions Inside the field of health and safety
The
collecting and analysis of physical evidences existing in many forms (chemical,
biological, and physical), as well as their subsequent analysis in the
laboratory, is an important aspect of forensic science process. Investigation
of clandestine drug laboratories, personal contact with hazardous biological
agents, and exposure to latent fingerprint generating chemicals and materials,
among other things, are expected and may pose occupational health concerns to
those involved. A prosecutor will make every effort to offer the finest
evidence possible. In some circumstances, eye witness testimony will be
required. In some circumstances, this may include testimony accompanied by
photographs and other visual aids. Regardless of their technical excellence,
photos that cannot be admitted because the photographer did not do his job
properly are worthless.
Investigators
who expertise in reassembling crime and accident scenes go to considerable
extents to interview witnesses, review available reports, gather old
photographs, confirm weather conditions, determine the height of the sun and
the phase of the moon, and so on, all while keeping the victim’s safety and
health in mind.
Mechanism
of death has to be known and for that investigator have to keep eyes on small
details .The cause of death is the event or agency that ultimately caused the
deceased to depart from this world. A gunshot wound to the chest might be the
cause. The mechanism is how the bullet brought about the victim’s demise. It
could be through loss of blood, damage to internal organs, infection, etc. The
manner of death can be classified as natural, accidental, murder, suicide or
undetermined. All the necessary details of the investigation needs to be
recorded and performed with utmost care and safety. Investigators should treat
the murder investigation as if it were their last chance to save and recover
these tangible clues.In their objective appraisal of the situation, they should
carefully analyse additional case facts or statements from witnesses or
suspects.During such an investigation, the route of the investigation may shift
several times, and physical clues that were previously deemed to be irrelevant
may turn out to be crucial to a successful resolution of the case.
Legal
provision backing criminal investigation
Despite
the fact that forensic science has made a significant contribution to the
criminal justice system, the law’s limitations cannot be overshadowed. There
has been a long-running discussion about the accused’s health and safety.
Article 20(3) of our constitution stipulates that a person accused of a crime
cannot be forced to testify against himself. This essay was written to
safeguard the accused from mental harassment while the police investigation was
underway. However, it has been discovered that police officers are abusing and
viciously beating the accused in order for them to testify as their own witness.
Deaths in custody and police violence have increased, and the situation is not
being investigated properly. No one is forced to answer any inquiry or produce
any document that can be used against them in a court of law under this right.
It is essential that human rights of the accused are not violated during the
whole process of interrogation.
There
has been much discussion about whether or not requesting DNA and fingerprint
analysis is a violation of the accused’s legal rights. In the case of State of Bombay v.
Kathi Kalu Oghad and Anr., the Supreme Court declared that ordering anybody to
provide evidence at the scene such as fingerprints, blood, or hair semen does
not violate the requirement of art. 20. (3).
Another
point of contention was the legitimacy of narco-analysis. In the sphere of
criminal investigation, narco-analysis is a novel development. However the
question is whether narco-analysis evidence is consistent with the law of justice.
The investigation team uses this strategy to try to get statements from a
semi-conscious person that can be utilised as evidence. This procedure raises
various legal and ethical concerns. Some argue that it violates Article 20 of
the Indian Constitution, which prohibits self-incrimination.
The
constitutional viability of the narco analysis was confirmed by the Supreme
Court in one of its decisions. In addition, several changes were made to the
Indian Evidence Act and the Criminal Procedure Code in 2005. Lately, in 2006 Selvi and Ors. v. State
of Karnataka and Anr the court decided that because the person delivering statements in a
brain mapping or narco-analysis test is in a semi-conscious state, they cannot
be regarded conclusive and so cannot be included in the mandatory inquiry process.
Furthermore, Section 164A of the Code of Criminal Procedure allows the medical
examiner to examine the rape victim within twenty-four hours also Section 53 of
Criminal Procedure Code,1976 -According to the law, a person accused of a crime
can be ordered to undergo a medical examination if the officials believe the
examination will help them prove their case.
For
many courts, forensic evidence has
potential to recognise the culprits and judges have offered and relied
on the evidence and gave opinions as well. Courts, on the other hand, are not
bound by the reports and may rely on other evidence. The court’s aversion to
forensic evidence – Because even the investigating officer is inexperienced and
uninformed, a technological topic like forensic evidence is still
underutilised. To date, investigations have been conducted using antiquated,
non-scientific methods. Because the investigating officer is the first
respondent to the crime, a lack of scientific knowledge poses a severe threat
to the justice system’s fairness.
Justice
is served through forensic reports
To no
one, justice comes with a single click or a blink. It necessitates a remarkable
number of actions. Many individuals are misled by Hollywood movies or various
web series that depict situations being handled in less an hour, including
commercials. Reality isn’t the same as fiction. Serving justice to an
individual takes a lot of time, patience, energy, and numerous steps.
One of
the major murder case solved by using forensic is NainaSahni Murder case also well known as Tandoor case .
Sushil ( accused ) expressed his
displeasure with his wife NainaSahni’s friendship with Matloob Karim. Matloob
and Naina were classmates and colleagues in the Congress. Sushil had suspicions
that Naina was having an illicit affair with Matloob. Sushil returned home on
the evening of July 2, 1995, to find Naina conversing on the phone and drinking
alcohol. When Naina saw Sushil, she hung up. Sushil dialled the number again
and was greeted by Matloob on the other end. He shot dead Naina because he was
furious. He transported the body to a Bagiya restaurant and attempted to
discard of it with the help of the restaurant owner, Keshav Kumar. The body was
then burned in a tandoor (clay oven). Keshav Kumar was apprehended by the
police, but Sharma escaped. On July 10, 1995, he handed himself in.The victim’s
identification was also established using DNA evidence in this case. According
to the lab report, “blood samples preserved by the doctor during the post
mortem and blood stains on two leads collected from the head and neck of
deceased Naina’s body are of the ‘B’ blood group.” The DNA testing found, “The
findings establish beyond any reasonable doubt that the charred body is that of
NainaSahni, who is the biological offspring of Mr. Harbhajan Singh and Jaswant
Kaur.” Finally, Mr. Shusil Sharma was found guilty using forensic evidence.
In the
case of Kishan Chand vs. State
of Himachal Pradesh the offender was prosecuted for rape of a minor aged 10 to 12 years and
found guilty based on forensic evidence from experts that were substantiated by
the situation. DNA profiling, Benzidine test, Gel-diffusion technique, and Acid
Phosphatase test were among the techniques employed by Mandi’s RFSL. Forensic
investigation of scientific samples was also kept. Human sperm was discovered
on the prosecutor’s shirt and trousers thus the clothing were retained in a
sealed envelope for scientific study. The scarf, money notes, and bed sheet
were recovered after a police investigation. The accused was detained and
medically evaluated, and it was determined that he was capable of engaging in
sexual activity. A blood sample was also taken from the accused.
In the
famous Nirbhaya case, all the accused were caught by the help of
forensic evidences. The DNA report played major role in catching all the six
offenders of the crime. This demonstrates how a forensic report can assist in
case decision-making. There has been restrictive use of forensic in the
judiciary. Only 5% of the cases focuses on the forensics evidences rest most of
the judgements are based on non-scientific and non-Forensics evidence. This
number should escalate in future by removing the loopholes.This will also lead
to better and effective function of the Indian legal system.
Health
and safety at crime scene
It is
critical to keep health and safety at the crime scene in mind while
investigating the crime scene. When an investigator goes to a crime scene, he
or she must exercise greater caution and take extra safeguards. Because it
entails a high level of danger. Consider a fire scene where the investigator
must be extremely cautious while simultaneously seeking help from the fire
department; he must ensure that he does not fall in debris because the ground
is quite fragile. The investigator’s PPE is very important; he must wear
slash-resistant gloves, waterproof jackets and hoods, boots, and waterproof
slacks, as well as a face mask and high-visibility tabbard,disposable over
suit, hydrofluoric acid gel, biohazard bags etc for security and safety purposes.
An illustration of a building colliding. In this case, forensic civil and
structural experts will analyse the cause of the building collapse and provide
their findings to the court. The court will make a connection between the bits
of evidence and come to a conclusion, and the investigator must put his health
and safety first during the investigation.It is also required to use different equipment’s
for picking up fragile substance.There are many acts and regulations for health
and safety at the crime scene. Fingerprints powder has to be carried because
concentration of drugs may lead to explosions. When analysing a body with a lot
of fluid fluids, the criminal investigator must constantly be cautious because
anything may happen at a crime scene, and even a minor mistake can lead to a
major blunder. The importance of safety and health during a criminal
investigation should not be neglected, and significant care should be taken to
guarantee that successful results are obtained. The investigator is exposed to a
number of substances in order to test a multitude of subjects, as well as rays
that could have a deleterious impact on his eyes. All of these factors must be
considered when conducting or participating in an inspection. The investigator at every step must be careful in
order to sustain the situation.
Conclusion
Health
and safety during investigation forms a essential
part of monitoring process that are required to carry out. Constructive,
credible, and timely investigations will be conducted. The investigator’s/investigation
team’s goals are to figure out what happened and provide the reports putting
your own health and safety precautions in mind. It is necessary to have a
better grasp of how forensic science can be used to identify serial killers who
commit crimes againstwomen and children, as well as the safety precautions that
must be followed when doing so.The role of forensic science in solving crimes
includes procedures such as determining the cause of death, identifying
suspects, locating missing persons, and profiling criminals. Forensic
pathologists use autopsies to determine the cause of death. During these
procedures, they examine a person’s fluids and tissues to identify the cause
and manner of death (for example, natural causes or homicide). Forensic
scientists can identify suspects by analysing evidence obtained at the scene of
a crime, such as fibres, hairs, blood, and fingerprints. Innocent persons are
also cleared using these approaches.
Forensic
science should be taught at law and medical schools, and students should be
encouraged to pursue careers in the field. The government must take initiatives
to raise public understanding of the role of forensic science in the criminal
justice process. The advancement of research and technology, as well as the
relevance of such evidence, must be taught to police, investigative officers,
detectives, and scientists. Without a doubt, forensic evidence is much more
reliable than other types of dural evidence. We must close the gaps in this
domain, which is a boon to the criminal justice system. We must ensure that
everyone participating in the legal system makes the most of the opportunity
provided by forensic science. Investigating crime and crash scenes, public
security and control at public events, people and asset protection, and
situational awareness are all examples of public order and safety. To ensure
justice for victims and public safety, having access to appropriate information
intelligence, full visibility of evidence at a scene, prospective threat
points, and environmental risks is critical. In an era of availability of
information and instant knowledge, the lack of communication and sharing in
this field is astounding.
“Forensic
science offers great potential, as it draws on almost every discipline and, in
doing so, creates a widespread opportunity for innovation.”
-Mark Walport
References
1.
https://en.wikipedia.org/wiki/Forensic_science
2.
https://www.heraldopenaccess.us/journals/journal-of-forensic-legal-investigative-sciences
3.
https://www.ojp.gov › nijPDF -Crime Scene Investigation: A Guide
for Law Enforcement
4.
http://www.jpgmonline.com/text.asp?2000/46/4/303/250
5.
http://www.theprotector.in/role-of-forensic-science-in-the-criminal-justice-system/
6.
Mukesh and ors. Vs State of Delhi, Delhi High Court, 15th
December 2014. Crl. A. No. 784 of 2008
7.
https://indiankanoon.org/doc/338008/
8.
https://indiankanoon.org/doc/1626264/
9.
Forensic Scientific Evidence: Problems and Pitfalls in India, SCIDOC
publishers.
This
blog is written by Aastha Prakash , 3rd year student of
Ramaiah Institute of Legal Studies. Aastha has incredible writing and research
skills. She has a deep interest in studying procedural laws, constitutional law
and human right laws. She always keeps an eye for new socio-political development
happening around.
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