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I Summ of Cri
I Summ of Cri
CHAPTER-I
INTRODUCTION
1.1. Introductory
Man by nature is a fighting animal. Hence to think of a
crimeless society is a myth. In fact, there can be no society
without the problem of crime and criminals. The concept of
crime is essentially concerned with the social order. It is well
known that man‟s interests are best protected as a member of
the community. Everyone owes certain duties to his fellow -men
and at the same time has certain rights and privileges which he
expects others to ensure of him. This sense of mutual respect
and trust for the rights of others regulates the conduct of the
members of society inter se. 1 It is absolutely true that most
people believe in „live and let-live‟ policy. But there are some
people who are law-breakers. They may be normal or abnormal
persons by nature or circumstances. It is the duty of the state to
punish the wrongdoer under the law of crime. Crime means a
social harm which has been defined and made punishable by
law. 2 A crime (or offence) is a legal wrong that can be followed by
Criminal Proceedings which may result in punishment. 3
Crime is taking place right from the beginning of the
civilization. The germ of criminal jurisprudence came into
existence in India at the time of Manu. He gave a comprehensive
code which contains not only the ordinances relating to law, but
1 Prof. N.V. Paranjape, Criminology & Penology with Victimology (2011), p.3
2 Dr. C.K. Parikh, Parikh’s Text Book of Medical Jurisprudence and Toxicology
(1996), p.3
3 Glanville Williams, Text Book of Criminal Law (2003), p.27
2
18 Dr. RC Mishra IPS, Crime Trends and Criminal Justice (2001), p.20
9
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provides him with the information on the victim and the suspect
and to reconstruct the crime. The scene of occurrence cannot be
limited to one place only. It may extend to one or more places. It
may also not be limited to immediate surroundings, but may
extend to a wider area depending upon the nature of the crime
committed. In a compact scene of crime, such as burglary, the
scene may be divided into five parts, namely:-
(1) Line of approach;
(2) Point of entry;
(3) Actual scene
(4) Point of exit; and
(5) Line of retreat.
The scene of crime may be classified as outdoor or indoor
scene. A crime committed on a road or a field is an outdoor
crime. Whereas a crime is committed in a house, a car, etc., is
an indoor crime. There may be certain types of crime, which
have no „scene‟ at all. The crime of this nature are forgery,
embezzlement etc. 29 The trends of crime keep changing with the
growing population and rapid development of towns and cities.
Rise in crime in any place is a worrying factor for everyone and
especially crime against women, children and weaker sections of
the society is a great concern to all of us. 30
The first officer to arrive at a crime scene will find himself
suddenly burdened with a great deal of responsibility. The
actions that he takes in the first minutes will greatly affect the
outcome of the subsequent crime scene investigation and the
potential prosecution of the suspect. In essence, his duties upon
32 http://www.science-engineering.net/science/united-kingdom/forensics-the -
science-of-crime
33 Quoted from Giriraj Shah, Scientific Aids To Investigation (1999)
18
Prasad and Justice J.S. Khehar set aside the 142 year old
presumption of Paternity of Legitimacy under section 112 of the
Indian Evidence Act by stating that, the Evidence Act was
enacted at a time when the new age modern science and DNA
tests were not available.
DNA testing of a criminal provides clinching evidence
regarding association/involvement of any person in a crime. DNA
fingerprinting can be used as a vital input, and sometimes, the
only decisive clue in some of the most complex cases, where all
other evidence are lost or destroyed. It is now more than a
decade since the first DNA was furnished in any court of law in
India. Since then DNA technology h as made advancements by
leaps and bounds. The investigating agencies, judiciary, medico
legal experts and to some extent common people are now aware
of potential use of this technique in crime investigation, but the
method itself called as DNA fingerprinting, is yet to get its due
place in Indian law. The country is now on the threshold of
enacting special legislation regarding various aspects of DNA
data basing and testing. At the same time efforts are on in
several Forensic Science Laboratories to keep stride with the
needs of investigating agencies and upcoming legislation. Some
cases which have been in limelight and the court of law has
given due weightage to DNA test reports are Madhumita Shukla
murder case, Tandoor Murder case and Priyadarshini Matoo
murder case and so on. In Madhumita Shukla murder case the
Criminal Investigation Department of Uttar Pradesh had sent the
six-month old foetus of the slain poetess to the Centre for DNA
Fingerprinting and Diagnostics in Hyderabad for finding out its
paternity. The DNA of former Uttar Pradesh minister Amarmani
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number of civil or criminal cases have been solved with the help
of these techniques.
Fingerprinting is such a strong technique or scientific aid
that cannot be challenged. Not only fingerprints of two persons
but that of one person‟s fingerprint does not match. What are
the reasons that it is not serving so much as required in the
present time. The reason is that criminals are much aware about
these techniques through the internet and television programs
etc. They use gloves and even clothes to cover up their hand
ridges. In such conditions their fingerprints are not left on the
spot. Thus this technique has become unreliable. In this
research work the researcher has suggested some measures that
can be followed to overcome the disadvantages.
No doubt, De-oxyribo Nucleic Acid (DNA) is the new
concept that solves the paternity/maternity disputes,
immigration problems and inheritance disputes including
property matters etc. With the help of this technique a number
of children have met their parents. So many problems have bee n
solved by this scientific aid. But it is necessary to highlight here
that no DNA can be conducted of the totally burnt bones. There
are some criminal cases in which ashes and bones of dead
bodies were sent to laboratory for DNA profiling but they were
helpless to solve them. Therefore the researcher has moved on the
hypothesis that in certain situations fingerprinting and DNA as
scientific aids to investigation are not doing well.
1.13. Review of Related Literature
In order to get a better insight into the application of
scientific aids in investigation, a brief review of available studies
and other literature on the topic has been presented below.
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other body fluids, dental evidence, nails and nail marks, skeletal
remains, hair, fibres, cloth fragments and impressions, trace
evidence- soil, glass, paint, etc. has been defined.
B.R. Sharma 55 has taken into account a detailed study of
crime, criminal investigation, computer crimes, science of
occurrence, sketching the scene, police photography, voice
identification, psychology etc. James E. Girard, 56 discussed the
topic of investigating the crime scene, investigating and
processing physical evidence and DNA typing etc B.S. Nabar, 57
has narrated the history of forensic science, scene of occurrence,
physical evidence, fingerprints, footprints etc. Swapnil Gupta, 58
in her research paper on the topic of "Forensic Examination of
Indian Passport", published in the Indian Police Journal, 59
published in 2013 provides that fake Indian Passports can be
used for escape into exile, identify theft, age deception, illegal
immigration and organized crime. This research also specifies
the Technical Specialization as well as recommendations for
Indian Passport. Therefore, one can easily distinguish the
Genuine Indian Passport by utilizing the effectiveness of this
paper.
1.13.1. DNA
Brian Lane 60 is an expert in the field of true crime.
According to him, the most potentially important discovery in the
recent scientific history of forensics has been the development of
1.13.2. Fingerprinting
Practical Fingerprinting by B.C. Bridges, revised by Charles
E. O’Hara 68 with a foreword by August Vollmer was written in
1942, 1963. In this book biological and historical data,
procedure for taking fingerprints, classification by the Henry
System, Ridge counting and tracing, filing and searching,
extension of the Henry system, the Battley Single Fingerprint
system etc. are defined.
A Guide to Scientific Aids in Crime Detection (For Police
Officers and Men) was written by D.N. Goyle, 69 in the year of
1952. In this book the writer has discussed on the topic of
fingerprints and foot prints also.
James R. Richardson, 70 has defined historical
background, admissibility of fingerprints, qualification of the
expert, qualifying the expert, testimonial procedure,
identification procedure, demonstration in courts, purpose
served by fingerprint evidence, cross examination of the expert,
palm and footprints, absence or lack of fingerprints etc.
In 1975, Daniel Alexander, 71 discussed the origin of
fingerprints, meaning of fingerprints, latent fingerprints, how to
take impressions, equipment needed, main types of fingerprints,
ridges and their characteristics, identification of fingerprints,
poroscopy, blurred fingerprints, forged impressions,
classification of fingerprints and the sequence of the ridges and
pen lines etc.