Forensic Law Project
Forensic Law Project
9 th Semester
B.A.LL.B (Hons.)
CONTENTS
Table of Contents
PHYSICAL EVIDENCE ........................................................................................................... 3
INTRODUCTION ................................................................................................................. 3
INTRODUCTION ............................................................................................................... 13
CONCLUSION .................................................................................................................... 18
BIBLIOGRAPHY .................................................................................................................... 19
PHYSICAL EVIDENCE
INTRODUCTION
Evidence is anything that can be used to prove or disprove a point under investigation or
consideration. Physical evidence is the evidence that has physical or material existence. It is
tangible and includes all physical things, living or non-living, solid, liquid or gas. It can be
macroscopic or microscopic. Trace physical evidences are so small that often they cannot be
seen with the naked eye.
Forensic sciences being important factor of the criminal justice system plays a vital role in
providing scientific information through the analysis of physical evidences to the investigator.
The evidences which are present at the crime scene are called Physical-evidence, analysis of
which helps in linking the criminal, victim with each other and with the crime scene. It is
mainly concerned with the identification of traces of evidence left at the scene, their scientific
analysis in the lab and finally reconstruction of events. During an investigation, forensic
evidences are recognised, collected from a crime scene and analyzed scientifically in the
laboratory according to the requirements of the investigative officer. After that the report is
submitted to the court of law. As each crime scene is unique and each case presents its own
challenges, Complex cases may require the collection, examination of a large number of varied
evidences.
In scientific investigation, physical evidences play an important role in linking the suspect and
victim with each other or with the scene of crime. Evidences are recognized, collected from a
crime scene and sent to the laboratory for scientific analysis according to the requirements of
the investigative officer. The physical evidences play a significant role in the investigation of
crime. According to section 157 of Indian Cr. P. C., the crime scene being the richest source of
various types of evidences must be searched thoroughly.
Physical evidence has a significant role to establish that a crime has occurred.It can be useful
to establish a link between the crime, the criminal and the victim. It can also provide leads to
the crime scene investigator during the investigation. The value of physical evidence is
measured by its efficiency in:
Glass Pieces:
Windows or glass windows, particles, or fragments found or transferred to a person or object
involved in crime may be strong evidence.
Such evidence, whether broken by a bullet or otherwise, helps to determine its colour, features,
brightness, density, chemical composition, and refractive index.
The test results provide clues about the crime and help investigators to link evidence with the
suspect or other object used in the crime, such as matching glass from the crime scene to the
suspect's car light.
In addition, a lower surface is usually found for fingerprints and / or blood to be present in
broken glass.
Fracture Matches:
When an object is broken, torn, or cut, two distinct edges are formed, called cracks. These ends
can be compared with the naked eye or microscope to see if they fit together, indicating that
they may have been part of the same object at the same time. Investigators may compare a
piece of tape pieces, pieces of glass, pieces of paint, pieces of car accident, paper bag, etc. to
find the same potential
Questioned Documents:
Any document in question, whether handwritten or handwritten, is sent to the laboratory for
authenticity and source. These types of analysis are widely used for ransom notes, suicide
notes, death threats, and fraud. When typewriters were used, it was easy to compare the
typewriters with the products they produce. With the advent of inkjets and laser printers,
comparing printed texts is almost impossible.
The exception may be if the document can be printed in an unusual font or with a rare ink type.
Since reducing the use of typewriters, document analysis is now more focused on handwritten
texts. Although each manuscript is the first one, no one duplicates the same text twice. The
designers are smart and clever while trying to reproduce the signatures. For these reasons,
handwriting analysis does not usually provide 100% similarity.
Summarizing other types of work in document fragmentation include fraudulent acquisition
and replacement; handwriting comparisons; reconstruction of damaged documents; identify
and compare printers, typewriters or copies used to produce text. Inspectors will analyse a
ransom note or other document to obtain clues to link it to the crime scene or to a specific
suspect. they will analyse the type of paper used, the printing method or handwriting method,
and the type of ink.
Impression Evidence:
3D impressions naturally include tool marks, tire marks, shoe or footprints, compression of lost
or soft soil, and all other types of track ideas, and markings on the skin or on various types of
food .
Bite Marks
Each of the 32 teeth in humans is different due to age and aging.
Impressions and images of the bite marks left on the victim, attacker, or other object at the
scene can often be associated with dental records.
Tool marks:
Small nicks and chips form on the edges of the tool as it is used, which can be used to identify
similarities between the evidence and the suspects. Tools may also pick up blood stains or other
items that can be tested or have raised fingerprints that can be raised.
Drugs:
Drugs are substances that violate the laws governing the sale, production, distribution, and use
of drugs or chemicals and that need to be caught. A large number of perpetrators of some forms
of crime are involved with drugs. Drug production is big business. With the advancement of
technological advances and the easy availability of chemicals, it has become much easier to
manufacture illegal drugs and it has become increasingly difficult to catch suspects.
When suspected drugs are found at the scene or in the body, samples are packed and sent to a
forensic science laboratory for analysis. Preliminary or spot tests to find out who the drug is.
Further verification tests will determine the strength of the drug and its components. The
identification of drugs was completed with the use of various instruments. Although such
equipment is expensive and requires frequent repairs, the results of such tests are significant.
Fingerprints:
It is generally known that when a person touches a subject with his or her hands (according to
Locard's exchange system) that the printing fingers are left behind. Such prints are called latent
prints as they are invisible to the naked eye. The challenge for the palaeontologist is to develop
to identify, these hidden documents to find their owners.
In the past, matching these prints required a narrow field for the suspects, but with the use of
computers and a large database, identifying the suspect's documents has become common
place. Investigators also identified unique features of the ridge on fingerprints that could be
used to identify a suspect or a victim.
AFIS (Automatic Fingerprint Identification System) is a website used by investigators at local,
regional, and national levels to search similar to the fingerprints found at the scene.
Wounds:
Wounds can often be likened to weapons or Armor on a weapon. Investigators may also be able
to determine the size, shape, and length of a weapon. Wound analysis may provide indications
of the victim's injury, the characteristics of the suspect (left hand, right, height, etc.), and the
position of the victim and the suspect at the time of the incident.
Physical evidence must be collected after the initial search, photography and sketching of
the scene of crime.
While collecting and packing the physical evidence, always take care of the following:
(a) Use a pair of gloves while handling any article,
(b) Handle the articles as little as possible so as prevent any loss or damage to the evidence,
(c) Ensure chain of custody during every stage.
Collect enough of the physical evidence to be analysed. It is better to collect excess material
than to have examination failure due to insufficient evidence material.
Ideally the evidence should be submitted to the laboratory in its original form.Blood, hair,
fibers, soil particles, and other types of trace evidence should not normally be removed
from garments, weapons, or other articles that bear them. Instead, the entire object should
be sent to the laboratory. If evidence is found adhering to large structures (door, wall, or
floor), then remove the specimen with appropriate tool.
Control samples must also be taken for comparison. Control samples are collected for
comparison with the physical evidence collected from the crime scene. For example, in
cases involving stained material, it is necessary to also collect the unstained material for
analysis.
In case of difficulty in collection of minute traces of evidence, specialist collection
technique should be used. If trace evidence is on small item and there is a chance of loss,
the trace sub-sample should be placed into a separate container. If the trace is a stain then
the stain should remain on the item for assessment in the forensic science laboratory.
PACKING OF PHYSICAL EVIDENCE
Each article should be separately packed and labelled so that the individuality and identity
are maintained.
As far as possible all packets belonging to one case should be enclosed in a box or outer
covering to form a parcel, unless disparity in size of various articles make this impossible.
The exhibits inside the packing, do not come in contact with each other.
The exhibits do not spill due to the use of unsuitable lids and stoppers.
The container should be strong enough to avoid damage in transit.
The labels should be numbered and should bear the signature of the forwarding officer
along with the case details.
The topside of the box is always indicated on the top of the box and marked “Handle with
Care”.
The exhibits should be sent through a special messenger as far as possible.
The exhibits should be properly sealed.
For Minute traces of hairs, fibers, dust, soil, glass and paint vacuum sweepings is done at
the scene.
It may be necessary to take custody of all clothing worn by the participants in a crime.
Sweepings from each area of a crime scene must be collected and packaged separately.
Fingernail scrapings are to be taken with a blunt instrument, like a toothpick. The scrapings
are to be collected and packaged separately for later microscopic examination.
If there is a deceased victim, the body will be autopsied by a medical examiner or coroner
to collect evidence.
They will be working to determine the cause of death, as well as collecting evidence.
Dried stains on the immovable items are to be swabbed for further analysis. Cotton swab
can be moistened with distilled water or saline.
Blood, hairs, fibers, soil particles, and other types of trace evidence should not be removed
from garments, weapons, or other articles. The entire object should be sent to the lab for
processing.
Liquid biological fluids, to be collected with the help of droppers/pipettes and then
transferred to appropriate vials.
If evidence is found adhering to a large structure, such as a door, wall or floor; remove the
specimen with a forceps or appropriate tool. In the case of a bloodstain, one may either
scrape the stain off the surface or transfer the stain to a moistened swab, or cut the area of
the object bearing the stain.
Wet stains should be air dried first and then packed in a proper ventilated paper bag.
Trace evidences should be collected in the plastic zip pouches. Each different item or
similar items collected at different locations must be placed in separate containers.
Weapons/Tools should be collected in appropriately sized cardboard boxes along with
avoidance of any movement.
Bullets collected from the scene of crime can be packed separately along wrapped in cotton
to avoid any movement that can create further marking.
If any of the evidence is brought to the court, and has undergone a broken chain of custody, the
evidence cannot be presented in the court of law. The chain of custody must always be
maintained by identified persons, who have the authority by law to possess the evidence such
as police officers, forensic experts, evidence technicians, officers of the court, etc.
Chain of custody must be maintained in-Criminal investigation, Civil litigation, Dope testing
of athletes, Clinical trials, Violence and abuse cases, Fields of history, art collection, Postal
services, Research if animals are ethically raised or not, Seizure of prohibited substance,
Seizure of money, gold ornaments or other valuables by income tax, customs or revenue
departments, Testing of food products, Firearms injuries.
WHY IS IT IMPORTANT TO MAINTAIN CHAIN OF CUSTODY
Chain of custody begins from the crime scene itself, and continues till the evidence is presented
in the court. Chain of custody exists to ensure full transparency of the process of how an
evidence is collected, handled and stored. It is of the utmost importance in a case to maintain
each and every record of the evidence from the date of collection to the date of presentation
before the court, because if even any one entry is missed, the evidence will become
inadmissible in the court and non presentation of even one evidence can assuredly affect the
decision given by the court. A broken chain of custody can result in failure to serve justice. A
paper trail must be maintained so that people in- charge of the evidence can at any moment be
quickly identified and called upon to testify during a trial if necessary. When a proper chain of
custody is maintained, it prevents the police officials and other lab or law officers to tamper
the evidence, as the record of who collected the evidence, who handled it, period of
guardianship of the evidence, safeguarding conditions while storing the evidence, and how an
evidence is handed over to the subsequent custodians each time a transfer takes place, and
through this record if any evidence is tampered it can be easily traced as to who played with
the evidence and can thus be punished for the same. The chain of custody helps in maintaining
the integrity and authenticity of the evidence by careful and cautious handling of the evidence.
In the case of Mukesh and Ors. v. State (NCT of Delhi) and ors, (2017) the Supreme Court said
that a DNA sample is admissible in the court only when it is proved that there is no error in
sampling and the sample is not tampered.
In the much controversial O.J. Simpson murder trial case in the 1990s, there was an improper
handling of evidence and a broken chain of custody.
2. Keeping the evidence collected safe in sealed bags with unique identification numbers.
6. Maintaining the record of every procedure which the evidence is handled through.
7. Presenting the evidence with all authenticated records before the court.
If there appears to be a broken chain of custody, or if any evidence is found tampered, in such
a case the police officers who are entrusted with the responsibility of keeping the evidence safe
are questioned and the outcome of the trial is also affected. So, maintaining a proper chain of
custody is a very crucial responsibility and the police officers must perform this responsibility
with the utmost vigilance.
In the case of State vs. Mohd. Afzal and Ors. (2003), the Delhi High Court said that computer
generated electronic records are considered as evidence, and are admissible in a court if proved
in the manner as is described in Section 65B of the Indian Evidence Act, 1872.
In another case of Arjun Pandit Rao vs. Kailash Kushanrao (2020), the Supreme Court said
that compliance with the provisions of Section 65B of The Indian Evidence Act, 1872 is a
necessary condition for admissibility of electronic evidence in the court.
In the case of Anvar P.V. v. P.K. Basheer (2014), it was held by the Supreme Court that a written
and signed certificate under Section 65B(4) of the Indian Evidence Act is mandatory for
admissibility of electronic evidence. The Court also said that oral evidence cannot be presented
to support the electronic evidence.
For these reasons, digital evidence is always kept password secured and is under the charge of
a computer forensics technician.
CHAIN OF DRUG TEST EVIDENCE
Many a times, the court can order a drug test, like a drug test of players, doctors, parents
wanting custody of the child, and other situations. The test varies according to the rules of a
particular jurisdiction. All types of illegal substances are detected in this test. These tests mainly
take place through saliva or urine samples. The court may also order a hair follicle test, when
detection is for over a long period of time. The results of such tests can have a serious impact
on the outcome of the case. Therefore, such samples must be handled with the utmost care, and
a proper chain of custody must be established to ensure that samples and the name marks are
not mixed, which is a very common malpractice. Every detail regarding the collection, storage,
transfer, analysis and disposal of the sample must be noted down.
Date of collection;
Time of collection;
Case investigator;
Descriptive list of items submitted for examination (includes the model, serial number
and make);
Brief description of steps taken during examination (searching old files, recovering
erased data);
Signature of each individual involved in the chain of custody, with correct date and
time; and
1. The first step in the procedure to establish a chain of custody is collecting evidence. It
involves identification, labelling, recording and collecting data from all the relevant
sources. The data collected must be kept safely to retain its authenticity.
2. The second step is the examination of the evidence collected. It is important to note
down all the methods and procedures that are taking place during the examination of
evidence.
3. The third step is using legally justifiable techniques and methods to analyse the
evidence and derive information useful enough to answer the questions raised in a
“case”.
4. The fourth step is reporting all the information obtained by examining and analysing
the evidence. It includes information like issues and weaknesses identified with
suggestions for any other additional measure to re-examine the evidence, description of
the various tools being used in the process.
There are some points enlisted below which must be remembered by the officials in- charge of
the chain of custody-
3. Before submitting the evidence in the court, double check the markings to avoid any
confusion before the court.
4. Photos and screenshots of the original evidence must always be taken (physical or
digital).
5. Modern software systems can help to track the movement of all types of evidence.
6. All the names, unique identification numbers, dates and other relevant information must
be checked before submitting the evidence in the court.
7. Witnesses for the evidence can increase the credibility of the evidence.
CONCLUSION
Maintaining a proper chain of custody must be considered as a professional and ethical
responsibility for those who are incharge of the evidence. In India, very few people have the
habit of following the procedure. In the same way, a correct chain of custody is hardly
maintained by the officers as they think that it does not hold much importance, but little do
they know that the admissibility of any evidence in the court of law depends on the nature of
the chain of custody maintained by them. Therefore, it is important to create awareness about
the procedure to maintain a correct chain of custody among the officials dealing with such
cases. This will gradually help in ensuring quick justice to the people.
BIBLIOGRAPHY
Modi's Medical Jurisprudence and Toxicology, K. Mathiharan and Amrit K Patnalk,
LexisNexis, Buttersworth, 2010
Textbook of Modis Medical Jurisprudence and Toxicology, K. Kannan and K. Mathiharan,
Buttersworths India, 2012
Medical Jurisprudence and Toxicology (Law Practice and Procedure), K.S. Narayan Reddy,
ALT Publications, 2006
http://www.dfs.nic.in/pdfs/IO%20-Forensic%20evidence-uidelines%20for%20%20IO.pdf
https://onlinelibrary.wiley.com/doi/abs/10.1002/9783527827688.ch4
https://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/S000016FS/P001104/M01407
0/ET/1456987349FSC_P1_M22_e-text.pdf
https://www.forensicscienceexpert.com/2019/12/physical-evidences-in-forensic-
science.html