The Role Of Forensic Science In Investigation Admin BASICS OF LAW Sun, Aug 16, 2020, at ,10:36 PM INTRODUCTION- In the previous decade, due to the progress in the justice system, it has been observed that there has been a tremendous evolution in the crime investigation techniques. A lot of new techniques and ideas have been introduced in the criminal investigation process and the use of new scientific tools and disciplines leads to a more accurate conclusion of the investigation. Forensic Science is a discipline that works in the parameter of the law and has a remarkable influence on the justice system. The objective behind using such disciplines in the law is to provide guidance in the process of the discovery of the evidence and investigation of the crime scene. Using these techniques, a more accurate and foolproof report can be deduced which helps in serving justice. In India, witnesses and statements are used as evidence to prove or disprove the innocence of the accused and the one proved guilty is prosecuted. Hence, it can be said that forensic science one of the most important tool in the enforcement of the law. Firearms are the physical evidence such as shotguns, rifles, pistols, revolvers and country-made firearms, etc., which are frequently used in the crime and recovered from the crime scene or any other place during the investigation. The Indian THE ARMS ACT, 1959 provided the definition of firearms under section 2(e) which is as followed: “Firearms” means arms of any description designed or adapted to discharge a projectile or projectiles of any kind by the action of explosive or other forms of energy, and includes— artillery, hand-grenades, riot-pistols or weapons of any kind designed or adapted for the discharge of any noxious liquid, gas or another such thing, accessories for any such firearm designed or adapted to diminish the noise or flash caused by the firing thereof, parts of, and machinery for manufacturing, firearms, and carriages, platforms and appliances for mounting, transporting and serving artillery So, when a firearm is collected by the police or investigating officer from the crime scene then they submit it in the forensic science laboratory for further investigation from that evidence such as firing or handling a firearm may be detected through the analysis of gunshot residue collected by the person, hands or other body surfaces can also be detected. Analysis of Firearms forensic evidence is used in the investigation and prosecution of criminal proceedings, which can be used to link crimes that are thought to be related to one another Forensic Science Forensic science is the application of basic sciences to the criminal justice system. The basic sciences like physics, chemistry, biology, mathematics, statistics etc. are utilized to identify or compare physical evidence in the investigation of crime. The term ‘Forensic’ is derived from the Latin word ‘forensic’ which means ‘belongs to courts of justice’ or ‘to public discussion and debate’. With the advancement in science and technology, the natures of the crime and modus operandi adopted by criminals have undergone a sea-change. The good and reliable eye-witnesses are hard to come by and if available, they are not always reliable, as they are susceptible to coercion, memory lapse, sympathetic leniency, fear psychosis and threat perceptions etc. It is in this context that police and the investigators have to rely on proper, reliable and legal ways of collecting physical evidence using scientific techniques. Thus the police and investigating agencies have to rely on forensic science. Its development has provided a powerful tool in the hands of law enforcement agencies and the judiciary in combating the sinister and manipulative designs of the criminals. There are different forensic science laboratories at central and state level both and these laboratories may have the various divisions:- Ballistics Biology Chemistry Documents Lie-Detector Physics Serology (including DNA profiling) Toxicology The field of forensic firearms identification, sometimes also called as ballistics, it is at its heart the ability of a firearms examiner to determine if a particular bullet or cartridge case was fired from a specific firearm. Role of Forensic Science in Investigation Forensic evidence often helps to establish the guilt or innocence of possible suspects. Analysis of forensic evidence is used in the investigation and prosecution of civil as well as criminal proceedings. Forensic evidence can be used to link crimes that are thought to be related to one another This linking of crimes helps the police authorities to narrow the range of possible suspects and to establish patterns of for crimes to identify and prosecute the suspect. The forensic science reports in case of firearms helps to investigate more about the technicality of the evidence, as the forensic examination includes shell casings, gun powder, bullets, gunshots and other firing characteristics of a weapon, even the slightest remnants of a gunshot can be traced to a specific firearm, where it’s sold and its owner if registered. With the help of forensic examination, the investigation can be done by covering all the crucial information, whatever can be derived from the physical evidence. Forensic Examinations A forensic firearm examination is a process in which the characteristics of a firearm and ballistics are studied to link specific bullets, or rounds, to a specific firearm. From there, further investigation attempts to connect the firearm to a specific person. Often, the serial number on the firearm may be obliterated, especially if the gun is stolen, but other pieces of evidence can still exist, such as fingerprints, blood spatter, clothing fibers, and so on. Furthermore, serial numbers that have been scratched off can often still be recovered through a process using etching fluids or gels, which may restore the numbers to a legible condition. Admissibility of Forensic Report All the forensic reports regarding the firearms or ballistics investigation are considered as an opinion of experts or opinion of the third party when relevant, which is admissible by the court as per the provisions given under Section 45 of the Evidence Act, 1872 Process for collection of Firearms The collection of firearms includes the firearm, ammunition, and associated materials, such as clothing with gunshot residue deposits, everything done by the officer. Before the firearms given in the laboratory following are the mandatory process, which has to be performed: The location and condition of firearms and related evidence at a crime scene should be documented through diagrams and photographs before recovering and securing. Close-up photos of the firearm should document the condition and position of visible features such as the safety, action (e.g. bolt, slide, etc.), and hammer. Although physical evidence is important, safety must be the first consideration. Each situation should be evaluated before deciding to unload an evidence firearm and then all the firearms are submitted to the property room, which must be unloaded. All handguns submitted as evidence must be packaged in a protective "gun box". Long arms submitted as evidence must be appropriately marked and/or tagged. Long arms must be packaged in a protective "gun box" in cases where a laboratory examination is requested. Ammunition, magazines and/or accessories present with firearm evidence should be packaged separately. Separately packaged ammunition and magazine(s) associated with a particular firearm should be placed inside the gun box with the firearm. Officers seizing firearms shall complete a “Firearms Return Receipt Policy” Form and leave it with the person, or at the place where the firearms were seized. The form will include information describing the firearm, the identity of the officer and person from whom it was received from and the HPD Complaint/Incident Number. Completion of this form is not required in the service of a search warrant intended to recover the firearms as evidence which already involves or requires the provision of a search inventory, in cases where the firearm is simply found by an officer or person who is not the owner, or in the event that a firearm is seized as evidence relative to an individual who is carrying or possessing it in violation of the law. Legal provisions related to forensic science Constitution: Article 20 (3) of the Constitution provides that no person shall be compelled to a witness in his own case. This fundamental article provided in the Constitution is to protect a person from any harsh or torturous investigation process to get his statement. It is based on the principle of “innocent until proven guilty”. This provision is also found in Article 11 of the Universal Declaration of Human Rights (UDHR), where it has been stated as the “right to the presumption of innocence”. This right is not just for the stage of trial but for the previous stages of giving statement or production of a document or any other material which can prove him guilty. Indian Evidence Act, 1872: Section 73 of the Indian Evidence Act, 1872, provides that the Court may direct any person including the accused to give his finger impressions, which, as stated by the Supreme Court, does not violate the fundamental right of a person given u/a 20(3) of the Constitution. Criminal Procedural Code, 1973: Section 50, 53, and 164A of the Criminal Procedural Code, 1973, which was amended in 2005, to facilitate the medical examination of the person subjected to arrest. By the amendment, a wider scope of such medical examination was included as stated “the examination of blood, blood-stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and fingernail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case.” Under the Evidence Act, the forensic report is considered as the “belief” of the expert and an expert is someone who, by practice or experience, has become experienced or specialised in any science or his area of expertise. His opinion is undertaken by the Court in any case to understand the scientific approach of the facts and evidence of the case. However, the court is not bound by the expert’s opinion and can completely disagree to it Landmark Judgements The State of Bombay vs. Kathi Kalu Oghad & Others The Court held that giving thumb impressions, specimen signature, blood, hair, semen, etc. by the accused do not amount to being ‘witness’ as stated by Article 20(3). Hence, the accused has no right to make an objection to DNA examinations during investigation or trial. Ramchandra Reddy & Ors. vs. State of Maharashtra In this case, the court upheld the legality using Brain finger-printing, lie-detector test and use of truth serum or narco analysis in a criminal investigation with the prior permission of the Court. Dinesh Dalmia vs. State In this case, the Madras High Court held that subjecting an accused to narco analysis dies not tantamount to testimony by compulsion. However, in a subsequent case of Selvi & Ors. Vs. State of Karnataka & Anr. The Supreme Court held questioned the administration of scientific technique in the process of investigation, done involuntarily and further held that the brain-mapping and polygraph test being inconclusive and its compulsory usage would be constitutionally invalid.