Académique Documents
Professionnel Documents
Culture Documents
Guided by-
Dr. Vinaya Lambat
Prof. Sunishtha Moghe
Submitted by-
Jaskeerat Singh Johar
th
4 Year B.BA.LL.B (Hons.)
PRN- 15010126330
Roll No. 330
Division – D
FORENSIC SCIENCE | 2nd INTERNAL ASSIGNMENT | SYMBIOSIS LAW SCHOOL PUNE
INDEX
CONTENTS PAGINATIONS
ABSTRACT 3
Chapter- I 3-8
INTRODUCTION
1.1 Questioned Document Examination
1.2 Scope of Document Examination
1.3 Research Questions
1.4 Hypothesis
1.5 Research Methodology
1.6 Literature Review
Chapter- II 9-11
INTERPRETATION OF TECHNICAL FACTORS AND ANALYSIS OF QUESTIONED
DOCUMENTS
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ABSTRACT
The judiciary system in India is encountering various intricate issues that have led to unusual
delays in its administration resulting in more than millions of cases to be pending in Indian Court.
The prime contribution of Forensic Science is to assist the justice delivery by highlighting the facts
behind the crime using scientific testing of questioned documents evidence in the criminal, civil,
regulatory, as well as statutory cases. The present study makes a sincere attempt to appreciate and
recognize the usefulness and efficiency of the techniques and tools adopted and applied to ensure
the dependability and consistency of questioned documents as a proof in the Court of Law.
Admissibility of questioned document examination in the court of law is one of the less attended
topics in the area of research work as it is very less accessible to common people. The findings
indicated that (1) the existing technology adopted in analyzing questioned document is
significantly inefficient; (2) the extent of the training, work experience, required skills, and
qualification for the experts are significantly insufficient; (3) the effectiveness of conventional
techniques from modern techniques is significantly different; (4) the level of standards imposed
on reliability of questioned document evidence is significantly low.
I. INTRODUCTION
In the present scenario with the development of new and modern technologies, criminal and anti-
social activities in India have taken another slope. In the field of Questioned Document
Examination, exploring work force's now and then confronted issues because of the non-
accessibility of standard examples from the suspects of crimes. Therefore, one of the significant
difficulties before the law enforcement agencies is to create an investigative instrument that along
with the conventional methodology of authorship identification also enhances the viability of the
identification process. To settle the authorship of any Questioned Document, it is essential in the
connection of white collar crime i.e. criminal activities including fabrication, forging, identity
theft, or suicide note. The examination of these sorts of reports is imperative in light of the fact
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that they are created specifically in the court of law as an interfacing connection between the culprit
and the committed crime (Douglas et al. 1986).1
Document offered as ready reference conspicuously in all way of business and individual
undertakings. Very nearly any archive may get to be questioned in an examination or prosecution.
Document Experts characterize the saying "document" or the questioned document in an extremely
expansive logic as being any matter bearing cheques, signs or images proposed to pass on a
message or to intend to somebody. This includes customary paper document additionally
incorporates things like graffiti on a divider, stamp impacts on meat items, or secretive markings
stowed away in a composed letter, etc.
It is said that documents depict man, his motives, his words, and his works. We encounter them in
many of the cases in our day to day life. A document is any material containing marks, symbols,
or signs that convey meaning and message to someone. Majority of documents are written on the
paper either by hand with pen, pencil, ink or by typewriter or computer generated documents which
are produced by printer. It doesn't mean that documents are only written on paper with pen or
pencil.
Wills written on woods, signs painted on walls and windows, carved letters and tombstones are
also forms of documents. Among all these documents is a group which, though numerous by count,
actually constitutes a minute part of the whole is known as "Questioned Documents" (Levinson,
2001)2. A Questioned Document is the one whose source or authenticity is unknown or is in doubt
or is suspected of being fraudulent. A Questioned Document like other documents may have been
prepared by numerous materials available. Not all the questioned documents are fraudulent, nor
all are instruments of crime (Hilton, 1982)3. Some of them raise serious suspicion. First scientific
study of examination and analysis of questioned document was carried out by Albert Osborn.4 He
1
Douglas,. J. E, Ressler., R. K, Burgess., A. W & Hartman., C. R. (1986). Criminal Profiling from Crime Scene
Analysis. ‘Behavioural sciences & the law’, pp. 401-421.
2
Levinson, J. (2001). “Questioned Documents: A Lawyer's Handbook”, Academic Press, 2001 - Law – pp.217.
3
Hilton, O. (1982). “Scientific Examination of Questioned Documents”. Elsevier, New York, pp. 10, 17, 153–157,
174.
4
Albert. S. Osborn (1940), The Investigation and Trial of Questioned Document, ‘Journal of Criminal Law and
Criminology’, Vol. 31(2).
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Questioned document examination is a term for a forensic knowledge discipline about documents
that are potentially doubtful in a court of law (Ellen, 2005)5. A significant aspect of Questioned
Document examination is concerned with handwriting. The assessment of handwriting to evaluate
probable authorship proceeds from the above principle of recognition by applying it to a
comparison of samples of handwritten material.
Document examination is an important part of the forensic sciences, and the legal system regularly
needs the knowledge and skills of the scientific expert when this type of evidence is involved in
criminal or civil matters. It is a very broad area that involves many different activities. For instance,
from birth certificates to death certificates, documents are used in daily transactions to pay
(banknotes, cheques), to trade (letters, contracts, bills, invoices), to be identified (identity cards,
passports), to travel (transport tickets), to transfer knowledge (books, newspapers) and for many
other activities. In all these situations, it is possible to encounter the various materials used to
produce a document. The origin of the paper, the ink, the writing instrument or the device used to
impart markings (printer, photocopier, or typewriter) may be an important consideration from a
forensic perspective. The illegal manipulation of documents has a significant detrimental impact
on the economies of every nation. For instance, it is estimated that counterfeit and falsified
documents in the United States cost billions of dollars each year (Brunelle, 2002).6
Case 1: Madhuri Kumari v. The State of Bihar & Ors.7 on 17 April 2012
The petitioner seeks the relief for grant of admission in Para Medical Dental Course (here in after
referred as “Dental Course”) pursuant to her candidature at the examination conducted by the
Board in the year 2011. It is submitted that after she competed in the written examination held on
4.6.2011 the petitioner was asked to appear for counseling on 10.11.2011. At the time of
counseling an objection was raised by three Professors constituting the Counseling Committee that
the photograph of the candidate who appeared at the examination was not tallying with her Patna
5
Ellen, D. (2005). “Scientific Examination of Documents Methods and Techniques, Third Edition”. CRC Press,
pp.248l.
6
Richard. L. Brunelle and Kenneth. R. Crawford (2003), “Advances in the Forensic Analysis and Dating of Writing
Ink”, Charles C Thomas Pub Ltd, USA.
7
Madhuri Kumari v. The State of Bihar & Ors., CWJC No.4875 of 2012, Patna High Court (India).
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High Court CWJC No.4875 of 2012 (3) dt.17-04-2012 appearance before them. The petitioner was
asked to write a passage. On comparison of her handwriting at the examination and the same
passage during counseling it was opined on a joint consideration of the handwriting and
photograph that it was a case of impersonation by the candidate recommending lodging of an FIR.
Hawai Adda PS Case No. 200 of 2011 was lodged by one Umeshwar Prasad under Sections 419,
420, 468 and 34 IPC against the petitioner. Admissions become a non-issue. The petitioner was
taken into custody on the date of counseling i.e. 10.11.2011 and was released on 25.11.2011. She
remained in custody for approximately two weeks. The petitioner denies that any dummy
candidate appeared on her behalf. It is asserted later that the photographs taken at the time of
written examination and the counseling sufficiently disclose that they belong to the same person.
There is no difference in the handwriting to warrant any such opinion as arrived at by the
respondents.
The damage that had been done to the petitioner at this young age by the institution referred in the
FIR is not reversible. It shall be a stigma for her throughout her life. If she applies for employment
anywhere tomorrow, she shall have to disclose that she was made accused in a criminal case and
was sent to custody on an allegation of impersonation. The employer may not wait or be willing
to hear what happened after that. It may be the end of her career.
A questioned document examiner is nearly connected with the legitimate framework as a scientific
researcher. Forensic science is the use of science to manage issues under thought in the legitimate
framework. Measurable Document Examiners investigate things (records) that shape part of a case
that might possibly precede an official courtroom.
Common criminal charges in a scientific examination case fall into the "cushy wrongdoing" class.
This contains fraud, imitation, forging and so on. Addressed reports are huge in light of the fact
that records are utilized as a part of various wrongdoings e.g. a man may submit murder and
produce a suicide note. All the more regularly an addressed report is just the by-result of typical
everyday business or individual exercises.
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Research Questions
There has been a significant progress in the area of questioned document examination in India
from the past decade owing to modernization in forensic methods. It is quite difficult to measure
the level of effectiveness of the adoption of the tool, techniques, as well as the standards for the
organization established in India. Hence, the questions that emerged from the preliminary
situational analysis of the available information about this area from research viewpoint are as
follows:
RQ 1: What are the significant impediments encountered by the organization dealing with
questioned documents examination?
RQ 2: Is the level of training, experiences, skills, and qualification for the experts sufficient
enough?
RQ 5: What are the levels of standards for the questioned document evidence in the present
situation?
Hypothesis
The hypothesis of the proposed study is based on the pre-assumption made by the researcher before
initiating the actual research work. However, the prime goal of the proposed study is also to
perform statistical evaluation to prove the acceptance or rejection of the hypothesis. The null
hypotheses considered for the study are as follows:
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Research Methodology
The study is based on the secondary source of information. The doctrinaire study will be in the
form of secondary data or material collected from various sources like books, dictionaries,
encyclopedia, journals, websites, newspaper and judicial pronouncement of India as well as
foreign court.
Literature Review
Dogaroiu’s (Retrieved, 2014) paper entitled “Forensic Examination of Typewritten and Office
Printed Documents” focuses on the determination of class and individual characteristics mainly by
physical methods (visual, optical, spectroscopic techniques) and chemical methods. The study
gave significant guidelines towards modern techniques adopted in questioned document
examination.
A report was presented by Srihari et al (2010) entitled “Computational methods for handwritten
questioned document examination” which focus on review endeavors to build up the investigative
premise of forensic document examination some of which depend on computational speculations
and also programming instruments to help document examiners.
Gupta’s (2008) study centered towards a productive answer for three distinct uses of identifying
handwriting. The study then dissects the discriminative data from web penmanship to propose a
productive and precise methodology for content ward essayist confirmation for down to earth and
low-security applications.
A paper was presented by Jarvis (2008) on documents and handwriting for the motive of
presenting authenticity or otherwise. Over 100 years of research and study have recognized
technical principles that may be employed to recognize the writer of a suspect or questioned
document.
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This rule has been universally acted upon and it has almost become a rule of law. It was held by
the Court in Ram Chandra v. State of U.P.9, that it is unsafe to treat expert handwriting opinion as
sufficient basis for conviction, but it may be relied upon when supported by other items of internal
and external evidence. This Court again pointed out in Ishwari Prasad v. Md. Isa,10 that expert
evidence of handwriting can never be conclusive because it is, after all, opinion evidence, and this
view was reiterated in Shashi Kumar v. Subodh Kumar11, where it was pointed out by this Court
that expert's evidence as to handwriting being opinion evidence can rarely, if ever, take the place
of substantive evidence and before acting on such evidence, it would be desirable to consider
whether it is corroborated either by clear direct evidence or by circumstantial evidence.
This Court had again occasion to consider the evidentiary value of expert opinion in regard to
handwriting in Fakhruddin v. State of M.P,12 and if uttered a note of caution pointing out that it
would be risky to found a conviction solely on the evidence of handwriting expert and before
8
Magan Bihari Lal v. State of Punjab, 1977 AIR 1091 (India).
9
Ram Chandra v. State of U.P., AIR 1987 SC 381 (India).
10
Ishwari Prasad v. Md. Isa, 1963 AIR 1728 (India).
11
Shashi Kumar v. Subodh Kumar, 1964 AIR (SC) 529 (India).
12
Fakhruddin v. State of M.P, AIR 1967 SC 1326 (India).
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acting upon such evidence the Court must always try to see whether it is corroborated by other
evidence, direct or circumstantial. It is interesting to note that the same view is also echoed in the
judgments of English and American Courts. Vide Gurney v. Longlands13, and Matter of Alford
Foster's Will,14 34 Mich 21. The Supreme Court of Michigan pointed out in the last mentioned
case: "Everyone knows how very unsafe it is to rely upon any one's opinion concerning the niceties
of penmanship - Opinions are necessarily received, and may be valuable, but at best this kind of
evidence is a necessary evil." We need not subscribe to the extreme view expressed by the Supreme
Court of Michigan, but there can be no doubt that this type of evidence, being opinion evidence,
is by its very nature, weak and infirm and cannot of itself form the basis for a conviction.
Contending that the opinion of handwriting expert is not an exact science and that it would be
unsafe to base conclusion on the basis of such opinion evidence, the learned Senior Counsel Mr.
Parthasarathy has placed reliance upon Vandavasi Karthikeya @ Krishna Murthy v. S. Kalamma
and Ors.,15 observing that Court has to take great care in deciding the genuineness of handwriting
expert, the Andhra Pradesh High Court has held as under: The science of hand-writing is not an
exact science unlike the science of fingerprints. Even experts tend to commit errors in giving their
opinions on the genuineness o the signatures and handwriting. Even in genuine writing, at times,
the pen hesitates or even stops especially when the author is under great physical or mental strain.
Sometimes, it would be difficult for an expert to examine even the genuineness of different
writings, each having its own individuality, but all by the same author.
It requires intelligent comparison to differentiate the genuine signature from the forged one. Great
care and caution should be exercised especially when the Court assisted by the evidence of an
expert in determining the genuineness of a signature of handwriting. Even while calling experts, it
is now admitted by all authorities that if one cannot get a competent man, it is better not to adduce
any expert evidence at all.
Majority of the case laws have the opinion that the document evidence is not given full weightage
in the delivery of justice as the document evidence can be manipulated, tampered, forged and
fabricated according to circumstances of the case. According to these case laws, as the document
13
Vide Gurney v. Longlands, (1822) 5B & Ald 330 (US).
14
Alford Foster's Will, 34 Mich 21 (US).
15
Vandavasi Karthikeya @ Krishna Murthy v. S. Kalamma and Ors., AIR 1994 AP 102 (India).
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evidence can be altered, the percentage of mistakes is high and Document Expert’s Evidence is
Fallible because it is opinion based and opinions change from one person to another. Document
evidence cannot be brushed aside without any justifiable reason. Document evidence can be given
full weightage provided it is genuine and trustworthy and has a supporting evidence to prove it
and if it is scientific.16 The weightage to the document evidence is given looking into the factor of
custody of the document as the document evidence can be proved by adding oral evidence.
Moreover the document expert’s evidence is fallible because it is opinion based not result based
as serological, toxicological and fingerprint evidences.17
The present research throws light on some of the major findings in relation with Admissibility of
Questioned Documents in the Court of Law. Majority of the cases were of the opinion that court
prefers to outsource investigation process to government based labs compared to private-based
labs, Majority of the cases held that the government labs are more reliable to produce better
services/results as compared to private labs, these cases highlights that the questioned document
examination process using latest technologies considerably saves time and speed up court
processing, modern technologies of questioned document examination have helped in solving the
cases faster, It has also been found that admissibility of modern questioned document examination
techniques are high in court of law compared to conventional modern questioned document
examination techniques, the traditional methods of questioned document analysis have time
constraint to yield results and are more based on human skills, experts must be given proper
training to present questioned document evidence in the court of law and the expert witness suffers
due to improper forensic evidence, It is believed that Forensic Document Expert’s Evidence is not
accepted in the court of law unless it is corroborated by other evidences because the Document
expert’s evidence is opinion based and therefore it is fallible.18
16
Durina, M., Caligiuri, M.P., 2009. The determination of authorship from a homogenous group of writers. ‘J. Am.
Soc. Questioned Document Exam’. 12, 77–90.
17
Levinson, J. (2001). “Questioned Documents: A Lawyer's Handbook”, Academic Press, 2001 - Law – pp.217.
18
Kelly, J. S and Lindblom, B. S. (2006). “Scientific Examination of Questioned Documents, Second Edition”. CRC
Press, pp.464.
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In the study it was found that the hypotheses which were formulated have been accepted.
Suggestions
Older conventional technologies are more based on human skills where the probability of making
mistakes is high on the other hand modern technologies are reliable, accurate and gives faster
results.19 With the advanced and improved technologies, most of the cold cases which were
pending for years are finally being solved.
1. Proper protocols should be formulated and they should be followed by the State and Central
Forensic Science Laboratories for standardization of Questioned Document evidence.
2. Document experts should be qualified and well trained to handle the questioned document
cases.
3. A Document examiner should use latest technologies rather than conventional technologies
19
Kelly, J. S and Lindblom, B. S. (2006). “Scientific Examination of Questioned Documents, Second Edition”. CRC
Press, pp.464.
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Conclusion
The present research is aimed at Forensic Examination of Questioned Documents i.e. study of the
technology used in the analysis and examination of questioned documents and its admissibility as
evidence in the court of law. At present major part of examination of questioned documents is
done manually by experts. Although we have huge technology lined up which can be used to
analyze documents in all its fields i.e. it may be either Handwriting or Signature verification, Ink
and Paper examination, Alterations, Obliterations, Erasures and Charred Documents etc. The
opinion of the document expert is fallible because the outcome of the examination conducted by
the experts does not give perfect scientific results except in some cases where technology such as
Video Spectral Comparator (VSC) or Electrostatic Detection Apparatus (ESDA) or Stereo
Microscope and many other instruments are used.20 The outcome which is gathered using these
technologies is accurate and perfect and the Honorable court can be convinced with the results
obtained from them. Present research is an approach to understand where the document evidence
is lagging behind in convincing the honorable court. Technology has advanced from the use of
Microscopes till the use of FISHER and CEDER FOX, FTIR, Raman Spectroscopy and so on.21
20
Yadav, S., & Jha, S. (2001). A Framework for Authorship Identification of Questioned Documents: Forensic and
Linguistic Convergence. ‘MJAL’, Vol. 3(1), pp.1-7.
21
Stuart H. James and Jon. J. Nordby (2005), “Forensic Science- An Introduction to Scientific and Investigative
Techniques”, CRC Press, Florida, pp 423-439.
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Technology is yet to be developed, the future of the examination of questioned documents is yet
to be framed. With the advancement of Technology the Forensic Science Laboratories must adopt
those technologies for the betterment which in turn helps in standardization of Questioned
Document Evidence in the court of law.
CASE LAWS:-
Indian Cases
Foreign Cases
BOOKS REFERRED:-
1. Bradford R. R., and Bradford R. B., (1992), “Introduction to Handwriting Examination and
Identification”, Burnham Inc. Pub.
2. Kelly, J. S and Lindblom, B. S. (2006). “Scientific Examination of Questioned Documents,
Second Edition”. CRC Press, pp.464.
3. Levinson, J. (2001). “Questioned Documents: A Lawyer's Handbook”, Academic Press,
2001 - Law – pp.217.
4. Osborn, A., 1910. “Questioned Documents”. Lawyers’ Co-operative Publishing Co,
Rochester, New York.
5. Pyrek, K. (2010). “Forensic Science Under Siege: The Challenges of Forensic Laboratories
and the Medico-Legal Investigation System”, Academic Press, Medical - 568 pages.
6. Robertson, E. W. (1991), “Fundamentals of Document Examination”, Burnham Inc Pub.
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ARTICLES / JOURNALS:-
1. Albert. S. Osborn (1940), The Investigation and Trial of Questioned Document, ‘Journal
of Criminal Law and Criminology’, Vol. 31(2).
2. Albert. S. Osborn (1942), Beginning of Disputed Document Case, ‘Journal of Criminal
Law and Criminology’, Vol. 32(6).
3. Baxendale, D., Renshaw, I.D., (1979). The large scale searching of handwriting samples.
‘J. Forensic Sci. Soc’. 19, 245.
4. Beacom, M., (1960). A study of handwriting by twins and other persons of multiple births.
‘J. Forensic Sci’. 5, 121–131.
5. Boot, D., 1998. An investigation into the degree of similarity in the handwriting of identical
and fraternal twins in New Zealand. ‘J. Am. Soc. Questioned Document Exam’. 1 (2), 70–
81.
6. C. Ainsworth. Mitchel, (1932), Scientific Documentary Evidence in Criminal Trails,
‘Journal of Criminal Law and Criminology’, Vol. 23(2).
7. C. P. Saunders, L. J. Davis, and J. Buscaglia (2011), Using auto- mated comparisons to
quantify handwriting individuality, ‘J. Forensic Sciences’ 56(3), pp. 683–689, Wiley.
8. Cha, S. H., Yoon, S., & Tappert, C. C. (2006). Handwriting Copybook Style Identification
For Questioned Document Examination. ‘Journal of Forensic Document
Examination’.Vol.17. pp. 1-16.
9. David A. Black (1952), The Microscope in Document Examination,’ Journal of Criminal
Law and Criminology’, Vol 42(6).
10. Dogăroiu, C. (Retrieved, 2014). Forensic Examination of Typewritten and Office Printed
Documents. ‘International Journal of Criminal Investigation’, Vol. 1(1), pp. 11-16.
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11. Durina, M., Caligiuri, M.P., 2009. The determination of authorship from a homogenous
group of writers. ‘J. Am. Soc. Questioned Document Exam’. 12, 77–90.
12. K. S. Puri (1965), Effects of Intoxication on Handwriting, ‘Journal of Criminal Law and
Criminology’, Vol. 56(3).
13. Rajesh. Kumar (2011), Evaluation of two Instrumental Methods of Comparing Writing
Paper, ‘Journal of Forensic Sciences’, Vol. 56(2).
14. S. N. Srihari, H. Srinivasan, and K. Desai, Questioned document examination using
CEDAR-FOX, ‘J. Forensic Document Examination’ 18, pp. 1–20, 2007.
15. Sita, J., Found, B., Rogers, D.K. (2002). Forensic Handwriting Examiner’s Expertise for
Signature Comparison. ‘J. Forensic Sci’. 47 (5), 1117–1124.
16. Srihari, S.N., S-H Cha, H. Arora and S. Lee, (2002), Individuality of Handwriting, ‘Journal
of Forensic Sciences’, 44(4): 856-72.
17. Tewari RK, Ravikumar KV (2000), History and Development of Forensic Science in India,
‘Journal of Postgraduate Medicine’, Vol. 46(4), pp. 303-308.
18. Vastrick, T., (2004). Admissibility issues in forensic document examination. ‘J. Am. Soc.
Questioned Document Exam’. 7 (1), 37–47.
19. Yadav, S., & Jha, S. (2001). A Framework for Authorship Identification of Questioned
Documents: Forensic and Linguistic Convergence. ‘MJAL’, Vol. 3(1), pp.1-7.
REPORTS:-
1. Jarvis, M.W.B. (2008). The Application of Forensic Document Examination Techniques
to the Writings of J. S. Bach and A. M. Bach. Forensic Document Examination is the study
of physical evidence, and physical, pp. 8.
2. Srihari, S. N. (2010). Computational methods for handwritten questioned document
examination. National Criminal Justice Research Report.
3. Tania Correia, “Legal Admissibility of Documentary Evidence In Civil And Criminal
Proceedings”.
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