Role of Forensic Science in Investigation of CAW: Chapter - V

CHAPTER – V
ROLE OF FORENSIC
SCIENCE IN
INVESTIGATION OF
CAW
CHAPTER-5
ROLE OF FORENSIC SCIENCE IN INVESTIGATION OF CAW
Introduction
Nowadays whether we read morning newspaper or watch news channel, we are hit by
reports of dozens of awful happenings like rape, murder, molestation, racial attacks
and verbal assaults pertaining to women throughout India, which reflects the
miserable state of women.
These crime against women include sexual assault, sexual harassment, sexual slavery,
forced pregnancy, rape, domestic violence, female infanticide, stalking, pornography,
kidnapping, threats, intimidation, coercion, stalking, humiliating verbal abuse, dowry
related violence, exploitation of female employees or household workers and
trafficking leading to prostitution. But its harrowing to know that about 1,21,673
cases of crime against women were pending, which is about 92% of total cases 241. This
might be due to delayed judicial processes, over-burdened courts, the lack of
independent police and investigating agencies and absence of independent and
competent prosecutors. Further insult to injury is that, in those 8% cases where trial
was completed, about 77% were acquitted or discharged mostly due to insufficient
evidence to hold the perpetrator guilty.
In female victimization cases it is essentially critical to collect and preserve the

samples and evidences (especially biological) very carefully because negligence could
lead to degradation or destruction of the exhibits and will fail to establish the guilt of
the accused without doubt. Women victims face immense problems during
investigations and trial because of apathy from police officers as most of them are not
trained to deal with such cases and lack expertise, not equipped to collect evidence
especially in sexual assault cases. Misplacing and destroying of evidence of rape or
unnatural death results in delays in court proceedings and ultimately perpetrator‘s
acquittal.
241
Crime in India 2016 statistics, National Crime Records Bureau, available at
http://ncrb.gov.in/StatPublications/CII/CII2016/cii2016.html, accessed on 29-10-2018
Advancement in technology in last few decades and its infusion in crime investigation
has been revolutionary in the criminal justice process. It has become imperative for
the Law enforcement agencies use scientific tools and techniques not only to detect a
crime, but also to reconstruct the crime scene, identify and nab the alleged offender or
suspects. Prosecution, based on the proofs collected with the aid of technology, then
establishes the vital links and create the chain of evidences; the courts, then take
account of these evidences, otherwise infallible, and determine with increased
certainty the innocence or guilt of the offender. It won‘t be incorrect to say that the
efficiency and effectiveness of the criminal justice functioning is directly proportional
to the extent of use of scientific tools and techniques in crime investigation.
The characteristic of our criminal justice system is the attentive look for reality. Our
technique of inquiry, rules of criminal procedure and appellate procedure are
fundamentally designed to make certain that the responsible are punished whereas the
innocent are protected. However, while ours is a system to be appreciated, it is not an
ideal system, and those charged with the administration of justice have a
responsibility to seek its continued improvement.
The idea of forensic science is not new. In ancient India, medical opinion was
frequently applied to the requirements of the law. Sir William Herschel was one of the
first to advocate the use of fingerprinting in the identification of criminal suspects. 242
Fingerprint evidence was first accepted in an Argentine court in the 1890s and in an
English court in 1902.243
Locard‟s Principle of Exchange
Edmund Locard in 1910 recognized first the worth of trace (or contact) forensic
evidence and was the director of the very first crime laboratory in existence in Lyon,
France. He professed that with contact between two items, there will be an exchange
and every contact leaves a trace. He deduced that, ―Whenever two objects come into
contact, they always leave a trace on the other‖ and ―Every criminal can be connected
to his crime by contact traces carried from the scene of crime or left by him at the
scene of crime‖244. For example, a thief will leave traces of his presence behind (like
the hairs from their body or fibers from their clothing) and will also take traces with
242
https://en.wikipedia.org/wiki/Forensic_science
243
https://www.britannica.com/topic/crime-law/Detection-of-crime
244
http://www.forensicsciencesimplified.org/trace/
him (like carpet fibers stuck in their footwear). There can be numerous trace evidence
which can be analyzed depending upon the circumstances of the crime scene like,
paint residue, glass pieces, dirt or dust, hair or fibre, shoeprints or footprints,
fingerprints, tire marks, bite marks, tool marks, body fluids like semen saliva blood
sweat or urine. Even knowledge of lifecycle of insects is used to ascertain the time of
death or post mortem interval by forensic entomologists.
Science and law, two distinctive professions have more and more become co-mingled,
to ensure that a fair procedure and to observe that justice is done. The application of
advance science which embraces all domains like Physics, Chemistry, Biology,
Toxicology, Pathology, Serology, Entomology, Odontology, Ballistic, Digital
Technology and other allied fields like Geology, Anthropology, Meteorology,
Photography etc. in criminal law is commonly understood as the forensic science in
the field of law. There are several forensic science techniques, each specialize in
unique domain to aid in solving crimes though some of these fields also overlap but
adhere to scientific method and ensure lack of bias.
Forensic science, an amalgamation of almost all faculties of knowledge, is an

essential and efficient enabler in the dispensation of justice in criminal, civil,
regulatory and social contexts. Forensic science is an advanced scientific technique
which is used in criminal and civil investigations, it is capable of answering important
questions and forms an integrated part of criminal justice system 245. It includes all
well-known techniques such as fingerprint analysis, DNA analysis, ballistic, firearms
or explosive culture etc. It plays a key role in conviction of those who are guilty of
crime and can help in acquittal of the innocent.
The area of forensic science is changing very fast by the new technologies and
methods. Nowadays use of DNA tests, high-performance liquid chromatography,
mass spectrometry, 3-D computer imaging, and other sophisticated technologies are
used by scientists to reconstruct the offence and the mishap. The modern forensic
science can differentiate trace element and organic materials down to the level of
merely a few hundred molecules.
245
Applicability of Forensic Science in Criminal Justice System in India by Manisha Chakraborty, Dr.
Dipa Dube
Forensic evidence is a discipline that functions within the parameters of the legal
system. Its purpose is to provide guidance to those conducting criminal investigation
and to supply to courts accurate information upon which they can rely in resolving
criminal and civil disputes.
Forensic science is one of the important aspects of criminal justice as it deals with
scientific examination of physical clues collected from the crime scene. The
circumstances, evidence and crime scene indicate the type (what) of the crime and
location (where) of the crime. Forensic science explains the identity (who) of the
suspect who committed the crime as well as the time (when) of the incident and
forensic investigation reveals the modus operandi (how) of the crime and it
establishes the motive behind the crime. The forensic investigators reconstruct
identity of the offender and the victim.
Investigation process consists of evidence collection at crime scene or from a person

(victim/ suspect), analysis in a crime laboratory and presentation of results in court.
Each crime scene is unique, and each case presents its own challenges. 246 Forensic
science plays a vital role in the criminal justice system by providing scientifically
based information through the analysis of physical evidence, the identity of the
offender through personal clues like fingerprint, footprints, blood drops or hair. It
links the culprit with the crime through the traces left by him or carried from the
crime scene and victim. Also, if the traces or clues retrieved do not link the accused
with the victim or the scene of occurrence, the innocence of the accused is
ascertained. Forensic science, thus, also saves the innocent. After the emergence of
DNA technology as a latest method of forensic science, it provides tremendous
amount of information to the investigating officers that enable him to find the
criminal purely from evidence which he has left at the scene of crime.247
246
Forensic Sciences, National Institute of Justice, Office of Justice Programs,
http://www.nij.gov/topics/forensics/pages/welcome.aspx, (last visited on 15.2.2016).
247
Jyotirmoy Adhikary, DNA Technology in Administration of Justice, (LexisNexis, Butterworths, 2007)
Deception Detection Tests & Techniques
The deception detection tests (DDT) such as polygraph, narco-analysis and brain-
mapping have important clinical, scientific, ethical and legal implications. 248 The
DDTs are useful to know the concealed information related to crime. This
information, which is known only to self, is sometimes crucial for criminal
investigation.249 The DDTs have been used extensively by the investigating agencies
despite knowing that the extracted information cannot be used as evidence during the
trial stage. Here, the claim is that, by using these so called, ―scientific procedures‖ in
fact-finding, it will directly help the investigating agencies to gather evidences, and
thereby increase the rate of prosecution of the guilty and the rate of acquittal of the
innocent.250
A. Narco-Analysis Test
Narcosis is a state of stupor induced by drugs. The use of narcotics as a therapeutic

aid in psychiatry is believed to have a history dating back to the use of opium for
mental disorder by the early Egyptians. Earlier in the 20th Century the medical
doctors started to use scopolamine together with morphine and chloroform to induce a
state called ‗twilight sleep‘ during childbirth as these have the effect ofsedative.
Narco-Analysis is a process whereby a subject is put to sleep or put into semi-

somnolent state by means of chemical injection and was then interrogated while in
this dream like state, or the process of injecting a ‗truth serum ‗drug into a patient
/suspect to induce semi consciousness, and then interrogating the patient /suspect.
This process has been utilized to enhance the memory of a witness.251
The term narco-analysis, coined by Horselley, is derived from Greek word narkc
(meaning anaesthesia or torpor). It is used to describe a technique that uses
psychotropic drugs, particularly barbiturates, to induce a stupor in which mental
248
Wolpe PR, Foster KR, Langleben DD. Emerging neurotechnologies for lie-detection: promises and
perils. Am J Bioeth. 2005;5:39–49.
249
Nose I, Murai J, Taira M. Disclosing concealed information on the basis of cortical activations.
Neuroimage. 2009;44:1380–6.
250
Smt. Selvi & Ors Vs State of Karnataka. Smt. Selvi & Ors Vs State of Karnataka Judgment on 5 May
2010. (Criminal Appeal No. 1267 of 2004) [accessed on May 10, 2010]. Available from:
http://supremecourtofi ndia.nic.in/
251
P.Ramanatha Aiyer’s Law lexicon 3121, Edn. 2005
elements with strong associated affects come to the surface, where they can be
exploited by the therapist. 252
In 1922, Robert House, a Texas based Obstetrician thinking that an alike method
may be used to cross-examine the suspects in criminal examinations. For that reason,
he arranged for two suspected prisoners for investigation who were under trial and
whose guilt seemed to be confirmed. Upon such investigation, both the person denied
such charges and both on trial were found not to be guilty. This led Robert House to
conclude that a person under the effect of scopolamine cannot lie, because there is no
reason or power to think. His idea and experiment gained a lot of limelight and
attention and therefore led the beginning of Narco-Analysis in criminal investigation.
During the process of Narco-Analysis test a person has no power to think due to the
effect of drugs which was injected torn him.
The first narco-analysis was done in the Forensic Science Laboratory, Bangalore in
2001 on an individual associated with offences committed by Veerappan. 253 For
conducting the test, NHRC has laid down certain guidelines to the effect that the test
should only be administered if the consent of the subject is obtained before a
Magistrate and therefore, the police cannot by themselves conduct the test whenever
they deem appropriate.254
Narco-analysis has witnessed a mixed response from the judiciary, ranging from
outright disapproval to reluctant and latent encouragement. For instance, in M.C
Sekharan v. State of Kerala, the Kerala High Court took an acerbic approach towards
the process, declaring unequivocally that it is against the fundamental right of an
accused. However, during 2004-2009, various High Courts have been relaxed in
commenting on the civil liberties aspect of Narco-Analysis while some have decreed
it a permissible practice, in conformity with Part III of the Constitution. 255 Thus the
judicial tryst with Narco-Analysis in the previous decade had been one of the
ambivalence or approval. The judiciary possibly viewed this practice to be a solution
252
Pooja Vatsh, Narco-Analysis: A Volcano in Criminal Investigation System
www.legalserviceindia.com/article/l410-Narco-Analysis.html.
253
Bannur Muthai Mohan, Misconceptions About Narco-Analysis
http://www.issuesinmedicalethics.org/151co07.html.
254
Teena Thacker, UN Sees Narco-Analysis As Torture, http://www.expressindia.com/latest-news/UN-
Sees-narcoanalysis-as-torture/321986/; See also, Selvi v. State, supra, n. 7, 18,
255
Chandan Panalal Jaiswal; v. State of Gujarat 2004 CriLJ 2992,Avtar Singh v. State of Haryana 2006
CriLJ 1866, Sampatrao Arveli v. State of Maharashtra ,2009 CriLJ 457.
to compare the threat to internal security faced by India during the aforementioned
period.256
In India, the narco analysis test is done by a team comprising of, an anesthesiologist,
a psychiatrist, a clinical/ forensic psychologist, an audio-videographer, and supporting
nursing staff and the responsibility of each expert is well defined. The physician
certifies the fitness of the person before and after narco analysis, the anaesthetist
monitors and regulates the depth of anaesthesia required depending upon the quantum
of information to be obtained. Only the clinical or forensic psychologist interacts with
the individual who is in a trance and gives reports along with videotapes to the courts
on behalf of the team. No medical professional except the clinical/forensic
psychologist, is involved in interrogating the individual.
Still there is lack of clarity on the status of scientific tests for evidentiary purposes. It
is interesting to note that the Forensic Science Laboratory in Gandhinagar in fact
refused to conduct the test on a suspect when he did not give his consent. 257 The
Magistrate still instructed the laboratory to conduct the test. In 2006, in Krushi Coop.
Bank case258, but the Supreme Court stayed the order of a Metropolitan Judge to
conduct narco-analysis.259
These techniques are especially appurtenant in cases where traditional forms of

crime have assumed massive magnitude, like in the form of public outcry, or to plug
the gaps in investigative processes, for eg. Abdul Karim Telgi in the stamp paper
scam and several other suspects in the Aarushi murder case. They are dissimilar from
common interrogation techniques as they include a certain level of cooperation from
the accused.
Utility and Evidentiary Value of Narco Analysis
The tests like Narco Analysis can be put to use in two ways. The findings of the test
may be either be used as evidence in court in a trial or can be used only as clues for
256
Anjaneya das and Arun Kumar, “Narco-Analysis and the shifting paradigms of Article 20(3): A
comment of Selvi v. State of Karnataka”117 CriLJ 94(2011).
257
Lakshman Sriram, Narco-Analysis and Some Hard Facts, 5-5-2007 Frontline, Vol. 24, Issue 9
www.hinduonnet.com/fline/fl2409/stories/20070518002109700.htm.
258
Peoples Union for Democratic Rights, (2008) 3 Twenty Second Dr. Ramanadham Memorial Meeting
www.pudr.org/index.php?option=com_docman&task=doc_view&gid=168.
259
Apex Court Stays Narco-Analysis Test on Krushi Bank MD, The Hindu, 17-11-2006
http://www.hindu.com/2006/11/17/stories/2006111719690100.htm.
150 | P a g e
investigation. They may be directly used as evidence if tests involve the making of a
statement, provided they do not amount to a confession as proof of a confession
before a police officer or in police custody is prohibited. 260 However, if the statements
are merely admissions, they may be adduced in evidence. 261 In case no statement has
been made or the statement can be adduced only after interpretation of the test report,
the results of the test as interpreted by an expert may be furnished to the court.
Alternatively the statements can also be used as proof of the specific knowledge of
the accused with regard to those facts, information about which has resulted in
subsequent discoveries during the course of the investigation.262 Finally, the findings
may be used just as clues for the investigation, where the statements are not adduced
at all in evidence. However, the evidence gathered from the investigation is
independently used in evidence, without the statements.
The Evidence Act permits evidence of the opinion of persons (called experts under
the Act itself) especially skilled in the domain of foreign law, science, art, or as to
identity of handwriting or finger impressions, the opinions upon that point.263 The
statements in fact made under the scientific tests may be classified into admissions or
confessions,264 as they convey an inference as to a fact, including a blanket denial of
any knowledge of the crime, or substantive admission to the commission of the crime
itself. Confessions made to the police by way of such statements are inadmissible in
evidence as no confession made to a police officer, 265 or in the presence of a police
officer is admissible.266 The last way of offering any statement in evidence, whether
confession or not, is by citing it alongside a discovery made pursuant to the
statement.
Criticism of Narco-Analysis Test as Evidence
Narco-analysis has been criticized for not being absolutely correct as the analysis
cannot be called as an exact science not its findings can be proved as a mathematical
certainty.
260
Sections 25-26 of the Evidence Act, 1872.
261
Section 17 of the Evidence Act, 1872 defines admission as a statement, oral or documentary or
contained in electronic form which suggests any inference as to any fact in issue or relevant fact.
262
Section 27 of the Evidence Act, 1872.
263
264
State of U.P. v. Deoman Upadhyaya, AIR 1960 SC 1125 : 1960 Cri LJ 1504.
265
266
Ibid, Section 26.
Suspects of crimes may, even under the effect of drugs, deliberately withhold
information or may give untrue account of incident persistently. It is often ineffectual
in extracting truth as the findings should not be used to compare the statement already
given to the police before use of drug. It is not much help in case of tricksters or
evasive, untruthful person.
Further, it is very arduous to recommend a correct dose of drug for a particular person
as the dose will differ according to will power, drug tolerance, mental attitude and
physique of the subject.
Successful narco-analysis test is not dependent on injection but depends critically on

the competence and skills of the forensic psychiatrist conducting the interview.
A. Polygraph or Lie Detector Test
The term ‗Polygraph literally means ‗many writings‘ therefore the name refers to a
process in which selected psychological activities are recorded. The first attempt in
this direction was made to expand a scientific instrument to identify reality or fraud as
early as 1895 by Lombroso. It was primarily devised to record changes in blood
pressure and fluctuations in pulse rate. Later Larsen and Keeler designed an
instrument which was further developed by John Reid in 1947.The very fundamental
principle underlying Polygraph is that when a person lie, he becomes nervous due to
fear of detection of lie, which in turn causes mental excitation. To conceal the
excitement which the person attempts, adrenal glands are stimulated to secrete
Adrenalin, which on entering the blood stream, causing physiological changes like
blood pressure, pulsation rate, respiration etc. All these psychological changes when
recorded are collectively called Polygram, which is analyzed and evaluated to find out
whether during the lie detection test, the subject experienced emotional stress with
any of the questions asked.
Polygraph or Lie Detector is extensively used technique of modern science intended

for the psychophysiological detection of deception, so also called as a
psychophysiological detection of deception (POD) examination. The working
principle is based on autonomic nervous system changes, which are beyond
reasonable control of an individual, and transpire when a person lies like Blood
pressure, Heartbeat, Respiration etc., which can be measured simultaneously. The first
realistic submission was accomplished by Berkeley Police department who applied
polygraph test in law enforcement invented by Dr. John A Larson.267
268
Polygraph test resides on the principle that the fear of recognition and entrapment
prompts a person to deceit from the actual fact resulting mental excitation which is
further tried to conceal by physiological effort called ―Defense mechanism‖.
Polygraph test as such detects, not lies, but arousal of emotions indirectly, reflected by
the physiological changes. Polygraph simply displays the measures of various
physiological functions (breathing, pulse, blood-pressure, sweating, etc.), highlighting
any sudden changes or fluctuations in these functions. Such changes are primarily due
to impact of either physical or emotional stimuli. The machine neither claim depend
upon lying can be indicated by the fact that it reveals the arousal of emotion even
when the person does not answer the crucial questions.269 These physiological
changes like heartbeat, pulsations, respiration etc. are associated with provocation in
the autonomic nervous system and are recorded simultaneously using different
sensors which collectively are known as polygraph. To measure the respiratory
changes corrugated rubber tube is tied around the chest, known as Anemograph,
cardiovascular changes is measured using the Sphygmomanometer by wrapping it
round upper arm. Similarly, to measure the changes in the galvanic skin response,
electrodes are attached to the palm or fingers of the subjects with a transducer, which
267
The Deception Clues in Forensic Contexts: The Lie Detection Psychology, available at
https://www.omicsonline.org/open-access/the-deception-clues-in-forensic-contexts-the-lie-
detection-psychology-.php?aid=80622, visited on 01-11-2018
268
How Lie Detector Works, available at https://people.howstuffworks.com/lie-detector1.htm, visited
on 3.11.18
269
Porter S, Woodworth M, Trust ARB (2000) Truth, Lies, and Videotape: An Investigation of theAbility
of Federal Parole Officers to Detect Deception. Law Hum Behav 24: 643-658.
measures the blood volume, reflecting the pulse rate which known as the
Plethysmograph.270
Equipment‟s or Sensors Used in Polygraph Test
Equipment Function
Pneumograph measure the respiratory changes corrugated rubber tube is tied

around the chest
Sphygmograph Wrapped around upper arm to measure cardiovascular

changes
Plethysmograph Transducer measures the blood volume, reflecting the pulse

rate
Galvanic Skin measure the changes in the galvanic skin response by

Responseor-GSA galvanometers attached to palm and fingers of the subject
Polygraph Testing devices271
270
Lie Detection in Forensic, available at
https://www.researchgate.net/publication/276205896_Lie_detection_in_a_forensic_context, visited
on 02.11.2018
271
When Lie Detection Tests are used, available at http://liedetectortest.us/when-lie-detection-tests-
are-used/, visited on 04-11-2018
Polygraph Test Stages
i. Pre-test interview
ii. Examination and Chart collection
iii. Post-test interview
The examiner introduces himself, share his qualification and expertise to the subject,
explain the procedure and legal aspects of the test, ask questions about medical
problems, if any, of the subject, record responses in written form and takes the
consent of the subject. Then the examiner elaborates the polygraph technique to the
subject and functioning. The polygraph devices are set up on the subject after pre-test
interview, Plethysmograph and GSA initialized and Sphygmomanometer is inflated.
Prior to main examination, a stimulation test (number or card test) is designated to
convince the subject about the accuracy of polygraph examination.
Next stage is the actual performance i.e. the examination of the subject. These
questions are prepared in advance and the subject has to reply objectively in Yes or
No. Usually four disparate set of questions (Irrelevant, Relevant, Control and Stress
Provoking) are prepared to testify the subject. This assessment is essentially based on
the supposition that irrelevant questions will provide the baseline physiological
responses whereas relevant questions will make the guilty examinees show
consistently stronger physiological reactions, and innocent examinees will show
consistently stronger physiological reactions in response to the control or comparison
questions.272 The examiner carefully compares the responses to the stress provoking
questions and analyze the changes in the measures of physiological changes. To
eliminate the responses to last question and let physiological response to come closer
to baseline, a gap of 10 to 15 seconds should be given between each question.
Response to each question is recorded and analyzed by skilled examiner. Examiner
sets the cut-off focuses at which a particular reaction appears misleading, trustworthy
or uncertain or allocate more weight to responses to some of the questions. Numerical
scoring strategies are generally utilized in this progression and ordinarily include the
task of negative scores for showed misleading and positive scores for demonstrated
trustworthiness to everything (e.g., -5 to +5) and including them together into a total
272
Furnham A. (2014) The Clues to Deceit: The Psychology of Lie Detection, available at
https://www.psychologytoday.com/blog/sideways-view/201412/the-clues-deceit-the-psychology-lie-
detection,
score.273 There are a few modernized scoring frameworks that plan to invalidate the
issue of scoring predisposition, yet they have been found to have 'humble exactness' at
best.274 Computerized Polygraph System like LX5000 combines conventional
polygraph with state-of-the-art technology. This basic system measures, records,
stores and even analyze physiological changes and a total of nine channels can be
recorded at one time.
The last stage of the test is post-test interview, which is discussion with the subject to
analyze the possible deception in subject‘s attempted unresponsiveness to any
question.
The result of the test is obtained on a chart is called Polygraph report. After a careful
analysis of the pattern of arousal responses by the examiner, inference is drawn by the
examiner about the veracity of the individual and prepare the assessment report which
is called diagnosis of truthfulness or deception.
Critical Analysis of Polygraph
1. Polygraph test does not tell whether the examinee is lying. The probability
of lying is ascertained after analysis and interpretation of the test results by
the expert.
2. There is no science is involved in framing questions therefore it
completely depends on the skills, expertise of the examiner.
273
Sharma BR (2001) Forensic Science in Criminal Investigations and Trials (3rdedn), Delhi, Universal
Law Publishing Company Pvt Ltd, India, pp: 17-24.
274
Burack B (1955) Critical Analysis of the Theory, Method, and Limitations of the Lie Detector, A.
.624-onim 64 onimirC CL CrC
3. Vulnerable to bias of the examiner as subject is perceived guilty by the
examiner, he may interpret the chart with that bent of mind and contrary
wise be lenient in interpreting, chart of a person whom he considers
innocent.
4. Subject suffering from a delusional disorder could pass the test as believe
that he/she was true, and no supplementary category of physiological
changes were exhibited.
5. A person who has control over his emotions i.e. physiological changes
associated with emotions, to a great extent can still deceive as polygraph
will not trace much physiological changes in the subject‘s body.
6. Nervousness may be exhibited by many innocent and truthful persons
under the conditions of police interrogations. Many innocent and truthful
persons may exhibit nervousness due to many reasons, e.g., fear,
insecurity, personal issues, yet not diagnosed medical reasons, terrified due
to police, even fear of wrong interpretation, or perceived bias of the
examiner275.
7. Certain situations like Police-induced confessions, interrogation tactics,
certain personality traits etc. sometimes can lead to contrary test results or
prompt false confessions.
8. Polygraph is not fool-proof method as a person can be trained to beat the
Polygraph test276 and there are many online as well as contact programs
providing coaching in beating Polygraph test
Though Polygraph is technological tool but not a perfect science or offer

mathematical certainty, so polygraph evidence must be used collaboratively with
other evidences.
1. Civil Cases: Diagnostic, Therapeutic or interventional & Rehabilitative

(Clinical Psychology)
2. Criminal Cases:
- Investigative (Forensic Psychology)
- Neuro Criminology, Reformation & Rehabilitation
275
Gunn J, Gudjonsson GH (1988) Using the psychological stress evaluator in conditions of extreme
stress. Psychol Med 18: 235-238
276
How to beat a Polygraph Test, Malia Wollan, New York Times Magazine, 10-04-2018
https://www.nytimes.com/2015/04/12/magazine/how-to-beat-a-polygraph-test.html
Latest research and suggested improvements in polygraph test augurs that it should be
limited to prove the innocence of the subject rather than his guilt or crime.
Polygraph Questioning Techniques
All polygraph questioning techniques which have some level of process

standardization involve comparisons of physiological responses to key questions
(―relevant questions‖) against physiological responses to other questions
(―comparison or control questions‖). The techniques of questioning can be different
in their nature, sequence or choice of comparison, like which control questions in a
sequence to be compared with which relevant questions. Following are some of the
main questioning techniques and their variants.
Relevant-Irrelevant Test
As evident by the name, the relevant-irrelevant test compares subject‘s responses to

relevant and irrelevant questions. A relevant question covers the main issue of
investigation like whether the examinee performed the target act or have information
about the same, question about any incriminating evidence. An irrelevant question is
one which is unrelated and do not provoke any emotion like ―Is today Friday?
‖. Irrelevant questions are placed in the initial position of question sequence because
the physiological responses as the first question is supposed to have no diagnostic
value; they are also placed at other points in the question sequence. The subject who is
guilty is expected to show stronger physiological response to relevant questions than
to irrelevant questions whereas innocent will show similar response to both relevant
and irrelevant question types.
The relevant-irrelevant test format was the first widely used polygraph testing format
for criminal matters and currently used in multiple-issue screening applications also,
like U.S. National Security Agency.
The main drawback of ‗relevant-irrelevant‘ polygraph tests is that there is a lack of

standardization for question selection, interpretation, nor for scoring, which makes it
unsuitable for scientific evaluation. Test results are globally interpreted by the
examiners by inspecting the response charts to find any pattern of stronger responses
to relevant questions. As test procedure vary widely across different examiners and
assessments, it improbable to support general conclusions about its accuracy.
Comparison (Or Control) Question Test
Comparison or control questions ask about general unwanted acts, at times similar to
event which being investigated. Like, in a robbery investigation, question can be
―Have you ever stolen or snatched anything?‖ In probable-lie comparison tests,
the questions are designed to induce innocent people to deny, even though they are
lying. Innocent subjects are likely to undergo stress about these responses which is
reflected in their physiological responses. The expectation in Comparison or Control
question test is that innocents will respond more strongly to the comparison questions
but the guilty will show stronger physiological response to relevant questions. These
tests are broadly applicable in specific-incident investigation and also in screening.
Concealed Information Test
Also known as guilty knowledge test present examinees questions in the manner of
stimulation tests, but the similar items include one true and three or four false details
of some aspect of an event under investigation. While framing questions, it has to be
made sure that those details or information has not been publicized and only
investigator, witness or the culprit. For eg. in case of burglary, examinees can be
asked about the different possible entry points to the house, one of which was used by
the criminals. Guilty examinees are expected to reveal their concealed knowledge by
responding more strongly to the true item than to the others.
Concealed information tests are applicable only in conditions when the relevant
details about the incident under investigation are known only to investigators or the
witness, and not applicable in typical screening situations.
Peak of Tension Test
This test is similar in format to guilty knowledge tests, but different in the way and
order the questions are asked. For e.g., ―Was the amount of stolen money
$1,000?
$2,000? $3,000?‖ etc.). The guilty is likely to show a pattern of responsiveness that
increases as the correct alternative approaches in the question sequence and decreases
when it has passed. Stimulation tests often have this format. In a known-solution
peak-of-tension test, the examiner knows which alternative is the one truly connected
to the incident and evaluates the examinee‘s pattern of responses for evidence of
involvement in the incident. It is also possible to use the peak-of-tension test in a
searching mode when the examiner does not know which answer is connected to the
event but wants to use the test for help in an investigation. It is assumed that the
pattern of a guilty person‘s autonomic responses will reveal the correct answer.
Brain Mapping or P300 Test
The brain is essentially involved in every human action and records everything that
human beings do, including criminal acts.277 Due to this reason the brain has been the
key point in inventing all equipment‘s of lie detection be it polygraph or lie detection
test, Brain Mapping or Brain fingerprinting and Narco analysis or Truth Serum. Brain
fingerprinting is the latest scientific technique for measuring neural responses
exhibited on external stimulus is displayed to the subject. It is a branch of neuro-
science and deals with the study of neuroanatomy.
Brain fingerprinting is an objective, scientific method to detect hidden information

stored in the brain by measuring electroencephalographic (EEG) brain responses
(brainwaves) by non-invasive sensors placed on the scalp. The technique involves
presenting words, phrases, or pictures depicting striking details about a crime or case
under investigation on screen with other irrelevant stimuli. 278 Brain processes
information in definite ways, depending on the stimuli and typical brainwave patterns
can be detected and recorded through computer analysis of the brain responses.
Brainwave responses are analyzed to validate the presence of specific information
stored in the brain of the subject. It is a scientific test by which guilty knowledge
stored in one‘s brain can be determined. Brain fingerprinting measures neural
responses to visual stimuli like images from crime scene and matches the
corresponding information (fingerprint) if present in brain. Brain fingerprinting is
based on finding that the brain generates a unique brain wave pattern when a person
encounters a familiar stimulus.279 The P300 is an electrically positive potential that
occurs at 300–800 ms after the stimulus. Use of functional magnetic resonance
imaging in lie detection derives from studies suggesting that persons asked to lie show
different patterns of brain activity than they do when being truthful.
277
A.K. Gupta, S. Back & U.B. Roychowdhury, “Probing in the depth of criminal mind”, J. Indian
Acid, Forensic Med, 3013 –http://www.indianjournals.com visited on 18-02-09
278
Brain fingerprinting: a comprehensive tutorial review of detection of concealed information with
event-related brain potentials, Lawrence A. Farwell 2012 Apr; 6(2): 115–154,
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3311838/
279
Appelbaum PS. Law & psychiatry: the new lie detectors: neuroscience, deception, and the courts.
Psychiatr Serv. 2007;58:460–2. [PubMed]
It measures the changes in the electrical field potentials produced by the sum of the
neuronal activity in the brain by means of electrodes placed on the surface of the skin
covering the head and face. The changes directly related to specific perceptual or
cognitive events are called event-related potentials.280 Brain Electrical Activation
Profile test, also known as the ‗P300 Waves test‘ is the most commonly used method
in India.
During the test, subjects are exposed to auditory or visual stimuli (pictures, videos and
sounds) that are relevant to the facts being investigated alongside other irrelevant
words and pictures. The stimuli presented to the examinee can be categorized as
material probes and neutral probes. If the person is guilty, the exposure to the material
probes will lead to the emission of P300 wave components. By analyzing these wave
components, the inferences can be drawn about the examinee‘s familiarity with the
information related to the incident under investigation. 281 But this verifies only the
memory or knowledge of the crime scene. For eg., a passerby witnessed a murder and
as the crime scene info is present in the memory of that person, the brain mapping test
will prove his familiarity and thus could potentially be implicated as an accused.
Further it is difficult to differentiate between actual crime scene and viewing portrayal
of similar scene in television, movie or newspaper while conducting the test.
Therefore, this test cannot be recommended for prosecution of an accused but it can
be used to prove innocence as an alibi validating that such memory about the crime is
absent.
This technique was developed by a famous neurologist Dr. Lawrence A. Farwell,

Director and Chief scientist of ‗Brain Wave Science‘ IWOA and patented in the year
1995. He further improved this by including ―In this technique, the suspect is
first interviewed and interrogated to find out whether he is concealing any important
information. Then sensors are attached to the head and the person is made to sit in
front of a computer monitor. He is then shown and made to hear certain images and
voice. The sensor attached to head monitors and records electrical activity and P300
waves in the brain, which is produced only if the subject has link with stimulus. The
subject is not asked any question. To put it simply, it simply means that brain finger
280
Lefebvre CD, Marchand Y, Smith SM, Connolly JF. Use of event-related brain potentials (ERPs) to
assess eyewitness accuracy and deception. Int J Psychophysiol. 2009;73:218–25. [PubMed]
281
New Delhi: Directorate of Forensic Science, Ministry of Home Affairs, Government of India; 2005.
Laboratory procedure manual. Brain electrical activation profile.
printing matches the information stored in the brain with that of the related crime and
crime scene. In case of an innocent person no such P300 waves would get registered
during the test.‖
Proof produced by Expert in a criminal trial would be just a fraction of the totality of
the evidence on the appreciation of which the judge or jury takes judgment. The Court
takes into account all the other proofs at hand along with the view of the scientific
expert, which is just one piece of evidence needed to be taken into consideration and
appreciated for its evidentiary value. Even after the validity of the technique of brain
fingerprinting satisfies Daubert's criteria, its application as a forensic tool in
individual cases will depend upon the genuineness of the investigation and other
factors. The test would not be applicable in a case in which two suspects in an
investigation were both present at a crime, but one was a witness and the other a
perpetrator. The method can only detect information from their memory that would
place both at the scene of the crime and it cannot decide what their roles were, thereby
creating a distinct possibility of an innocent eye-witness becoming a suspect of the
crime and giving a dubious opportunity to the real culprit to create a situation of
doubt.27 Moreover, the method would not be definitive in a case in which
investigators do not have sufficient information about a crime to be able to test a
suspect for crime-relevant information stored in the brain. The brain-fingerprinting
analysis identifies the existence or nonexistence of information and not the guilt or
innocence per se. In few cases, a person may possess virtually all the available
information about a crime, although he is not a perpetrator. In such cases, possessing
relevant information with respect to crime will not recognize that individual as the
perpetrator and the test cannot be applied to solve the case. The heuristics proposed
consists of five basic parts and emphasizes the underlying principles common to all
fields of science.28 It is suggested by the author that the judges and the lawyers who
assist them about their cases, must be able to do five things: (i) Identify and examine
the proffered theory and hypothesis for their power to explain the data; (ii) Examine
the data that supports (and undermines) the expert's theory; (iii) Use supportable
assumptions to fill the inevitable gaps between data and theory; (iv) Examine the
methodology; and (v) Engage in probabilistic assessment of the link between the data
and the hypothesis.
Other Deception Detection Techniques
Non-Verbal Lie Detection Technique
Facial Expression of Emotions. Some facial expressions are uncontrollable, and liars
fail in their attempts to alter or inhibit them convincingly. Genuine and false smile
becomes manifest as a micro expression.
Behavior Analysis Interview
BAI is a set of 15 predetermined standardized interview protocols. It is the only

questioning method developed specifically for investigators to help them form a
judgment of the possible guilt or innocence of the subject on his or her nonverbal and
verbal responses during BAI.282
Thermal Imaging
A technique where changes in temperature patterns (and thus blood flow) around the
eye are detected via heat-detecting cameras. The assumption behind the technology is
that liars will be aroused, which will reveal itself through instantaneous warming
around the eyes. The benefit of thermal imaging is that it can measure arousal non-
intrusively, therefore has the potential for application in remote and rapid security
screening.
DNA Profiling
One of the latest growing and most reliable modes of investigation in forensic science
is DNA profiling. DNA is the abbreviation of the term, ―Deoxyribose Nucleic Acid‖.
DNA is the same in all cells in any person‘s body. DNA is highly precise and
scientific in nature and is a part of admissible expert evidence.
Chromosomes, DNA, Genes
Cells are the basic building blocks of all living organisms.283 Similar Cells come
together and make Tissues, group of tissues work together to form Organs, organs that
282
Behavior Analysis Interview (Forensic Psychology), available at
http://psychology.iresearchnet.com/forensic-psychology/police-psychology/behavior-analysis-
interview/, visited on 04.11.2018
283
Basics of Cell, Nucleus, DNA, Genes, available at https://www.civilsdaily.com/biotechnology-basics-
of-cell-nucleus-chromosomes-dna-genes-etc/, visited on 4-11-2018
work together to perform common function make Organ System, and different organ
systems make an organism.
284
There are 2 important organelles in cell which contain genetic information i.e.
Nucleus and Mitochondria. Nucleus contains all the genetic material (code to replicate
the cell). Genetic material is in the form of Chromosomes. Chromosomes are thread-
like structures present in the nucleus in pairs. There 46 (23 pairs) of chromosomes in a
human cell, 22 of the pairs are autosomes which are numbered by size and look the
same in both male and female. 23 rd pair is the sex chromosomes which differentiate
males from female. Male has XY pair, where X comes from mother and Y from
father, whereas female has XX pair, X each from mother and father. These
chromosomes control visible characteristics including such as eye, hair, and skin color
and also invisible characteristics like blood groups and inherited diseases.
284
Ibid
DNA is the main constituent of the chromosomes and is found in the form of a
double helix and gives an individual genetic blue print. The probability of two people
having exactly the same DNA profile is 30,000 million to 1 (barring identical twins).
On average, about 99.9 per cent of the DNA between two humans is the same but still
there are around 3 million base pairs that are different between two people, which can
be compared and help distinguish person from other. 285 DNA is mainly of two types,
Nuclear DNA and Mitochondrial DNA.
Nuclear DNA (nDNA) is derived from parents, half from mother and half from father.
Mitochondrial DNA (mtDNA) is derived from the mother.
285
DNA fingerprinting, available at https://www.yourgenome.org/facts/what-is-a-dna-fingerprint,
visited on 04-11-2018
The mitochondria of a sperm are found in the tail and midsection. When sperm
fertilizes an egg, the DNA-containing head of the sperm fuses with the egg, but the
tail and midsection are left on the outside of the egg. Mitochondria of the sperm never
reach the inside of the egg, all the mitochondria in the embryo come from the egg
therefore mt DNA in a child is identical to that of the mother. Mt DNA is mainly used
286
for proving maternal relationships in forensic investigations.
―Forensic analysis of mtDNA is more rigorous, time consuming, and costly

when compared to nuclear DNA analysis (nDNA). All individuals with same
maternal
286
Mitochondrial DNA Analysis, available at https://www.encyclopedia.com/science/encyclopedias-
almanacs-transcripts-and-maps/mitochondrial-dna-analysis-0, visited on 04-11-2018
lineage will be indistinguishable by mtDNA analysis. mtDNA is present in much
greater quantity, more resistant and less informative than nDNA. mtDNA will be used
when "biological evidence may be degraded [i.e. charred remains] or in small quantity
and in cases in which evidence consists only of hairs, bones, teeth etc.
DNA FINGERPRINTING/ DNA PROFILING
DNA fingerprinting is a laboratory technique used to establish a link between

biological evidence and a suspect in a criminal investigation. 287 A DNA sample taken
from a crime scene is compared with a DNA sample from a suspect. If the two DNA
profiles are a match, then the evidence came from that suspect. Conversely, if the two
DNA profiles do not match, then the evidence cannot have come from the suspect.
DNA fingerprinting is also used to establish paternity.288
287
DNA Fingerprinting, available at https://www.genome.gov/glossary/index.cfm?id=49, visited on
04-11-2018
288
DNA Fingerprinting, GeneEd, available at
https://geneed.nlm.nih.gov/topic_subtopic.php?tid=37&sid=38, visited on 04-11-2018
Process/ Steps in DNA Fingerprinting
DNA is collected from cells, such as blood sample and cut into small pieces using
restriction enzyme. This generates thousands of DNA fragments of different sizes.
Then using gel electrophoresis, the fragments are segregated on the basis of size. The
fragments are then transferred to nitrocellulose or nylon filter called gel blot. The
DNA fragments within the blot are permanently fixed to the filter and the DNA
strands are denatured. Radio labeled probe molecules are then added that are
complementary to sequences in genomes that contain repeat sequences.
These repeat sequences called Variable Number of Tandem Repeat sequences

(VNTRs) tend to vary in their length among different persons. The probe molecules
hybridize the DNA fragments containing the repeat sequence and excess probe
molecules are washed away. The bolt is then exposed to the X-ray film. Fragments of
DNA that have bound the probe appear as dark bands of the film.
Conventional process of DNA fingerprinting is now upgraded by an automated

procedure in which microsatellites or Short Tandem Repeats (STR), instead of
restriction enzymes are amplified by Polymerase Chain Reaction (PCR). PCR method
requires very small amount of DNA and can even make copies from a DNA sample
that is partially degraded. The small amplified DNA fragments are labeled with
coloured fluorescent tag and exposed to high resolution gel electrophoresis. A
fluorescence detector determines the amount of DNA in each amplified fragment,
thereby generating a graph that depicts the pattern of fragments in a particular
individual.
289
Paternity/ Maternity Test
―DNA paternity testing is the use of DNA fingerprinting to determine whether

two individuals are biologically parent and child. This test verifies with genetic proof
if the man is biological father of that particular individual. Maternity test validates if a
woman is the biological mother of an individual.‖290
The DNA of a person is same in every non-reproductive or somatic cell. During

reproduction DNA of both mother and father come together to create a unique
combination of genetic material in a new cell, therefore the genetic material of any
person is derivative of the genetic material of both mother and father in equal
amounts. A son gets a Y chromosome from his biological father and he also inherits
an X chromosome from his biological mother. Conversely, a female would inherit an
289
https://www.yourgenome.org/facts/what-is-a-dna-fingerprint
290
DNA Paternity Testing Available at https://en.wikipedia.org/wiki/DNA_paternity_testing (last
accessed on 14-11-2018)
X chromosome from her biological mother and an X chromosome from her biological
father.
While testing paternity of a male child, Y chromosome is used for comparison as it is

passed directly from father to son. Y-STR analysis is widely used in forensic DNA
analysis, in cases where standard autosomal DNA profiling is not informative. It can
identify the paternal lineage of male perpetrators. If two or more brothers - same
combination of Y-STR types - same male lineage and if their Y-STR is different they
cannot have the same father. All individuals with same fraternal lineage will be
indistinguishable by Y-STR analysis.
Human Chimera
People that have two different sets of DNA are called human chimeras. 291 It can
happen in following situations:
1. When a mother is carrying fraternal twins and one embryo dies very early in
pregnancy, other embryo can absorb some cells of the deceased one. A case
was reported in U.S. where a man failed paternity test, as genes in his saliva
was different from genes in his sperm. Later it was revealed that he absorbed
some DNA of his fraternal twin brother in the womb.292
2. Though during blood transfusion also, the donor‘s blood cells having donor‘s
DNA will temporarily be there in the blood stream of recipient but in a bone
marrow transplant, the new blood cells are permanent. During bone marrow
transplant, the recipient‘s diseased bone marrow is destroyed by radiation and
donor‘s healthy bone marrow is placed. As bone marrow is the tissue creating
new blood cells, therefore the donor‘s bone marrow will continue making
blood cells having donor‘s DNA.
3. It‘s possible sometimes that a pregnant woman may retain some DNA from
her baby. This usually happens when some fetal cells happen to migrate
outside the uterus. It‘s also called scientifically as "micro-chimerism.
In "complete chimerism," 100% of the recipient's blood cells have the donor's
DNA. But when a mix of DNA from both the donor and the recipient — that's
called "mixed chimerism."
DNA Fingerprinting Cases
Rajiv Gandhi Assassination
This was the first case in which DNA fingerprinting was used to not only identify
victims but also the attacker. Establishing the identity of Dhanu, the suicide bomber
who killed former prime minister Rajiv Gandhi in 1991. The DNA found in the skull,
291
It's possible for one person to have two different sets of DNA, Caroline Praderio, Nov. 6, 2017,
available at https://www.thisisinsider.com/what-is-a-human-chimera-and-how-does-it-happen-2017-
11, visited on 4-11-2018
292
'Human chimera', Independent, 24-Oct-2015, available at
https://www.independent.co.uk/news/science/human-chimera-man-fails-paternity-test-because-
genes-in-his-saliva-are-different-to-those-in-sperm-a6707466.html, visited on 5-11-2015
charred muscle pieces on the suicide bomber's belt showed identical patterns, which
proved that Dhanu was the bomber.
Tandoor Murder Case
This was the first time DNA fingerprinting was used for investigation in India.
Former Congress worker Sushil Sharma shot his wife Mrs. Naina Sahni and tried to
burn her chopped body in a tandoor at Bagiya Restaurant New Delhi on 2nd July
1995, with the help of restaurant manager Keshar Kumar Charred remains of a body
in the tandoor kitchen were seized. DNA from muscle pieces attached to her charred
bone were compared with that of her parents and sister.
Priyadarshini Mattoo Case
This is a classic case which shows how critically important DNA analysis can be in
criminal investigation and ensuring justice delivered. Priyadarshini Mattoo was a law
student who was raped and murdered by Santosh Kumar Singh, son of an IPS officer.
Due to inadequate evidence to incriminate, the accused was acquitted by a trial court
in 1999. But in 2006, Delhi High Court convicted him on the basis of DNA evidence
found on the undergarments of the victim and sentenced to death, though later
Supreme Court commuted his sentence to life.
Neeraj Grover Murder Case
In the absence of any eyewitnesses, forensic evidence played a key role in cracking
the sensational Neeraj Grover murder case, 2008. The door latch with blood stains on
it was cleaned by the accused to destroy evidence, the forensic experts managed to
collect DNA samples from it. The blood stains also collected from the curtains
television with that of the deceased. The police recovered charred bones of the victim
from Manor, which was impossible for identification. The forensic experts collected
three teeth, femur bones and some other residue so as to extract the DNA sample from
it. The collected DNA sample was then matched with that of his parents to establish
whether the charred bones and teeth were indeed that of Grover.
Sheena Bohra Murder Case
This case is seen as one of the best case-studies in forensic analysis and investigation.
Sheena Bohra was killed, and her body burnt in a forest in 2012. It was revealed 3
years later during an interrogation, but all Police could get was few bones and a skull.
DNA could not be extracted from the molars but from a part of Femur (thigh bone).
DNA from blood of Indrani Mukerjea was obtained and compared. Fifteen universally
specified DNA markers on the bone of the unknown sample and the blood sample of
Indrani matched which proved the maternal lineage and the sixteenth marker
Amelogenin determined that the skeletal remains were of a girl.
Nirbhaya Rape Case
This was the case which resulted a massive public outrage over a heinous crime in
Delhi. DNA investigation of bloodstained clothes and body swabs linked all 5 men
and a juvenile accused of the gang rape and murder of Nirbhaya. DNA tests on
bloodstains from undergarments worn by the main accused, Ram Singh, matched
Nirbhaya‘s DNA. A swab taken from Nirbhaya‘s body showed Ram Singh DNA
signature. The DNA samples were extracted from bloodstains on clothes of all five
accused, curtains, seats on the bus and bloodstained dried leaves by the side of the
highway where the pair said they were dumped. Nirbhaya‘s DNA profile showed up
in bloodstains on the undergarments and flip-flops of Vinay Sharma. Blood found on
Vinay Sharma jacket matched with the woman‘s friend, who fought with the men
before he was hit with an iron rod.
Kotkhai Rape-Murder Case
CBI with help of advanced DNA profiling techniques, solved the sensational rape-
cum-murder of a 16 yr old girl in Kotkhai area of Shimla, also known as Gudiya rape
case 2017. 5 suspects were arrested by H.P. Police but CBI conducted forensic tests
like narco-analysis, polygraph test and on the basis of other corroborative evidences
proved that they were innocent. Blood samples of around 250 persons were taken in
Kotkhai area and some percentage of 1 of the samples matched DNA of blood sample
on a liquor bottle at the crime scene, clothes and body of the victim. This person
revealed that 1 of his relatives, Nilu works in that area where the crime was
committed. Further advanced DNA test (Lineage match and Percentage match) was
conducted on parents of Nilu and matched with the sample recovered from crime
scene to be sure.
Emerging Technologies in DNA Profiling
LCN DNA/ Touch DNA
Low Copy Number (LCN) DNA / Touch DNA is a profiling technique used by few
countries, especially in cold cases. Touch DNA is the next wave of DNA testing that
doesn't require blood or semen samples. It analyses skin cells or sweat from
fingerprints left behind when assailants touch victims, weapons or anything else at a
crime scene. This technique has dramatically increased the number of items of
evidence that can be used for DNA detection. Usually very small amounts of DNA
are deposited. LCN has been able to show results even 25 years after the crime. Touch
DNA Evidence Shows linkage or association but DNA recovered from an object may
not be from the last person to touch it. Factors include: Length of contact, Good cell
shredded or not, Vigorous contact vs. incidental. DNA profiles recovered from touch
evidence are often mixtures – multiple individuals and investigator needs to eliminate
the lawful owner and crime scene personnel and officers.
Rapid DNA
New rapid DNA profiling technologies are emerging to help address the challenges
like time and expertise. This is a system which automates DNA profiling from a
simple cheek swab, generating results in about 90 minutes to "swab in, profile out
process" taking just five minutes and performing all essential steps of DNA analysis
without human intervention. Testing agents in disposable cartridges are loaded onto
the system with up to seven cheek swab samples. This is no further user interaction
and the system extracts DNA and analyze with help of software to generate complete
identification profiles. The findings are then used to search the linked DNA database
or compared to swabs taken from suspects. This integration reduces the time
significantly and help law enforcement agencies in generating DNA profile and make
quick and better-informed decision.
DNA Sequencer
In situations where samples for DNA fingerprinting, are highly degraded, the
investigators and forensic scientists often turn to the more powerful DNA sequencer,
which permits them to analyze old bones or teeth to determine the specific ordering of
a person‘s DNA nucleobases as well as generate a ―read‖ or a unique DNA pattern that
can help identify that person as a possible suspect or criminal.293
Fingerprint Analysis
Fingerprints have been used for more than a century in crime investigation and even
today it is one of the most requisite after pieces of evidence. All human beings are
born with a characteristic set of ridges on the fingertips which form a unique pattern
like arch, loop, and whorl, that remains fixed for life. Oils from sweat glands on
fingertips get collected on these ridges and when we touch any object, a small amount
of the oils and other materials on the fingers are left on the surface of the object we
touched. The pattern left by these substances, make up the fingerprints that law
enforcement agencies or investigators look for at the crime scene.
The police maintain fingerprint databases or library with patterns taken from all the
convicts and suspects and compares them with fingerprints of suspects in recent
crimes. Due to the advent of technology the process of storage and comparison has
been improved in terms of speed and effectiveness. Automated fingerprint
identification systems (AFIS) allows the police departments to search the collection
remotely through computer over network.
Many fingerprints found at crime scene are latent or concealed i.e. prints are not
visible and are often incomplete but there are various ways to obtain such prints. Like
using ninhydrin powder to dust the surface and as powder sticks to the oily substances
on the print making the pattern visible and can be photographed or lifted off the
surface by using a tape. If the material is porous like paper, fumes of iodine are used
which readily collect on the oils in the print pattern and can be photographed. Argon
lasers have also been used to view latent fingerprints. Latent prints are often visible
when illuminated by light from an argon laser. Prior dusting with fluorescent powder
can enhance the visibility.
Fingerprints are not the only incriminating trace that might be left at the crime scene.
Drinking glasses or cups may have Lip prints. Footprints or Shoeprints along with the
other material like soil left on the print may match with accused or accused‘s
premises. Tire tracks, bite marks, toe prints, and prints left by bare feet may also
293
Modern Forensic Technologies Available at https://www.forensicscolleges.com/blog/resources/10-
modern-forensic-science-technologies (last accessed on 13-11-2018)
provide useful evidence. In cases where the identity of a victim is difficult because of
tissue decomposition or death caused by explosions or extremely forceful collisions, a
victim's teeth may be used for comparison with the dental records of missing people.
Every coin has two sides. Every technology or knowledge created can be used or
misused by the user. But that cannot be used as a ground to reject development of the
knowledge.
Magnetic Fingerprinting and Automated Fingerprint Identification (Afis): These

forensic technologies help investigators, forensic scientists and law enforcement
agencies to quickly and easily compare a fingerprint at a crime scene with an
extensive virtual database. The invention of magnetic fingerprinting dust and no-
touch wending permits crime scene investigators to get a perfect impression of
fingerprints at a crime scene without contamination.294
Ballistic Fingerprinting
Ballistic fingerprinting is one of the important branches of Forensic Science. It is

another type of evidence. In ballistic Fingerprinting the distinctive marking left on
ammunition as a result of its use in a specific weapon. During the late 15th Century
gun maker found that the addition of groove to the inner surface of a gun barrel
improved the accuracy of bullet fired from the gun. Bullets fired from rifled the gun
barrel. The pattern of scratches on the bullet matches those in the gun barrel. A gun
barrel with seven helical grooves, for example results in a pattern of seven scratches
on a bullet, fired from the gun. Since rifling pattern tends to differ from weapon to
weapon, the pattern they produce on bullets fired from them tend to be distinctive,
perhaps unique.44
Modern Forensic Technologies
Laser Ablation Inductively Coupled Plasma Mass Spectrometry (LA-ICP-MS):

When crime scene has pieces broken glass like window, mirror or windshield of car,
then putting together even tiny pieces to reconstruct the pre-crime scene can give
critically important clues like the direction of bullets, the force of impact & weapon
type etc. The LA-ICP-MS machine has highly sensitive isotopic recognition ability as
it breaks glass samples to even size down to their atomic structure and helps to match
294
ibid
even the smallest splinter of glass found on clothing to a glass sample from a crime
scene.295
Alternative Light Photography: ABILITY TO QUICKLY ASCERTAIN THE

EXTENT OF PHYSICAL DAMAGE suffered by a patient can make difference
between life and death. Alternative Light Photography (ALP) is one of the cutting-
edge tools to help see damage even before it is visible on the skin. Omnichrome is one
such camera which uses blue light and orange filters to clearly show bruising below
the skin‘s surface.296
High-Speed Ballistics Photography: INVESTIGATORS TAKE HELP OF

BALLISTICS SPECIALISTS TO KNOW about the type of weapon, distance of
shooting firearm etc. High-speed cameras help in determining how bullet holes,
gunshot wounds and glass shatters are created. It doesn‘t require additional education
or training for operating high speed cameras and nearly anyone, can operate a high-
speed camera without any additional education or training.297
Video Spectral Comparator 2000: This is one of the most valuable forensic
technologies available for investigators and forensic scientists. This machine helps
scientists and crime scene investigators can see obscured or hidden writing, determine
quality of paper on which its written, origin and ―lift‖ indented writing and
might complete the analysis even after the piece of paper has been damaged by water
or fire that it looks unintelligible to the naked eye.298
3D Forensic Facial Reconstruction: It is one of the most interesting technology

available to forensic pathologists, forensic anthropologists and forensic scientists.
Real-life human remains are taken and with help of 3D facial reconstruction software
they are extrapolated to reconstruct a possible physical appearance.299
Forensic Carbon-14 Dating: Scientists and archaeologists have been using carbon
dating for a long time to ascertain the age of unknown remains for anthropological
295
296
297
ibid
298
299
Ibid
177 | P a g e
and historic findings. As Carbon-14 dating calculates the amount of radiocarbon has
increased and decreased to distinct levels over the past 50 years, it now can be used to
identify forensic remains.300
Challenges in Forensic DNA Analysis
DNA has been accepted as a silver bullet, especially in sexual assault cases where no
witness is present and there is no weapon of offence except human body and victim‘s
body is the most vital source of evidence. In fact survivor is ―a walking and talking
crime scene‖. DNA profiling has become most potent tool for criminal investigation
and widely accepted by the courts as key evidence. But there are some issues which
adversely impact the efficacy as well as credibility of this technology.
First is the evidence collection, preservation and dispatch. Biological evidence refers
to biological samples like hair, blood, semen, tissue, nails, bones, teeth, saliva or other
bodily fluids. Proper preservation of biological evidence is imperative to ensure the
integrity, prevent the loss and minimize degradation or premature destruction of
biological evidence.
It is preferable that crime scene investigation includes forensic strategy in sexual

assault cases, which may include:
• Release of physical scenes;

• Availability and significance of scene of crime job sheets and
photographs;
• Evidence necessary to prove that an offence as described has taken
place;
• Any apparent lack of evidence which would have been expected
and which could challenge the victim's account of what happened;
• Prioritization of items of evidence for submission to the laboratory
including intimate samples;
• Evidential value of any samples already examined (e.g. using an
early evidence kit);
• Potential value of items, e.g. torn clothing, injuries, fingermarks;
• Continuity;
300
Ibid
178 | P a g e
• Storage of exhibits not being immediately examined;
• Costing (fast-track examination);
• DNA - submission to the National DNA Database and possible
screening;
• Toxicology;
• Glasses, bottles or cups if a drug-assisted offence is suspected;
• Drug related paraphernalia or literature from the scene or suspects
home address, intelligence from computers and mobile phones;
• Any other action to assist the investigation
When collecting the samples for a forensic use, the following principles must be
respected:
i. Avoid contaminations: Make sure the samples are not contaminated from
other materials; always wear gloves. Modern analysis techniques of DNA
are so sophisticated they are able to notice even small traces of an
extraneous DNA.
ii. Collect the samples as soon as possible: Do not let too much time pass
between the events and the collection of samples, since it should be as
short as possible. The probability of obtaining information may indeed
diminish as time passes. The ideal situation is a collection made within
24h since the moment of the violence; whenever exceeding 72h, the
quality and the outcomes of the collection results considerably lowered.
iii. Correctly handle the samples: Make sure the samples are packaged, stored
and appropriately carried. Forensic laboratories should be able to provide
indications about special requirements of handling and storage of samples:
as general rule, the fluids should be refrigerated, whereas all other
materials (biological traces and none) should be dried.
iv. Carefully label the samples: All samples should be labeled in order to
specify: name and date of birth of the patient; name of the health
professional who intervened; the typology of the sample and the date and
time of the collection.
v. Guarantee the safety: Samples should be packaged with seals, in order to
maintain the integrity. Generally, security coded bags are used. Moreover,
179 | P a g e
the conservation of samples is just an authorized and registered
personnel‘s prerogative.
vi. Maintaining –uity: Once the sample collected, the successive handlings
have to be correctly recorded; moreover, the details about the transfer of
the sample between the operators have to be noted down as well.
vii. Document the activities performed: It is a good praxis to fill out a detailed
list relative to medical notes of the patient, to the reports on all collected
samples and all the details about their transfers to forensic laboratories.
(Table 2) shows forensic samples collected in cases of sexual abuses,
together with some notes about the collecting methods.
Forensic Sample Collection301
MATERIAL/
SUBSTANCE EMPLOYED INSTRUCTIONS FOR
ZONE
TO BE TOOLS SAMPLING
ANALYSED
Cotton swab Use swabs and slides for the

and slides for collection and storage of materials.
Anorectal Semen
microscope Dampen the tools with sterile water,
area analysis not with lubricants
Lubricant Cotton swab Dry the tampon after the collection
Drugs Test tube Collect 10 mL of venous blood

Blood
Victim‘s DNA Test tube Collect 10 mL (or less) of blood
Extraneous
material stuck Clothes are to be put into paper
to clothes bags. Objects or wet clothes have to

Clothes Paper bags
(blood, be dried as first, then put into
biological separate bags
fluids, hair,
301
Sexual Abuses: Forensic Medicine and Forensic Genetics Aspects, Ciro Globe, Journal of Forensic
Sciences and crime investigation ISSN 2476 1311, Volume 3 Issue 5, July 2017
180 | P a g e
fibers)
Use swab and separate slides to

collect biological material from the
Cotton swab
Vaginal, vulval external area, inside the
and slides for
perivaginal, Semen vaginal canal and in cervix.
microscope
vulval area Lubricate the speculum with water
analysis
(not lubricant) otherwise perform a
blind vaginal swab
Comparison
with hair
Sterile Collect a lock of hair and put it
Hair retrieved on
container inside a sterile container
the crime
scene
To Tampon the different mouth

Cotton swabs,
areas with one or more swabs. In
Oral and sterile
order to obtain a sample through
perioral Semen container (for
mouth washing, rinse the mouth
area oral washes) or
with 10 mL of water and collect into
dental floss
a container
The forensic samples collected from a rape victim will definitely result in evidence
but due to factors of time, chemical (like washing by soaps or detergents),
external/climate (temperature and humidity) and internal (mixing with other bodily
fluids) can impact the utility and validity of a sample. Sooner the samples are
collected and sent for testing, better are the chances of reliable results. The following
are just some guidelines about period of viability of different DNA samples302
• DNA from fingers in vagina — up to 12 hours.

• DNA from a penis — most likely to obtain a profile from the
victim within the first 12 hours.
302
Sexual Abuses: Forensic Medicine and Forensic Genetics Aspects, Ciro Globe, Journal of Forensic
Sciences and crime investigation ISSN 2476 1311, Volume 3 Issue 5, July 2017
181 | P a g e
• DNA from skin to skin contact (e.g., on bruises, or from kissing)
can be detected up to two days. This includes detection of body
fluids, cellular material and lubricant. If by chance, the person has
not bathed or showered then the Forensic Science service says that
the relevant area can be swabbed up to 7 days after the incident.
• Fingernail scrapings — two days.
• Oral (saliva and mouth swabs) — two days.
• Lubricant from a condom — up to 30 hours.
• Anal — up to three days.
• Vaginal — up to seven days.
• Fibers of anything put on the head can last up to seven days.
• Semen can be detected on clothing despite washing.
In some cases of rape or assault, the assailant may not ejaculate which means no
semen will be found on the victim‘s body, ruling out extraction of any genetic
evidence from semen. In such cases alternative genetic evidence could be collected to
link the assailant to the victim like saliva samples from victim‘s body where the
assailant has licked or pubic hair or cells from the assailant's penis that have been left
behind, or finger nail clippings can be collected as look for traces of foreign DNA
from semen, skin or fecal matter.
After rape or assault, the instinctive reaction is to shower or wash but preservation
DNA evidence is critical in such cases and victim must refrain from washing or
brushing their hair, changing clothes; move, discard or use any object touched or
handled by the offender or clean the incident area. Its recommended to conduct full
examination of the body and collect samples of hair, urine, vaginal swabs or blood
and documented, described and photographed injuries sustained as a result of the
assault.
Huge Backlog of Forensic Cases
There has been growing demand for improved scientific analysis of physical evidence
with alarming rise in reports of crime against women such as sexual assault, criminal
paternity and homicide. The lack of well-equipped, advanced forensic labs and
shortage of forensic experts have resulted in DNA samples of 12,072 sexual assault
cases have piled up and await examination. 303 Currently there are only 6 Central
Forensic Science Labs (CFSLs) in India nut only 3 (Chandigarh, Hyderabad and
Kolkata) have facility to test DNA samples with a capacity to handle only 600 cases a
year.
Recently foundation of Sakhi Suraksha Advanced DNA Forensic Lab was laid in
CFSL Chandigarh. This will be India‘s first advanced forensic lab exclusively for
crimes related to women, which would be in par with international standards will help
in reducing the huge backlog of forensic DNA analysis of pending sexual assault
cases. This advanced hi-tech lab will have 4 units i.e. Sexual assault & Homicide unit,
Paternity unit, Human identification unit and Mitochondrial unit. 304 It has been
planned to set up 5 more such forensic labs in next 3 months to bring minimum
annual handling capacity of forensic labs in India to 50000 cases.
Evidentiary Value of Forensic Tests and Legal Provisions
In India, the application of forensic science to crime investigation and trial has to
stand the limitation and test of law. The cardinal issue is that whether such techniques
are constitutionally valid and if yes then the extent up to which they are valid, and the
evidentiary value of the forensic findings in criminal trial.
Constitution of India by virtue of Article 20(3) upholds the principle of natural justice,
provides among the fundamental rights as Right against Self-incrimination and states
that ―no person accused of any offence shall be compelled to be a witness
against himself‖.305 This principle is espoused in legal maxim ―nemo tenetur
seipsum prodere/accusare‖306 that No man is bound to Accuse Himself. This
principle also touches upon the presumption drawn by Criminal law that ―an
accused is innocent untill proven guilty‖. It also provides a protective umbrella
against testimonial compulsion and shields from possible coercion, intimidation or
threat. Article 11 of
303
Hindustan times, Apr 26, 2018, Available at: https://www.hindustantimes.com/india-news/over-
12-000-dna-samples-from-sexual-assault-cases-pending-examination-at-forensic-labs/story-
AzD26fBHTEibaUu7OKinoN.html, Accessed on: 30-10-2018
304
Available at https://currentaffairs.gktoday.in/indias-advanced-forensic-lab-dedicated-women-
related-cases-chandigarh-06201855823.html, visited on 6-11-2018
305
Article 20(3), Constitution of India, available at https://indconlawphil.wordpress.com/tag/article-
203/, visited on 5-11-2018
306
Nemo tenetur seipsum accusare - Oxford Reference, available at
http://www.oxfordreference.com/view/10.1093/oi/authority.20110803100228954, visited on 4-11-
2018
Universal Declaration of Human Rights, states that "Everyone charged with a
penal offence has the right to be presumed innocent until proved guilty
according to law in a public trial at which he has had all the guarantees necessary
for his defense‖.307
This necessarily means that the burden is on the prosecution to establish the guilt of
the accused without doubt and that the accused has a right to remain silent which is
subject to his much broader right, against self-incrimination. The right to remain silent
as enshrined in English and European Law, is protected under Article 20(3) and
Article 21 of Constitution of India. The protection is available not only in respect of
evidence given in a trial before Court but also at previous stage. Article 20 (3)
provides protection against self-incrimination is available only when compulsion is
used and not against voluntary statement, disclosure or production of document or
other material308. This right has been taken to ensure that a person is not bound to
answer any question or produce any document or thing if that material would have the
tendency to expose the person to conviction for a crime. 309
Sec. 73 of the Indian Evidence Act 310 ―empowers the court to direct any
person including an accused to allow his finger impressions to be taken. The Supreme
Court has also held that being compelled to give fingerprints does not violate the
constitutional safeguards given in Art. 20(3).‖311
The issue of involuntary administration of forensic techniques like narco-analysis

tests, polygraph examination, etc. for the purpose of improving investigation and
increasing certainty in incrimination, has gained a lot of importance and debated as
307
Universal Declaration of Human Rights, United Nations High Commissioner For Human Rights,
http://www.icnl.org/research/library/files/Transnational/UNIVERSAL_DECLARATION_OF_HUMAN_RI
GHTS.pdf (last visited on 29.10.2018).
308
Justice U.C. Shrivastava, Immunity from Self-Incrimination under Art. 20(3) of the Constitution of
India, JJTRI, U.P., http://ijtr.nic.in/articles/art19.pdf (last visited on 28.10.2018)
309
McDougall, Justice Robert, The Privilege against Self-incrimination: a time for reassessment, Paper
presented at New South Wales Bar Association, 18 October 2008
http://www.supremecourt.lawlink.nsw.gov.au/agdbasev7wr/supremecourt/documents/pdf/mcdoug
all181008.pdf, (last visited on 29.10.2018) p. 2; Ashish Goel, ‘Indian Supreme Court in Selviv. State
of Karnataka: Is a Confusing Judiciary Worse than a Confusing Legislation?’,Vol. 44, JLPA, Asia and
Latin America(2011).
310
Indian Evidence Act Section 73, available at
https://www.legalcrystal.com/cases/search/name:indian-evidence-act-section-73, visited on 5-11-
2008
311
Gaurav Aggarwal, Smart Study Series Forensic Medicine &Toxicology 73 (ELSEVIER A division of
Reed Elsevier India Private Limited, Gurgaon Haryana), 2009).
whether such tests were violative of Article 20(3) or not. In the case of State of
Bombay v. Kathi Kalu ghad & Others 312, the court opined that giving thumb
impression, specimen signature, blood, hair, semen or any other information by the
accused cannot be called as ‗being a witness‘ within the meaning of the said Article.
Therefore, accused doesn‘t have any right to object to DNA examination as needed in
investigation and trial.
―There is another noteworthy verdict came from Bombay High Court in in the case of,
Ramchandra Reddy and Ors. v.State of Maharashtra‖313, held the use of P300 or
Brain finger-printing, lie-detector test and the use of truth serum or narco analysis, as
legal and evidence obtained from Deception Detection Tests like truth serum is also
admissible. It also permitted Special Investigation Team (SIT) to conduct scientific
tests on the accused in the fake stamp paper scam including the main accused, Abdul
Karim Telgi.
Madras High Court held in a 2006 judgment, in case of Dinesh Dalmia v State, that
subjecting an accused to narco-analysis does not amount to compulsion to obtain
testimony. But later Supreme Court raised its concern in a case, Selvi & Ors v. State
of Karnataka & Anr.314 about the legitimacy of involuntary administration of forensic
techniques to improve investigation efforts in criminal cases. The Supreme Court held
that the guilty knowledge forensic tests like brain mapping and polygraph tests were
inconclusive and devoid of certainty and thus their mandatory usage in a criminal
investigation cannot be considered constitutional. In this case the Hon‘ble Chief
Justice, Justice K.G Balakrishnan drew the following conclusions:
a. The enforcement of Personal liberty and right against self-incrimination

cannot be suspended even during emergency as they are non-derogable rights.
b. The right of police to investigate and examine any person cannot prevail over
constitutional protection given in Article 20(3);
c. The protection given in Article 20(3) is also available at the stage of
investigation not just at the stage of trial and this right protects not only
312
AIR 1961 SC 1808, 1962 SCR (3) 10.
313
Narco Analysis and its Evidentiary value in India, available at
http://www.supremecourtcases.com/index2.php?option=com_content&itemid=1&do_pdf=1&id=2
1437, visited on 5-11-2008
314
Selvi & Ors vs State Of Karnataka & Anr, available at https://indiankanoon.org/doc/338008/,
visited on 5-11-2008
persons who have been formally accused but also suspects and even witnesses
who cognize making any statements exposing them to criminal charges or
further investigation;
d. The person being examined can choose to answer or remain silent and decide
whether the answer to a particular question would be inculpatory or
exculpatory;
e. Witnesses cannot invoke Article 20(3) during proceedings that cannot be
considered as criminal proceedings;
f. Mandatory narco-analysis test tantamount to ‗testimonial compulsion‘ and
attracts protection under Article 20(3);
g. DNA profiling cannot be considered as a testimonial act and thus won‘t attract
protection under Article 20(3);
h. Though acts of compulsory obtaining signatures and handwriting samples are
testimonial in nature, but cannot be considered incriminating by themselves as
they are used for identification or corroboration;
i. A person cannot be subjected to polygraph test or narco-analysis without
obtaining his consent, failing which will amount to forcible interference with a
person‘s mental processes and considered violative of the right to privacy;
j. Unless it is necessary under public interest, permission for involuntary
administration of narco-tests cannot be given by courts.
The Code of Criminal Procedure, 1973, through 2005 amended, enable the collection
of a bunch of medical details from accused persons upon their arrest. Section 53 of the
Criminal Procedure Code 1976315 has provision of conducting medical examination of
the accused person at the time of arrest, if there are ―reasonable grounds for
believing‖ that such examination can reveal or result in incriminating evidence
linking him to the crime. By an amendment in 2005, the scope of such examination
was expanded by including ―the examination of blood, blood-stains, semen, swabs in
case of sexual offences, sputum and sweat, hair samples and finger nail clippings by
the use of modern and scientific techniques including DNA profiling and such other
315
Section 53 of the Cr.PC, available at https://indiacode.nic.in/acts/11.%20Code%20of%20Criminal
%20Procedure,%201973.pdf visited on 3-11-2008
tests which the registered medical practitioner thinks necessary in a particular case.‖316
But this amendment is limited to rape cases only and does not enable a complainant
to collect blood, semen, etc, for bringing criminal charges against the accused; neither
does it apply to complaint cases.317 Section 164A Code of Criminal Procedure, 1973
318
has provision of conducting the medical examination (including DNA profiling) of
a woman who is an alleged victim of rape within 24 hours. These sections authorize a
medical practitioner, as defined in Sec. 2(h) Indian Medical Council Act, 1956, to
collect a DNA sample but a medical practitioner is not capable to collect and preserve
DNA evidence, unless he has been provided requisite training. DNA evidence is
entirely dependent upon proper collection and preservation of sample and any simple
or small mistake or ignorance or carelessness can contaminate the sample and render
it of no use.
Forensic analysis report is considered as ―opinion‖ tendered by expert in Indian

Evidence Act, 1872. An expert is a person who, by knowledge, practice and
observation, has become experienced and proficient in any science or trade. He is the
person who has devoted time and study to a special or specific branch of learning, and
is thus especially skilled in that particular field, domain or subject in which he is
319
asked to provide his opinion. The main function of the expert is to put all the
materials, along with reasons compelling him to come to the ultimate conclusion,
before the court so that the court, despite not being an expert, can form its own
judgment by its own observation of those materials 320. The credibility of an expert
witness is based on the tools & techniques used along with the reasons and validations
321
for reaching such conclusion. But the court is not bound by the expert opinion and
free to differ with expert‘s conclusions and base its decision on other evidences as
deem fit.
316
http://www.genewatch.org/uploads/f03c6d66a9b354535738483c1c3d49e4/India_DNA_Bill_Memo
_2.0.pdf, (Accessed on 25.10.2018)
317
Supra, n. 8.
318
Section 164, Indian Evidence Act, available at https://indiankanoon.org/doc/497457/, visited on 5-
11-2018
319
Pragati Ghosh , Evidentiary Value of Expert Evidence under Indian Evidence Act, 1872,
http://www.shareyouressays.com/119180/evidentiary-value-of-expert-evidence-under-indian-
evidence-act-1872, (accessed on 26.10.2018).
320
S. C. Parakh, ‘Expert Witness’ 421 IJA Vol.55 (2011).
321
Prof. (Dr.) B. P. Tiwari, Evidentiary Value of Expert Opinion, 23 IIRRJ Vol. IV (2012).
The National Draft Policy on Criminal Justice Reforms 322 has suggested amendment
in Indian Evidence Act to make scientific evidence admissible as ‗substantive
evidence‘ instead of ‗expert opinion evidence‘ and establish its probative value on the
basis of the level of sophistication of the particular scientific discipline.
Restrictive Use of Forensic Evidence in Indian Legal Scenario:
The cardinal function and objective of scientific investigation is to convert suspicion

into reasonable certainty of either guilt or innocence. Till recently, because of the non-
availability of proper technologies, the courts had to rely heavily on the non- scientific
evidences. A study conducted in 2011 revealed that shows that DNA has played an
important role in only 47 cases in Supreme Court and different High Courts. In
23.4% of these cases, decisions were given by Delhi High Court alone and DNA
evidence was used in just 4.7% murder cases and 2.3% rape and murder cases323. In
another research study conducted on rape cases over the decade, indicated that despite
the figures being abysmally low, but Indian courts have gradually increased reliance
on forensic evidence and DNA profiling over the years, and concerted efforts are
324
needed to include scientific evidence in all criminal matters.
The Indian forensic science domain India has not been fused. Many a time, neither
the judge/ arbitrator, nor the lawyer nor even the police fully appreciate, the advances
or the extensive, promising scope and capabilities of science and the fusion of new
technologies, methodologies, modalities and research. The nature of forensic science
is multitask and multi-professional, which augurs for an inter-professional approach,
which is mostly lacking.325
It was also indicated in the Committee on Reforms of Criminal Justice System 326 that
the current level of application of forensic science in crime investigation is quite low
in India, as only 5-6% of the registered crime cases are referred to Forensic Science
322
Report of the Committee on Draft National Policy on Criminal Justice, Ministry of Home Affairs,
Government of India, July, 2007.
323
The Role of DNA in Criminal Investigation- Admissibility in Indian Legal System and Future
Perspectives, 15-21 IJHSSI Vol. 2 (2013)
324
Dipa Dube, ‘Determining the Applicability of DNA Evidence in Rape Trials in India’, Vol. 2 (1),
IJSSR, 2014
325
Justice Jitendra N. Bhatt, A Profile of Forensic Science in Juristic Journey, http://www.ebc-
india.com/lawyer/articles/2003v8a4.htm (last visited on 8.11.2018).
326
Committee on Reforms of Criminal Justice System, Government of India, Ministry of Home Affairs,
Report, Volume 1, March 2003.
Labs (FSLs) and Finger Print Bureau put together. In the view of consistent fall in
conviction rate over the years in India, it‘s imperative to bring drastic improvement in
the situation. The forensic analysis can indeed help in reversing this trend as its
conclusive and clinching in nature.
There are various reasons for reluctance of courts to use forensic evidence in criminal
investigation. Courts have repeatedly commented on issues like improper
management (collection, preservation and transportation) of physical evidence, non-
collection of clue evidence, non-maintenances of chain of custody, as well as delayed
dispatch of physical evidence for scientific analysis. Court would obviously reject the
report if there are such glaring discrepancies and lapses like not sending an accused
for medico-legal examination, crime scene not cordoned off and evidence trampled
indiscriminately over a period, by non-lifting of fingerprints by the I.O or when
bloodstained mortal object had been sent for chemical examination without wrapping
it immediately after seizure of the same.327
Sometimes scientific evidence suffers from some kind of technical lacunas such as
non-mention of blood group in Serologist‘s report 328, tests were not done
meticulously329, no supportive data were provided by the Expert along with report 330,
delayed examination of exhibits at the laboratory331etc.
Delayed examination of exhibits at the laboratory can turn the merit of a case into a
drawback. It puts a big question mark on the authenticity of evidence if there is
delayed examination of biological, serological and viscera exhibit in poisoning cases.
The putrefaction of such exhibits can generate alcohol in the exhibits, on long
standing, and may also not permit the detection of poison and conclusive serological
results; likewise, in cases of drunkenness, the blood alcohol or urine alcohol negative
samples may test positive for the presence of alcohol due to self-generation of alcohol
327
A. Dutta, R. C.Arora,and Dr. P.C. Sarmah, Analysis of Problems related to Forensic Examination in
Offences against Human Body and Need for Auditing, Vol.LVIII (3),IPJ& pg. no.10-11(2011).
328
Kasha Beharav. State of Orissa, AIR 1987 SC 1507.
329
Himanashu Pahari v.State, (1986) Cri. L.J. 622.
330
Mahmood v. State of U.P., AIR 1976 SC 69.
331
Mahavir Singh v.State, Cri. Appeal No. 498/2007, decided on 22.5.09
on the putrefaction of samples332. Sometimes, the Autopsy Surgeon is unable to clarify
the mode of death.333
Medico-legal examination unearths the real cause of injury or death and clearly reveal
the nature of death i.e. accidental/suicidal/homicidal and injury. Therefore it‘s very
important to carefully prepare the documentation of medico-legal examination in
order to arrive at scientific findings, but still in many cases is not done in an
appropriate manner.
Despite numerous studies showing its great potential in various situations, forensic
case data, is still not integrated properly into the investigation and crime analysis
process.334
Latest Judicial Pronouncements
Following are some of the latest cases forensic evidence was presented and court gave
its verdict by taking into consideration of this piece of evidence.
In Krishan v. State of Haryana335, the Trial Court, considering the facts and
circumstances of the case, more particularly relying on the FSL report convicted the
appellant under Sec. 376 and Sec. 506 of IPC.
In a recent judgment in case of State of Gujarat v. Mohan Hamir Gohil and others 336,
Division Bench of this Court after referring to various authorities on DNA
technology, different methodology used for testing and the scientific advancements
made world over, noticed that over a period of time the Courts across the world
including in India have been placing heavy reliance on DNA results. It was observed
"Over a period, the technology of DNA testing has made great strides and achieved
sophistication leading to results which can often times be used either for inclusion or
exclusion of the accused. DNA of a person is considered unique to himself (except in
cases of identical twins) and can be traced from smallest quantity of blood, saliva,
semen, root of hair, skin, nail and such like. Subject, of course, to the laboratory
332
Mahavir Singh v.State, Cri. Appeal No. 498/2007, decided on 22.5.09
333
Enamul Haque v. State of West Bengal, CRM 17348 of 2010 & AST 1114 of 2010.
334
Olivier Ribaux, Simon J. Walsh and PierreMargot, The contribution of forensic science to crime
analysis and investigation: Forensic intelligence, 171-181 FSI vol.156 (2006).
335
(2014) 13 SCC 574.
336
R/CR.A/224/2012
analyzing the sample following the scientific protocols, the DNA results becomes
absolutely unquestionable.
Division Bench of the Andhra Pradesh High Court in the case of Pantangi Balarama
Venkata Ganesh v. State of A.P.337, described DNA as a perfect science and opined
that ―the evidence of DNA expert is admissible in evidence as it is a perfect science.‖
DB also observed that ―if the DNA fingerprint of a person matches with that
of a sample, it means that the sample has come from that person only. The probability
of two persons except identical twins having the same DNA fingerprint is around 1 in
30 million world population. It means that DNA test gives the perfect identity. It is
very advanced science.‖
In Dharam Deo Yadav v. State of Uttar Pradesh 338, dealt with the admissibility of
DNA evidence and observed that ―Crime scene has to be scientifically dealt
with without any error. In criminal cases specifically based on circumstantial
evidence, forensic science plays a pivotal role, which may assist in establishing the
evidence of crime, identifying the suspect, ascertaining the guilt or innocence of the
accused. One of the major activities of the investigating officer at the crime scene is to
make thorough search for potential evidence that have probative value in the crime.
Investigating Officer may be guarded against potential contamination of physical
evidence which can grow at the crime scene during collection, packing and
forwarding. Proper precaution has to be taken to preserve evidence and also against
any attempt to tamper with the material or causing any contamination or damage.‖
In Anil @ Anthony Arikswamy Joseph v. State of Maharastra 339, relying on

scientific evidences including DNA profile and oral evidences, the accused was
convicted and punished with death sentence and fine by the Sessions Judge, Nagpur
for gruesome murder of a minor boy aged about 10 years after subjecting him to
carnal intercourse and then strangulating him to death.
In Nitish Katara murder case, the identification of the deceased victim was difficult
due to availability of only a small portion of one un-burnt palm with fingers. Here
also, DNA profile helped in identifying the body remains by matching DNA profile
337
2003 CriLJ 4508, 2003 (1) ALD Cri 789
338
2014(5) SCC 509
339
(2014) 4 SCC 69
with parents of the deceased which helped the High Court of Delhi to uphold the
conviction of the accused48.
In Anmolsingh Swarnsingh Jabbal v. The State of Maharastra340, the Bombay

High Court relied on DNA evidence along with other evidences and upheld life term
for the accused who murdered his lady colleague, in a case of one-sided love.
In another case where a four-year-old girl child living in a slum dwelling was brutally
raped and subjected to unnatural sex. Delhi police went for DNA profiling to link the
culprit with the ghastly act of sexual violence. After having examined the detailed
analysis of statements, witnesses, evidences and approved the investigation findings
based upon DNA reports, the court, holding the accused guilty, overturned the order
passed by trial court and set aside acquittal order passed by the trial court.341
DNA fingerprinting played a key role in another case where a 10 year old school girl
was raped and murdered by auto rickshaw driver and dumped the body in a running
canal. DNA profiling paved the way for prosecution and conviction of the culprit..342
In Sushil Mandal v. The State343 the petitioner who was father of the deceased boy
was not ready to identify the body remains and clothes of his missing son as that body
was recovered from a lake after a week in fully decomposed state. He preferred
habeas corpus petition in the high court for his missing son. It was decided to take the
help of forensic tests and conducted DNA profiling and Skull superimposition test.
DNA tests of the body matched with profile of the parents and skull superimposition
test also indicated the same. Still petitioner refused to accept and challenged the
findings of DNA profiling. The apex court placed relied on DNA profiling and other
scientific tests for identification344 and disposed the matter.
DNA profiling has become the most popular and preferred forensic tool in criminal
investigation but the only issue which should be taken care of is the human mistakes
i.e. in collection, preservation, dispatch and quality control. There is a famous article
which has been quoted in many judgements and referred by defense, on this topic
340
State of NCT Delhi v. Sujeet Kumar, 2014 SCC Online Del 1952
341
State of NCT Delhi v. Sujeet Kumar, 2014 SCC Online Del 1952
342
State by the Inspector of Police v. Manoharan, 2015 Cri. LJ 1215 : MANU/TN/ 0496/2014.
343
2014 SCC Online Mad 7362 : (2014) 2 MWN (Cri) : 580 (Mad) (1B)
344
Inspector of Police v. John David (2011) 5 SCC 509
written by Dr. Lalji Singh345, Centre for Cellular and Molecular Biology, Hyderabad,
on applications of DNA profiling in which he has mentioned that:
"Precautions :-- DNA profiling is technically demanding. There are cases on record in
the US where mistakes seem to have been prompted by human errors. There is a need
for quality control. Every precaution should be taken to ensure preparation of high-
molecular-weight DNA complete digestion of the samples with appropriate enzymes,
and perfect transfer and hybridization of the blot to obtain distinct bands with
appropriate control. If necessary the analysis should be repeated. The DNA
fingerprinting test, if performed property, is infallible. However, there is need to
interpret DNA typing with a thorough understanding of the populations involved.346"
Thus, scientific evidence is an inescapable facet of modern litigation. The faulty

analysis of scientific evidence would deprive the litigants of intellectual due process
from judges and undercut the proper functioning and credibility of the judicial system.
The growth of forensic DNA has been prolific in most countries, but India is
dolefully behind. India does not have a criminal DNA database program, India has not
fully embraced the basics of DNA. In USA, more than 140 people convicted of
murder were exonerated using DNA test which sufficiently proves that this
development has been very useful. India conducts an abysmal number (under 10,000)
347
of DNA tests a year compared to 60,000 in the UK. The conviction rate in violent
rapes has gone down in India from around 50 percent to under 30 percent in the past
couple of years. The NCRB reports 348 reveals that Crime against Women shows
upward trend whereas conviction rate has gone down from 21.7% in 2015 to just
18.9% in 2016. In the same period, the case pendency percentage has alarmingly
increased from 88% to 89.8% with 1,204,786 cases of Crime against Women pending
trial. Legal experts and scientists are rightly calling for changes in law to make DNA
testing part of the standing operating protocol (SOP) in cases involving rape and
violent crimes.
345
DNA profiling and its applications, Lalji Singh, Current Science, Vol.60, No.9/10, (25 May 1991), pp.
580-585
346
2003 (2) ALT Cri 9, available at https://indiankanoon.org/doc/17839/, visited on 6-11-2018
347
Forensic tool for faster justice, available at http://www.indialegallive.com/people/inderjit-
badhwar/need-of-the-hour-forensic-tool-for-faster-justice-in-india-38651, visited on 6-11-2018
348
Crime in India statistics 2015/2016, National Crime Records Bureau, Ministry of Home Affairs
The criminal justice system is supposed to be based on just and
equitable principles. The task of the Court is to industriously
understand the scientific evidence and assess its value, without
being affected by commercial publicity given to the scientific
inventions patented for use of science as commerce.
Our criminal justice system has to be upgraded so as to leave no

stone unturned to save an innocent person and to affirm that a
criminal does not get away at the cost of innocent life. Our criminal
justice system says let hundred guilty one get away but let not one
innocent suffer. It‘s high time for us to develop our system to the
level that none of the criminals get away without being punished
for their crime because when they are able to do so, their victims
are being denied justice and that frustrates the whole system. Let‘s
hope all these developments of forensic science would be a
sufficient tool in the hands of the people fighting crime so as to
arm them against it and make the system work to establish more
and more just and safe place for people live in peace and
prosperity.
194 | P a g e

Role of Forensic Science in Investigation of CAW: Chapter - V

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CHAPTER – V

ROLE OF FORENSIC SCIENCE IN INVESTIGATION OF CAW

In female victimization cases it is essentially critical to collect and preserve the

Locard‟s Principle of Exchange

Forensic science, an amalgamation of almost all faculties of knowledge, is an

Investigation process consists of evidence collection at crime scene or from a person

Narcosis is a state of stupor induced by drugs. The use of narcotics as a therapeutic

Narco-Analysis is a process whereby a subject is put to sleep or put into semi-

These techniques are especially appurtenant in cases where traditional forms of

Utility and Evidentiary Value of Narco Analysis

Criticism of Narco-Analysis Test as Evidence

Successful narco-analysis test is not dependent on injection but depends critically on

A. Polygraph or Lie Detector Test

Polygraph or Lie Detector is extensively used technique of modern science intended

Equipment‟s or Sensors Used in Polygraph Test

Pneumograph measure the respiratory changes corrugated rubber tube is tied

Sphygmograph Wrapped around upper arm to measure cardiovascular

Plethysmograph Transducer measures the blood volume, reflecting the pulse

Galvanic Skin measure the changes in the galvanic skin response by

Polygraph Testing devices271

Critical Analysis of Polygraph

Though Polygraph is technological tool but not a perfect science or offer

1. Civil Cases: Diagnostic, Therapeutic or interventional & Rehabilitative

Polygraph Questioning Techniques

All polygraph questioning techniques which have some level of process

As evident by the name, the relevant-irrelevant test compares subject‘s responses to

The main drawback of ‗relevant-irrelevant‘ polygraph tests is that there is a lack of

Concealed Information Test

Peak of Tension Test

Brain Mapping or P300 Test

Brain fingerprinting is an objective, scientific method to detect hidden information

This technique was developed by a famous neurologist Dr. Lawrence A. Farwell,

Non-Verbal Lie Detection Technique

Behavior Analysis Interview

BAI is a set of 15 predetermined standardized interview protocols. It is the only

Chromosomes, DNA, Genes

―Forensic analysis of mtDNA is more rigorous, time consuming, and costly

DNA FINGERPRINTING/ DNA PROFILING

DNA fingerprinting is a laboratory technique used to establish a link between

These repeat sequences called Variable Number of Tandem Repeat sequences

Conventional process of DNA fingerprinting is now upgraded by an automated

Paternity/ Maternity Test

―DNA paternity testing is the use of DNA fingerprinting to determine whether

The DNA of a person is same in every non-reproductive or somatic cell. During

While testing paternity of a male child, Y chromosome is used for comparison as it is

DNA Fingerprinting Cases

Rajiv Gandhi Assassination

Tandoor Murder Case

Priyadarshini Mattoo Case

Neeraj Grover Murder Case

Sheena Bohra Murder Case

Nirbhaya Rape Case

Kotkhai Rape-Murder Case

LCN DNA/ Touch DNA

Magnetic Fingerprinting and Automated Fingerprint Identification (Afis): These

Ballistic fingerprinting is one of the important branches of Forensic Science. It is

Modern Forensic Technologies

Laser Ablation Inductively Coupled Plasma Mass Spectrometry (LA-ICP-MS):

Alternative Light Photography: ABILITY TO QUICKLY ASCERTAIN THE

High-Speed Ballistics Photography: INVESTIGATORS TAKE HELP OF

3D Forensic Facial Reconstruction: It is one of the most interesting technology

Challenges in Forensic DNA Analysis

It is preferable that crime scene investigation includes forensic strategy in sexual