A Profile of Forensic Science in Juristic Journey

Jurisprudence is a science of law which seeks to explain what law is about in the most general way. Science studies phenomenon as it is and not how we wish it to be. But, then, in Physics, we study the atom and the sub-atom particulars and their behaviour as it actually happens and not how we would like it to happen. Of course, Jurisprudence has many shades and flavours like positivist jurisprudence or sociological jurisprudence, etc. In 20th Century, Science and Technology have made substantial and significant advancement and progress. The modern scientific and technological progress is proceeding at a pace, which is not parallel in history. In the modern age, science and technology have become closely interlinked and the gap between them has narrowed down.  Since man is a part of nature and science is a systematic study of nature, the study of manking in society should also be regarded as a science. In jurisprudence, any act is often defined as a philosophy of law rather than as a science of law. However, since, law has an objective existence as a part of social reality, there is no reason why systematic study of nature and origin should not be a science. As such, positivist jurisprudence aims at scientific study of the law. There is, also, one school of thought, which believes that jurisprudence is more a science of law than a philosophy of law.  The word, “forensic” has been derived from the latin word “foresis”, meaning belonging to the market places or forum. In ancient Rome, “forum” or public meeting place was where legal cases were tried and pleaded. The term, ‘Forensic Science’ (F.S.) means the application of knowledge of science for the purpose of law and justice. The term includes the application of all sciences. Howsoever it may appear to be bold and odd at the first instance, but almost all branches of them could provide material help and ameliorate assistance in the administration of justice.  Forensic Science is an important branch of jurisprudence. It is a potent and powerful weapon in the armory of administration of justice. F. S. provides scientific study for investigation of crime. The growth, development, and use of F.S. in detection of crime in developed countries are tremendous and increasing with new techniques. The area of F.S. in India has yet not been fused, as it ought to have been after more than five decades of post-independence era when acquittal rate is alarmingly high. However, in our country, also, the necessity and importance of F.S. has, now, been increasingly recognised.  It cannot be gainsaid that there is lack of understanding and critical appraisal of specialists in general, by non-specialists, is all pervasive. The field of F. S. is no exception. My experience in different capacities in so far as administration of justice is concerned, many a time, neither the Judge, nor the lawyer or even the police appreciates fully the advances or the extensive, promising potentialities of the science and the fusion of new technologies, methodologies, modalities and research. Multi-task and multi-professional nature of F. S. needs an inter-professional approach which is, many a time, lacking. Therefore, sincere and serious efforts are required to be made to eliminate personal and professional bias of the involved personnel and professionals in non-technical language.  No doubt, F. S. in criminal investigation and trial is, mainly, concerned with materials and therefore, indirectly through materials, with man, places and time. F. S. embraces all branches of science and applies them to the purposes of law. It may be stated that earlier all the techniques were borrowed from various scientific disciplines like Chemistry, Medicine, Surgery, Photography, Physics, Biology and Mathematics, but, in the recent past, this Science has achieved its own faculties and branches, which are more or less, exclusively domains of F. S. Many a time, such tactics and techniques are more employed by persons indulging in offences and with the help of such tools and techniques, some of them, also, go scot-free.  It cannot be disputed, the present-day pro-file of criminal investigation and prosecution of criminals, is not in a happy state, for variety of reasons, which may not be probed deeply in this article, for constraint of time and space. Nonetheless, the acquittal-rate has sharply declined and the graph of acquittal presents a dismal picture and unhappy and sad story. According to one recent survey acquittal-rate has gone down to around 7%. It is in this context, the use and application of science and more so, F. S., in criminal investigation and administration of justice, is imperative.  The operation of F. S. is nothing but application of techniques and methods of basic science techniques for various analysis of the evidence associated with the crimes. The scientific examination by Forensic Scientists adjoins a missing link or strengthens a weak chain of investigation. The role of Forensic Scientist in detection of crime is, obviously, and, undoubtedly, very significant. The Forensic Scientists and Laboratories can play an important role in criminal justice delivery system. In our country like India, where most of the witnesses other than experts, who are investigated, interrogated or examined, are illiterate, ignorant and indigent, coming mainly from rural areas. Therefore, the role of F. S. Laboratories and Scientists can provide much needed help and play a vital role in bringing truth in, so far as, administration of criminal justice system in India is concerned. No doubt, it is, also, important and useful in many cases adjudicated in civil justice system.  It will be interesting to mention that in one of the reports of the National Human Rights Commission of India, it has been observed that F. S. is an important tool and technology in detecting evidence of torture, custodial violence, other cruel inhuman or degrading human treatment. It has, also, been observed that rightful use of F. S. will advance and help preventing violation of human rights.  Following areas and factors have given rise to the emergence of immediate need for use, study and application of F.S. :  Social changes. Hiding facilities. Technical knowledge. Widening field of criminality Better evidence. Various systematic use of F. S. would provide important assistance in reaching the answer to the following questions :  Has the crime been committed? How and when was the crime committed? Who committed the crime? It may also be noted that proper use of tools and techniques of F. S. in the investigation of crime and the knowledge of such science to the important functionaries and components of the administration of justice would be very useful, for being key to the treasure of detection of crime, identifying the criminal and providing help to the victims of the crime.  Ryder Lewington has, rightly, affirmed and mentioned in his “Sexual and Mortality Theory” that such services for victims of sexually abused and assaulted are very fruitful and useful considering the necessity and significance of use of F. S. in detection of crime. The Govt. of India has established a few F. S. Laboratories in different parts of the country. Similarly, Gujarat Government and various states have, also, established some F. S. Laboratories. F. S. Laboratory in Assam is a scientific institution under the Police Department established in the year 1967. This laboratory has been established on the pattern of an ideal F. S. Laboratory, comprising following 8 important branches of Science like Chemistry, Biology, Physics, Serology, Ballistic, Toxicology, Questioned Documents and Photography. Forensic Scientists, therefore, can play vital role not only in detection of crime, but also in reducing the potentiality of the crimes.  F. S. is another significant part of modern medical science. Law Enforcement agencies refer to forensic experts to help solve mysterious situations concering human life and thereby, provide help and useful contribution to the Criminal Courts in the voyage of search for truth in criminal trials. F. S. deals wth various aspects, including routine post-mortem to sophisticated tracking piece like DNA analysis.  The modern advancement and use of tools and techniques of latest research in the F. S., is, therefore not only essential or expedient, but imperative, which can be provided through :  Academic Courses; Research; Dissemination of principles like individuality; principles of exchange; law of progressive change; principle of comparison; principle of analysis; and, law of probabilities. The tools and techniques employed in F. S. laboratories belong to both, classical and modern categories, through following major measres :  Measurements; Microscopy; Photography; Invisible rays — ultra-violet rays — Infra-red rays; Chromatography; Electro-pharoses; Spectrography; Laser techniques; Spectrophotometry; Neutron Activation Analysis; X-ray diffraction Analysis; DTA, NMR Polaro-graphy. F. S. can be described, also, as a science, pertaining to law, but the branch which is used in criminal investigation, and findings of which can lead to the arrests and convictions. F. S. is the application to those civil and criminal laws that are enforced by the police agencies in criminal justice system. Undoubtedly, scientific investigations generate evidence in favour of the victims and against the accused. F. S. helps in providing the identity of the culprit or an accused who willingly or unwillingly, in most of the cases, leaves the signature of his crime and thereby, making the job of an investigator much easier in proving the culpability with the F. S. Unfortunately, techniques and methodology with necessary materials used extensively in western countries has, yet, not successfully clicked in India because of variety of reasons and one of them is huge finance investment. This science is, also, at times useful in finding out truth in some of the civil cases also.  It will be disturbing to know that F. S. Education is available in only 4 or 5 Univerrsities in India, whereas, in USA, the number of such Universities is more than 90 in which various courses suitable for the investigators, lawyers and independent practitioners, are offered. As a matter of fact, F. S. Consultancy is essential for law practitioners not only in matters relating to criminal law, but also in civil disputes and regulatory law violations. Forensic Scientists in many cases provide important clue and guidance to the investigators in selecting and detecting incriminating objects and items from the crime scene.  The F. S. Division of the Bureau of Police Research and Development is manned by Chief Forensic Scientist or Director (F.S.). This division undertakes the monitoring the functions of the three Central F. S. Laboratories located at, Calcutta, Hyderabad and Chandigarh, three Government Examiners of Questioned Documents are located, at Calcutta, Hyderabad, Shimla and Neutron Activation Analysis Unit under CFSL, Hyderabad, at BARC, Mumbai. All the directors of the Central F.S. Laboratories and heads of Government Examiners of Questioned Document function under the direct supervision of the Director (FS)/Chief Forensic Scientist. BP & RD Laboratories provide forensic analytical and advisory services, on referral basis, in those instances where sophisticated equipment and special knowledge is not available. The set up, required material tools and tecniques, trained personnel like experts, etc. are inadequate and insufficient when we look at the astronomical arrears and issue of Docket explosion.  No doubt, Forensic Scientists are mostly produced as expert witness at the instance of the prosecution. The practice of defence producing Forensic Scientists or the Courts consulting their own listed experts is not very much in vogue and practice in our country. As a matter of fact, there is an acute requirement and need to bridge the communication gap that presently exists between lawyers, judges and forensic scientists. An independent analysis and evaluation of scientist’s data and any subsequent testimony that may follow, again depends on the judges familiarity and understanding of the principles of Forensic Science.  National institute of F. S., New Delhi, which was set up in 1972, has been undertaking research and training in criminology and F. S. It holds integrated in-service training programmes for the functionaries of criminal justice system.  DNA Test : DNA is the abbreviation of ‘Deoxyribo Neuclieic Acid’. The structure of DNA varies from individual to individual. It is the basic genetic material in all the living beings of the anatomy. It carries the genetic code and, therefore, it is useful for proving structure, human character, behaviour, and body characteristics. DNA Test is very useful for getting identification of criminals and other individuals, which is important in criminal justice. Problem, difficult to be solved and answered in criminal investigation and trial and, also, in civil enquiry and ajudication, DNA is proved to be one of the best and certain methods. No doubt, this identified mode of DNA-finger-printing has been discovered in December years of last century.  Undoubtedly, it has tremendously proved its worth, value, degree, credibility and authenticity. DNA profiling, as such, is applicable to almost all materials and anatomy. It will be interesting to note that the quantities of DNA required for analysis are extremely small, i. e. in micrograms and recent latest techniques and surgery have shown the reqirements have become even less, whereas, the quality of evidence through DNA tests is not only macro, but also, very reliable and of high order of credence.  DNA profiling is of great assistance in analysing, evaluating and solving following kinds of issues :  Linkage to crime; Identification of the culprit or the victim; Correct parentage in disputed paternity cases, etc. In western countries, DNA test and profile is, now, widely employed and rapidly increasing. In a country like ours, such a test and profile may hardly be emphasised. Systematic programme and scientific planning ought to be started for the use of DNA test and profile. Orientation, seminars, workshop, publications ought to be carried out and methods for its utility, importance and awareness on the part of one and all concerned and functionaries in the criminal and civil justice delivery system in general and for police, Courts and correctional institutions in particular.  In many developed countries, DNA test, genetic testng tecniques and “RACMIZATION” testing based on systematic examination of teeth and bite marks has proved to be landmark in this field. No doubt, ‘RACMIZATION’ technique is currently used in Japan and Germany. It has potential to replace the traditional method which took into account the eruption and/or fusion and falling sequence of the teeth.  Apart from the development of modern F.S. techniques and institutions, there is an increasing need of role of F.S. in criminal justice by the investigators and Courts. The liaison and collaboration between the Police Officers, Forensic Scientists and Judicial Officers need to be continuously achieved in order to ensure that they are performing complementary role in search of truth and administration of justice. Intensive Training Programmes, Orientations, and Colloquiums, in basic principles and methods of F. S. should be a regular feature in our country, as it is in developed countries. A fusion of such knowledge of F. S. and newly developed techniques will, undoubtedly, not only provide proper perspective and dimensions, but also will lead to detection of crimes, and great help in search of truth. It will be useful in the prevention and control of crimes, and will provide required assistance to the parties to the civil disputes, as well.  Undoubtedly, the area of F. S. is so wide, it would not be possible to cover all important branches and faculties, factors and facets in one article like this. Therefore, this limitation and inhibition may be kept in mind by the readers. As such, it is a humble and simple endeavour to prepare a profile on a big subject, which has substantial and significant historical importance, utility and necessity for criminal investigation, trial and adjudication as well as civil enquiry, and, also, for adjudication in the administration of justice. With this parting observation and the caveat, I propose to offer my sincere thanks and felicitations to Mr. Vyas, Director, F. S. Laboratory, Gujarat State, who is incharge of bringing out a souvenir, which would be useful to the police personnel, Forensic Scientists and Judicial functionaries.  Notwithstanding, let me attempt to crystalise some of the interesting and useful areas and zones in the form of the following suggestions, which may be Technology in the criminal justice field has been crime mapping using geographic information systems. It, also, looks at the spatial and temporal dimensions of crime and enhances the ability of law enforcement agencies to analyse crime efficiently. Crime Mapping Research Centres supports the development of analytic mapping in criminal justice agencies which will be useful to support multi-jurisdictional data sharing projects and strategic approaches to Community Safety Initiative.  Establishment of Systems and Methods for Electronic Crime or Cyber Crime. With the advent of the internet has come a whole new category of crime that includes fraud, theft of services and data, copyright infringement, destruction of data through computer sabotage (viruses), and acts causing inconvenience to agencies or comprising sensitive, secret, or confidential functions.  Establishment of National Institute for Crime identification Technology for Programmes for security, technological studies and for F. S. software and other computer software systems.  Various Departments Research Institutions or Centres which will help in F. S. areas such as DNA, trace evidence, balllistics, toxicology, impression evidence and questioned documents must have demonstrated scientific foundations to yield strong evidence in Courts at the State levels also.  For creating and establishment of investigation Sciences with sufficient funding sources. The need for sound, uniform investigative protocols and training for enforecement and other public safety personnel has been demonstrated by a number of publications, Court cases and research centres.  There should be an institute on the future of DNA evidence since many national commissions in western countries have made recommendations in the areas of post-conviction DNA testing, laboratory funding and crime scene DNA evidence collection technique. Working Groups for Eye-witness Evidence, Crime Scene Investigation, Bombing Scene Investigation and Digital Evidence.  Bureau of Justice Statistical and Justice Assistance may be created with sufficient funding and technical support in combating violent, organised crimes like drug abuses, large-scale international trafficking and prostitution. This will strengthen the national criminal justice system.  Bureau of Juvenile Justice and Delinquency Prevention in each state.  Proper mechanism and methodology for providing compenstion and rehabilitation of victims of crimes.  National Cyber Crime Training Programes so as to address the changing role of computers in internet era in commission of crimes. It will help to develop a nation-wide network to serve law enforcement agencies by providing them skilled connectivity on the internet.  Effective mechanism with the help of trained personnel and commandos and, also, with the help of F.S. tools and technologies for prevention of terrorism and detection and punishment to the terrotists. The State and local anti-terrorism training programmes should be regularly undertaken in view of recent developments and, also, future trends and research.  Scientific creation and preparation of resources Guide. All law enforcement collections and F.S. Technologies will help prevention of crimes and protection of victims.  Establishment of Office of Justice Programme to provide leadership in developing nations to prevent and control crime, administer justice and administer crime victims.  Creation of Office of Community-Oriented Policing Services to promote community policing and to add proper number of officers to the list.  Office of Justice Programme should be composed of, important experts and jurists, and following programmes, planning and for creation of separate, set-up, may be considered :  Burea of Justice Assistance. Bureau of Justice Statistics. Office for victims of crimes. Corrections Programme Office. Drugs Courts Programme Office. Office for State and local Domestice Preparendness Support. Office of the Police Corps and Law Enforceent Education. Office for violence against women. The programme leading to the Bachelors and Masters in F. S. degrees in various universities and reputed institutions will help to promote and develop general understanding of the multi-disciplinary nature of criminal justice and to expose the students to some in-depth examination and evaluation of topics related to careers in criminal justice realm. The students desirous of joining such a career in F. S. (F.S.) should be encouraged not only by law and enforcement agencies, but also, by the NGOs and other conected institutions. As they are encouraged to consult one of the F. S. faculty concerning the requirements for completion of individual designed measures in this multi-disciplinary field. In some developed countries, through the Department of Justice Science such programmes have been undertaken.  The curriculum should be systematically identified for the students of F. S. for the purpose of proper understanding, examination and survey of major components of F. S. such as death investigation, toxicology, osteology, document examination, psychiatry, oncology, law and criminalistic. It would not only open a treasure for introduction to F. S., but will also help to provide scientific fact-finding approach and application of educating and indicative reasonings. In many western countries, such programmes have greatly helped and mainly to three important organs and functionaries like Police, Judiciary, and Correctional components of criminal justice system. It will, also, help to create systematic legal culture. It will, also, help in improving corrections focussing on probation, prisons, parole and community-based programmes for adults as well as juveniles.  Programme for Advanced Studies and Legal Research in Criminal Justice Methods, Uniform Crime Reports and Demographic Studies and also for juvenile delinquency and juvenile justice system.  Some programme and studies for relationship between police and public places focus on problem areas, crime prevention programmes, communication, community participation and police discretion. Assistance regained to offender-population, re-entry crisis and problems of ex-offenders, rehabilitation of offenders and ameliorative and rehabilitation to the victims of crime in the realm of victimology, which is, hitherto, neglected.  Extensive training, interaction and refresher programmes are useful for three chief organs and components of criminal justice administration; i.e. police, Courts and corrections, which would help for organisation and management of three important functions in the realm of F. S. and criminology. The following important areas like criminology, anthropology, entomology, which would help aforesaid three main organs of the adminstration of justice and which would help, also, to provide educative and informative resources for professionals and lay-community in the area of F.S.

Author Name: Hon’ble Justice Jitendra n Bhat