Contents

I. List of Cases

II. Synopsis

III. Introduction
i. What is Forensic Science?
ii. Scope of Forensic Science
iii. Forensic Science in other Countries

IV. Role of Medical Evidence in India

V. Law relating to the Collection of Medical Evidence

i. Forensic Science and other Statutes
ii. Admissibility of DNA test and the Indian Legal System

VI. Police negligence and outdated cultural prejudice

i. Lack of Procedure
ii. Blotched Investigations
iii. Bhandara triple Rape-Murder Case

VII. Recommendations/ Conclusion

VIII. Bibliography
 List of Cases

Solanki Chimanbhai Ukabhai v. State of Gujarat, (AIR 1983 SC 484: 1983 Cr.
L. 822

Duraipandi Thevar v. State of Tamil Nadu, AIR 1973 SC 659: 1973 Cr. L.J.
602)

In Mayur v. State of Gujarat. AIR 1983 SC 5: 1982 Cr.L.J. 1972

Piara Singh v. State of Punjab, AIR 1977 SC 2274: 1977 Cr. L.J. 1941

Mohinder Singh v. State, AIR 1953 SC 415; 1953 Cr.L.J. 1761

Ram Narain v. State of Punjab. AIR 1975 SC 1727

State vs Rangaswamy, 2003, CriLJ 607

Bhandara Triple Rape and Murder Case

 Synopsis

Research Objectives:

In this research, the main objective is to analysis the role of medical evidence in
Criminal Justice System in India. The medical evidence is regarded as opinion
evidence plays an important and indispensable part of the evidence, particularly in
cases of offences committed against women. A special reference can be given to rape
cases and murder cases. Ultimately, the researcher is intending to give suggestions for
standardization of collection of evidence.

To ascertain the importance of forensic science in the field of law.

To ascertain the issues & concerns of admissibility of various kinds of
forensic evidence in the Legal Regime.
To suggest a need for standardization of collection and handing of
evidence in India.
To suggest a need for standardization of collection and handing of
evidence in India.

Hypothesis

There is a need for the standardization of Collection of Forensic Science used in

Indian Criminal Law.

Research Questions:

1. What is the Role of Medical Evidence in the Criminal Justice System in India?
2. Is there a need for standardization of collection of Evidence in India?
 Introduction

Medical knowledge is a specialized form of knowledge. A layman is not in a position

to have medical knowledge without proper education and training. The knowledge of
the medical expert is always essential in the criminal justice system. The expert
evidence given by a medical person comes to the help of the Court in deciding various
matters. Particularly, in case of death of a person, medical evidence is inevitable.
Medical science gives clue as to how the death of the person, how the injury, was
caused, while the law prosecutes a person for killing and injuring other.

However in cases like the 2008 Noida double murder, Sheena Bora murder, Haren
Pandey murder and Shehla Masood case shed light upon the gaping hole in the
collection and handling of Medical Evidence in India. Because of a lack of
standardisation of a procedure of evidence collection and handling, these cases have
not been solved and justice has not been given. So this paper will deal with the Indian
scenario of collection of evidence and the cause of blotched medical practices in
India.

What is Forensic Science?

Forensic science is defined as the application of science in answering questions that

are of legal interest. More specifically, forensic scientists employ techniques and tools
to interpret crime scene evidence, and use that information in investigations. 1 This
connection of science and law provides new ways and methods for discovering the
reality. The word forensic is derived from the Latin word forensis which means
forum, a public place where, in Roman times, senators and others debated and held
judicial proceedings.2

Scope of Forensic Science

Forensic science now deals with quite an array of topics such as modern
computer/clay facial reconstruction, DNA fingerprinting, Autopsy techniques,
Forensic anthropology and Toxicology etc. Forensic Science is crucial because when

1 Vepa P Sarathi, Law of Evidence (6th ed. 2006)

2
Dr. Avatar Singh, Principle of the Law of Evidence (18th ed. 2010).
it comes to cases of life and death, objective evidence is crucial. While key evidence
in criminal cases may have come from witnesses or other subjective means in the
past, forensic science allows for objective evidence. 3 That means that forensic
evidence, based as it is on the scientific method, is seen as more reliable than even
eyewitness testimony. In a judicial system which maintains that the accused is
innocent until proven guilty, evidence gathered by forensic scientists is now regularly
used by both the defense and the prosecution in many court cases.

Role of Medical Evidence in India

The medical evidence adduced by prosecution has great corroborative value. It proves
that the injuries could have been caused in the manner alleged and the death could
have been caused by the injuries so that the prosecution case being consistent with
matters verifiable by medical science, there is no reason why the eyewitnesses should
not be believed. The use, which the defence can make of medical evidence, is to
prove by it that the Injuries could not possibly have been caused in the manner alleged
or death could not possibly have been caused in the manner alleged by the
prosecution and if it can do so, it discredits the eyewitnesses. The judgement of one
case states, Ordinarily, the value of medical evidence is only corroborative. 4 It
proves that the injuries could have been caused in the manner alleged and nothing
more. The use, which the defence can make of the medical evidence, is to prove that
the injuries could not possibly have been caused in the manner alleged and thereby
discredit the eyewitnesses.5

A medical witness who performs a post-mortem examination of examination of the

injuries is also witness of fact though he also gives an opinion on certain aspects of
the case. The value of a medical witness is not merely a check upon the testimony of
eyewitnesses, is also independent testimony because it may establish certain facts
quite apart from the other oral evidence.

3
United States Bureau of Labor Statistics, International Student, Accessed March 15 th 2017.
4 R.V. Kelker, Lectures on Criminal Procedure (4 th ed. 2006)
5
Lordships of the Supreme Court in Solanki Chimanbhai Ukabhai v. State of Gujarat, (AIR 1983 SC
484: 1983 Cr. L. 822)
The medical evidence is usually opinion evidence.6 The medical opinion by itself,
however, does not prove or disprove the prosecution case, it is merely of advisory
character. Their Lordships of the Supreme Court observed: "Even where a doctor has
deposed in Court, his evidence has got to be appreciated like the evidence of any
other witness and there is no irrefutable presumption that a doctor is always a witness
of truth "7

In the case of Piara Singh V. State of Punjab 8 , there was a glaring inconsistency
between the direct evidence and the medical evidence in respect of the entire
prosecution case. In the instant case the prosecution evidence showed at three separate
blows were given to the deceased. The medical officer who informed the post-mortem
examination found only one wound and noted the nature and dimensions of the
wound. 9 He opined that the wound found by him could not be the result of two
simultaneous blows. It was found that in the ordinary course of human events and
experience also, it was extremely improbable, if not altogether impossible that three
blows simultaneously given by three different persons from different directions with
sharp edged weapons would land with such precision and exactitude so as to cause a
single wound of such a clear cut margins and such dimensions and other
characteristics as those of the external wound found by medical officer on the head of
the deceased. The Supreme Court held that the version of the prosecution witnesses
with regard to this vital fact was inherently improbable and intrinsically incredible.

In cases where the death is due to injuries or wounds caused by a lethal weapon, it is
always the duty of the prosecution to prove by expert evidence that it was likely or at
least possible for the injuries to have been caused with the weapon with which and in
the manner in which they have alleged to have been caused. The Supreme Court in
the case of Mohinder Singh10, held that it was only by the evidence of a duly qualified
expert that it could have been ascertained whether the injuries attributed to the
accused were caused by a gun or a rifle and such evidence alone could settle the

6
Duraipandi Thevar v. State of Tamil Nadu, AIR 1973 SC 659: 1973 Cr. L.J. 602)
7
In Mayur v. State of Gujarat. AIR 1983 SC 5: 1982 Cr.L.J. 1972
8 Piara Singh v. State of Punjab, AIR 1977 SC 2274: 1977 Cr. L.J. 1941
9
Forensic Sciences and Criminology by Wafi Aziz Safwi. Available at www.legalservicesindia.com.
10 Mohinder Singh v. State, AIR 1953 SC 415; 1953 Cr.L.J. 1761
controversy as to whether the could possibly have been caused by a fire arm used at
such a close range as was suggested in the evidence.

The injury report or the post-mortem report given by a doctor is not substantive
evidence and is inadmissible in evidence unless he is examined. If, however, the
doctor is dead or is not available for examination in Court, under the circumstances
mentioned in Section 32 of the Evidence Act, the injury report or the postmortem is
admissible and relevant. It may be proved by the another doctor or the compounder
available.11

Medical evidence is incredibly important if the evidence of the witness for the
prosecution is totally inconsistent with the medical evidence. This would lead to the
biggest defect in the prosecutions case and unless reasonably explained the medical
evidence supplied is enough to discredit the entire case.12

The medical opinion has great bearing and is of great assistance in the trial of criminal
cases. 13 It greatly helps the prosecution in establishing its case by soliciting
corroboration from it by showing that the injuries could have been caused by the
alleged weapon of offence by the accused persons in the manner alleged. The accused
persons with the assistance of medical evidence try to demolish the prosecution story
by showing that the injuries could not have been caused by the alleged weapon of
offence or the death could not have occured in the manner alleged by the prosecution.

The medical opinion is merely of advisory nature. It is based on the observations

made by the medical officer of the body of the injured and the corpse after the
occurrence has taken place. In certain ways, medical opinion can be said to be direct
evidence as by the colour of the injuries, the presence/absence of rigor mortis in the
corpse, the presence of the tattooing marks, state of nature of the food digested/semi
digested/or undigested noted by the medical officer immediately after the incident.
The time of the occurrence, is determined.

11
K.D Gaur, Criminal Law: Cases and Materials (6th ed.)
12
Ram Narain v. State of Punjab. AIR 1975 SC 1727: 1975 Cr.L.J. 1500: 1975 SCC (Cri) 571
13
Victims and Criminal Justice System in India: Need for a Paradigm Shift n the Justice System
Available atwww.doiserbia.nb.rs
Since witnesses are the eyes and ears of justice, the oral evidence has primacy over
the medical evidence. If the oral testimony of the witnesses is found reliable,
creditworthy and inspires confidence, the oral evidence has to be believed, it cannot
be rejected on hypothetical medical evidence.

The medical opinion pointing to alternative possibilities cannot be accepted as

conclusive. Unless the medical evidence completely rules out the prosecution story,
the oral evidence if otherwise reliable cannot be rejected.

The medical officer being an expert witness, his testimony has to be assigned great
importance. However, there is no irrebutable presumption that a medical officer is
always a witness of truth, his testimony has to be evaluated and appreciated like the
testimony of any other ordinary witness.

Law relating to the collection of Medical Evidence in India

As per Section 45 of Indian evidence Act 1872- When the Court has to form and
opinion upon a point of foreign law or of science or art, or as to identity of
handwriting or finger impressions, the opinions upon that point of persons specially
skilled in such foreign law, science or art, or in questions as to identity of handwriting
or finger impressions are relevant facts. Such persons are called experts.
Further as per Section 46 of the Indian Evidence Act 1872- it is stated that facts, not
otherwise relevant, are relevant if they support or are inconsistent with the opinions of
experts, when such opinions are relevant for the case.

Thus the ingredients of section 45 and section 46 are highlights that:

The court when necessary will place its faith on skills of persons who have technical
knowledge of the facts concerned. The court will rely the bona fide statement of proof
given by the expert concluded on the basis of scientific techniques. The evidence
considered irrelevant would be given relevance in eyes of law if they are consistent
with the opinion of experts. Hence, experts are routinely involved in the
administration of justice particularly in criminal courts.
Forensic Science and other Statutes

In India, law regarding evidence is uniform in both Civil and criminal cases 14, the
degree of proof required may be somewhat different in civil and criminal cases but
mode of giving evidence is govern by same legislation. In India, we have adversarial
system of justice administration and ordinarily medical evidence is admitted only
when the expert gives an oral evidence under oath in the courts of law except under
special circumstances like:
When evidence has already been admitted in a lower court;
Expert opinions expressed in a treatise
Evidence given in a previous judicial proceeding;
Expert cannot be called as witness;

Criminal Procedure Code and Indian Evidence Act 1872 are the parent procedural
laws which govern criminal trials in India, while Criminal procedure Code prescribes
the procedure from the point of taking cognizance of crime by appropriate judicial
Magistrates till the delivery of final order of Conviction.15

The field reality is that while the same Code of Criminal Procedure, (Indian)
Evidence Act and (Indian) Penal Code apply to all the citizens of India, forensic
services accorded to the different population segments by the various delivery units of
the Union, State and UT welfare governments, however, differ owing to gradients of
professional (training) development, procedures & processes, external exposure,
equipment etc. resources, enabling logistics and service conditions.16

14
Forensic Science in Criminal Investigation & Trials, B. R. Sharma, Fourth
Edition, Universal Law Publications.
15 172nd Law Commission of India Report, Review of Rape Laws (2005) available at
http://www.lawcommissionofindia.nic.in/rapelaws.htm
16
Saferstein, R. Forensic Science Handbook, Volumes I, II, III. Englewood Cliffs, N.J.: Prentice Hall,
1982/1988/1993.
Admissibility of DNA test and the Indian Legal System

The application of DNA testing has been used in India for a long period of time. The
admissibility of the DNA evidence before the court always depends on its accurate
and proper collection, preservation and documentation which can satisfy the court that
the evidence which has been put in front it is reliable. There is no specific legislation
which is present in Indian which can provide specific guidelines to the investigating
agencies and the court, and the procedure to be adopted in the cases involving DNA
as its evidence. Moreover, there is no such specific provision under Indian Evidence
Act, 1872 and Code of Criminal Procedure 1973 to manage science and technology
issues.17 Due to lack of having any such provision, an investigation officer has to face
much trouble in collecting evidences which involves modern mechanism to prove the
accused person guilty.

Section 53 of Code of Criminal Procedure 1973 authorizes a police officer to get the
assistance of a medical practitioner in good faith for the purpose of the investigation.
But, it doesnt enable a complainant to collect blood, semen etc for bringing the
criminal charges against the accused. 18 The amendment of CrPC by the CrPC
(Amendment) Act, 2005 has brought two new sections which authorizes the
investigating officer to collect DNA sample from the body of the accused and the
victim with the help of medical practitioner. These sections allow examination of
person accused of rape by medical practitioner and the medical examination of the
rape victim respectively. But the admissibility of these evidences has remained in a
state of doubt as the opinion of the Supreme Court and various High Courts in various
decisions remained conflicting. Judges do not deny the scientific accuracy and
conclusiveness of DNA testing, but in some cases they do not admit these evidences
on the ground of legal or Constitutional Prohibition and sometimes for the public
policy.19 There is an urgent need to re-examine these sections and laws as there is no

17 Dr. Nirpat Patel The Role in Criminal investigation Admissibility in Indian Legal System and future
perspective, International Journal of Humanities and Social Sciences, www.ijhssi.org
18
Forensic Science in Criminal Investigation, Dr. Jai Shanker Singh, Unique Law Publications
19
Forensic Science in Criminal Investigation & Trials, B. R. Sharma, Fourth Edition, Universal Law
Publications.
rule present in the Indian Evidence Act, 1872 and Code of Criminal Procedure, 1973
to manage science and technology issues.

Police negligence and outdated cultural prejudice

Indian police estimate only 4 out of 10 rapes are reported, largely because of the
deep-rooted conservatism of Indian society, in which many victims are scared to
come forward for fear of being "shamed" by their family and community.

Those brave enough to go to the police face numerous challenges in getting their
attacker put behind bars -- reporting the rape to hostile police, unsympathetic forensic
examinations, a lack of counselling, shoddy police investigations and weak
prosecutions in the courts. "One part of the problem is certainly attitudes. A lot of
government officials, especially police, allow negative and damaging stereotypes of
rape survivors being promiscuous to interfere with their duties," says Aruna Kashyap,
women's rights researcher for Human Rights Watch.

Lack of Procedure

New Delhi has Rape Crisis Intervention Centres, but outside the capital, India has no
formal system in place for the medical or psychological support of victims, say
lawyers. An over-burdened public health system -- where the average gynaecologist
has no training in conducting medical examinations and is often reluctant to do so for
fear of being embroiled in criminal cases -- mean victims get little sympathy.

A 2010 Human Rights Watch report called "Dignity on Trial" cited cases where
victims were made to go from one government hospital to another for medical
examinations, or subjected to many uncomfortable tests. Others have been forced to
sit for hours in bloodied clothes, even after an examination, without being allowed to
change or shower. Some are publicly identified as "rape victims" in hospital corridors.
There is often no medical care available such as treatment for injuries or infections, or
to address the possibility the victim has contracted HIV/AIDS or become pregnant. In
most cases, no trauma counselling is given. Lawyers defending victims also point out
that even forensic examinations can be problematic.

The "Two finger test" is an archaic practice, banned in many countries, which
involves a doctor inserting fingers into a victim's vagina to determine if she is
"habituated to sex" is widely used in India, despite an order by the Director General
of Health Services in 2011 to discontinue it.

Blotched Investigations

The collection, transport and storage of forensic evidence by police -- a key

component in rape cases is also often poorly conducted, resulting in weak
prosecutions, few convictions and lenient jail terms for convicted offenders. "Indian
investigative mechanisms are really, really shoddy and very basic investigations are
often botched up. A crime scene is very rarely protected, investigators don't know
how to collect simple evidence like samples, photographs, fingerprints - and these are
just the basics," says Rebecca Mammen John20, a Supreme Court lawyer who has
represented many rape victims.

One of the biggest obstacles to winning justice for rape victims is the length of the
trials, legal experts say. In an average case, it can take a court five to 10 years to reach
judgment. India has far too few courts, judges and prosecutors for its 1.2 billion21
people. It has one fifth of the number of judges per capita that the United States has,
and there is a backlog of millions of cases.22 This means that cases are often dropped,
and the accused acquitted, long before all the evidence is heard and a judgment given.
Lawyers say victims and their witnesses are sometimes intimidated during lengthy
trials by the accused who are, in some cases, granted bail by the court, although rape
is a non-bailable offence.

20
Maulaw Sayyid Am, Woodroffe, Law of Evidence
21
Nita Bhalla, How Indias Police and Judiciary fail rape victims, Jan 16, 2013.
22
http://www.news18.com/videos/india/sp-bhandara-592277.html
Standardization of Evidence Collection in Rape cases

Although a minimum of seven years imprisonment is prescribed for rape, it is

commonplace to find punishments of 2 years or less23. The obstacles in the way of
justice are not only the narrow definition of rape, which makes rape very difficult to
prove but a whole range of factors from perspectives which refuse to give women
autonomy over their body to denial of several essential services which can go towards
boosting her morale and making out a clear case. A very important part of these are
the services from the health system. The opinion of a medical expert is of crucial
importance in deciding a case of sexual assault 24. Unfortunately, as the Karnataka
High Court has observed, medical evidence in almost every case of sexual assault on
women is tampered with (State vs Rangaswamy, 2003, CriLJ 607).25

Role of health care providers in sexual violence- Adequate management of sexual

assault and securing justice is a complex process necessitating a good coordination
between the medical establishment, law enforcement and prosecution. Unfortunately
in India we see problems in each of these systems, as well as lack of effective
coordination between the three systems26.

The role of health care providers in management of Sexual Assault Cases is still an
inadequately dealt with problem in India. The medical professional in India today is
totally at a disadvantage in giving effective care and medico-legal services to cases of
sexual assault, even when we leave aside charges of tampering with evidence27. One
of the primary problem is the unwarranted bias against the victims themselves again
arising out of long held, prejudiced beliefs of gender roles, various myths and no
contact with facts about prevalence of violence in society.

Inadequacy of training and motivation: Inadequacy of training and motivation is an

important cause of lack of care and ineffective documentation of evidence in India as

23
http://www.cehat.org/go/uploads/SafeKit/iwhmpaper.pdf
24 The Offence Of Rape and Certain Medico-legal Aspects, A Study by P.M. Bakshi, National
Commission for Women, New Delhi, 1994
25 M. J. Anthony, Annual digest of human rights judgements, 2003, Indian Social Institute, New Delhi
26 Agnes, Flavia, Gender Review of Medical Textbooks
27 Modis Medical Jurisprudence & Toxicology, 21st Edition, 1988, pg. 510
well as other developing countries.

Problems in the current system of handling cases of sexual assault: Coupled with
good quality training it is also necessary to have uniform protocols and guidelines
regarding care and examination of such cases28.

We also find gross insensitivity towards survivors, such as multiple referrals, where
the survivor needs to tell her story to multiple care providers29. Sometimes more than
one doctor is involved in the examination but only one of them completes the
Opinion based on examination section and testifies in the court.

Bhandara Triple Rape-Murder Case

The bodies of the three girls, all siblings, were found in a village well on February 16.
An initial post-mortem suggested they had been raped and sodomised before being
thrown into the water hole. However, this newspaper has learnt that the autopsies
were performed by a panel of doctors who were not forensic experts, and that they
had not preserved any samples for diatom test (to conclusively establish whether or
not the victims were alive when they were tossed into the well).30

Crucial clues like fingernail clippings and hair samples (routinely collected in any
sexual assault or rape case) of the deceased were not compiled by the doctors who
conducted the post-mortem.31 The nail clippings may have held DNA samples of the
accused. Interestingly, neither the police nor the civil surgeon saw it fit to send the
autopsy reports to the department of forensic medicine, Government Medical College.
They also did not rope in forensic experts for advice before and during the autopsy.

Dr RB Chande, civil surgeon, Bhandara Rural Hospital, admitted to MiD DAY that
no forensic expert was part of the team of doctors who conducted the autopsy. A
panel of five doctors including Dr Bhavesh Gulhane (D Ortho), Dr CS Khobragade

28
Arrows for change, December 1995, Violence Against Women: A Silent Pandemic, Womens and
Gender Perspectives in Health Policies and Programmes, ISSN 1394-4444.
29 Berit Schei, 2003, Rigshospitalet, Copenhagen, Denmark
30
Vinod Kumar Menon, Will the truth be buried under botched forensic investigation?
31
Malika, Bhandra Murder Case, Police find three new suspects
(DGO-gynaecologist), Dr Aparna Rangari (MBBS), Dr Pradeep Anand (ENT) and Dr
Praveen Padole (physician) performed the post-mortem that started at 1 pm on
February 17 and lasted till 6 pm, as directed by the police. Dr Gulhane was on post-
mortem duty that day and, as per the wishes of the cops, the other doctors were roped
in. The entire autopsy process was captured on video, as advised by the police, he
said.

The medical officers who conducted the autopsy did not visit the scene of crime
before or after the post-mortem. Also, no scientist from the Forensic Science
Laboratory, Nagpur came to the spot for investigation. The victims clothes were
completely drenched and it is unclear whether the police have taken any
precautions to preserve the same for DNA.

Conclusion

Forensic expert provides an important source of information for criminal proceedings

(whether international or domestic). They expertise from mass graves is no exception:
findings from exhumations and examinations have featured in the ad hoc tribunals
trials and judgments. The fact is that only a very few professionals are equipped with
the knowledge necessary to fully apply the potential of science in civil, criminal, and
family legal matters.

There is a unanimity that medical and forensic evidence plays a crucial role in helping
the courts of law to arrive at logical conclusions. Therefore, the expert medical
professionals should be encouraged to undertake medico legal work and
simultaneously the atmosphere in courts should be congenial to the medical witness.
This attains utmost importance looking at the outcome of the case, since if good
experts avoid court attendance, less objective professional will fill the gap, ultimately
affecting the justice. The need to involve more and more professionals in expert
testimony has been felt by different organizations. Though many plans have been
brought before the ministry of Home Affairs which includes formation of Forensic
Council where not only the Evidence Act but the Information Technology Act and
The Code of Criminal Procedure will become complementary to the Science

Forensic science refers to the application of scientific methods, procedures, and

techniques directed to the recognition, identification, individualization, and
evaluation of physical evidence by the application of the natural sciences to law-
science matters (DeForest, Petraco, and Koblinsky). It has diverse sub-fields such as
physics, chemistry, geology, biology, medicine, psychology and so on. However, a
broad position has also been adopted by few who argue, Regardless of the area of
sub specialization, forensic science involves the application of scientific principles
and methods to the evaluation of evidence. Since it involves the scientific analysis
of evidence, forensic science plays a vital role in the justice system of various nations
of the world.

The law recognizes the importance of forensic evidence in prosecuting criminal cases.
When scientific methods are rigorously used, without bias or prejudice, they can
provide cogent evidence in uncovering and proving crime. Besides DNA testing,
which continues to receive broad support in the courts, a host of older more mundane
techniques are routinely used in criminal trials across the world. Perhaps the oldest
forensic technique involves finger and palm print identification, which traces to the
Chinese as early as 650 A.D.

Forensic evidence is frequently used to both convict and acquit defendants.32 Because
of this, there has been a significant growth in the number of crime laboratories in the
world during the past several decades. In US, Canada, UK & Australia special acts
have been enacted to improve the forensic status so that the crime can be detected
with certainty & as a result, conviction rate can go up. They emphasize more on
timely and quality crime scene management. The first33 official crime laboratory in
India was established in 1878. Now approximately there are over 35 crime
laboratories in the nation restricted for particular nature of evidences. The increase in
the number of crime laboratories has been fueled by the ever-evolving and growing

32Berit Schei, 2003, Rigshospitalet, Copenhagen, Denmark

33
Fradella H.F., Owen S.S. and Burke T.W. (2007). Building Bridges between Criminal Justice and the
Forensic Sciences to Create Forensic Studies Programs. Journal of Criminal Justice Education (Vol. 18,
No. 2, July)
field of forensic science and by the essential role forensic evidence plays in numerous
criminal cases 34 This rapidly evolving field increases pressure on law enforcement
agencies to collect evidence properly. In high profile cases, the news media highlights
the importance of forensic science evidence but also focuses on mistakes in locating,
identifying, securing, handling, and presenting forensic evidence.

Professor Margot argues: Forensic science has to be part of investigative services of

law enforcement. The scientist must have full control of the scene and have access
to knowledge about the case to be selective about potential findings.

Expert witness testimony provides an important source of information for

international criminal proceedings, and forensic science expertise from mass graves is
no exception: findings from exhumations and examinations have featured in the ad
hoc tribunals trials and judgments. Whilst the issues surrounding the law-science
relationship have been explored within the realm of national legal systems, the mixed
system adopted by the Courts presents an established discussion with a new context.
There is a concern that an officer with additional forensic science training might
become overconfident and inadvertently (or intentionally) taint evidence, rendering it
inadmissible. On the other hand, since a considerable amount of crime scene evidence
is currently rendered inadmissible due to a lack of proper collection (if it is not
trampled underfoot and left uncollected entirely), proper training is more likely to
make the situation better rather than worse providing it is performed by competent
forensic science instructors.

This science has an explanatory power which results in convicting the guilty or
exculpating the innocent in a great number of cases.

Suggestions

Forensic science has grown in its complexity and importance over the past several
decades. This has led to greater demands being placed on law enforcement. In several
cases, law enforcement has been questioned and criticized in the identifying, securing,

34
Berg and Horgan 1998; Garland and Stuckey 2000; Steadman 2000.
and handling of critical forensic evidence. There is a clear need for law enforcement
personnel to be more knowledgeable about forensic science criminal evidence.

College and universities provide the skills, knowledge, and problem-solving abilities
necessary for complicated, changing tasks to be carried out). Therefore, colleges and
universities are important in helping the field of forensic science to grow. Criminal
justice and criminology programs have responded by creating offerings ranging from
a single course to a multitude of forensic science courses covering such sciences. The
main goal of these courses should be to broaden the knowledge of students rather to
make them experts. Students need to be aware that a handful of forensic science
courses will not aid them in finding employment with crime laboratories. Instead,
these courses shall aid them in pursuing a law enforcement career

So to conclude there has to be procedure of strict enforcement of rules when taking

into account the collection of evidence, this must first be formulated in order to be
enforced. There after people must be educated on the process of collection. Only
when this is done can there be a thorough prosecution
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(2001)

Saferstein, R. Forensic Science Handbook, Volumes I, II, III. Englewood

Cliffs, N.J.: Prentice Hall, 1982/1988/1993

M. J. Anthony, Annual digest of human rights judgements, 2003, Indian

Social Institute, New Delhi

Agnes, Flavia, Gender Review of Medical Textbooks

Modis Medical Jurisprudence & Toxicology, 21st Edition, 1988, pg. 510

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www.legalservicesindia.com.

History and development of forensic science in India by RK Tewari,KV

Ravikumar Bureau of Police Research & Development, Ministry of Home
Affairs Government of India, New Delhi, India.

Websites

Forensic Evidence: The Legal Scenario

 http://www.legalserviceindia.com/article/l153-Forensic-Evidence.html

172nd Law Commission of India Report, Review of Rape Laws (2005),

available at http://www.lawcommissionofindia.nic.in/rapelaws.htm.

K.D.Gaur, Criminal Law: Cases and Materials (6th ed.).

Vinod Kumar Menon, Will the truth be buried under botched forensic investigation?