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PREFACE
LL.B. Study Notes
313F Forensic Science, Law and Crime Detection Methods

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This is PREFACE. Menu ---> CONTENTS | Module-1 | Module-2 | Module-3 |

➔ Refer : Bare acts are a good source, in any subject of law :


✔ MHRD Pathshala - http://epgp.inflibnet.ac.in/ahl.php –--> Social Sciences –->
Forensic Science ---> Paper ---> Module
✔ http://www.isca.in/FORENSIC_SCI/Archive/v4/i6/1.ISCA-RJFS-2016-006.pdf

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CONTENTS
313F Forensic Science, Law and Crime Detection Methods

TOPIC Page

Module-1 History, Scope, Need and application of Forensic Science in 3


Crime Detection

Module-2 Forensic Psychology Techniques, Crime 38


Detection/Investigation and Law

Module-3 Recent Forensic Science Techniques for Crime Detection and 59


Future Challenges

Objectives of the course :


➔ The main object of including this course is to make the law students familiarize about
the Forensic Science Technologies as well as role and functions Forensic Science
Laboratories and how they are useful in detecting the crime and criminals.
➔ In the era of computer technology and internet, we can effectively solve the complicated
cases of cyber crimes, forgery, rape, fire-arm used in the crime, identification of trace
elements, identifying paternity of child or about various toxic materials.
➔ In the incidents of bomb-blast or terrorist attack, forensic science helps us to reach to
the root of crime and catching the criminals.
➔ It is also possible to find out truth by application of various Forensic Psychology
Techniques like lie detection test, brain mapping or narco test.
➔ While understanding various methods of Forensic Science in detection of crimes, law
students are expected to understand the constitutionality of all the methods as well as
the evidential value thereof.

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Module-1 :
1) History, Scope, Need and application of Forensic Science in Crime Detection :
1.1) History and scope of Forensic Science
1.2) Need of Forensic Science in understanding modus operandi of criminals as
well as Crime Investigation and Detection
1.3) Basic Principle of Criminal Jurisprudence relied in Forensic Science : ”Man
may lie, but circumstances cannot.”
1.4) Evidence collected through Forensic Science Techniques and Report of
Forensic Expert : Evidential value thereof
1.5) Various general techniques of Forensic Science used in detection of
crimes :
1.5.1) Blood-Alcohol Analysis
1.5.2) Toxicology Reports
1.5.3) Ballistic Expert Report regarding use of fire-arm or residues of
firearm parts at the scene of offence
1.5.4) Analysis of Body Fluids: Blood, Serum, saliva etc.
1.5.5) Reports of Handwriting Experts (in crimes of forgery) & Finger-print
Experts and identification of Handwriting in questioned documents
1.5.6) Identification of Narcotic and Psychotropic Substances like Opium,
Brown Sugar, Heroin etc.
1.5.7) Crime detection/investigation through Track marks: Foot Prints,
Naked Footprints etc.

This is Module-1. Menu ---> CONTENTS | Module-1 | Module-2 | Module-3 |

MODULE-1 QUESTIONS :

➔ What is forensic science? Discuss about its origin, scope and contribution in
detection of crime. (Mar-2015)
✔ Define and explain the term “Forensic Science”. Discuss its importance in detection
of crimes. (Apr-2017)
✔ Discuss : Need of Forensic Science in understanding modus operandi of criminals
as well as Crime Investigation and Detection
✔ “Man may lie, but circumstances can not” Discuss this statement in the light of
significance of evidence gathered through forensic science techniques. (Mar-2015)
 Write a note on evidence collected through Forensic Science Techniques.
(Mar-2014, Apr-2016)

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 Discuss : Evidential value of reports of Forensic Experts.


● Write a note : Importance of physical evidence (Mar-2014)
✔ Fully discuss about history and scope of Forensic Science. (Mar-2014)
✔ Explain the history, scope and importance of forensic science in detection of crime.
(Apr-2016)
➔ Explain with illustration “Blood alcohol analysis reports” of the experts prepared by
forensic science techniques and importance thereof in crime detection. (Mar-2015)
✔ Explain the following Forensic Science technique of “Blood alcohol analysis” and its
importance in detection of crime. (Apr-2017)
➔ Explain with illustration “Toxicology reports” of the experts prepared by forensic
science techniques and importance thereof in crime detection. (Mar-2015)
➔ Explain with illustration “Ballistic expert reports” of the experts prepared by forensic
science techniques and importance thereof in crime detection. (Mar-2015)
➔ Explain with illustration the importance of analysis of body fluids like blood, serum,
and saliva in detecting the case of murder and rape. (Apr-2017)
➔ Discuss about the evidential value of evidences gathered by the handwriting experts
and finger-print experts before the court. (Apr-2017)
✔ Explain with illustration “Handwriting expert reports” of the experts prepared by
forensic science techniques and importance thereof in crime detection. (Mar-2015)
➔ Explain the following Forensic Science technique of “Identification of narcotic and
psychotropic substances like opium, heroin, etc” and its importance in detection of
crime. (Apr-2017)
➔ Discuss : Crime detection/investigation through Track marks: Foot Prints, Naked
Footprints etc.

This is Module-1. Menu ---> CONTENTS | Module-1 | Module-2 | Module-3 |

MODULE-1 ANSWERS :

➔ What is forensic science? Discuss about its origin, scope and contribution in
detection of crime. (Mar-2015)
✔ Define and explain the term “Forensic Science”. Discuss its importance in detection
of crimes. (Apr-2017)
✔ Discuss : Need of Forensic Science in understanding modus operandi of criminals
as well as Crime Investigation and Detection
✔ “Man may lie, but circumstances can not” Discuss this statement in the light of
significance of evidence gathered through forensic science techniques. (Mar-2015)

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 Write a note on evidence collected through Forensic Science Techniques.


(Mar-2014, Apr-2016)
 Discuss : Evidential value of reports of Forensic Experts.
● Write a note : Importance of physical evidence (Mar-2014)
✔ Fully discuss about history and scope of Forensic Science. (Mar-2014)
✔ Explain the history, scope and importance of forensic science in detection of crime.
(Apr-2016)
ANSWER :
✔ Refer :
 http://www.isca.in/FORENSIC_SCI/Archive/v4/i6/1.ISCA-RJFS-2016-006.pdf
 http://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/forensic_science/gener
al_forensic/01._introduction_to_forensic_science/et/4761_et_01et.pdf
 https://www.humbleisd.net/site/handlers/filedownload.ashx?
moduleinstanceid=123159&dataid=269191&FileName=Ch%201%20Notes%20_
%20teacher%20key.pdf
 https://www.slideshare.net/HarshitaVed/cyber-law-forensics-63182150
✔ Outline :
 What is “Forensic Science”? : Origin of the term “Forensic”
 History of Forensic Science
 Importance/ need of Forensic Science : Role of Forensic Scientists
● Skills Needed for a forensic expert
● Role of forensic expert
 Principles of Forensic Science
● Law of individuality
● Principle of exchange
● Principle of recovery
● Law of progressive change
● Principle of comparison
● Principle of analysis
● Law of probability
● Principle of Presentation
 Evidence collected through Forensic Science Techniques
● Meaning of Forensic Evidence
● Common Types of Evidence

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 A. Fragile or Transient Evidence


 B. Solid or Tangible Evidence
● Brief details of frequently used forensic evidences
 Nature and Scope of Forensic Science : Contribution of Forensic Science in crime
detection
 Legality and Constitutional validity of Forensic Science techniques
 Units of a “full-service” forensic laboratory
● 1. Evidence-Collection Unit
● 2. Criminalistics : Physical Science Unit
● 3. Forensic Anthropology.
● 4. Forensic Odontology.
● 5. Forensic Biology and Serology.
● 6. Forensic Medicine (legal medicine; medical jurisprudence).
● 7. Forensic Toxicology.
● 8. DNA analysis.
● 9. Forensic Psychology.
● 10. Fingerprint examination.
● 11. Voiceprint Analysis Unit.
● 12. Firearm and Tool mark examination (Ballistics).
● 13. Questioned Documents examination.
✔ What is “Forensic Science”? : Origin of the term “Forensic” :
 First the caveat :
● “Science is not an encyclopaedic body of knowledge about the universe.
● Instead, it represents a process for proposing and refining theoretical
explanations about the world
 that are subject to further testing and refinement” .
 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. It is defined as the application of science in
answering questions that are of legal interest.
 Phrase “forensic science” is the combination of two different Latin words: forensis
and science.
● The word ‘forensic’ owes its origin to Latin word forēnsics which means "of
or before the forum" signifies belonging to court of justice or is any aspect of
science, which relates it to the law.

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 The term originated from Roman times; when a criminal charge meant
presenting the case before a group of public individuals in the Forum. Both the
person accused of the crime and the victim would give speeches based on their
sides of the story. The individual with the best argument and delivery would
determine the outcome of the case.
 This origin is the source of the two modern usages of the word forensic – as a
form of legal evidence and as a category of public presentation.
● The second term is ‘science’, which is derived from the Greek for knowledge and
is today closely tied to the scientific method, a systematic way of acquiring
knowledge.
 Forensic evidence is a discipline that functions within the parameters of the legal
system. It provides guidance to those conducting civil/ criminal investigation and to
supply to courts accurate information upon which they can rely in resolving
disputes.
● Forensic Science links (or de-links) a Person/Suspect to a Crime Scene (or a
victim) through (i) objects left by him at the scene and with the victim or (ii)
carried from the scene and the victim.
 ie Forensic Science helps investigators prove guilt (or innocence) of a person.
 Forensic science has emerged as a significant constituent in an effort to control
crime while maintaining a high quality of justice.
 The law enforcement officials have started becoming dependent on the laboratory
results.
 In order to realize the concept of ‘society’, a ‘law’ was needed to be reinforced by
developing and applying the knowledge and technology of a science. Forensic
Science gradually developed and fulfilled the requirement.
✔ History of Forensic Science :
 The roots of Forensic Science can be traced back to ancient Greek and Roman
civilizations which brought great advances in the field of various disciplines of
science including the science associated with criminal investigation.
 Poisoning being one of the earliest methods of killing a human being, widespread
knowledge was gathered regarding its production and use.
 Symptoms caused by various poisons were identified making it possible to detect
their use in previously undetected murders.
 The first recorded autopsy was also conducted by a Roman physician Antistius in 44
B.C on the body of a slain king Julius Caesar to reach the conclusion that though
the king was stabbed 23 times, only one wound through his chest caused his
death.
 13th Century China : The first case ever recorded using forensic science. When
someone was stabbed, all of the knives in the village were collected. Flies were

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attracted to the traces of blood and landed on only one of the knives, causing the
suspect to confess.
 In the beginning of the seventeenth century, advancements in sciences and
awakening of the social conscience resulted in revitalized interest in the field of
forensic science. This inquisitiveness necessitated new means to identify evidences
for the purpose of solving crimes.
 Further, in the eighteenth and nineteenth centuries, a large number of incidents of
collection and scientific analysis of evidences in order to solve crimes and convict
the culprits were recorded. Evidentiary techniques included identifying foot prints,
matching a piece of crumbled newspaper used for wadding in a pistol to a torn
piece of paper in a suspect's pocket, matching clothing fibers and grains etc.
collected from a crime scene to those found on a suspect of a murder.
 In the 19th century, it was observed that contact between someone's hands and a
surface left barely visible marks called fingerprints. Fine Powder Dusting technique
was used to make the marks more visible.
 Surprisingly, while the use of scientific methods and techniques in criminal
investigations in some manner or another has been around since before the Roman
Empire, the idea of forensic science as a discipline and a career is hardly 100 years
old.
● It has only been within the last century that law enforcement agencies and the
court systems have come to rely so heavily on the use of scientific practices in
crime scene investigations.
 Throughout history, there exist examples of analysis of various pieces of evidence
leading to convictions or acquittals that seem to fall in line with what we know and
recognize as Forensics.
 Popular fictional character Sherlock Homes coined by Sir Arthur Covan Doyle was,
perhaps; the first person who introduced scientific crime detection methods to its
readers. Doyle described methods of detection much before they were discovered
and implemented by the scientists in real life.
● He used principles of serology, fingerprinting, firearm identification, and
questioned document examination in his fiction.
✔ Importance/ need of Forensic Science : Role of Forensic Scientists :
 Forensic Science plays a very significant role in the detection of any crime; it acts
as an aid/tool to the investigation process.
 It is a science through which all physical evidences are collected and tested by
forensic experts.
 Often it has been viewed as a last resort in many of the cases and the reports of
forensic reports plays a very important role not only in terms of criminal justice
system but also in terms of civil lis and other matters.

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 Forensic scientists collect, preserve, and analyze scientific evidence during the
course of an investigation.
● It is required that, physical evidences should be collected from the scene of
crime in a proper manner, so that experts should be able to conduct the tests of
physical relevant evidences in the laboratories with proper reports.
 While some forensic scientists travel to the scene of the crime to collect the
evidence themselves, others occupy a laboratory role, performing analysis on
objects brought to them by other individuals.
 In addition to their laboratory role, forensic scientists testify as expert witnesses in
both criminal and civil cases and can work for either the prosecution or the
defense.
 Skills Needed for a forensic expert :
● i. Good observation skills – use the 5 senses
● ii. Analytical skills – ability to identify the problem, organize info, draw
conclusions
● iii. Deductive reasoning – using logical steps to draw a conclusion based on facts
or evidence
 Role of forensic expert : Typically, a forensic scientist may perform one/ many of
following roles :
● <for details refer to http://epgp.inflibnet.ac.in/ahl.php?csrno=16 and
http://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/forensic_science/gen
eral_forensic/01._introduction_to_forensic_science/et/4761_et_01et.pdf>
● Information on the Corpus Delicti (literally, the "body of the crime")
● Information on the Modus Operandi
● Documentation of crime scene.
● Search, collection marking, packaging, analysis and documentation of evidences.
● Linking a Person/Suspect to a Crime Scene
● Linking a Suspect with a Victim
● Identification of a Suspect
● Supporting or Disproving a Witness's Testimony
● Providing Investigative Leads
● Eliminating a Suspect
● Give expert testimony.
✔ Law of Evidence and Expert opinion :
 All the forensic reports or opinion of experts or opinion of third party when
relevant, are admissible under Section 45 of the Evidence Act, 1872 :

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 Sec-45 IEA 1872 : Opinions of experts :


● When the Court has to form an 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.
 Section 45 to Section 51 of the IEA deals with the expert evidence.
 Who is an Expert :
● An expert is a person who has special knowledge related to some specific field,
where he has devoted his time and has experience of the same.
● The Courts in India in plethora of cases, have described that an expert is
someone who has such special knowledge which need not be imparted by any
University.
● He is a person having skill or experience in any art, trade or profession, which
has been acquired by practice, observation or careful study and which is beyond
the range of common knowledge.
 As far as, criminal law is concerned :
● ballistic experts, forensic experts, scientists, chemical examiners, psychiatrists,
radiologists and even track-dogs
● are playing a very vital role in investigation of crimes and their evidence is
admissible in the court of law.
 In plethora of cases, the Courts have asked for expert opinions.
 Admission of expert evidence depends upon the following criteria :
● i. Relevance of the evidence;
● ii. Necessity of the evidence;
● iii. The absence of any exclusionary rule; and
● iv. A properly qualified expert.
 Note :
● In case of any conflict between eye-evidence and expert evidence,
 the court will have to go by the evidence which inspires more confidence .
● The discretion lies solely with the court to admit the forensic report of an expert .
 In Mahmood v. State of U.P., the court held that
● it is highly unsafe to convict a person on the sole testimony of an expert.
● Substantial corroboration is required.

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● Thereby, it is very evident that conviction cannot be granted only on the basis of
forensic report of an expert.
 In State of Maharashtra v. Damu Gopinath Shinde, the Supreme Court has held
that,
● without examining the expert as a witness in the court, no reliance can be placed
on expert evidence.
✔ Principles of Forensic Science :
 The laws and principles of all the natural sciences are the bases of forensic science.
In addition, it has developed its own principles which are as follows :
 Law of individuality
 Principle of exchange
 Principle of recovery
 Law of progressive change
 Principle of comparison
 Principle of analysis
 Law of probability
 Principle of Presentation
 Law of individuality :
● The law of individuality is of fundamental importance in forensic science.
Anything and everything involved in a crime, has an individuality.
 If the same is established, it connects the crime and the criminal .
● Every object, natural or man-made, has an individuality which is not duplicated
in any other object. This principle, at first sight appears to be contrary to
common beliefs and observations.
 eg the grains of sand or seeds of plants or twins look exactly alike. Likewise,
man-made objects: coins of the same denomination made in the same mint,
currency notes printed with the same printing blocks one after the other
(excluding serial number) appear to be indistinguishable.
● Yet the individuality is always there. It is due to small flaws in the materials, in
the arrangement of the crystals, imperfect stamping or due to inclusions of some
extraneous matter.
 Principle of exchange :
● No mention of the history of forensic science would be complete without
discussing the tremendous contributions made by Dr. Edmond Locard, a
French scientist and criminologist who had studied law and medicine.
 Locard proposed the notion that "everything contact leaves a trace," a principle
that prevails in crime scene investigation even today.

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 The Exchange Principle proposed by Locard espoused the idea that,


• everything and everyone that enters a crime scene leaves some piece of
evidence behind.
• likewise, everyone and everything takes some piece of the crime scene with
them when they leave.
● If the investigating officer is able to establish the points of contact, he is likely to
gather physical clues : eg If a criminal,
 enters the premises through a ventilator, he leaves his foot prints in dust on
the sill.
 Enters by breaking a window or a door, he leaves its marks on the wooden
frame.
 Principle of recovery :
● Nothing should be added, damaged or obliterated in the recovery process.
● Particular attention should be paid to avoiding contamination, a concern that
gains increasing importance with each advance in analytical sensitivity.
● Where there is risk of losing or damaging evidence, appropriate experts should
be called in.
● Exhibit items should be safely and securely packaged as soon as possible.
 Law of progressive change :
● This principle demands prompt action in all aspects of criminal investigation,
because everything changes with the passage of time. The rate of change varies
tremendously with different objects.
● A criminal undergoes rapid changes. If he is not apprehended in time, he
becomes unrecognizable except perhaps through his fingerprints, retina, bone
fractures or other characteristics of permanent nature which are not always
available.
● Likewise, the scene of occurrence also undergoes rapid changes. The weather,
the vegetable growth, and the living beings (especially human-beings) make
extensive changes in comparatively short periods. Longer the delay in examining
the scene, greater will be the changes.
● The objects involved in crime change gradually, the firearm barrels loosen,
metal objects rust, the shoes suffer additional wear and tear and the tools
acquire new surface patterns. In course of time the objects may loose all
practical identity vis-à-vis a particular crime.
 Principle of comparison :
● Only the like can be compared is the principle of comparison. It emphasizes the
necessity of providing like samples and specimens for comparison with the
questioned items. eg During the course of investigation,

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 IF a bullet is recovered from the deceased and experts opines that the bullet
has been fired from a firearm firing high velocity projectiles like a service rifle.
THEN, it is futile to send shotguns, pistols or revolvers as the possible suspect
firearm.
 IF a bunch of hair is recovered from the hands of a deceased and experts
opine that the hair belong to a Negroid person, THEN hair from persons of
white races for comparison will not be of any use.
 IF a questioned writing is found to have been writing with a ball pen, THEN to
send fountain pen as a likely instrument of writing is futile.
 Principle of analysis :
● Improper sampling and contamination render the best analysis useless. The
principle emphasizes the necessity of correct sampling and correct packing for
effective use of experts.
 Law of probability :
● All identifications, definite or indefinite, are made, consciously or unconsciously,
on the basis of probability.
● Probability is the mathematical concept. It determines the chances of occurrence
of a particular event in a particular way out of a number of ways in which the
event can take place or fail to take place with equal facility.
 Principle of Presentation :
● Working within an ethical framework, a forensic scientist should fully disclose
and present impartial evidence which is readily understandable and neither
overstated nor understated.
● Full disclosure of all facts, assumptions, data, conclusions and interpretations
should be made.
● Lab report: Complete & retained.
● Forensic expert should not be an advocate for either side of the case at hand; it
is, however, to be expected that a forensic scientist will be an advocate for his or
her opinion.
● However, the forensic scientist should be prepared to change an opinion
whenever background circumstances or assumptions change, or new information
becomes available.
✔ Evidence collected through Forensic Science Techniques :
 Meaning of Forensic Evidence :
● Evidence usable in a court, specially the one obtained by scientific methods such
as ballistics, blood test, and DNA test.
● Forensic evidence is,
 evidence obtained by scientific methods such as ballistics, blood test, and DNA

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test and used in court.


● Forensic evidence often helps to establish the guilt or innocence of possible
suspects.
● Analysis of forensic evidence is used in the investigation and prosecution of civil
as well as criminal proceedings.
● Forensic evidence can be used to link crimes that are thought to be related to
one another.
 For example, DNA evidence can link one offender to several different crimes or
crime scenes.
 This linking of crimes helps the police authorities to narrow the range of
possible suspects and to establish patterns of for crimes to identify and
prosecute suspects.
 Common Types of Evidence :
● A. Fragile or Transient Evidence
● B. Solid or Tangible Evidence
 A. Fragile or Transient Evidence :
● Hairs, fibers, glass, fractured objects
● Shoe and tire impressions
● Bare foot impressions (latent)
● Bare foot impressions (in blood)
● Fire accelerants (point of origin)
● Body fluids (blood, semen, saliva)
● Skin cells (items touched or worn)
● Latent fingerprints
● Gunshot residue and patterns
 B. Solid or Tangible Evidence :
● Tool marks (focus on point of entry)
● Firearms
● Other weapons (knives, clubs, etc.)
● Fired bullets
● Fired cartridge cases
● Unfired cartridges
● Drugs and paraphernalia
● Documents (checks, notes, receipts)
● Computers and devices

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 Brief details of frequently used forensic evidences :


● Fingerprints :
 Fingerprints are the an incriminating types of evidence used in criminal cases
because it’s one of the most reliable forms of identification.
 No two people have the same fingerprint, making it a truly fundamental tool
for accurate identification of criminals.
 Only when fingerprints can’t be traced back to a person with a criminal history
do they have less power in an investigation.
 However, if the suspects can be narrowed down, their fingerprints can be
tested to see which one matches.
● Blood :
 Blood is an incriminating type of evidence for various reasons.
 DNA can be extracted from blood to find a criminal and blood type can be
analyzed to help rule out suspects.
 Blood splatters can also help investigators piece together crime scenes and it
provides more evidence to test.
● Hair :
 Hair is another useful type of evidence that can bring police closer to a
criminal.
 A strand of hair collected from a crime scene can be submitted for DNA
testing. Forensic scientists may have a better chance at testing the DNA if the
hair follicle is still intact.
 In addition, the color of a hair strand can also be used to rule out suspects
whose hair does not match the recovered hair sample.
● Skin :
 Although difficult to see at a crime scene, skin can be analyzed and tested to
find a criminal.
 Like hair, skin samples can help determine the skin color of the person
involved in the crime and DNA can be extracted for a more accurate
identification of criminals.
 Skin can also be a harbinger of other evidence at the scene, which brings
police closer to finding the criminal and understanding the crime in greater
detail.
● Written Documents :
 One of the worst things you can do as a criminal if you want to evade the law
is write things down.
 Some criminals write in dairies, journals, letters and even e-mails to chronicle

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their plan of action or confess their guilt.


 Suspects may be in correspondence with others who can present these
documents to police, or investigators may find such documents when
searching a suspect’s home.
● Semen :
 Semen can be used in several ways to verify rape accusations, as well as
extract DNA to identify the criminal.
 Semen can also be analyzed and tested to determine if there was more than
one person involved in a sexual crime.
● Shoe Prints :
 Shoe prints are extremely useful in police investigations and they can be a
very incriminating type of evidence.
 Forensic expert can tell by a lot about a shoe print, such as the make, model
and size of a shoe, as well as the gender and approximate height/ weight of
the person.
 Shoe prints also indicate the activity of the wearer when the print was made
and, if the impressions are visible, police may be able to trace the criminal’s
moves and follow their prints to the next destination, such as a nearby home
or woods.
● Videotapes/Photographs :
 Videotapes and photographs are both compelling and incriminating types of
evidence.
 Whether the videos or photos capture the crime taking place or the people
present during or after the crime, it is valuable evidence that can be used to
rule out suspects and find the criminal.
● Ballistics :
 Ballistics is the study of firearms and ammunition.
 This technical form of evidence includes shell casings, gun powder, bullets,
gunshots and other firing characteristics of a weapon.
 Even the slightest remnants of a gunshot can be traced to a specific firearm,
where it’s sold and its owner, if registered.
✔ Nature and Scope of Forensic Science : Contribution of Forensic Science in
crime detection :
 Forensic science heavily draws upon the principles and methods of (i) natural
sciences, and (ii) formal sciences.
● (i) Natural science is a branch of science concerned with the description,
prediction, and understanding of natural phenomena, based on empirical
evidence from observation and experimentation. Mechanisms such as peer

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review and repeatability of findings are used to try to ensure the validity of
scientific advances. Branches of natural science are Biology, Chemistry, , Physics,
Earth science, etc.
● (ii) Formal sciences are formal language disciplines concerned with formal
systems, such as logic, mathematics, statistics, theoretical computer science,
theoretical linguistics, etc.

 But in last few centuries, it has also developed its own branches like fingerprints,
anthropometry, crime scene investigation, track marks, questioned document
examination and forensic ballistics.
● These are exclusive fields of Forensic Science.
 Recently significant advances have been made in the field of serology, voice
analysis, brain fingerprinting, criminal profiling and narco analysis test etc.
 The term forensic science is sometimes used as a synonym for criminalistics.
 Both terms cover a diverse range of activities.
 Forensic science, in a broader sense, includes forensic medicine, odontology;
anthropology; psychiatry; toxicology; questioned documents examination, and
firearm, tool mark, and fingerprint examinations, as well as criminalistics.
✔ Legality and Constitutional validity of Forensic Science techniques :
 <Read from Module-2>
✔ Units of a “full-service” forensic laboratory :
 While any field could technically be forensic, certain sections have developed over
time to encompass the majority of forensically related cases.
 Different forensic laboratories have a variety of services due to local laws, the
capabilities of the agency, and budget limitations.

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 A “full-service” crime laboratory would include the following units :


● 1. Evidence-Collection Unit
● 2. Criminalistics : Physical Science Unit
● 3. Forensic Anthropology.
● 4. Forensic Odontology.
● 5. Forensic Biology and Serology.
● 6. Forensic Medicine (legal medicine; medical jurisprudence).
● 7. Forensic Toxicology.
● 8. DNA analysis.
● 9. Forensic Psychology.
● 10. Fingerprint examination.
● 11. Voiceprint Analysis Unit.
● 12. Firearm and Tool mark examination (Ballistics).
● 13. Questioned Documents examination.
 1. Evidence-Collection Unit :
● Dispatches specially trained personnel to the crime scene to collect and preserve
physical evidence.
● Must follow specific procedures to maintain chain of custody.
 1. Chain of Custody refers to the document or paper trail showing the seizure,
custody, control, transfer, analysis, and disposition of physical and electronic
evidence.
 2. Chain-of-custody bears on the weight of the evidence, not its admissibility.
• Just because you don’t have a chain-of-custody process doesn’t mean that
the evidence is inadmissible.
• Admissibility is determined by the manner in which the evidence was
acquired. It must be legally obtained!
● Also responsible for recording and examining physical evidence.
● May use special photographic/ imaging techniques (digital imaging, infrared, UV,
X-ray).
 2. Criminalistics : Physical Science Unit :
● This branch of science is mainly concerned with the recognition, identification,
individualization, and evaluation of physical evidence using the methods and
techniques of the natural sciences in issues of legal significance.
● It includes examination of trace-evidence like glass, soil, hair, fibers, blood, and
physiological fluids like semen, saliva, urine etc. and the reconstruction of events

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based on physical evidence analysis.


● Different forensic scientists define the scope of the field differently. Some include
firearm and tool mark examination and questioned documents as a part of
criminalistics.
● Despite the implications of the name, criminalistics activities are not limited to
criminal matters. They are used in civil law cases and in regulatory matters also.
● People who are engaged in criminalistics as a profession are called criminalists .
● Criminalistics also includes arson accelerant and explosive residues, drug
identification and the interpretation of different patterns and imprints. It is the
broadest of the subdivisions of forensic science.
 3. Forensic Anthropology :
● This branch of science is related with personal identification based on bodily
(particularly skeletal) remains and its practitioners are known as physical
anthropologists, who are interested in handling the forensic problems.
● Alphonse Bertillon was a French police officer who applied the anthropological
technique of anthropometry to law enforcement creating an identification system
based on physical measurements.
● Other areas of forensic anthropology include establishing databases on
relationship between bodily structures as functions of sex, age, race, stature,
and so forth.
● Interpretation of footprint or shoe-print evidence might also be included to find
relationship with stature of the person.
 4. Forensic Odontology :
● Also known asforensic dentistry is the application of dentistry to solve human
identification problems from teeth.
● Forensic odontologists are dentists who specialize in the forensic aspects of their
field.
● They are concerned with the identification of persons based upon their dentition,
usually in cases of otherwise unrecognizable bodies or in mass disasters or
explosion cases.
● They also analyze and compare bite mark evidence in several types of cases.
 5. Forensic Biology and Serology :
● The Forensic Biology division help in the identification of all the biological
materials (including plants and animals),
 whereas as per the definition of serology it is the study of serum and allied
body fluids; forensic serology division receive the samples of blood and
physiological fluids which are examined for the purpose of identification and
individualization.

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● The type of material collected from crime scenes or from articles of physical
evidence is identified and compared with the specimen provided.
● In some of the laboratories the DNA unit works as a separate division.
 6. Forensic Medicine (legal medicine; medical jurisprudence) :
● It is the application of medicine and medical science to solve the legal problems.
● Practitioners of forensic medicine are doctors of medicine with specialty
certification in pathology and forensic pathology.
● Most of them are medical examiners. They are concerned with determining the
cause and circumstances in cases of questioned death.
● They have to deal with matters relating to insurance claims, and sometimes in
cases of medical malpractice also.
 7. Forensic Toxicology :
● This branch of science deals with the determination of toxic substances present
in human tissues and organs.
● Most of the work concerns the role of toxic agents (chemicals or plant or others)
that might have played a role in causing or contributing to the death of a person.
● They also perform qualitative and quantitative analysis of the poisonous products
present in the viscera.
 8. DNA analysis :
● Forensic DNA analysis was first used in 1984. It was developed by Sir Alec
Jefferys, who realized that variation in the genetic code could be used to identify
individuals and to tell individuals apart from one another.
● <Detailed discussion elsewhere in this doc>
 9. Forensic Psychology :
● A forensic psychologist may be called upon to differentiate between criminal
behavior and human behavior that may be caused by a psychological imbalance.
● It is the intersection between psychology and the justice system. It involves
understanding criminal law in the relevant jurisdictions in order to be able to
interact appropriately with judges, attorneys and other legal professionals.
● It is concerned with collecting, examining, and presenting evidence to help
facilitate a legal decision. Within the legal system, forensic psychology provides a
means for being able to enforce the law while taking human behavior into
consideration.
● This unit includes, polygraphy tests, brain finger-printing, narco analysis, etc.
 10. Fingerprint examination :
● It is mostly performed at Finger Print Bureau, which is mostly concerned with
the classification of fingerprints and the organization of sets of prints into usable

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files.
● Development of latent prints at crime scene and comparisons of known and
unknown fingerprints are a major part of the work besides storing and building
data base of criminal finger prints.
● Controversy : More than 100 years after the first crime was solved with a
fingerprint, no one completely has proved even the basic assumption: that
everyone’s fingerprint is unique (for details refer to
https://nypost.com/2009/03/07/csi-without-a-clue/)
 11. Voiceprint Analysis Unit :
● Attempts to tie a recorded voice to a particular suspect.
● Uses an instrument called a sound spectrograph to make a visual graphic display
called a voiceprint.
 12. Firearm and Tool mark examination (Ballistics) :
● In most of the laboratories in India the firearm and tool mark division is a part of
Physical section but in some others it varies according to convenience and
number cases referred to the lab.
● Tools in the form of comparison microscope and others required for firearm
identification, comparison of markings on bullets and other projectiles, cartridge
cases, and shell cases, especially for the purpose of determining if a bullet has
been fired from a particular weapon.
● Tool mark examinations are concerned with the association of particular
impressions with particular tools.
 13. Questioned Documents examination :
● This branch of Forensic science deals with the comparisons and interpretation of
handwriting, signatures, mechanically produced material (typed or printed), and
photocopied material.
● Analysis of papers, inks, and other materials used to produce documents may
also be analyzed.
 Note :
● Some of the forensic science activities can be classified under more than one of
the major subdivisions as above. eg
 Tool mark comparisons, for example, are sometimes considered as part of
criminalistics or physical section and sometimes as part of the separate
firearms and tool marks specialty.
 Similarly, hair comparison is usually considered a part of criminalistics, but it
could just as well be considered a part of Forensic Biology.
● Any classification scheme for all the different activities is, therefore, somewhat
arbitrary.

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● The range of human activity is so diverse that almost anything can be consider
physical evidence under one circumstance or another.
● In any civil, criminal, or regulatory matter, there can be physical evidence if
recognized, properly handled, and knowledgeably interpreted, can contribute
significantly to an understanding solving crime cases.
● No one person can be expert in all the sciences and their methods, and it is for
this reason that forensic science have develop subspecialties.
● Some forensic scientists are generalists. They have broad training and
experience in most of the basic areas of criminalistics, so can carry out a variety
of different physical-evidence examinations knowledgeably or more importantly,
refer specific aspects of a case to specialists.

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GO TO MODULE-1 QUESTIONS.
GO TO CONTENTS.

➔ Explain with illustration “Blood alcohol analysis reports” of the experts prepared by
forensic science techniques and importance thereof in crime detection. (Mar-2015)
✔ Explain the following Forensic Science technique of “Blood alcohol analysis” and its
importance in detection of crime. (Apr-2017)
ANSWER :
✔ Refer :
 http://medind.nic.in/jal/t09/i3/jalt09i3p291.pdf
✔ Intro :
 Throughout the recorded history, alcoholic beverages have been used in many
societies for many purposes - as psychoactive substances, intoxicants, liquids to
quench thirst, sources of calories, etc.
 Whatever the social and personal valuation of the alcoholic beverage use, positive
or negative or mixed; drinking alcoholic beverages carries with it some potential for
social and health harm, both to the drinker and to others. Some harms are
immediate, notably injuries and other harms associated with intoxication or an
elevated blood alcohol level. Others are more long-term, such as cumulative
damage to family or work life or social position, or chronic damage to health, etc.
 A large number of medico-legal issues also arise as a result of the use/abuse of
alcohol.
 Due to the various undesirable effects that alcohol produces on the human body;
every nation has laws that regulate its production, sale and consumption, as also
the maximum permissible Blood Alcohol Concentration (BAC), while driving a

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vehicle.
 A person may be said to be intoxicated if he not only shows the symptoms of
having consumed the intoxicant (alcohol), but his actions are also affected by such
intoxicant.
 Drinking of alcohol per se is not an offence in our country except in the state of
Gujarat where it is prohibited. However, driving, causing public nuisance or
endangering property or life, even one's own, after consuming alcohol, is an
offence.
 There is no single test which itself would be sufficient to decide that the amount of
alcohol consumed had caused the person to lose control of his faculties to such an
extent as to render him unable to execute safely the occupation in which he was
engaged at that material time.
 In India permissible upper limit of Blood Alcohol Concentration (BAC) is 30 mg % .
✔ The question of consent :
 Consent is essential for every medico-leqal examination.
 The consent to be taken in these cases is the written, informed one; wherein the
person is told the nature and purpose of the examination as also that the findings
of the examination so performed may go against him.
 Consent for conducting any relevant investigations including sample collection, is
also a part of the informed consent to be taken before the start of the examination.
 The term informed Consent is a legal principle in medical jurisprudence that
generally holds that a physician must disclose to a person sufficient information to
enable the him to make an "informed" decision about a proposed treatment or
procedure.
 Informed consent is a person's agreement to allow something to happen, made
with the full knowledge of the risks involved and the alternatives available.
 For a consent to be informed or legally valid, it must adequately address three
essential elements : information, competency and voluntariness.
● Each of these components must be met else any given consent will not be legally
valid or Informed.
 In the case of a person who has consumed alcohol, taking the consent has some
innate problems because of the fact that even if the accused had readily
consented for the said examination and the examination completed on basis of the
consent, after which the examining doctor opines that the accused "was under the
influence of alcohol", the said consent, taken prior to the examination, becomes
legally invalid.
● In these cases, the doctor should not divulge the results or the conclusions until
the individual has become sober and, gives a valid consent; unless there is an
explicit direction from the magistrate/ court to divulge the results immediately.

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 Sec-53(1) of CrPC : In those circumstances where,


 1. the accused has been arrested by the police for a criminal offence,
 2. the request for conducting the examination is from a police officer of the
rank of a sub-inspector or above and
 3. the doctor is of the belief, formed in good faith, that the examination of the
person of the accused will provide informationregarding the commission of the
crime for which the person is arrested (having consumed alcohol being a part
of the offence in this case),
● THEN the examining doctor can proceed with the examination without the
consent of the arrested person; and even use reasonable force for the successful
completion of the examination and collection of samples.
✔ Breath analyzer :
 The Motor Vehicles Act requires that the Blood Alcohol Concentration (BAC) be
calculated "in a test by Breath analyzer".
 For this purpose, most of the traffic police units are equipped with breathalyzers.
 Breath analyzer is a device for estimating blood alcohol content (BAC) from a
breath sample. It is an 'on the spot' test for measuring BAC.
 If the test is positive, the person can be taken in to custody and a detailed
examination, including blood and urine analysis can be carried out.
 Breath analyzer device can be of many types, but in its simplest form, a person is
asked to blow air in to a plastic bag containing a mixture of crystalline dichromate
and sulphuric acid.
 If the BAC is above a certain level, the colour of the crystals will turn green up to a
pre-determined distance.
 Breath analyzers do not directly measure blood alcohol content or concentration,
which requires analysis of a blood/ urin samples. Instead, they estimate the BAC
indirectly by measuring the alcohol in one's breath.
✔ Precautions required before breath analysis :
 One of the most common causes of falsely high breathalyzer readings ts the
existence of mouth alcohol.
 In analyzing a subject's breath sample, the breath analyzer’s internal computer is
making the assumption that the alcohol in the breath sample came from alveolar
air (ie air exhaled from deep within the lungs).
● However, alcohol may have come from the mouth, throat or stomach for a
number of reasons.
● To help guard against mouth-alcohol contamination, certified breath test
operators are trained to carefully observe a test subject for at least 15-20
minutes before administering the test.

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✔ Interpretation of Breath Analyser :


 There is no BAC calculator that is 100% accurate, because of the number of factors
that come in to play regarding the consumption, absorption and reduction (burn off
rates) of different people.
 These factors include sex of the drinker, rates of metabolism, health issues,
medications, drinking frequencies, amount of food in stomach, when eaten, etc,
 Mints or mouth washes, also affect the breath alcohol readings.
 Studies have shown that for every 1° change in temperature, the estimated BAC
increases by 6.5%.
 Breathing pattern can also significantly affect breath test results.
● One study found that the BAC readings of subjects decreased 11 to 14% after
running up one flight of stairs and 22-25% after twice that effort.
● Another study found a 15% decrease' in BAC readings after vigorous exercise or
hyperventilation.
● Hyperventilation for 20 seconds has been shown to lower the reading by
approximately 32%. On the other hand, holding your breath for 30 seconds can
increase the breath test result by about 28%.

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➔ Explain with illustration “Toxicology reports” of the experts prepared by forensic


science techniques and importance thereof in crime detection. (Mar-2015)
ANSWER :
✔ Refer :
 http://epgp.inflibnet.ac.in/ahl.php?csrno=16 --- 10: Forensic Toxicology - 1:
Introduction to Forensic Toxicology
 http://www.forensicsciencesimplified.org/tox/Toxicology.pdf
 http://medcraveonline.com/FRCIJ/FRCIJ-04-00121.pdf
 http://www.toxicology.org/teachers/toxterms.asp
 http://toxipedia.org/display/toxipedia/Glossary
✔ Intro :
 From Socrates, sentenced to drink hemlock in 399 BC, to Russian mystic Grigori
Rasputin reputedly living despite ingesting ten times the fatal amount of cyanide in
1916, and even fictional Sleeping Beauty, poisoning has been a popular way to
bring an end to an adversary in real and imagined stories for thousands of years.
 Since, ancient humans used plant extracts and animal venoms for warfare,
hunting, and assassination.

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 Rig Veda (12th century BC) describes several plant poisons .


 The word “Toxicology” has came from the Greek word “toxicon” which was used as
a poisonous substance in arrowheads.
 Conventionally, the toxicology may be defined as,
● the science representing the character, source, knowledge, lethal dose, fatal
effect, analysis of poisons and their curative measures.
 More precisely, Toxicology can be said as
● the study of antagonistic effects of chemical or physical agents on living
organisms.
 Poison may be regarded as any substance which, when taken in sufficient
quantity, will cause ill health or death.
● The adage in this definition is “sufficient quantity”.
 Theoretically, all substances can act as poison if they are used in an inappropriate
way (dosage, state of appearance,mode of administration).
● For example, normal sugar which is taken in our daily consumption may act as a
trigger to diabetic attack if taken in overdose. Similarly, the normal oxygen we
inhale may kill a person, even if its small bubble is injected intravenous.
● Some commonly encountered toxic substances are carbon monoxide, cyanide,
insecticides, and heavy metals.
✔ Toxicology & toxicologist :
 Toxicology is the study of the adverse effects of chemicals on living organisms.
 Forensic toxicology takes it a step further, including a number of related disciplines
to assist in the detection and interpretation of drugs and poisons in medico-legal
death investigations, human performance issues (eg driving under the influence of
alcohol or drugs, compliance and other related matters.
 In these investigations, the three main objectives are to :
● Establish if toxicants are present and capable of contributing to death
● Establish if toxicants are present and capable of causing behavioural changes
● Establish if substances are present and whether or not they represent legitimate
use or exposure, such as prescribed medications or workplace exposures
 A “toxicologist” is competent to examine and lead into the nature of those effects
on human, animal, and environmental health.
 The forensic toxicologist is concerned primarily with the detection and estimation of
poisons in tissues and body fluids obtained at autopsy or, occasionally, in blood,
urine, or gastric material obtained from a living person.
 Once the analysis is completed, the forensic toxicologist then interprets the results
as to the physiological and/or behavioural effects of the poison upon the person

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from whom the sample was obtained.


✔ Need for a toxicologist to be legally literate :
 In Forensic Science Laboratory, Toxicologists detect poisonous substance in the
samples and accordingly prepare its report.
 Report provided by forensic toxicology experts may ultimately be introduced as
evidence in a court of law.
 Toxilogists may also be required to interpret and substantiate their findings and any
associated opinions.
 It is therefore necessary that,
● forensic toxicologist be thoroughly knowledgeable or familiar with legal practices
and be professionally comfortable in a courtroom environment.
✔ Toxicological study examines :
 detection of toxin inside the body,
 physical properties of toxins, eg appearance, colour, taste, state, melting point,
boiling point,
 chemical properties of toxins,
 cellular, biochemical, and molecular mechanisms of action of toxins,
 functional effects of toxins, such as neurological and immunological,
 toxin’s action upon the body, including metabolism,
 toxin’s quantitative and qualitative estimate, including determination of fatal dose,
and
 interpretation of results of the respective toxicological analysis.
✔ Forensic Toxicology and its significance :
 For a Forensic Toxicologist, the mechanism of toxicity often provides perception as
to how a chemical or physical agent can cause death or induce incapacitation.
● Toxicity is, the fundamental capacity of a chemical agent to affect an organism
harmfully.
 If the mechanism of toxicity is understood, descriptive toxicology becomes useful in
predicting the toxic effects of related chemicals.
 These agent are rather termed as Xenobiotics i.e., foreign substance.
● Xenobiotics include drugs, industrial chemicals, naturally occurring poisons and
environmental pollutants.
 Risk is the possibility of a specific adverse effect to occur. It is often expressed as
the percentage of cases in a given population and during a specific time period.
 A risk estimate can be based upon actual cases or an estimation of future cases,
based upon hypothetical calculations.

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 Toxicity rating and toxicity classification can be used for regulatory purposes.
● Toxicity rating is an arbitrary grading of doses or exposure levels causing toxic
effects. These grading may be “super toxic,” “highly toxic,” “moderately toxic”
and so on.
● Toxicity classification concerns the grouping of chemicals into general
categories according to their most important toxic effect. Such categories can
include allergenic, neurotoxic, and carcinogenic, etc. This classification can be of
administrative value as a warning and as information.
✔ Detection of poison :
 Poisons are generally detected in body fluids such as urine, blood, or gastric lavage
during life, while they are detected in the contents of stomach, bowel and the
viscera, besides urine and vomitus, after death.
 In a cadaver, one of the better samples to complement blood is vitreous humor, for
the reason that it is less likely to degrade quickly, and is equitably easy to collect at
time of autopsy.
 Forensic toxicological analysis has traditionally focused on the use of body fluids
including blood along with certain organs in examinations of deaths due to
intoxication.
● In some circumstances (eg exhumation), bone marrow might be useful as an
alternative specimen since it is a potential depot for drugs.
 The science of toxicology has expanded to include a wide range of interests,
including,
● the evaluation of the risks involved in the use of pharmaceuticals, pesticides,
and food additives,
● as well as studies of occupational poisoning, exposure to environmental
pollution, the effects of radiation, and, biological and chemical warfare.
✔ Toxicology Reports :
 The toxicology reports furnish key information about the nature of substances
present in an individual pertaining to an incidence.
 It also determines whether the quantity of substances are normal as per a
therapeutic dosage or exceed the permissible level.
 The interpretation of results can often be the most difficult job of the toxicologist.
 The analyst must understand the effects of a particular substance, what possible
interactions it may have with other drugs or natural disease processes, and an
understanding of what happens to toxins in the body over a period of time.
 The analysis report may contain a variety of information depending on the type of
testing requested. For example,
● a report for a court file may need to be broader than for a negative drug test in

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drug abuse monitoring.


 The report should contain a list of the specimens analyzed and the tests performed
on them.
 The methods used for the testing should be clearly stated and include information
regarding the reliability of the test, for example,
● whether a confirmatory test could be done and if not, clarify the limitations of
the information presented.
 The final results must be clearly stated and characterized by the corresponding
statistical degree of certainty.
 Medicolegal case investigations are confidential in nature and every precaution
should be taken to ensure that information is released only to properly authorized
personnel.
 Each laboratory must have its own policy for the retention and release of
information.
✔ Crime detection and forensic toxicology :
 The incidence of poisoning in India is among the highest in the world, and it is
estimated that more than 50,000 people die every year from toxic exposure.
 In India mostly poisons are used for robbery, suicide and murder.
● For eg- Datura is used by that sect of the thugs who poisoned wayfarers .
 Poisons are such a diverse group that there is no single test for such substances.
 An investigating toxicologist uses the circumstances of the case, such as any
findings at the scene, the occupation of those involved and, not least, the
symptoms observed or described by the victim, to focus the search.
 The most common application of toxicological findings in crime detection is,
● to determine whether an individual has been driving under-the-influence (DUI)
of ethanol (alcohol) and/or drugs (DUID).
● to determine whether the actions, behavior or demeanor of a homicide subject
or suspect were affected by drugs or alcohol at the time of the incident and,
thereby, offer potentially mitigating circumstances when the case is brought
before the Court.
✔ Conclusion :
 Since newer variants of drugs are developed each day, this branch of forensic
science is ever-evolving and demands up-to-date approach.

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➔ Explain with illustration “Ballistic expert reports” of the experts prepared by forensic

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science techniques and importance thereof in crime detection. (Mar-2015)


ANSWER :
✔ Refer :
 https://en.wikipedia.org/wiki/Ballistics
 https://en.wikipedia.org/wiki/Forensic_firearm_examination
 http://www.isca.in/FORENSIC_SCI/Archive/v4/i6/1.ISCA-RJFS-2016-006.pdf
✔ Meaning of Forensic Ballistics :
 Ballistics is the field of mechanics
● that deals with the launching, flight, behavior, and effects of projectiles,
 especially bullets, unguided bombs, rockets, or the like.
 Forensic ballistics (forensic firearm examination)
● is the forensic process of examining the characteristics of firearms as well as any
cartridges or bullets left behind at a crime scene.
● It generally involves analysis of bullets and bullet impacts to determine
information of use to a court or other part of a legal system.
✔ Contents of ballistic expert reports :
 Specialists in the field of Forensic Balllistic are tasked with analysis of material
supplied to them and prepare a report,
● linking (i) bullets and cartridges to weapons, (ii) weapons to crime scenes and
(iii) weapons to individuals.
● Obliterated (erased) serial numbers can be raised and recorded in an attempt to
find the registered owner of the weapon.
 Ballistic fingerprinting (Firearm and tool mark examinations),
● is a technique of analyzing firearm, ammunition, and tool mark evidence
● in order to establish whether a certain firearm or tool was used in the
commission of a crime.
● By examining unique striations (markings), left behind on the bullet as it
passes through the barrel and on the cartridge as it is hit by the firing pin,
 individual spent rounds can be linked back to a specific weapon .
● Striation images are uploaded to any existing national databases.
● Furthermore, these striation markings can be compared to other images in an
attempt to link one weapon to multiple crime scenes.
 Forensic experts can also look for human fingerprints on the weapon and
cartridges, which are processed through fingerprint databases for a potential
match.
 Like all forensic specialties, forensic firearm examiners are subject to being called

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to testify in court as expert witnesses.


✔ Importance of ballistic expert reports :
 By forcing the bullet to spin as it travels down the barrel of the weapon, the bullet's
accuracy greatly increases.
● At the same time, the weapon leaves marks on the bullet that are indicative of
that particular barrel.
 Prior to mass production of firearms, each barrel and bullet mold was hand made
by gunsmiths making them unique.
● As mass production and automation replaced hand tools, the ability to compare
bullets became impossible due to the standardization of molds within a specific
company.
● However, experts in the field postulated that there were microscopic differences
on each barrel left during the manufacturing process.
● These differences were a result of wear on the machines and since each new
weapon caused a tiny amount of wear, each barrel would be slightly different
from every other barrel produced by that company.
● Each bullet fired from a specific barrel would be printed with unique marks,
allowing investigators to identify the weapon that fired a specific bullet.
 Thus, ballistic expert reports are of great importance in identifying the weapon that
fired a specific bullet.

 In case of Ballistic experts (Bullet marks), their opinion cannot be rejected merely
on the basis, that expert has not taken the photographs of the cartridges.
✔ Case-laws :
 In Rchhpal Singh v. State of Punjab, it was held that,
● in cases where injuries are caused by fire arms,
● the opinion of ballistic experts play a lot of importance
● and failure to produce the expert opinion before the trial court effects the credit
worthiness.
 In S.G. Gundegowda v. State, the report of the ballistic expert was considered as
admissible without calling him as a witness.

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➔ Explain with illustration the importance of analysis of body fluids like blood, serum,
and saliva in detecting the case of murder and rape. (Apr-2017)
ANSWER :

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✔ Refer :
 http://aboutforensics.co.uk/bodily-fluids-analysis/
 http://www.exploreforensics.co.uk/bodily-fluids-in-forensic-science.html
 https://pdfs.semanticscholar.org/9028/d4841955cd66568777a84a6c0b8062a83d3d
.pdf
 http://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/S000016FS/P000699/M
011527/ET/1516257111FSC_P12_M1_e-Text.pdf
✔ Intro :
 Body fluid traces recovered at crime scenes are among the most important types of
evidence to forensic investigators.
 Determining whether or not there is a body fluid present,
● and subsequently identifying it allows the sample to undergo further laboratory
testing including DNA analysis which is a very crucial step in a wide range of
investigations.
 The first step of identifying a particular body fluid is highly important since the
nature of the fluid is itself very informative to the investigation, and the destructive
nature of a screening test must be considered when only a small amount of
material is available.
 The ability to characterize an unknown stain at the scene of the crime without
having to wait for results from a laboratory is another very critical step in the
development of forensic body fluid analysis.
 Body fluids - if detected at a crime scene - are swabbed, bagged and collected in
vials, which are air tight and at low risk of cross contamination.
 Visualisation techniques may be employed at an incident scene to initially locate
potential body fluids.
● Appropriate chemicals and ultra violet light can be deployed to uncover the
existence of any of these fluids in circumstances where they might be
overlooked.
● For instance alternative light sources (ALS). An ALS utilises different
wavelengths of light to visualise otherwise invisible or ambiguous stains, with
some even having the ability to show stains that have been wiped clean or
covered by paint.
✔ Types of Bodily Fluid :
 There are many different types of bodily fluid that are secreted by the body and are
also present within the body at any given time.
 These fluids may be useful in helping forensic scientists and pathologists put
together a detailed picture of how an individual died and likewise may also present
means of identifying the perpetrator.

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 Bodily fluids are broken down into two categories :


● (i) Excreted :
 Sweat, Breast Milk, Cerumen (Earwax), Faeces (included because faeces are
often covered in a mucus membrane to enable travelling through the bowel),
Chyme (found in the stomach), Bile, Vomit, Aqueous Humour (a watery
substance that covers the eye), Sebum (Skin Oil)
● (ii) Secreted :
 Cowper's Fluid (Pre-ejaculatory fluid), Blood or Plasma, Semen, Saliva, Female
Ejaculate, Serum, or Urine.
 The most common body fluids found at crime scenes are blood, semen, and saliva,
but others such as vaginal fluid, urine, and sweat can also play important roles.
 Blood :
● Undoubtedly the most common body fluid of interest encountered at crime
scenes, blood is primarily composed of water, along with blood cells, proteins,
minerals, hormones, glucose and many metabolites.
● Due to the obvious importance of blood in a forensic context, a range of tests for
identifying blood has been developed.
● Blood is of significant evidence in crimes generally seen like murder, rape,
assault, robbery, burglary, hit-and-run accidents.
 Saliva :
● Saliva can be very variable in terms of composition, particularly due to recent
food consumption or even the time of day saliva is produced.
● Typically it is made up of almost entirely water, along with electrolytes, epithelial
cells, mucus, proteins, enzymes and various exogenous and endogenous
metabolites.
 Urine :
● Primarily composed of water along with urea, organic salts, proteins, hormones
and a huge range of metabolites, urine may be encountered in a forensic context
in cases of abuse or sexual assault, for instance.
 Semen :
● Semen is a viscous fluid secreted by the testes, containing a variety of
constituents including sugars, enzymes, lipids, and of course spermatozoa.
● In a forensic context, the presence of semen is of particular importance during
the investigation of sexual assaults
 Vaginal Fluid :
● Vaginal secretions may consist of a mixture of fluid secreted through the vaginal
walls, cervical mucus and residual urine.

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● Although this particular bodily fluid may is not commonly encountered at most
crime scenes, it can be of vital importance in the investigation of sexual assault
cases
✔ Importance of body fluids in crime detection :
 There is no single method for the analysis of all body fluids, and it may be
necessary to employ multiple techniques depending on the type of body fluid.
 Body fluids contain valuable DNA evidence which can identify a suspect or victim
as well as exonerate an innocent individual.
 Once the body fluid and its type are determined,
● further scientific/ pathologial test, including DNA finger printing, may be used to
 link victim/ suspect to the crime scene.
 establish the guilt or innocence of possible suspects.
 Identify victims.

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➔ Discuss about the evidential value of evidences gathered by the handwriting experts
and finger-print experts before the court. (Apr-2017)
✔ Explain with illustration “Handwriting expert reports” of the experts prepared by
forensic science techniques and importance thereof in crime detection. (Mar-2015)
ANSWER :
✔ Refer :
 http://www.isca.in/FORENSIC_SCI/Archive/v4/i6/1.ISCA-RJFS-2016-006.pdf
✔ Hand Writing Experts :
 Section 47 of the Evidence Act 1872 deals with the opinion as to the handwriting.
 The explanation to Section 47 elaborates the circumstances under which a person
is said to have known the disputed handwriting.
 A person who deposes the evidence is not necessary to be a handwriting expert.
 The knowledge and general character of any person’s handwriting which a witness
has acquired incidentally and unintentionally, under no circumstance of suspicion
will be considered far more satisfactory than the most elaborate comparison of an
expert.
 Sec-47 envisages that one can get acquainted with others handwriting in many
ways.
● For example : The witness might be receiving letters from a particular person
regularly.

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 In the case of Devi Prasad v. State, the Court held that


● evidence given by a person who has insufficient familiarity should be discarded.
● Indian Evidence Act insists that documents either be proved by primary evidence
or by secondary evidence.
● Section 67 of the Indian Evidence Act prescribes the mode of proving the
signature in a document.
● As far as, the opinion as to handwriting is admissible only if the condition laid
down in Section 47 is fulfilled,
 that is the witness is established to have been acquainted with the writing of
the particular person in one of the modes enumerated in this section.
 In the case of Punjab National Bank Ltd. v. Mercantile Bank of India Ltd, it was held
that,
● the opinion of an expert in handwriting should be received with great care and
caution
● and should not be relied upon unless corroborated as it has been held
✔ Finger Print Experts :
 http://epgp.inflibnet.ac.in/ahl.php?csrno=16 “4745_et_4745_et_01et.pdf”
 http://work.chron.com/forensic-fingerprint-expert-9683.html
 Intro :
● Whether one believes in the theological origin of man or goes with the
anthropological school of thought, there can be no doubt that each person is
individualized by his or her fingerprints. Today, fingerprint individuality is
accepted and taken for granted all over the world
 History :
● Since ancient times, fingerprinting has remained intertwined with Indian culture.
● An Indian scripture, Samudra Shastra, compiled by a sage named Samudra Rishi
in 3102 BC, tells us a great deal about fingerprinting.
 Samudra Shastra identifies three types of fingerprints.
 It says that two are of common types, viz., sankha (corresponding to loops),
and chakra (corresponding to whorls), while the third type, seep
(corresponding to arches) are rare.
● Modern finger print technique has its origin in the 19 th century, when
independent works of (i) Englishmen Henry Faulds and William
Herschel; and of (ii) American scientist Thomas Taylor observed that
contact between someone's hands and a surface left barely visible marks called
fingerprints. Fine Powder Dusting technique was used to make the marks more
visible.

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 These scientists in their works detailed the uniqueness of human fingerprints


and their potential use in identifying people leading to the codification and
standardization of accepted practices within forensic science.
● Modern fingerprint examiners broadly classify fingerprint patterns in three broad
types: Arches, loops and whorls (Fig. 1). Statistically, 5% of fingerprints have
arch pattern, 60% are loops and 35% are whorls.

Three patterns of fingerprints. (A) arches; (B) loops; and (C) whorls

 Fingerprint Expert :
● Forensic fingerprint experts are also known as latent print examiners and use
their exceptional knowledge to analyze finger- and footprint clues left at crime
scenes.
● These forensic scientists are typically employed by local or state police precincts.
● Fingerprint analysts must be available at a moment's notice to sweep a crime
scene for clues.
● Law enforcement works quickly to secure a crime scene in order for fingerprint
experts to uncover clean, undisturbed finger- or footprints to analyze.
● The examiner must carefully lift any fingerprints using a fingerprint brush, black
and bi-chromatic powder, lifting tape and fingerprint cards.
● From there, the examiner must carefully preserve the specimen for lab analysis,
which involves using complex computer software and microscopic imaging.
● The fingerprints are then loaded into state or national databases for comparison
with other convicted criminals or missing persons.
● Examiners must be on call to attend a crime scene at all hours and may have to
work in hazardous or dangerous conditions.
● Fingerprint experts also serve as expert witnesses in criminal or civil trials.
 National Crime Records Bureau :
● The Central Finger Print Bureau better known by acronym, CFPB came into being
in 1955 in Calcutta (now Kolkata) under the administrative control of the
Intelligence Bureau.
● In 1973 the administrative control was transferred to CBI.
● In July, 1986 the CFPB was finally placed under the administrative control of the

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newly formed National Crime Records Bureau located at New Delhi.


● Central Finger Print Bureau, is mostly concerned with the classification of
fingerprints and the organization of sets of prints into usable files.
● Development of latent prints at crime scene and comparisons of known and
unknown fingerprints are a major part of the work of a forensic expert, besides
ensuring to store finger prints of crime suspects at CFPB.
 Controversy :
● While, fingerprints remain a very important source to identify individuals and to
tell individuals apart from one another, there also exist potent challenges to the
technique.
● More than 100 years after the first crime was solved with a fingerprint, no one
completely has proved even the basic assumption: that everyone’s fingerprint is
unique (for details refer to https://nypost.com/2009/03/07/csi-without-a-clue/)

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➔ Explain the following Forensic Science technique of “Identification of narcotic and


psychotropic substances like opium, heroin, etc” and its importance in detection of
crime. (Apr-2017)
ANSWER :
✔ Refer :
 http://narcoticsindia.nic.in/upload/download/document_idd8a4e572d866aa45da78
418d9d2ff9f9.pdf
 https://www.unodc.org/pdf/publications/st-nar-29-rev1.pdf
 https://en.wikipedia.org/wiki/Narcotic_Drugs_and_Psychotropic_Substances_Act,_
1985

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➔ Discuss : Crime detection/investigation through Track marks: Foot Prints, Naked


Footprints etc.
ANSWER :
✔ Refer :

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Module-2 :
2) Forensic Psychology Techniques, Crime Detection/Investigation and Law :
2.1) Forensic Psychology Techniques and importance thereof
2.2) Various types of Forensic Psychology Techniques used in Crime
Detection :
2.2.1) Lie Detection Test and its procedure
2.2.2) Polygraph Test and its techniques
2.2.3) Brain Mapping Test and procedure thereof
2.2.4) Narco Analysis Test (Truth Serum Test)
2.2.5) Hypnotism
2.3) Constitutional validity of Forensic Psychology Techniques in context with
Fundamental Right of Self Incrimination under Article 20(3) and 22 of the
Constitution
2.4) Drawbacks and Hazards of Forensic Psychology Techniques
2.5) Evidential Value of confession of the accused made through or evidences
gathered through Forensic Psychology Techniques
2.6) Judicial approach about acceptance of evidence gathered by Forensic
Psychology Techniques

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MODULE-2 QUESTIONS :

➔ Write a note on Lie Detection Test and its procedure. (Mar-2014)


✔ Write a note on polygraph test and its procedure. (Apr-2016)
✔ Write note : Lie detection test (Apr-2016)
✔ Explain in detail the procedure of Narco Analysis and Lie detection tests. (Mar-2015)
➔ Write a note on Brain mapping test and its procedure. (Mar-2014)
✔ Write note : Brain mapping test. (Apr-2016)
➔ Write a note : Narco Analysis Test (Mar-2014)
✔ Write a note on narco analysis test and its procedure. (Apr-2016)
✔ Explain in detail the procedure of Narco Analysis and Lie detection tests. (Mar-2015)
➔ “Narco test is a mental third degree torture” Discuss this statement after explaining
the procedure of Narco Test and its constitutional validity. (Apr-2017)
➔ Discuss : Hypnotism as forensic psychology technique.

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➔ Discuss : Legality and Constitutional validity of Forensic Science techniques.


✔ Discuss the validity of forensic psychology techniques in context with the
fundamental rights under Article 20(3) and 22 of the Constitution of India along with
the approach of the judiciary. (Mar-2015)
✔ Discuss : Constitutional validity of DNA Profiling - Fundamental Right under
Article 20(3) not available in Civil Proceedings.
➔ Discuss : Drawbacks and Hazards of Forensic Psychology Techniques .

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MODULE-2 ANSWERS :

➔ Write a note on Lie Detection Test and its procedure. (Mar-2014)


✔ Write a note on polygraph test and its procedure. (Apr-2016)
✔ Write note : Lie detection test (Apr-2016)
✔ Explain in detail the procedure of Narco Analysis and Lie detection tests. (Mar-2015)
ANSWER :
✔ Refer :
 http://shodhganga.inflibnet.ac.in/bitstream/10603/70232/7/chapter3.pdf
✔ Origin :
 1895 : The first attempt in this direction was made to expand a scientific
instrument to identify reality or fraud as early as 1895 by Lombroso. He is known
as the founding father of criminology. The instrument was called by him a
hydroshygmograph. An identical device was employed by Harvard psychologist
William Marston during World War I in espionage cases, who brought the technique
into American court systems.
● It was basically designed to record blood pressure and changes in pulse rate.
 1921 : John Larson added the thing of respiration rate.
 1939 : Leonard Keeler, who is one of the founding fathers of forensic science,
added skin conductance and an amplifier.
 1947 : John Reid further developed the instrument.
✔ What is “Lie Detection Test (Polygraph Test)”?
 The term ‘Polygraph literally means ‘many writings’ therefore the name refers to a
process in which selected psychological activities are recorded.
 The very fundamental principle underlying Polygraph is that,
● When a person lie he becomes nervous, which in turn causes mental excitation.

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● To conceal the excitement which the person attempts, adrenal glands are
stimulated to secrete Adrenalin, which on entering the blood stream, sets up the
blood pressure and rate of pulse and respiration.
● All these psychological changes when recorded are collectively called Polygram,
which is analysed and evaluate to find out whether during the lie detection test,
the subject experienced emotional stress with any of the questions asked.
 Such examination is performed on the basis of supposition that there is an intimate
contact between mind and body and is performed by different components or the
sensors of the Polygraph machine, which are attached to the body of the suspected
person’s body that is being cross-examined.
 The principle behind the test is that the suspect fears detection of his/her lie and
creates in him/her an emotion of fear which consequently results in psychological
changes which are captured by different instrument.
 The blood pressure, pulse rate, respiration and muscle movements details etc
recorded by the machine.
✔ Procedure :
 This test is conducted at three stages namely
● pretest interview,
● chart recording and
● diagnosis.
 The examiners arrange a set of questions which depend upon the relevant
information about the case which is provided by the investigation machinists such
as the charges against the person and statements made by the suspects.
 The reaction which occurs during the examination of the suspect is recorded and
measured.
 A baseline is created by the examiner by asking few question answer of which is
already known to him.
 Whether a person is lying or not is recognized by behavioural and psychological
changes, which the graph exposes.
 The sign of lie is derived from the base line.
 All such evidence is then corroborated with the other evidence collected .
 Keeler further developed the Polygraph machine by adding psycho-galvanometer,
which would record electrical resistance of the skin.
✔ Modern Advances :
 Polygraph (Lie-Detector) is based on the principle of psychosomatic interactions of
an individual
● ie psychologically a change in a person's deliberately held feeling produces a

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defense reaction in the form of physiological changes in his blood pressure, pulse
rate, respiration and electro-dermal response(GSR).
 The main modernization in the Polygraph has been the introduction of computer to
record and analyse the physiological reaction and data, although a few innovations
in the input devices to increase the number of recording, to reduce the discomfort
and decrease the time for testing have also come up.
 Computerized Polygraphs have the following advantages :
● Operational training need less time
● make available better interpretable data
● No frequent calibrations as in traditional Polygraphs due to pen distortion.
✔ Conclusion :
 The successful process of Polygraph depends on the experience, personality,
integrity of the examiner, proper operational environment and interrogation room.

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GO TO MODULE-2 QUESTIONS.
GO TO CONTENTS.

➔ Write a note on Brain mapping test and its procedure. (Mar-2014)


✔ Write note : Brain mapping test. (Apr-2016)
ANSWER :
✔ Refer :
 http://shodhganga.inflibnet.ac.in/bitstream/10603/70232/7/chapter3.pdf
✔ Intro :
 Dr Lawrence A Farwell, Director and Chief scientist of ‘Brain Wave Science’ IWOA
developed this test and patented in the year 1995. He was a well known
neurologist.
 This technique is also known as “Brain wave finger printing” and “P300 Test”.
 In India, the first Forensic laboratory which used this technique is Forensic
laboratory of Bangalore.
 Brain fingerprinting is based on the finding that the brain of a person telling lie
generates a different magnetic resonance pattern compared to the same person
telling truth.
 When a crime is committed, a record is stored in the brain of the doer. Brain
Fingerprinting provides a means to objectively and scientifically connect evidence
from the crime scene with evidence stored in the brain of the perpetrator.

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 "Brain finger printing” is supposed to be a good lie detector and is said to perceive
even smooth criminals who pass the Polygraph test (the predictable lie detector
test) with ease.
● Even if the person willingly suppresses the necessary information, the brain
wave is sure to trap him, according to the experts.
✔ Procedure :
 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 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.
✔ Utility/ Limitations :
 Even after the validity of the technique of brain fingerprinting satisfies Daubert's
criteria (Daubert standard is a rule of evidence regarding the admissibility of expert
witnesses' testimony), its application as a forensic tool in individual cases will
depend upon the genuineness of the investigation and other factors.
 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.
 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.
 The brain-fingerprinting analysis identifies the existence or nonexistence of
information and not the guilt or innocence per se. Sometimes, a person may
possess much of 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.
● eg The test would not be applicable in a case in which two suspects in an

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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.
✔ Precautions required for reliability of Brain Mapping Test :
 The judges and the lawyers must be able to do following five things for reliability of
Brain Mapping Test :
● (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.
 Above heuristics emphasizes the underlying principles common to all fields of
science.

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➔ Write a note : Narco Analysis Test (Mar-2014)


✔ Write a note on narco analysis test and its procedure. (Apr-2016)
✔ Explain in detail the procedure of Narco Analysis and Lie detection tests. (Mar-2015)
ANSWER :
✔ Refer :
 http://shodhganga.inflibnet.ac.in/bitstream/10603/70232/7/chapter3.pdf
✔ What is Narco Analysis (truth serum)?
 ‘Narcosis’ is a state of semiconsciousness induced by drugs.
 The use of narcotics as a therapeutic aid in psychiatric 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 of sedative.

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 However, scopolamine was also known to create a state of disorientation, confusion


and amnesia during the period of intoxication.
 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.
✔ Origin :
 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.
✔ Process :
 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.
 Robert House’s idea and experiment gained a lot of limelight and attention and
therefore led the introduction of Narco-Analysis in criminal investigation.
✔ Legality of Narco Analysis :
 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.
 Thus the judicial tryst, until 2014, with Narco-Analysis had been one of the
ambivalence or approval. The judiciary possibly viewed this practice to be a
solution to compare the threat to internal security faced by India during the
aforementioned period.

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➔ “Narco test is a mental third degree torture” Discuss this statement after explaining
the procedure of Narco Test and its constitutional validity. (Apr-2017)
ANSWER :
✔ Refer :

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➔ Discuss : Hypnotism as forensic psychology technique.


ANSWER :
✔ Refer :

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➔ Discuss : Legality and Constitutional validity of Forensic Science techniques.


✔ Discuss the validity of forensic psychology techniques in context with the
fundamental rights under Article 20(3) and 22 of the Constitution of India along with
the approach of the judiciary. (Mar-2015)
✔ Discuss : Constitutional validity of DNA Profiling - Fundamental Right under
Article 20(3) not available in Civil Proceedings.
ANSWER :
✔ Refer :
 http://vips.edu/wp-content/uploads/2017/07/Forensic-Science.pdf
 http://shodhganga.inflibnet.ac.in/bitstream/10603/70232/7/chapter3.pdf
 https://en.wikipedia.org/wiki/DNA_paternity_testing
 http://shodhganga.inflibnet.ac.in/bitstream/10603/38033/12/11_chapter%205.pdf
 https://www.scribd.com/doc/202008655/Rajesh-Bardale-Principles-of-Forensic-
Medicine-and-Toxicology
 http://jlsr.thelawbrigade.com/index.php/2017/06/16/admissibility-of-dna-in-indian-
legal-system/
✔ Outline :

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 Intro
 Admissibility of DNA profiling in legal proceedings
 Relevant legal provisions
● Constitution of India
● Criminal Procedure Code, 1973
● Indian Penal Code 1860
● Evidence Act
● Code Of Civil Procedure, 1908
 FRs under Art-20(3) and Art-21
● Does forensic evidence violate Art-21 (right to privacy)?
● Does forensic evidence violate Art-20(3)?
 Who is competent to collect and preserve DNA evidence?
 Criminal Laws : 2005 Amendment in CrPC
 Evidence Act
● Evidential value of report of a ‘forensic expert’
 Parental Identification using DNA Profiling and its Constitutional validity
 Burden of proof
 Drawing Blood and Legal Questions
 Position in Civil Law
 Position in Criminal Law
 Conclusion
✔ Intro :
 <This answer is largely DNA specific. However, major part discussion is also
relevant to legality of other forensic tests including forensic psychology. Text of
the answer needs re-working.>
 In India, the application of forensic science to crime investigation and trial has to
stand the limitation of law.
● a) What is the constitutional validity of such techniques?
● b) To what extent does the law allow the use of forensic techniques in crime
investigation?
● c) What is the evidentiary value of the forensic information obtained from the
experts?
 The Universal Declaration of Human Rights, Article 11, states:
● "Everyone charged with a penal offence has the right to be presumed innocent

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until proved guilty according to law in a public trial at which he has had all the
guarantees necessary for his defence."
 The introduction of the DNA technology has posed serious challenge to some legal
and fundamental rights of an individual such as
● “Right to privacy”, which has been included under Right to Life and Personal
liberty or Article 21 of the Indian Constitution
● “Right against Self-incrimination”, Article 20(3) provides Right against Self-
Incrimination which protects an accused person in criminal cases from providing
evidences against himself or evidence which can make him guilty.
 Hence, courts sometimes are reluctant in accepting the evidence based on DNA
technology.
 But it has been held by the Supreme Court on several occasions that,
● Right to Life and Personal Liberty is not an absolute Right.
 Except for (i) DNA profiling, and (ii) forensic psychological techniques, most other
forensic evidence are admissible u/s 45 of Evidence Act as “opinions of experts”.
● Courts take them in to consideration and give due weightage (depending upon
specific facts and circumstances of the case/ evidence) while deciding legal
issues.
✔ Admissibility of DNA profiling in legal proceedings :
 The admissibility of the DNA evidence 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 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 specific provision under Indian Evidence Act, 1872 and Code
of Criminal Procedure, 1973 to manage science, technology and forensic science
issues.
 Due to absence of specific legislation on DNA technology, the court cannot compel a
person to go for DNA or blood test because it amounts to breach of right to privacy.
 Due to lack of having any such provision, an investigating officer has to face much
trouble in collecting evidences which involves modern mechanism to prove the
accused person guilty.
✔ Relevant legal provisions : Following are the relevant legal provisions which deal
directly or indirectly with the use, and application of DNA technology,
 Constitution of India :

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● Article-20(3) :
 No person accused of any offence shall be compelled to be a witness against
himself.
● Article-21 :
 No person shall be deprived of his life or personal liberty except according to
procedure established by law.
● Article-22(1) :
 No person who is arrested shall be detained in custody without being informed,
as soon as may be, of the grounds for such arrest
• nor shall he be denied the right to consult, and to be defended by, a legal
practitioner of his choice.
● Article 51A(h) Fundamental Duties : it shall be the duty of every citizen of India
 to develop the scientific temper, humanism and the spirit of inquiry and
reform;
● Article 51A(j) Fundamental Duties : it shall be the duty of every citizen of India
 to strive towards excellence in all spheres of individual and collective activity
so that the nation constantly rises to higher levels of Endeavour and
achievement.
 Criminal Procedure Code, 1973 :
● Section 125, 53, 54, 156
 (i) Section-125- Maintenance of children (both illegitimate legitimate), parents
and wife
 (ii) Section-53- Examination of an accused by medical practitioner at the
request of police officer
 (iii) Section-54- Examination of the arrested person by medical practitioner at
the request of arrested person
 (iv) Section-156- Police officer's power to investigate cognizable cases.
 Indian Penal Code 1860 :
● Use of DNA Technology in administration of criminal justice system is permitted
in following offences :
 (i) The offences affecting the human body (Sections – 299, 300, 301, 304A,
304B, 306, 312, 313, 314, 315).
 (ii) Sexual offences (Sections – 375, 376, 376B, 376C, 376D).
 (iii) Offences against marriage (Section – 497).
 Evidence Act :
● Sec. 73 of the Indian Evidence Act empowers the court to direct any person

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including an accused to allow his finger impressions to be taken.


● Section 112 : Birth during marriage, conclusive proof of legitimacy.
 Code Of Civil Procedure, 1908 :
● (section 151, Order XXXII r-15, Order XXXVI Rule -10-A)
● Section 151 : Inherent power of the Courts to investigate up to any extent, as
may be necessary, for the ends of justice to prevent abuse of the process of the
court.
 Thus, DNA test can be conducted and necessary directions can be given by the
use of the inherent powers of the court in cases related to Succession and
inheritance.
● As there is no direct law or legislation in India authorising Courts to direct the
parties to the civil case to go for blood test or to under go DNA test, as it clashes
with Constitutional provisions such as right to life, privacy, against self
incrimination. So the given provision can be applied as an exception to the rule.
✔ FRs under Art-20(3) & Art-21 :
 Articles 20(3) of the Indian Constitution provide that,
● no person accused of any offence shall be compelled to be a witness against
himself.
 Article 20(3) is based upon the presumption drawn by law that the accused person
is innocent till proved guilty. It also protects the accused by shielding him from the
possible torture during investigation in police custody.
 Article 20 (3) of the Constitution of India guarantees fundamental right against self
incrimination and guards against forcible testimony of any witness.
 The fundamental right guaranteed under Article 20 (3) is a protective umbrella
against testimonial compulsion in respect of persons accused of an offence to be
witness against themselves.
 The protection is available not only in respect of evidence given in a trial before
Court but also at previous stage.
 However, it is noteworthy that,
● the protection against self-incrimination envisaged in Article 20 (3) is available
only when compulsion is used
 and not against voluntary statement, disclosure or production of document or
other material.
 FR under Art-20(3) ensures 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.
 Does forensic evidence violate Art-21 (right to provacy)?

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● Deciding SLP in the case of Rohit Shekhar vs Narayan Dutt Tiwari & Anr,
Supreme Court refused to dismiss the Delhi High court‘s decision ordering
veteran congress leader N D Tiwari to undergo the DNA test.
 N D Tiwari had taken ground of violation of his privacy as a result of court
order directing authorities to take his blood sample.
 Supreme Courts dismissal of N D Tiwari’s SLP is very important from the
viewpoint of the admissibility of such evidence.
 In this case, Rohit Shekhar has claimed to be the biological son of N.D. Tiwari,
but N.D. Tiwari was reluctant to undergo such test stating that it would be the
violation of his Right to privacy and would cause him public humiliation.
 But Supreme Court rejected this point stating when the result of the test would
not be revealed to anyone and it would under a sealed envelope, there is no
point of getting humiliated.
 Supreme Court further stated that we want young man to get justice; he
should not left without any remedy.
 Does forensic evidence violate Art-20(3)?
● There are questions as to whether forensic evidence violates Art. 20(3) of Indian
Constitution or not.
● The Supreme Court has held that,
 being compelled to give fingerprints does not violate the constitutional
safeguards given in Art. 20(3).
● Legality of DNA testing :
 In The State of Bombay v. KathiKaluOghad& Others, the court held that,
• giving thumb impression, specimen signature, blood, hair, semen etc by the
accused do not amount to ‘being a witness’ within the meaning of the said
Article.
• The accused, therefore, has no right to object to DNA examination for the
purposes of investigation and trial.
● Legality of forensic psychology tests :
 Accepted :
• The Bombay High Court in another significant verdict in the case of,
Ramchandra Reddy and Ors. v.State of Maharashtra,
• upheld the legality of the use of P300 or Brain finger-printing, lie-detector
test and the use of truth serum or narco analysis.
• In the fake stamp paper scam Abdul Karim Telgi,
• The court upheld a special court order allowing SIT to conduct scientific
tests on the accused.

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• The verdict also maintained that the evidence procured under the effect
of truth serum is also admissible.
• In a 2006 judgment, Dinesh Dalmia v State, the Madras High Court held
that
• subjecting an accused to narco-analysis does not tantamount to
testimony by compulsion.
 Rejected :
• However, in a subsequent case, Selvi & Ors v. State of Karnataka & Anr, the
Supreme Court questioned the legitimacy of the involuntary administration
of certain scientific techniques for the purpose of improving investigation
efforts in criminal cases. The Supreme Court held that,
• brain mapping and polygraph tests were inconclusive and thus their
compulsory usage in a criminal investigation would be unconstitutional.
✔ Who is competent to collect and preserve DNA evidence?
 Question lies as to whether every medical practitioner is capable to collect and
preserve DNA evidence.
 It is a well known fact that DNA evidence is entirely dependent upon proper
collection and preservation of sample. Any simple mistake or unawareness can
contaminate the sample and contaminated sample is of no use.
✔ Criminal Laws :2005 Amendment in CrPC :
 Criminal laws also considers an accused as innocent until his guilt is established
beyond reasonable doubt.
 CrPC 1973 was amended in 2005 to enable the collection of a host of medical
details from accused persons upon their arrest.
 Section 53 :
● upon arrest, an accused person may be subjected to a medical examination if
there are “reasonable grounds for believing” that such examination will afford
evidence as to the crime.
 The scope of this examination was expanded in 2005 to include,
● 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 tests which the registered medical practitioner thinks necessary in a
particular case.
 However, said 2005 Amendment is limited to rape cases only.
 This section also does not enable a complainant to collect blood, semen, etc, for
bringing criminal charges against the accused; neither does it apply to complaint
cases.

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 In similar lines, Section 164A CrPC 1973 provides for


● medical examination of a woman who is an alleged victim of rape within twenty
four hours and such examination includes the DNA profiling of the woman.
 Both the sections authorize any medical practitioner within the meaning of Sec.
2(h) Indian Medical Council Act, 1956 to collect a DNA sample.
✔ Evidence Act :
 Evidential value of report of a ‘forensic expert’ :
● Under Indian Evidence Act, 1872, forensic report is considered as “ opinion”
tendered by expert.
● An expert may be defined as a person who, by practice and observation, has
become experienced in any science or trade. He is one who has devoted time
and study to a special branch of learning, and is thus especially skilled in that
field wherein he is called to give his opinion.
● The real function of the expert is to put before the court all the materials,
together with reasons which induce him to come to the conclusion, so that the
court, although not an expert, may form its own judgment by its own
observation of those materials.
● The credibility of an expert witness depends on the reasons stated in support of
conclusion and the tool technique and materials, which form the basis of such
conclusion.
● However, the court is free to disagree with the conclusions drawn by the expert
and rely on other evidences for the purpose of decision.
● The National Draft Policy on Criminal Justice Reforms 23 has suggested that,
 the Indian Evidence Act needs to be amended to make scientific evidence
admissible as ‘substantive evidence’ rather than ‘opinion evidence’,
• and establish its probative value, depending on the sophistication of the
concerned scientific discipline.
✔ Parental Identification using DNA Profiling and its Constitutional validity :
 Note :
● Here, there is no exclusive discussion on legality of DNA profiling. The discussion
on the topic is merged with “Legality and Constitutional validity of Forensic
Science techniques”
● Unlike civil paternity case, Indian courts have accepted the role of DNA in
criminal paternity case.
● Case-laws on DNA profiling to establish paternity :
 Likewise in Rajiv Gandhi Murder Case, the DNA samples of alleged assassin
Dhanu were compared with her relatives, which gave conclusive proof about
her being involved in the gruesome attack.

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 Similarly in the famous Tandoor murder case, the DNA samples of the victim
Naina Sahni were compared with that of her parents to establish her identity.
✔ Burden of proof :
 The raison d’être under the Indian Evidence Act, 1872, is against the
illegitimization of a child (as bastard) and the public policy is that no child should
suffer due to lapses on the part of their parents.
 It is well established that,
● when certain fact is considered as conclusive proof of another fact,
● the judiciary generally disables the party in disrupting such proof .
 The only exception occurs when, a party is able to show that there was no access
to the other party when the conception could have taken place.
 Whenever paternity is contested, the burden of proof is on the party pleading
negative.
✔ Drawing Blood and Legal Questions :
 It goes without saying that a blood/DNA test can only be conducted if blood or DNA
samples are taken.
● In case, blood/DNA samples are otherwise available, it has to be further proved
that these truly belong to the donor or the person in question and further that
these match with the specimen samples.
 Unless samples are taken for matching – comparison, a report cannot be obtained
from an expert and the chances of comparison would not arise.
 What would be the position when any sample is not available and the person
whose blood/DNA test is to be undertaken does not consent to give it, or is a
minor/child? Whether a sample of blood for DNA test can be taken by force?
 Due to absence of specific legislation on DNA technology, the court cannot compel a
person to go for DNA or blood test because it amounts to breach of right to privacy
under Art-20(3).
 Courts can only direct the parties to the criminal case or civil suits to go for the
same, but it in criminal case for the interest of the victim and welfare of then state
as a part of public policy and to give justice to victim there arise the question of
right to information from the concerned person who is suppose to disclose the
relevant facts to establish the conclusive proofs during the judicial proceedings
before the courts of law.
✔ Position in Civil Law :
 The call for DNA test on civil side is generally made to settle the paternity issue
involved in cases of divorce, maintenance, inheritance and succession etc.
 One view is that when modern science gives means of ascertaining the paternity of
a child, there should not be any hesitation to use those means whenever the

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occasion requires.
● The other view is that the court must be reluctant in use of such scientific
advances and tools which result in invasion of right to privacy of an individual
and may not only be prejudicial to the rights of the parties but may also have
devastating effect on the child
 because, the result of such scientific test MAY bastardise an innocent child
even though his mother and her spouse were living together during the time of
conception).
 Hence, dealing with civil cases, Courts in India have adopted a trend that a party
cannot be compelled to give sample of blood for blood group tests. Therefore such
a sample cannot be collected against the will of such a person.
 Courts in India have adopted this general trend, in the absence of any statutory
law in the field.
 It is noteworthy that Section 112 of the Evidence Act provides for the legitimacy of
a child born during wedlock and the only ground to rebut this presumption is,
non access of the husband.
● ie IF it is established that the husband had no to his wife, THEN the court gives
priority to DNA test under Section 45 of the Indian Evidence Act, 1872 over the
legitimate presumption under Section 112 of Indian Evidence Act, 1872.
 Thus at one point of time it was an issue before the court dealing with paternity
issues whether such test could be ordered.
 This issue was discussed at length in Gautam Kundu vs. Bengal where the division
bench of apex court, inter alia, laid down certain note-worthy guidelines regarding
DNA test and their admissibility in the parentage case :
● 1. The courts in India cannot order blood test as a matter of course.
● 2. Whenever application is made for such prayer in order to have roving enquiry,
the prayer of blood test cannot be entertained.
● 3. There must be strong prima facie case in which,
 the husband must have established non-access in order to dispel the
presumption arising under section 112 of Indian Evidence Act, 1872,
● 4. The court should carefully examine as to what would be the consequence of
ordering the blood test.
● 5. No one can be compelled to give blood sample for analysis.
● The Apex Court upholding Madras High Court observed that,
 it required to be carefully noted no person can be compelled to give sample of
blood for analysis against (his or) her will and that no adverse inference can
be drawn against (him or) her for such a refusal.
● What weighed the mind of the Apex Court appears to be the effect over the

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paternity of a child, since there was likelihood for terming him bastard.
 However subsequently a full bench of the Supreme Court in Sharda v Dharmpal
considered the power of a matrimonial court to order such test and clarified that,
● Goutam Kundu (supra) is not an authority for the proposition that under no
circumstances the Court can direct that blood tests be conducted.
● It, having regard to the future of the child, has, of course, sounded a note of
caution as regard mechanical passing of such order.
● The Court after hefty discussion summed up three significant conclusions :
 A matrimonial court has the power to order a person to undergo medical test .
 Passing of such an order by the court would not be in violation of the right to
personal liberty under Article 21 of the Indian Constitution.
 However, the Court should exercise such a power if the applicant has a strong
prima facie case and there is sufficient material before the Court.
 If despite the order of the court, the respondent refuses to submit himself to
medical examination, the court will be entitled to draw an adverse inference
against him. <Note that court did not order use of force for getting respondent
medically examined>
 In Hargovinda Soni v. Ram Dularey, (Ram pal Singh.J.), The Madhya Pradesh High
Court was categorically of the opinion that no person can be compelled to give a
sample of blood against consent.
● In a case where a party does not consent for giving his sample for blood or DNA
fingerprint test, the maximum the Courts can do is to draw an adverse inference
against that party for such refusal.
 However, in some cases it has been held that the Courts are seized to inherent
powers, which can be exercised ex debito justitiae.
 Bombay High Court was also of the considered opinion that though a Court can
direct respondent to give blood sample, it cannot compel her to do so. Bombay
High Court, however, clearly held that the Court lacked powers in enforcing the
giving of blood samples in case of failure to do so, even inspite, of the directions by
the Court. It ultimately favored for merely drawing an adverse inference in case
there was a clear denial for giving such samples.
 Yet, in another case R.P. Uloganambi v. K. C. Loganayaki, the Madras High Court
has gone to the extent holding that a party having consented to give such a sample
on one stage of the proceedings can validly make a withdrawal of such an offer and
the principle of estoppels (Section 115 of Evidence Act) would not come across.
 In case of Kanti Devi v Poshi Ram the Supreme Court held that
● even a DNA test that indicated that the person is not the father of the child
would not be enough to rebut the conclusiveness of marriage as proof of
legitimacy of child.

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 In case of Sharad v. Dharmapal AIR 2003 SC 3450 the Supreme Court in divorce
proceedings again considered the question of compulsion to undergo medical
examination and held that,
● it was well within the power of the Court to compel such examination.
✔ Position in Criminal Law :
 It is again interesting to observe that the Criminal Law is also significantly silent on
such a power of a “Court to direct the talking of blood samples for blood/DNA
analysis.
 A single Judge of Gujarat High Court in Najabhai v. State of Gujarat, has held that
● the bar of Article 20(3) of the Constitution of India would extend with regard to
compelling the accused to submit himself to medical examination also.
● However, this proposition runs contradictory to a decision by Apex Court in State
of Bombay v. Khthikalu, wherein, such examinations were held not included
within the meaning of becoming a witness.
 In the case of Ananth Kumar v. ST. of A.P 1997, CR. L.J. 1797, referring to the
powers conferred under Section 53, Cr.P.C. the Andhra Pradesh High Court has held
that,
● although there is no clear provision in Cr. P.C. for taking such blood samples, yet
there is no prohibition for taking such blood samples of an accused by exercising
powers under Section 53 Cr. P.C.
● The Court observed that taking samples of blood and semen would come within
the scope of examination of the person of the arrested person and therefore,
 “examination of a person by a medical practitioner must logically take in
examination by testing his blood, sputum, semen, urine etc.
● The Court further held that Section 53 provides the use of such force as it
reasonably necessary for making such an examination.
 On the other hand, in the case of Jamshed v. st. of U.P. 1760 CR. LAW. J.1680, a
Division Bench of Allahabad High Court dealing with a criminal case, was of the
view that
● though there was no specific provision in Indian Law permitting taking of blood
yet in a criminal case, an examination of person can be made under Section
53(1) of the Cr. P.C. which shall include the taking of blood samples, including
an examination of an organ inside the body.
● The Court drew the aforesaid conclusion per force the provisions of Section
367(1) and Section 482 of the Cr. P.C.
● It also held that there is nothing repulsive of shaking to conscience in taking the
blood of an accused person in order to establish his guilt and so far as the
question of causing hurt is concerned, even causing some pain may be
permissible under Section 53, Cr. P.C.

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 Admissibility of DNA evidence :


● In Dharam Deo Yadav v. State of Uttar Pradesh 2014 (5) SCC 509, a judgment
which deals with the admissibility of DNA evidence, Supreme Court observes
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 Nitish Katara murder case, Vishal Yadav v. State of Uttar Pradesh (2014) SCC
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 with parents of the deceased which helped the High Court of Delhi to
uphold the conviction of the accused.
✔ Conclusion :
 In Indian scenario, there has been increased emphasis on the use of such
technologies in criminal investigation and trials.
 The Commissions appointed on reforms of criminal justice have reiterated that the
infusion of technology in crime detection can help the system to function efficiently.
 The relevant laws have been amended from time to time to make way for use of
forensic technologies in crime investigation and trial. Yet, it may be said that there
are existent flaws in the laws which need to be addressed.
 The courts are also reluctant to rely on scientific evidence due to their restrictive
approach, or certain inherent defects in the evidence as produced in courts which
deter them from relying on it entirely.
 The main motto of criminal justice system is to provide fair justice. Undoubtedly,
forensic evidence is more authentic than ocular evidence.
 Forensic science being scientific evidence is a boon for criminal justice system. We
have to overcome the existing flaws to step forward.

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This is Module-2. Menu ---> CONTENTS | Module-1 | Module-2 | Module-3 |

➔ Discuss : Drawbacks and Hazards of Forensic Psychology Techniques.


ANSWER :
✔ Refer :

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Module-3 :
3) Recent Forensic Science Techniques for Crime Detection and Future Challenges
:
3.1) Cyber Crime detection through forensic science
3.1.1) Retrieving the data from Computer Hard-disk
3.1.2) Retrieving SMS/MMS from mobile after having been deleted
3.1.3) Detecting E-mail Hackers, Website Hackers and Computer Hackers
3.1.4) Tracking of E-mails in locating the criminals
3.1.5) Tracking offences of Electronic Fund Transfer and related crimes
Tracking offences related to Digital Signature, Software Piracy and
other related crimes
3.2) Use of Facial Reconstruction and Skull Superimposition Techniques in
crime detection
3.3) Voice Identification Technique
3.4) DNA Profiling: meaning
3.4.1) Importance and Nature of DNA Profiling
3.4.2) Evidentiary clue materials of DNA Profiling: Hair, Body Tissues etc.
3.4.3) Parental Identification and its Constitutional validity - Fundamental
Right under Article 20(3) not available in Civil Proceedings
3.4.4) Judicial Pronouncements
3.5) Future Challenges to Forensic Sciences in countering the Global Terrorism,
Cyber Terrorism and other technical offences

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MODULE-3 QUESTIONS :

➔ Explain the major cyber crimes and the forensic cyber crime detection techniques
to detect the same. (Apr-2017)
✔ Discuss in detail how forensic science helps in detection of cyber crime. (Apr-2016)
✔ Fully discuss about Cyber crimes. (Mar-2014)
➔ Discuss : Retrieving the data from Computer Hard-disk.
➔ Discuss : Retrieving SMS/MMS from mobile after having been deleted.
➔ Discuss : Detecting E-mail Hackers, Website Hackers and Computer Hackers.
➔ Discuss : Tracking of E-mails in locating the criminals

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➔ Discuss : Tracking offences of Electronic Fund Transfer.


➔ Discuss : Tracking offences related to Digital Signature, Software Piracy .
➔ Discuss : Use of Facial Reconstruction and Skull Superimposition Techniques in
crime detection.
➔ Write a note : Voice Identification Technique (Mar-2014, Apr-2016)
✔ Explain : Voice identification technique. (Mar-2015)
➔ Explain in detail the DNA profiling method and its contribution in justice delivery
system in criminal and civil cases with illustration. (Mar-2015)
✔ What is DNA profiling? How it can be done ? Discuss its credential value in civil
as well as criminal cases. (Apr-2016)
✔ Discuss : Evidentiary clue materials : Hair, Body Tissues etc.
✔ Discuss : Parental Identification using DNA Profiling and its Constitutional
validity.
✔ Explain in detail the DNA profiling technique. How it helps the judiciary in civil as
well as criminal cases? Give illustrations. (Apr-2017)
✔ Fully discuss about D.N.A. profiling system. (Mar-2014)
✔ Discuss : Judicial Pronouncements on DNA Profiling.
➔ Discuss about the challenges to the forensic science experts in countering the global
terrorism and cyber terrorism. (Apr-2017)
➔ Explain : Cyber terrorism : Challenge for forensic cyber technicians. (Mar-2015)
✔ Write a note : Cyber Terrorism. (Mar-2014, Apr-2016)

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MODULE-3 ANSWERS :

➔ Explain the major cyber crimes and the forensic cyber crime detection techniques
to detect the same. (Apr-2017)
✔ Discuss in detail how forensic science helps in detection of cyber crime. (Apr-2016)
✔ Fully discuss about Cyber crimes. (Mar-2014)
ANSWER :
✔ Refer :
 http://epgp.inflibnet.ac.in/ahl.php?csrno=16 -
● “6311_et_6311_et_et.pdf”,
● “1516274597fsc_p16_m19_e-text.pdf”

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● “1456989303fsc_p16_m32_e-text.pdf”
 https://www.slideshare.net/HarshitaVed/cyber-law-forensics-63182150
 https://www.slideshare.net/santanukumardas94/cyber-crime-and-forensic
✔ Outline :
 Intro
 What is meant by ‘cyber’ and “cyber crime”?
 Difference between cyber-crime and computer crime
 Distinction between cyber-crimes and conventional crimes
 Cyber criminals and their objectives
 2010 Cost of Cyber Crimes in India
 Classification of Cyber Crimes : <There are obvious overlaps>
● 1. Crimes against Individual : (a) Email spoofing, (b) Spamming, (c) Cyber
defamation, (d) Cyber stalking, (e) Carding, (f) Cheating & Fraud, (g) Assault by
Threat
● 2. Crimes against Property : (a) Credit card fraud, (b) IPR crimes, (c) Internet
time theft, (d) Cyber vandalism, (e) Cyber squatting
● 3. Crimes against Organization : (a) Unauthorized access to computers, (b)
Denial of service, (c) Virus attack, (d) Email bombing, (e) Salami attack, (f)
Logic bomb, (g) Trojan horse, (h) Data didling
● 4. Crimes against Society/ Nation/ Government : (a) Forgery, (b) Cyber
Terrorism, (c) Web jacking, (d) Cyber Warfare, (e) Distribution of pirated
software, (f) Possession of Unauthorized Information
 Combating Cyber Crimes
● A. Preventive Measures for Cyber Crimes
● B. Legal framework-laws & enforcement
● C. Forensic cyber crime detection techniques
 Meaning of Cyber Forensics
 Users of Cyber Forensics
 Procedure used by cyber forensic experts
 Good locations for cyber forensic evidence
 Essentials of cyber forensic cyber evidence
 Limitations of cyber forensic techniques
 Conclusion
✔ Intro :
 Today we live in a world of global connectivity. We can have spontaneous discussion

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or conduct multimillion dollar financial dealings with individuals on the other side of
the planet inexpensively and quickly.
 As internet usage is growing continuously the world is coming closer.
 There is no uncertainty at present that computer-generated environments have
presented new levels of efficacy, connectivity and throughput to businesses of all
types the world over.
 However it has also managed to create a major problem for all the people using the
new virtual world- which is Computer crimes.
✔ What is meant by ‘cyber’ and “cyber crime”?
 According to Merrium Webster dictionary,
● Term ‘cyber’ means “of, relating to, or involving computers or computer
networks (such as the Internet)”.
 “Cyber crime, or computer oriented crime”, is crime that involves a computer and a
network. The computer may have been used in the commission of a crime, or it
may be the target.
 Cybercrimes can be defined as : (by Debarati Halder and K. Jaishankar)
● "Offences that are committed against individuals or groups of individuals
 with a criminal motive
• to intentionally harm the reputation of the victim
• or cause physical or mental harm, or loss, to the victim directly or indirectly,
 using modern telecommunication networks such as Internet and mobile
phones".

 Cybercrime may threaten a person or a nation's security and financial health.


 Issues surrounding these types of crimes have become high-profile, particularly
those surrounding hacking, copyright infringement, unwarranted mass-surveillance,
sextortion, child pornography, and child grooming.
 Cyber-crimes also include criminal activities done with the use of computers which

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further perpetuates crimes,


● viz financial crimes, sale of illegal articles, pornography, online gambling,
intellectual property crime, e-mail, spoofing, forgery, cyber defamation, cyber
stalking, unauthorized access to Computer system, theft of information
contained in the electronic form, e-mail bombing, physically damaging the
computer system etc.
 There are also problems of privacy when confidential information is intercepted or
disclosed, lawfully or otherwise.

 Internationally, both governmental as well as non-state actors engage in


cybercrimes, including espionage, financial theft, and other cross-border crimes.
 Cyberwarfare : Activity crossing international borders and involving the interests
of at least one nation state is sometimes referred to as cyberwarfare.
✔ Difference between cyber-crime and computer crime :
 “Computer Crime” encompasses crimes committed against the computer, the
materials contained therein such as software and data, and its uses as a processing
tool. These include hacking, denial of service attacks, unauthorized use of services
and cyber vandalism.
 “Cyber Crime” describes criminal activities committed through the use of
electronic communications media. One of the greatest concerns is with regard
to cyber-fraud and identity theft through such methods as phishing, pharming,
spoofing and through the abuse of online surveillance technology.
 Note :
● There are also many other forms of criminal behaviour perpetrated through the
use of information technology such as
 harassment, defamation, pornography, cyber terrorism, industrial espionage

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and some regulatory offences.


✔ Distinction between cyber-crimes and conventional crimes :

Cyber Crime Conventional Crime

1 Cybercriminals rely on the Internet via Conventional criminals usually leave


which they commit their crimes, and it traces of a crime, through either
leaves very little evidence about the fingerprints or other physical
cybercrime. Forensic investigators evidences.
usually experience great difficulty in
gathering evidence that could lead to
the conviction of cybercriminals.

2 Cyber criminals can freely change their It is difficult for conventional criminals
identities. The Internet also allows the to fake them gender, race, or age.
anonymity of its users, and this implies
that cybercriminals can use any
pseudonyms for their identification.

3 Since cybercrime involves perpetrators Conventional crimes take shorter time


using falsified names and working from period to investigate because the
remote locations, it usually takes longer criminals usually leave evidence that
to identify the real cybercriminals and can be used to spot them. For
apprehend them. In most cases, instance, Conventional criminals can
cybercriminals (such as hackers) escape leave evidence such as DNA,
from arrest because the investigators fingerprints, photographs and videos
cannot locate them. captured on surveillance cameras, or
personal belongings such as identity
cards, and this makes it easy for
investigators to identify and capture
the culprits. In addition, such
evidence makes it easy for the
judiciary to convict the offenders.

4 Cybercrimes do not require the use of Most of the Conventional crimes (such
any physical force, since the criminals as rape, murder, arson, and burglary
merely use the identities of their victims among others) involve the use of
to steal from them. For ex, cyber excessive physical force that results in
criminals use spoofing and phishing to physical injury and trauma on the
obtain personal information such as victims.
credit card numbers from their victims,
or use encrypted emails to coordinate
violence remotely.

✔ Cyber criminals and their objectives :

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 Ego
 Mischief/ Hacking for fun - to prove their technical skills in breaching digital
security systems.
● Such hackers are not interested in the information they access from hacking
other computers.
 Criminal gain - Money (fraud, extortion, theft) - to defraud their victims by
accessing and manipulating their personal data.
● Such hackers use financial information and passwords of the victims to transfer
their funds into private accounts, and this may result in massive financial losses
to the victims.
 Espionage
 Revenge
 Ideology/ Making statements (hacktivists) - to make ideological or political
points by stealing classified information from business/ organization/ government
databases.
● In most cases, the hackers attack these organizations to protest against
inactivity by the company/ organization/ government in addressing various
issues or perceived injustices perpetrated by them.
 Improving security (blue hat hackers) - Such individuals are usually employed
to identify any vulnerabilities and bugs in the digital security systems of companies.
● This helps the companies in improving the safety of their systems and prevent
attacks by malicious hackers. This is done to find weaknesses, vulnerabilities,
and bugs in computer systems.
 Personal Profit - High Skilled IT professional are attracted by this dark side.
 Curiosity - They start to search for information and end up stealing and selling
 Disgruntled employees - with the increase independence on computers and the
automation of processes, it is easier for disgruntled employees to do more harm to
their employers by committing computer related crimes, which can bring entire
systems down.
✔ 2010 Cost of Cyber Crimes in India : Source : Nortan Cyber Crime Report 2011
 29.9 million people fell victim to cyber crime
 US$ 4 billion in direct losses
 US$ 3.6 billion in time spent to resolve crimes
 80% of cyber users have been a victim of cyber crime
 17% of adults online have experienced cybercrime on their mobile phone
✔ Classification of Cyber Crimes : Major Cyber Crimes :
 Cyber-crime includes a wide range of activities. Generally, however, it may be

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classified into 4 classes :


● <Note : This classification is not water-tight. There are obvious overlaps. Needs
re-work.>
● 1. Crimes against Individual : (a) Email spoofing, (b) Spamming, (c) Cyber
defamation, (d) Cyber stalking, (e) Carding, (f) Cheating & Fraud, (g) Assault by
Threat,
● 2. Crimes against Property : (a) Credit card fraud, (b) IPR crimes, (c) Internet
time theft, (d) Cyber vandalism, (e) Cyber squatting
● 3. Crimes against Organization : (a) Unauthorized access to computers, (b)
Denial of service, (c) Virus attack, (d) Email bombing, (e) Salami attack, (f)
Logic bomb, (g) Trojan horse, (h) Data didling
● 4. Crimes against Society/ Nation/ Government : (a) Forgery, (b) Cyber
Terrorism, (c) Web jacking, (d) Cyber Warfare, (e) Distribution of pirated
software, (f) Possession of Unauthorized Information

✔ 1. Crimes against Individual : There are certain offences which affects the
personality of individuals can be defined as :

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 A. E-mail Spoofing :
● A spoofing mail is the formation of email messages by impersonating
correspondent identity.
● It shows its origin to be different from which actually it originates.
● eg Rajesh Maniyar, a Bachelor learner at Purdue University in Indiana, was under
arrest for threatening to explode a nuclear device in the university campus. The
suspected e- mail was sent from the account of another student to the vice
president for student services.
 Eventually, the e-mail was tracked to be sent from the account of Rajesh
Maniyar.
 B. E-mail Spamming :
● Spam is a message also called as junk mail; send with a web link or business
proposal. Clicking on such a link or replying to commercial offer send to a
phishing website or set up a malware in your workstation.
● The senders of this electronic mail are always unidentified.
● One needs to be conscious to answering these kinds of spam mails because it
may cause some financial and data loss.
 C. Cyber Defamation :
● It is an act of imputing any individual with intention to lower the person in the
estimation of the right-thinking members of society generally or to cause him to
be ignored or side-stepped or to rendering him to hate, disrespect or ridicule.
● Cyber defamation is not different from conventional defamation except the
involvement of a virtual medium.
● E.g. the e-mail account of Rohit was hacked and several-mails were sent from
his account to some of his colleague on the subject of his matter with a girl with
intending to defame him.
 D. Cyber Stalking :
● The Oxford dictionary defines stalking as "pursuing stealthily".
● Cyber stalking involves following a person's movements across the Internet by
posting messages (sometimes threatening) on the bulletin boards frequented by
the victim, entering the chat-rooms visited by the victim, continually attacking
the victim with emails, etc.
 E. Carding :
● It means false ATM cards i.e. Debit and Credit cards used by criminals for their
monetary benefits through withdrawing money from the victim’s bank account
mala-fidely.
● There is always unauthorized use of ATM cards in this type of cybercrimes.

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 F. Cheating & Fraud :


● It means the person who is doing the act of cyber-crime i.e. stealing password
and data storage has done it with having guilty mind which leads to fraud and
cheating.
 G. Assault by Threat :
● Threatening a person with fear for their lives or lives of their families through the
use of a computer network i.e. E-mail, videos or phones.
✔ 2. Crimes against Property : As there is rapid growth in the international trade
where businesses and consumers are increasingly using computers to create, transmit
and to store information in the electronic form instead of Conventional paper
documents. There are certain offences which affects person’s property which are as
follows :
 A. Credit Card Frauds :
● Online fraud and cheating are most money-spinning trades that are rising
nowadays in the cyber space.
● It may have diverse forms. Some of the cases of online fraud and cheating that
are uncovered are those refer to credit card offences, contractual crimes,
offering employment, etc.
● Recently the Court of Metropolitan Magistrate Delhi found guilty a 24-year-old
engineer employed in a call centre, of unfairly getting the details of Campa's
credit card and bought a television and a cordless phone from Sony website.
● Identity Theft :
 Identity theft is where a person gathers your personal information and poses
as you to get credit, merchandise, services, or to use the identity to commit
other crimes.
 They obtain this personal information by phishing, database cracking, or
survey. Survey is seemingly innocent questions about mother's maiden name,
children and pet names, and birth dates that can give access to a surprising
amount of passwords and usernames.
 Once a phisher has your credit card number it can be sold to someone who
then creates a credit card to use on an ATM machine.
 Identity theft is spreading on the internet, but surprisingly it is still safer to
give out your credit card number on the internet then to give it to an unknown
salesperson or waiter.
 97% of all identity theft crimes are caused from offline instances, not online.
 B. Intellectual Property Crimes :
● Intellectual property involves a list of rights. Eg copyright, trademark, design,
patent, etc

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● Any illegal act due to which, the owner is deprived entirely or partly of his IPR is
a crime.
● The very common form of IPR abuse may be known to be software piracy,
copyright infringement, trademark and service mark violation, theft of computer
source code, etc.
● The Hyderabad Court in a land mark judgement has convicted 3 persons and
sentenced them to 6 months custody and fine of 50,000 each for unauthorized
copying and sell of pirated software.
 C. Internet Time Theft :
● Basically, Internet time theft comes under hacking.
● It is the use by an unofficial individual, of the Internet hours paid for by another
individual.
● The individual who gets access to someone else’s ISP user ID and password,
either by hacking or by gaining access to it by unlawful means, uses it to access
the Internet without of the victim person’s knowledge.
 (D) Cyber vandalism :
● Vandalism is "action involving deliberate destruction of or damage to public or
private property".
● A vandal is an executable file, usually an applet or an ActiveX control ,
associated with a Web page that is designed to be harmful, malicious, or at the
very least inconvenient to the user.
● Since such applets or little application programs can be embedded in any HTML
file, they can also arrive as an e-mail attachment or automatically as the result
of being pushed to the user.
● Vandals can be viewed as viruses that can arrive over the Internet stuck to a
Web page.
● Vandals are sometimes referred to as "hostile applets."
● Motive :
 Cyber vandals are individuals who damage information infrastructures purely
for their own enjoyment and pleasure.
 Their primary motivation is not financial; it is the desire to prove that the feat
could be accomplished.
● Once inside they leave their mark so there is no denying their presence.
● Computer vandalism is a type of malicious behaviour that involves damages
computers and data in various ways and potentially disrupting businesses.
● Typical computer vandalism involves the creation of malicious programs
designed to perform harmful tasks such as

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 erasing hard drive data


 or extracting login credentials.
● Computer vandalism differs from viruses, which attach themselves to existing
programs
● Vandals can be harmful in two general ways :
 They can get access to sensitive information within the computer system
where they execute, such as passwords and encryption keys.
 They can cause loss or denial of service within the local computer system. For
example, they can flood the system with data so that it runs out of memory, or
they can slow down Internet connections.
 (E) Cyber squatting :
● The term derives from squatting, the practice of inhabiting someone else's
property without their permission.
● Cyber-squatting is registering, trafficking in, or using a domain name with bad-
faith intent to profit from the goodwill of a trademark belonging to
someone else.
● Although trademark laws may offer some protection, it is often cheaper to buy
the domain name from the cybersquatters than it is to sue for its use.
● How?
• Many cybersquatters reserve common English words, reasoning that sooner
or later someone will want to use one for their Web site.
• Another target is mis-typed spellings of popular web sites.
• Cybersquatters will also regularly comb lists of recently expired domain
names, hoping to sell back the domain name to a registrant who
inadvertently let his domain name expire.
• Since there is an initial and yearly fee for owning a domain name, some
cybersquatters reserve a long list of names and defer paying for them until
forced to - preempting their use by others at no cost to themselves.
 Internet Corporation for Assigned Names and Numbers (ICANN), which
licenses the domain name registrars, is working on a process for resolving
domain name disagreements outside of the regular court system.
 The registry companies are also working on issues related to cyber squatting.
✔ 3. Crimes against Organization :
 A. Unauthorized Access : Hacking :
● This is generally denoted to as ‘Hacking’.
● The Indian law has, however, given a different connotation to the term hacking,
so we will not use the term "unauthorized access" interchangeably with the term

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"hacking" to prevent mis-perception as the term used in the IT Act 2000 of India
is much wider than hacking.
 B. Denial of Service Attack :
● In simple words, Denial-of-Service refers to an act by which a user of any
website or service is denied to use the service or website.
● In this category of cyber-crime, offenders aim the web server of the websites
and flow a large number of requests to that server.
● This causes the use of maximum bandwidth of the website, and it goes slow
down or not available for some times.
● Distributed DoS :
 A distributed denial of service (DoS) attack is accomplished by using the
Internet to break into computers and using them to attack a network.
 Hundreds or thousands of computer systems across the Internet can be turned
into “zombies” and used to attack another system or website.
 Types of DOS : There are three basic types of attack :
• a. Consumption of scarce, limited, or non-renewable resources like NW
bandwidth, RAM, CPU time. Even power, cool air, or water can affect.
• b. Destruction or Alteration of Configuration Information
• c. Physical Destruction or Alteration of Network Components
 C. Virus Attack :
● A computer virus is a type of malware that, when executed, replicates by
implanting the replicas of itself (probably altered) into other computer programs,
data files or the boot sector of the hard drive; when this reproduction proceeds,
the affected zones are then said to be "infected".
● Viruses frequently do certain type of dangerous activity on infected hosts, such
as stealing hard disk space or CPU time, retrieving private information,
corrupting data, displaying radical or funny mails on the user's display,
spamming their links or logging their keystrokes.
 D. Email Bombing :
● In email bombing, a user sending vast numbers of email to target address and
due to this that email address or mail server crashed.
● It feels like Denial-of-service impression.
● It says that spamming is a variant of Email bombing.
 E. Salami Attack :
● A salami attack is when minor attacks make up a major attack which becomes
untraceable because of its nature.
● It is also called as Salami Slicing.

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● Though salami slicing is frequently used to transport unlawful activities, it is only


a plan for gaining an benefit over time by collecting it in small increments, so it
can be used in perfectly legal ways as well.
● The attacker uses an online database to seize the information of customers that
is bank/credit card details deducting very little amounts from every account
above a period of time.
● Due to small amounts, the customers remains unaware of the slicing and hence
no complaint is launched thus keeping the hacker away from detection.
 F. Logic Bomb :
● A logic bomb is a piece of code intentionally inserted into a software system that
will initiate mischievous features under definite conditions.
● For example, a programmer may hide a part of code that starts initiating
deleting files (such as a salary database trigger), should they ever be completed
from the company.
● Software that is inherently malicious, such as viruses and worms, often contain
logic bombs that execute a certain payload at a pre-defined time or when some
other condition is met.
● This technique can be used by a virus or worm to gain momentum and spread
before being noticed.
● Some viruses attack their host systems on particular dates, such as Friday the
13th or April fool’s Day.
● Trojans that trigger on certain dates are frequently known as "time bombs".
 G. Trojan Horse :
● A Trojan horse, or Trojan, in computing is a non-self-duplicating kind of malware
program comprising malicious code that, when implemented, carries out actions
determined by the nature of the Trojan, usually causing damage or stealing of
data, and likely system damage.
● The term is derived from the tale of the wooden horse used to trick defenders of
Troy into taking concealed warriors into their city in ancient Greece, because
computer Trojans often hire a form of social engineering, representing
themselves as routine, valuable, or interesting in order to encourage victims to
install them on their computers.
● A Trojans generally acts as a backdoor, communicating a supervisor that can
then have unlawful access to the affected computer.
● The Trojan and exits are not themselves easily noticeable, but if they carry out
substantial computing or communications activity may cause the computer to
run noticeably slowly.
 H. Data Diddling :

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● Data Diddling is illegal modifying of data.


● When an individual enters some data to his system and output is different from
input then he may victim of data diddling.
● It is done by a virus program that changes the entered data.
✔ 4. Crimes against Society/ Nation/ Government : There are certain offences
done by group of persons intending to threaten the international governments by
using internet facilities. It includes :
 A. Forgery :
● When a perpetrator alters documents saved in electronic form, the crime
committed may be forgery.
● In this instance, computer systems are the target of criminal activity.
● Computers, though, can also be used as tools with which to commit forgery.
● A new generation of fake modification or forging arose when electronic color
laser duplicators became accessible.
● These duplicators are capable of high-resolution repetition, alteration of
documents, and even the formation of false documents without getting an
original, and they form documents whose quality is not differentiated from that
of authentic documents except by an expert.
 B. Cyber Terrorism :
● <Search “Meaning of Cyber Terrorism” in this doc>
 C. Web Jacking :
● The word ‘Web Jacking’ comes from Hijacking.
● In this type of cyber-crime, the cyber-criminals hacks the control of a website.
● They may able to change the content of that website.
● They may use that website as owner and the real owner of website has no more
control on the website.
● Sometime attackers ask for ransom to the owner of the website.
 D. Cyber Warfare :
● It refers to politically motivated hacking to conduct sabotage and espionage.
● It is a form of information warfare sometimes seen as analogous to conventional
warfare although this analogy is controversial for both its accuracy and its
political motivation.
 E. Distribution of pirated software :
● It means distributing pirated software from one computer to another intending
to destroy the data and official records of the government.
 F. Possession of Unauthorized Information :

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● It is very easy to access any information by the terrorists with the aid of internet
and to possess that information for political, religious, social, ideological
objectives.
✔ Combating Cyber Crimes :
● A. Preventive Measures for Cyber Crimes :
● B. Legal framework-laws & enforcement :
● C. Forensic cyber crime detection techniques :
 A. Preventive Measures for Cyber Crimes : Prevention is always better than cure. A
netizen should take certain precautions while operating the internet and should
follow certain preventive measures for cyber-crimes which can be defined as :
● Identification of exposures through education about cyber crimes will assist
responsible companies and firms to meet these challenges.
● One should avoid disclosing any personal information to strangers via e-mail or
while chatting.
● One must avoid sending any photograph to strangers by online as misusing of
photograph incidents increasing day by day.
● An update Anti-virus software to guard against virus attacks should be used by
all the netizens and should also keep back up volumes so that one may not
suffer data loss in case of virus contamination.
● A person should never send his credit card number to any site that is not
secured, to guard against frauds.
● It is always the parents who have to keep a watch on the sites that your children
are accessing, to prevent any kind of harassment or depravation in children.
● Web site owners should watch traffic and check any irregularity on the site . It is
the responsibility of the web site owners to adopt some policy for preventing
cyber-crimes as number of internet users are growing day by day.
● Web servers running public sites must be physically separately protected from
internal corporate network.
● It is better to use a security programmer by the body corporate to control
information on sites.
● Strict statutory laws need to be passed by the Legislatures keeping in mind the
interest of netizens.
● IT department should pass certain guidelines and notifications for the protection
of computer system and should also bring out with some more strict laws to
breakdown the criminal activities relating to cyberspace.
● As Cyber Crime is the major threat to all the countries worldwide, certain steps
should be taken at the international level for preventing the cybercrime.
● A complete justice must be provided to the victims of cyber-crimes by way of

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 compensatory remedy and offenders to be punished with highest type of


punishment so that it will anticipate the criminals of cyber-crime.
● Preventive technological measures : Wide spread use of Public key cryptography,
Digital signatures, Firewalls, honey pots.
 B. Legal framework-laws & enforcement :
● Information Technology Act 2008 (IT Act 2008) :
 Objectives :
• Create effective cyber crime laws
• Develop acceptable practices for search and seizure
• Handle jurisdiction issues
• Cooperate with international investigations
• Establish effective public/private sector interaction
 Important sections of IT Act 2008 :
• Sec-65 – Tempering with computer source documents
• Sec-66 – Computer related offences
• Sec-66A – punishment for sending offensive messages through
communication services etc.
• Sec-66B – Punishment for dishonestly receiving stolen computer resources
or communication devices
• Sec-66C – Punishment for identity theft
• Sec-66D – Punishment for cheating by personation by using computer
device
• Sec-66E – Punishment for violation of privacy
• Sec-66F – punishment for cyber terrorism
• Sec-67 – punishment for publishing or transmitting obscene material in
electronic form
 C. Forensic cyber crime detection techniques :
● Forensic cyber crime detection is particularly challenging because,
 in the virtual world, the crime scene may not be well defined and may
not be easy to delineate.
 When a crime scene is not clearly defined, the relevant jurisdiction is not
easy to identify.
● Meaning of Cyber Forensics :
 Cyber/computer forensics is,
• the application of investigation and analysis techniques

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• to gather and preserve evidence from a particular computing device


• in a way that is suitable for presentation in a court of law.
 The goal of computer forensics is to perform a structured investigation while
maintaining a documented chain of evidence to find out exactly what
happened on a computing device and who was responsible for it.
 Two basic types of data are collected in computer forensics.
• Persistent data is the data that is stored on a local hard drive (or another
medium) and is preserved when the computer is turned off.
• Volatile data is any data that is stored in memory, or exists in transit, that
will be lost when the computer loses power or is turned off. Volatile data
resides in registries, cache, and random access memory (RAM). Since
volatile data is ephemeral, it is essential an investigator knows reliable ways
to capture it.
● Users of Cyber Forensics :
 Civil/ Defence departments of Governments
 Law Enforcement Officials
 Criminal Prosecutors
 Corporations
 Insurance Companies
 Civil litigators
 Individuals

● Procedure used by cyber forensic experts : Forensic investigators typically (not


always) follow a standard set of procedures :
 After physically isolating the device in question to make sure it cannot be
accidentally contaminated; investigators make a digital copy of the device's
storage media.

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 Once the original media has been copied, it is locked in a safe or other secure
facility to maintain its pristine condition. All investigation is done on the digital
copy.
 Investigators use a variety of techniques and proprietary software forensic
applications to examine the copy, searching hidden folders and unallocated
disk space for copies of deleted, encrypted, or damaged files.
 Any evidence found on the digital copy is carefully documented in a "finding
report" and verified with the original in preparation for legal proceedings that
involve discovery, depositions, or actual litigation.
 Note : Preference is given to perform investigations on static data (i.e.
acquired images) rather than "live" systems. This is a change from early
forensic practices where a lack of specialist tools led to investigators commonly
working on live data.
● Good locations for cyber forensic evidence :
 1) Internet History Files
 2) Temporary Internet Files
 3) Slack/ Unallocated Space
 4) Buddy lists, personal chat room records, P2P, others saved areas
 5) News groups/club lists/posting
 6) Settings, folder structure, file names
 7) File Storage Dates
 8) Software/ Hardware added
 9) File Sharing ability
 10) E-mails
● Essentials of cyber forensic evidence :
 Admissible :
• Must be able to be used in court or elsewhere.
 Authentic
• Evidence relates to incident in relevant way.
 Complete
• Exculpatory evidence for alternative suspects.
 Reliable
• No question about authenticity & veracity.
 Believable
• Clear, easy to understand, and believable by a jury.

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● Limitations of cyber forensic techniques :


 It may happen in some cases that the privacy of the client is compromised.
 There are also the chances of introduction of some malicious programs in the
computer system that may corrupt the data at a later stage of time.
 Business operations may be affected IF the data is in dispute and neither of
the disputing parties can use the data.
 Producing electronic records & preserving them is very costly.
 Legal practitioners must have extensive computer knowledge and vice versa.
● Example of cyber forensic technique :
 Steganography : https://en.wikipedia.org/wiki/Steganography :
• Steganography is a techinque to hide information in an image/ picture.
• One of the techniques used to hide data is via steganography, the process of
hiding data inside of a picture or digital image.
• Eg Hide pornographic images of children or other information that a given
criminal does not want to have discovered.
• While the image appears exactly the same, the hash changes as the data
changes.
• Computer forensics professionals can fight this by looking at the hash of
the file and comparing it to the original image (if available).
✔ Conclusion :
 Where is the line between ethical hacking/penetration testing and cyber crime?
 How can we create legislation that restricts and allows us to investigate and
prosecute illegal activities while protecting the valuable ability of ethical hackers?
 Especially significant in the cybercrime area are hacking, viruses, digital espionage,
and cyber terrorism.

This is Module-3. Menu ---> CONTENTS | Module-1 | Module-2 | Module-3 |


GO TO MODULE-3 QUESTIONS.
GO TO CONTENTS.

➔ Discuss : Retrieving the data from Computer Hard-disk.


✔ Discuss : Retrieving SMS/MMS from mobile after having been deleted.
✔ Discuss : Detecting E-mail Hackers, Website Hackers and Computer Hackers.
✔ Discuss : Tracking of E-mails in locating the criminals
✔ Discuss : Tracking offences of Electronic Fund Transfer.

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✔ Discuss : Tracking offences related to Digital Signature, Software Piracy.


ANSWER :
✔ Refer :
 <work on this>
✔ Retrieving the data from Computer Hard-disk :

✔ Retrieving SMS/MMS from mobile after having been deleted :

✔ Detecting E-mail Hackers, Website Hackers and Computer Hackers :

✔ Tracking of E-mails in locating the criminals :

✔ Tracking offences of Electronic Fund Transfer :

✔ Tracking offences related to Digital Signature, Software Piracy :

✔ Cyber/ Computer Forensics tools :
 https://www.slideshare.net/HarshitaVed/cyber-law-forensics-63182150
 Disk Forensics tools :
● CyberCheck Suite : CyberCheck Suite is a comprehensive collection of disk
forensics tools to perform data acquisition of digital evidence, analysis, data
recovery and reporting
● TrueBack : Digital Evidence Seizure and Acquisition Tool
● CyberCheck : Data Recovery & Analysis Tool
 Mobile Forensics Tools :
● MobileCheck : Software solution for acquisition and analysis of mobile phones,
smart phones, Personal Digital Assistants (PDA) and other mobile devices,
● Advik CDRAnalyzer : Software for analyzing Call Data Records of various
service providers
● SIMXtractor : Forensic solution for imaging and analyzing SIM cards.
 Live Forensics Tool : Live Forensics involves acquisition of volatile data from the
Suspect's machine and analysis of the acquired data.
● Win-LiFT : Software solution for acquisitions and analysis of volatile data
present in running Windows systems.
 Win-LiFT 2.0 is a Windows Based Live Forensics Tool consisting of Win-LiFT

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ImagerBuilder and Win-LiFT Analyzer.


 Win-LiFT 2.0 enables volatile data acquisition
 Features :
• Facility to enter case details
• Facility to select/deselect the list of volatile artifacts to be collected from the
Suspect's system.
• Facility to select USB/Hard Disk drive to which the Win-LiFTImager tool is to
be built.
● Win-LiFTImager - Forensic Volatile Data Acquisition Tool
 Win-LiFTImager is used for acquiring customized Live Forensics Data from
Suspect's machine.
 Features
• Capturing following volatile artifacts from a running windows system to the
USB device.
• System Information Stored Passwords
• System Users Screen Capture
• IP Configuration and Event Logs
• MD5 hashing of all acquired files. Log and Report Generation.
 Network Forensics Tools :
● NetForce Suite : NeSA - Packet Analysis Tool,
● CyberInvestigator : Log Analysis Tool
● EmailTracer : Email Tracing Tool
 PC Inspector File Recovery :
● PC Inspector File Recovery is a freely available forensic tool. This tool serves two
main purposes.
 Firstly, to reveal the contents of all storage media attached to the computer
system and,
 secondly, to recover any deleted data from the media.
 Encase® :
● Encase is a commercial forensic tool developed by Guidance Software.
● It was introduced to the forensics market in 1998.
● Encase’s functionalities include,
 disk imaging, data verification and data analysis.
● An important feature is the recovery of data through the inspection of
unallocated spaces. We must remember that these unallocated spaces could

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contain information relevant to an investigation.


● Vital information such as last access, time created, and last modifications of a
file are all provided by this tool.
 Forensic Tool Kit :
● Forensic Tool Kit is a commercial forensics tool developed by AccessData.
● This tool allows the CFS to view all files on the chosen storage device.
● A function of this tool includes immediate generation of hash values for files that
are viewed within an investigation.

This is Module-3. Menu ---> CONTENTS | Module-1 | Module-2 | Module-3 |

➔ Discuss : Use of Facial Reconstruction and Skull Superimposition Techniques in


crime detection.
ANSWER :
✔ Refer :

This is Module-3. Menu ---> CONTENTS | Module-1 | Module-2 | Module-3 |

➔ Write a note : Voice Identification Technique (Mar-2014, Apr-2016)


✔ Explain : Voice identification technique. (Mar-2015)
ANSWER :
✔ Refer :
 https://www.scientificamerican.com/article/voice-analysis-should-be-used-with-
caution-in-court/
 http://cs.uef.fi/odyssey2014/downloads/Odyssey_Keynote_Campbell_20140616_fi
nal_v3.pdf - Speaker Recognition for Forensic Applications
 Certain features of voice like stammering, nasal twang, husky etc. may be
important in identification of a person.
 <work on this>

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➔ Explain in detail the DNA profiling method and its contribution in justice delivery
system in criminal and civil cases with illustration. (Mar-2015)
✔ What is DNA profiling? How it can be done ? Discuss its credential value in civil

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as well as criminal cases. (Apr-2016)


✔ Discuss : Evidentiary clue materials : Hair, Body Tissues etc.
✔ Discuss : Parental Identification.
✔ Explain in detail the DNA profiling technique. How it helps the judiciary in civil as
well as criminal cases? Give illustrations. (Apr-2017)
✔ Fully discuss about D.N.A. profiling system. (Mar-2014)
✔ Discuss : Judicial Pronouncements on DNA Profiling.
ANSWER :
✔ Refer :
 https://en.wikipedia.org/wiki/DNA
 https://en.wikipedia.org/wiki/DNA_profiling
 https://en.wikipedia.org/wiki/Forensic_science
 http://shodhganga.inflibnet.ac.in/bitstream/10603/70232/7/chapter3.pdf
 https://en.wikipedia.org/wiki/DNA_paternity_testing
 http://shodhganga.inflibnet.ac.in/bitstream/10603/38033/12/11_chapter%205.pdf
 https://www.scribd.com/doc/202008655/Rajesh-Bardale-Principles-of-Forensic-
Medicine-and-Toxicology
✔ What is DNA profiling?
 One of the latest growing and most reliable modes of investigation in forensic
science is DNA profiling.

 What is DNA?
● DNA is the abbreviation of the term, “Deoxyribo Nucleic Acid”.
● It is an organic substance which is found in every living cell and which gives an
individual genetic blue print.
● DNA is a thread-like chain of nucleotides carrying the genetic instructions used in
the growth, development, functioning and reproduction of all known living
organisms and many viruses.
✔ Origin of DNA Profiling :
 1869 : DNA was first isolated by Friedrich Miescher.
 1953 : Molecular structure of DNA (DNA double helix) was first identified by James
Watson and Francis Crick at the Cavendish Laboratory within the University of
Cambridge,
 1984- Forensic DNA analysis was first used in 1984. It was developed by Sir Alec
Jefferys, who realized that variation in the genetic code could be used to identify
individuals and to tell individuals apart from one another.

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 The first application of DNA profiles was used by Jefferys in a double murder
mystery in a small England town called Narborough, Leicestershire.
● In 1985, a 15-year-old school girl by the name of Lynda Mann was raped and
murdered in Carlton Hayes psychiatric hospital. The police did not find a suspect
but were able to obtain a semen sample.
● In 1986, Dawn Ashworth, 15 years old, was also raped and strangled in a nearby
village of Enderby.
 Forensic evidence showed that both killers had the same blood type.
 Richard Buckland became the suspect because he worked at Carlton Hayes
psychiatric hospital, had been spotted near Dawn Ashworth's murder scene and
knew unreleased details about the body. He later confessed to Dawn's murder but
not Lynda's.
 Sir Alec Jefferys was brought into the case to analyze the semen samples.
● He concluded that there was no match between the samples and Buckland, who
became the first person to be exonerated using DNA.
 Jefferys confirmed that the DNA profiles were identical for the two murder semen
samples.
 To find the perpetrator, DNA samples from the entire male population, more than
4,000 aged from 17 to 34, of the town were collected.
 They all were compared to semen samples from the crime.
 A friend of Colin Pitchfork was heard saying that he had given his sample to the
police claiming to be Colin.
● Colin Pitchfork was arrested in 1987 and it was found that his DNA profile
matched the semen samples from the murder.
 Because of this case, DNA databases were developed.
 Now, there is the national (FBI) and international databases as well as the
European countries (ENFSI : European Network of Forensic Science Institutes).
● These searchable databases are used to match crime scene DNA profiles to
those already in a database.
✔ What can be used for DNA profiling ? Evidentiary clue materials :
 DNA can be obtained from a wide variety of sources like,
● buccal swab (Buccal means cheek or mouth, swab means absorbent pad or
material to take speciman),
● blood,
● semen,
● bone,
● saliva,

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● hair,
● vaginal lubrication,
● appropriate fluid or tissue from personal items (e.g. a toothbrush, razor),
● stored samples (e.g. banked sperm or biopsy tissue)
 Above listed samples obtained from blood relatives (related by birth, not marriage)
can also provide an indication of an individual's DNA profile, as could human
remains that had been previously profiled.
✔ Method/ procedure of DNA profiling :
 https://allaboutdnafingerprinting.weebly.com/steps-of-dna-fingerprinting.html
 Developed by Professor of Genetics Sir Alec Jeffreys, the process begins with a
sample of an individual's DNA (typically called a "reference sample").
 A common method of collecting a reference sample is the use of a buccal swab
(Buccal means cheek or mouth, Swab means absorbent pad or material to take
speciman), which is easy, non-invasive and cheap.
 DNA fingerprinting involves a number of intensive and important steps in order to
fully complete and develop and DNA fingerprint.
 There are many techniques for DNA fingerprinting. Typical process for DNA profiling
using RFLP Analysis (Restriction fragment length polymorphism) is as follows :

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● The process of DNA fingerprinting starts with isolating DNA from any part of the
body such as blood, semen, vaginal fluids, hair roots, teeth, bones, etc.
● Polymerase chain reaction (PCR) is the next step : In a test tube, the DNA and
the cells will undergo DNA replication in order to make more DNA to be tested.
● The scientist will treat DNA with restriction enzymes (an enzymes that cuts DNA
near specific recognition nucleotide sequences known as restriction sites).
 This will produce different sized fragments which are known as restriction
fragment length polymorphisms (RFLPs).
 These fragments can then be observed doing an experiment called gel
electrophoresis which separates DNA based on fragment sizes.
● Gel electrophoresis : An electrical current is applied to a gel mixture, which
includes the samples of the DNA. The electric current separates the molecules of
different sizes.
 The fragments of separated DNA are sieved out of the gel using a nylon
membrane (treated with chemicals that allow for it to break the hydrogen

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bonds of DNA so there are single strands).


● The DNA (single stranded) is cross-linked against the nylon using heat or a UV
light.
● In the end it leaves dark spots on the film which are also known as the DNA
patterns of bands of a person.
 The pattern of bands are different because we are all different and unique
(other than identical twins).
● Once the filter is exposed to the x-ray film, the radioactive DNA sequences are
shown and can be seen with the naked eye.
 This creates a banding pattern or what we know as DNA fingerprints. This
technique is called southern blotting.
✔ Importance of DNA Profiling :
 Parental Identification using DNA Profiling and its Constitutional validity.
● <Read this from Module-2 ---> “Discuss : Legality and Constitutional validity of
Forensic Science techniques”>
 In Rajiv Gandhi Murder Case, the DNA samples of alleged assassin Dhanu were
compared with her relatives, which gave conclusive proof about her being involved
in the gruesome attack.
 Similarly in the famous Tandoor murder case, the DNA samples of the victim Naina
Sahni were compared with that of her parents to establish her identity.

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➔ Discuss about the challenges to the forensic science experts in countering the global
terrorism and cyber terrorism. (Apr-2017)
ANSWER :
✔ Refer :

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➔ Explain : Cyber terrorism : Challenge for forensic cyber technicians. (Mar-2015)


✔ Write a note : Cyber Terrorism. (Mar-2014, Apr-2016)
✔ Discuss about the challenges to the forensic science experts in countering the global
terrorism and cyber terrorism. (Apr-2017)

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ANSWER :
✔ Refer :
 https://www.slideshare.net/HarshitaVed/cyber-law-forensics-63182150
✔ Intro :

✔ Meaning of Cyber Terrorism :
 Who is a terrorist?
● A terrorist means a person who indulges in wanton killing of persons or in
violence or in disruption of services or means of communications essential to the
community or in damaging property with the view to –
 (1) Putting the public or any section of the public in fear; or
 (2) Affecting adversely the harmony between different religious, racial,
language or regional groups or castes or communities; or
 (3) Coercing or overawing the government established by law; or
 (4) Endangering the sovereignty and integrity of the nation,
 Who is a cyber terrorist?
● And a cyber-terrorist is the person who uses the computer system as a means or
ends to achieve the above objectives.
 Cyber terrorism may be defined as,
● “the planned use of disorderly activities, or the danger thereof,
● in cyber space,
● with the intention to further social, philosophical, religious, political or analogous
objectives, or to threaten any person in persistence of such objectives”
 Cyberterrorism can be also defined as,
● the intentional use of computer, networks, and public internet to cause
destruction and harm for personal objectives.
● Objectives may be political or ideological since this can be seen as a form of
terrorism.
✔ Distinction between cyber terrorism and cyber-crime :
 Both are criminal acts. Though there is a compelling necessity to differentiate
between both these crimes.
 A cyber-crime is usually a domestic subject, which may have worldwide
significances;
● while, cyber terrorism is an international concern, which has domestic as well as
international consequences.
✔ Common forms of cyber terrorist attacks :

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 dispersed denial of service attacks,


 hate websites and hate mails,
 attacks on delicate computer networks, etc.
✔ Need to work against cyber terrorism :
 Cyber terrorism activities endanger the sovereignty and integrity of the nation .
 Technology savvy terrorists are using 512-bit encryption that is not possible to
decrypt.
 The new example may be quoted of – Osama Bin Laden, the LTTE, attack on
America’s army deployment system during Iraq war.
✔ Following 3 levels of cyber-terror capability as defined by Monterey group :
 1. Simple-Unstructured :
● The capability to conduct basic hacks against individual systems using tools
created by someone else.
● The organization possesses little target analysis, command and control, or
learning capability.
 2. Advanced-Structured :
● The capability to conduct more sophisticated attacks against multiple systems or
networks and possibly, to modify or create basic hacking tools.
● The organization possesses an elementary target analysis, command and
control, and learning capability.
 3. Complex-Coordinated :
● The capability for a coordinated attack capable of causing mass-disruption
against integrated, heterogeneous defenses (including cryptography).
● Ability to create sophisticated hacking tools.
● Highly capable target analysis, command and control, and organization learning
capability.
✔ Examples :
 In March 2013, the New York Times reported on a pattern of cyber-attacks against
U.S. financial institutions believed to be instigated by Iran as well as incidents
affecting South Korean financial institutions that originate with the North Korean
government.
 In August 2013, media companies including the New York Times, Twitter and the
Huffington Post lost control of some of their websites Tuesday after hackers
supporting the Syrian government breached the Australian Internet company that
manages many major site addresses. The Syrian Electronic Army, a hacker group
that has previously attacked media organizations that it considers hostile to the
regime of Syrian president Bashar al-Assad, claimed credit for the Twitter and

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Huffington Post hacks in a series of Twitter messages. Electronic records showed


that NYTimes.com, the only site with an hours-long outage, redirected visitors to a
server controlled by the Syrian group before it went dark.
 Pakistani Cyber Army is the name taken by a group of hackers who are known for
their defacement of websites, particularly Indian, Chinese, and Israeli companies
and governmental organizations, claiming to represent Pakistani nationalist and
Islamic interests.
● The group is thought to have been active since at least 2008, and maintains an
active presence on social media, especially Facebook.
● It's members have claimed responsibility for the hijacking of websites belonging
to Acer, BSNL, CBI, Central Bank, and the State Government of Kerala.
✔ WHY do bad people use cyber-terrorism? Cyberterrorism is an attractive option for
modern terrorists for several reasons.
 First, it is cheaper than traditional terrorist methods.
● All that the terrorist needs is a personal computer and an online connection.
● Terrorists do not need to buy weapons such as guns and explosives;
 instead, they can create and deliver computer viruses through a telephone
line, a cable, or a wireless connection.
 Second, cyberterrorism is more anonymous than traditional terrorist methods .
● Like many Internet surfers, terrorists use online nicknames—”screen names”—or
log on to a website as an unidentified “guest user,” making it very hard for
security agencies and police forces to track down the terrorists’ real identity.
● And in cyberspace there are no physical barriers such as checkpoints to
navigate, no borders to cross, and no customs agents to outsmart.
 Third, the variety and number of targets are enormous .
● The cyberterrorist could target the computers and computer networks of
governments, individuals, public utilities, private airlines, and so forth.
● The sheer number and complexity of potential targets guarantee that terrorists
can find weaknesses and vulnerabilities to exploit.
● Several studies have shown that critical infrastructures, such as electric power
grids and emergency services, are vulnerable to a cyberterrorist attack because
the infrastructures and the computer systems that run them are highly complex,
making it effectively impossible to eliminate all weaknesses.
 Fourth, cyberterrorism can be conducted remotely, a feature that is especially
appealing to terrorists.
● Cyber terrorism requires less physical training, psychological investment, risk of
mortality, and travel than conventional forms of terrorism, making it easier for
terrorist organizations to recruit and retain followers.

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 Fifth, as the I LOVE YOU virus showed, cyberterrorism has the potential to affect
directly a larger number of people than traditional terrorist methods, thereby
generating greater media coverage, which is ultimately what terrorists want.

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*** End-of-Compilation ***


Source : Public domain print/ internet contents.
URLs of some such resources are listed herein above.
Credits/ copyrights duly acknowledged.

Suggested Readings :
➔ Sharma B. R., Forensic Science in Criminal Investigation & Trials, Universal Law
Publishing Co.
➔ Sharma B. R., Law Relating to Handwriting Forensics, Universal Law Publishing
➔ Nanda B.B. & Tewari R. K., Forensic Science in India: A Vision for 21 Century, Select
Publisher, New Delhi
➔ Tewari R. K., Shashtri P. K. & Ravikumar K. V. Computer Crime & Computer Forensics,
Select Publications
➔ Dr. Veerraghavan, Handbook of Forensic Psychology
➔ Dr. Rukmani Krishnamurthy Crime Scene Management with Special Emphasis on
National Level Crime Cases
➔ Parikh, Text Book of Medical Jurisprudence, Forensic Medicine and Toxicology
➔ Abhijeet Sharma, Guide to DNA Test in Paternity Determination and Criminal
Investigation (A Lawyer's Handbook), Butterworths
➔ Modi's Medical Jurisprudence and Toxicology, Butterworths Publication

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