RESEARCH PROJECT ON

EXAMINATION OF PHYSICAL EVIDENCE: A DETAILED STUDY

SYMBIOSIS INTERNATIONAL UNIVERSITY

Submitted by

SULAGNA DUTTA
PRN-17010323124, DIV-B, BATCH-2017-2022
Symbiosis Law School, Hyderabad,
Symbiosis International (Deemed) University, Pune.
In

March, 2020.

Under the Guidance of

Prof. Hifajatali Hidayatali Sayyed
Assistant Professor
Symbiosis Law School, Hyderabad,
Symbiosis International (Deemed) University, Pune.

FORENSIC SCIENCE

2
 CERTIFICATE

The project titled “Examination of Physical Evidences: A Detailed Study” submitted to the
Symbiosis Law School, Hyderabad for Forensic Science as part of Internal Assessment is
based on my original work carried out under the guidance of Mr. Hifajatali Hidayatali Sayyed
from December to March 2020. The Research work has not been submitted elsewhere
forward of any degree.

The material borrowed from other sources and incorporated in the research paper has been
duly acknowledged.

I understand that I myself would be held responsible and accountable for plagiarism, if any
detected later on.

Signature of the Candidate

(Sulagna Dutta)

Date: 08th March 2020

3
 AKNOWLEDGEMENT

We would like to express my sincere gratitude and indebtedness to for his enlightening
lectures. We would also like to express my sincere gratitude to our teaching staff Mr.
Hifajatali Hidayatali Sayyed for guiding me the path towards gaining knowledge.

We would like to thank the Library Staff of Symbiosis Law School, Hyderabad as well for
their cooperation.

We would also like to thank my batch mates and seniors who inspired, helped and guided me
in making this project.

4
 TABLE OF CONTENTS

CHAPTERISATION…………………………………………………………5

CHAPTER 1
Introduction…………………………………………………………………………………7
Research Objectives………………………………………………………………………...8
Research Questions…………………………………………………………………………8
Research Methodology……………………………………………………………………...9
Literature Review…………………………………………………………………………...9

CHAPTER 2

Definition and explaining the scope of Physical

evidences…………………………………………………………………..………………..11

CHAPTER 3

Types of Physical Evidences………………………………………………………………13

CHAPTER 4:

Challenges and loopholes in the existing mechanism of collection of physical

evidences……………………………………………………………………………………21

CHAPTER 5

CONCLUSION……………………………………………………………22

REFERENCES………………………………………………………………23

5
 TABLE OF CASES

1. Uttar Pradesh v. Sunil (2017) 14 SCC 516.

2. Murali Lal v. State of Madhya Pradesh AIR 1980 SC 531.

3. Lalit Popli v. Canara Bank (2002) 3 SCC 583.

4. Pritam Singh v. State of Punjab, AIR 1956 SC 415

5. Kamlakar v. State of Mahrashtra AIR 2019 SC 2952.

6. Sunil Chandra Roy v. State of West Bengal AIR 1954 Cal 305.

7. Suleman Usnan Menon v. State of Gujarat, (1961) 2 Cr. LJ 78.

8. Basant Rao Baji Rao v. State 1950 Cr LJ 181 (Ngp.)

6
 CHAPTERISATION
CHAPTER 1: Introduction, Research Objectives, Research Questions, Research
Methodology, Literature Review

This chapter deals with creating a proper foundation for the research and highlighting its
objectives, the questions that have been sought to answer through the research, explaining the
methodology for doing so and elucidating on the sources used for legitimising the
observations made and information collected for the research.

CHAPTER 2: Definition and explaining the scope of Physical evidences

This chapter attempts at providing an acceptable meaning and definition to the subject of the
research, that is, physical evidences. It aims to create a trail of the development in the field,
along the lines of history. Through such evaluation, the development of crime scene
investigation with respect to forensic science has been used to define the limits of its
boundaries, to a reasonable extent.

CHAPTER 3: Different types of Physical Evidences

This chapter discusses the various forms in which physical evidence can be retrieved from the
scene of the crime. Such forms and types may include physical evidence in the form of
impressions, gun residue, hair, body fluids and so on. The various ways to collect and
preserve these evidences is different and such evidences differentiate one crime scene from
the others and thus is of vital importance in ascertaining the true perpetrator of the offense.

CHAPTER 4: Challenges and loopholes in the existing mechanism of collection of physical

evidences.

This chapter explores the possible threats, risk and challenges that are faced in the present
status of criminal justice system during the conduct of crime scene investigation and trials
before the courts due to hampered preservation and tampering of evidences before it reaches
the hold of the forensic experts which majorly is caused due to lack of knowledge on how to
handle such pieces of evidences.

7
CHAPTER 5: Conclusion
This chapter basically deals with the concluding comments on the aforementioned topic and
the suggestive changes that should be incorporated to make the system of investigation and
trials more hassle free and full proof so as to prevent any kind of misinterpretations and
wrong conclusions about the crime committed.

8
 CHAPTER I
INTRODUCTION
Physical evidence in forensic science is one of the most crucial aspects drawn out of the
scene of occurrence of the crime. It is usually the first important break-through in the
investigation of a crime. The kind of evidence that is of tangible nature and can be hand-
picked from the scene of the crime for investigation by the Police and to ascertain the identity
of the offender is referred to as Physical Evidence. Physical evidence can be of great
relevance in drawing conclusions about the time of occurrence of the crime, the person who
is behind the occurrence of the same and so on. Since crime scene management and
investigation undertaken by the investigation experts and physical evidence gives a major
break-through in such cases. The search for physical evidence is accompanied by with other
processes of investigation like documentation of such evidences, collection, preservation,
integrity and chain of custody of the physical evidence thus obtained. The most important
role for the retraction of physical evidence from the crime scene is that of the Investigation
Officer. It is the duty of such officer to collect the physical evidence by barricading the crime
scene and documenting such evidence with the aid of the witnesses who are associated with
the crime committed. The examination of physical evidence by the experts in many cases
have also been used as the sole factor to ascertain the offender of the law. Forensic experts,
medico legal experts, senior police officers and experts in various other fields have to
contribute into the investigation of the physical evidences retrieved from the scene of crime
to draw conclusions about the crime. The goal of the evidence-collection stage is to find,
collect and preserve all physical evidences which can be inferred to recreate the crime scene
and identify the perpetrator of the crime thus committed in a manner that will stand up in
Court. Such evidence may be found in any form namely trace evidence (broken glass, gun
residue, drugs, etc.), body fluids, hair, impressions, firearms and weapons used to commit the
crime and so on. The role of professionals in the collection and investigation of physical
evidences stands as a vital part of any investigation in natural mishap or accidental events
associated to buildings and such other things. Similarly, Forensic scientists and Medico-legal
doctors have been specially trained to retrieve conclusions from the scientific physical
evidences and reduce such observations in the form a report that form a major part of the
Prosecution case in Court. Since every crime is different from the others, there has to be a
meticulous search for each one of them and what differentiated each one from the other is the
physical evidence retrieved from the scene of the occurrence of the crime which are further
examined through various kits and mechanisms. Physical evidence is thus an inevitable part
to go further with the investigation of a criminal trial.

9
 RESEARCH OBJECTIVES
1. TO STUDY the scope of physical evidences with regard to the branch of forensic
science and its various forms.

2. TO ANALYSE the gaps between collection of Physical evidence and crime scene
investigation.

3. TO DRAW the existing loopholes in the present mechanism of crime scene

investigation with special reference to Physical evidence collection?

4. TO SUGGEST the changes that should be incorporated into the criminal justice
system to prevent unhampered collection of Physical evidence to ascertain the actual
perpetrator of the crime.

This research paper aims fulfil the above mentioned objectives and answer the points of
inquiry that arises in the mind of the layman reader on this topic. Efforts have been
made to provide an explicit and unambiguous picture before the reader regarding the
cracks and depths of the topic through a descriptive and critical approach that will help
him or her to analyse and comprehend the same better.

RESEARCH QUESTIONS

1. What is the scope of physical evidences with regard to the branch of forensic
science and the types in which it can be retrieved from the scene of occurrence?

2. What are the gaps between collection of Physical evidence and crime scene
investigation?

3. Whether there are any loopholes in the present mechanism of crime scene
investigation with special reference to Physical evidence collection? If yes what are
the challenges to the same?

4. What are the suggestive changes that should be incorporated into the criminal
justice system to facilitate unhampered collection of Physical evidence to ascertain
the actual perpetrator of the crime?

This paper aims to answer the aforementioned questions with an in depth analysis into the
various aspects associated with the arena of physical evidences and its collection and

10
preservation which can be inferred to recreate the crime scene and identify the perpetrator of
the crime thus committed in a manner that will stand up in Court.

RESEARCH METHODOLOGY

This paper is written according to the 2Oth Bluebook Edition format. This is a doctrinal
research pertaining to the aforementioned topic. For research purposes, secondary sources of
research have been used like analysed data from secondary sources- research papers,
journals, books, articles and essays. I have also referred to important legal authorities like the
Supreme Court in cases associated with criminal investigations and forensic science. The
footnotes have been written according to the 20th Blue Book Citation. The research
methodology used in this project is through qualitative methods. The strength of this type of
research is its ability to provide complex textual descriptions on the subject. This type of
methodology is used to figure out the analytical objectives of the subject and provide a
general framework for the same.

LITERATURE REVIEW

The primary source of information used has been the statutory influence of the Indian
Evidence Act, 1872 which describes forensic as a belief rendered by an expert that helps to
proceed with the crime scene investigation and trial before the Courts. For further analysis
reference was made to Journal for Forensic Research for a number of research articles by
Boriz Rosenberg and Yuval Fledel1. This discusses the various challenges that are being
faced by the forensic experts in analysing and examining the various aspect related to the
collection and preservation of Physical Evidence during the conduct of crime scene
investigation and trial before the Courts. Further reference has been made to the Forensic
Science in Criminal Investigation & Trials’ by B. R. Sharma2 to set a premise for the
fundamentals of Physical Evidence and concepts related to the same. The purpose has been to
set the foundation before building a proper qualitative analysis, and to provide sufficient
background to the ideas explored. Further, online sources, news reports, and web articles

1
Boris Rozenberg, Ehud Gudes, Yuval Elovici, and Yuval Fledel. Brave New, The Journal of
Forensic Research 8, 2755–2790 (2007). 20.
2
B.R. SHARMA, FORENSIC SCIENCE IN CRIMINAL INVESTIGATION & TRIALS (2003),
https://books.google.co.in/books?id=bpMfAAAACAAJ

11
have also been relied upon. In order to effectively glean out all necessary information, due
reference has been made to several research studies by prominent scholars. Reference has
also been made to the research article on Neglected Physical Evidence during Crime Scene
Investigation by Nataraja Murthy T.3 which talks about the challenges that are often faced
by the forensic experts in the examination of the said physical evidences due to tampering of
the evidences and lack of proper collection and preservation of the same by the Investigating
Officers. Analysis of body fluids for forensic purposes: from laboratory testing to non-
destructive rapid confirmatory identification at a crime scene by Virkler, K., & Lednev, I.
K has been used to show the methods involved in proper examination of physical evidences .
Case studies of various other cases, the judgments of which have been rendered by the
Apex court of the Indian legal system and other High courts have also been referred to in this
paper that aims to set forth and analyse the gaps between the collection of physical evidence
and Criminal Investigation in the Criminal Justice system. This has helped in the better
assessment of the topic and the challenges that it is facing in the present scenario in the
conduct of crime scene investigation and trials.

3
http://dpal.kar.nic.in/Kanunu%20padakosha%20PDF%20Files/Karnataka%20Civil%20Services%20(CCA)
%20Rules.pdf.

12
 CHAPTER 2

Definition and explaining the scope of Physical evidences

This chapter attempts at providing an acceptable meaning and definition to the subject of the
research, that is, physical evidences. It aims to create a trail of the development in the field,
along the lines of history. Through such evaluation, the development of crime scene
investigation with respect to forensic science has been used to define the limits of its
boundaries, to a reasonable extent. Anything tangible that is retrieved from the crime scene
is known to be brought within the ambit of physical evidence. However this physical
evidence may be obtained in different forms after investigating the crime scene thoroughly.
Also known as Real Evidence4, this category of evidence usually refers to the evidence
found that is relevant to the case and can be physically touched and examined. Such evidence
is regarded as the most vital and crucial retrieve of the crime scene investigation since
examination of the same can lead to the actual perpetrator of the crime. Evidence qualifying
under the ambit of real evidence and be picked up during crime scene investigation and thus
can be measured and quantified. Physical evidence in forensic science is one of the most
crucial aspects drawn out of the scene of occurrence of the crime. It is usually the first
important break-through in the investigation of a crime.
The kind of evidence that is of tangible nature and can be hand-picked from the
scene of the crime for investigation by the Police and to ascertain the identity of the offender
is referred to as Physical Evidence 5. Physical evidence can be of great relevance in drawing
conclusions about the time of occurrence of the crime, the person who is behind the
occurrence of the same and so on. Since crime scene management and investigation
undertaken by the investigation experts and physical evidence gives a major break-through in
such cases. The search for physical evidence is accompanied by with other processes of
investigation like documentation of such evidences, collection, preservation, integrity and
chain of custody of the physical evidence thus obtained 6. The most important role for the
retraction of physical evidence from the crime scene is that of the Investigation Officer. It is
the duty of such officer to collect the physical evidence by barricading the crime scene and

4
Lipson, A. (1992). "Real" Real Evidence. Litigation, 19(1), 29-71. Retrieved March 8, 2020, from
www.jstor.org/stable/29759576
5
Ibid.
6
Supra Note 2.

13
documenting such evidence7 with the aid of the witnesses who are associated with the crime
committed. The examination of physical evidence by the experts in many cases have also
been used as the sole factor to ascertain the offender of the law.
Forensic experts, medico legal experts, senior police officers and experts in various
other fields have to contribute into the investigation of the physical evidences retrieved from
the scene of crime to draw conclusions about the crime. The goal of the evidence-collection
stage is to find, collect and preserve all physical evidences which can be inferred to recreate
the crime scene and identify the perpetrator of the crime thus committed in a manner that will
stand up in Court. Such evidence may be found in any form namely trace evidence (broken
glass, gun residue, drugs, etc.), body fluids, hair, impressions, firearms and weapons 8 used to
commit the crime and so on. The role of professionals in the collection and investigation of
physical evidences stands as a vital part of any investigation in natural mishap or accidental
events associated to buildings and such other things.
Similarly, Forensic scientists and Medico-legal doctors have been specially trained to
retrieve conclusions from the scientific physical evidences and reduce such observations in
the form a report that form a major part of the Prosecution case in Court. Since every crime is
different from the others, there has to be a meticulous search for each one of them and what
differentiated each one from the other is the physical evidence retrieved from the scene of the
occurrence of the crime which are further examined through various kits and mechanisms.
Physical evidence is thus an inevitable part 9 to go further with the investigation of a criminal
trial.

CHAPTER 3

7
https://www.forensicnotes.com/best-practice-guidelines-for-recording-and-documenting-evidence/
8
https://acadpubl.eu/hub/2018-120-5/1/26.pdf
9
Ibid.

14
 Different types of Physical Evidences

This chapter discusses the various forms in which physical evidence can be retrieved from the
scene of the crime. Such forms and types may include physical evidence in the form of
impressions, gun residue, hair, body fluids and so on. The various ways to collect and
preserve these evidences is different and such evidences differentiate one crime scene from
the others and thus is of vital importance in ascertaining the true perpetrator of the offense.
These tangible evidences which form the basis of the investigation are classified into the
following types:

1. ANALYSIS OF IMPRESSIONS

A. Fingerprints and Footprints

Fingerprints and footprints form a very crucial part of any investigation and is the most
common means of reaching to the core of the investigation and the identity of the
perpetrator. Fingerprints are unique to every individual and hence can prove to be very
helpful when associated with crime scene investigation and forensic analysis. To define
fingerprints, one may state it as tiny whorls, valley patterns and ridges on the tip of each
finger of a person that is unique to oneself. These patterns may be classified as Arches
which can be both plain and tented, loops that have within them delta and core and are of
two types that are Ulnar (towards the little finger) and radial (towards the thumb) and
whorls are the third kind of fingerprints and is often recognised as the simplest to identify.
Fingerprints hold a very important place in the ambit of criminal investigation because of
their characteristics of universality, permanence, uniqueness and inability to be imitated
or forged. Section 73 read with Section 45 of the Indian Evidence Act clearly elucidated
the fact that the Court is empowered to direct the accused or any other suspect t provide
them with their fingerprints that would be compared by a forensic expert and then
approved by the Court10.
The Supreme Court, in the case of Uttar Pradesh v. Sunil11 has held that the
direction by the Court to direct a person to provide their fingerprints does not come
within the purview of Article 20(3)12 and is thus not violative of any right enumerated
under part III of the Indian Constitution 13. This judgment has observe an elaborated view
that propagates that fingerprints or footprints or specimen of hand writing of a person

10
Section 73, 45, The Indian Evidence Act, 1872.
11
(2017) 14 SCC 516.
12
Article 20(3), The Constitution of India, 1950.
13
Fundamental Rights, Part III, The Constitution of India, 1950.

15
 does not compel him to be a witness against himself 14. This was further reiterated in the
case of Murali Lal v. State of Madhya Pradesh15 that examination of fingerprints must be
considered and carried out by the Courts even though it may be a hazard sometimes.
There may be cases where both the sides call the experts and their stances are heard or
where neither side calls an expert. In all such cases, it becomes the duty of the Court to
come down to its own conclusions and not by taking a recourse from this duty by stating
that that the Court is no expert 16. This decision was again followed in the case of Lalit
Popli v. Canara Bank17.

B. Track Marks

The culprit of any crime will definitely leave track marks behind and around the scene of the
crime in the form of prints and impressions of feet, shoes tyres and the like 18. This kind of
evidence connects the crime to the criminal on a conclusive note. Therefore there is a vita
need for proper collection, evaluation and understood for the dissemination of justice. Track
marks are a very common kind of impression and is usually found in majority of the cases.
This kind of impressions have not gained awareness like that of the concept of fingerprint and
thus the criminals are mostly not that bothered about the track evidence left behind. This kind
of evidence should be handled expeditiously so as to prevent mutilation. These track
evidences help to establish the following (i) the presence of the accused at the scene of
occurrence, (ii) the number of culprits involved in the crime (iii) to determine the route of
escape taken by the perpetrators19, (iv) to ascertain the type of vehicle used (v) if an animal
has been used as the means of escaping the crime scene.

In the case of Pritam Singh v. State of Punjab20, the Investigating Officers were able to
follow the track evidence and thus reach out to the culprits with the aid of en route witnesses.
The utilization of track evidence has not been made that effectively under the Indian Criminal
Justice System since the same is of the view that not much reliance can be placed solely on
such evidence because of the rudimentary nature associated with the same. These marks may
be classified as visible (patent) or invisible (latent)21. The recent development of forensic
science has introduced the concepts of Periphography and Latent Prints Processing within the
14
Supra Note 11.
15
AIR 1980 SC 531.
16
B.R. SHARMA, FORENSIC SCIENCE IN CRIMINAL INVESTIGATION & TRIALS (2003),
https://books.google.co.in/books?id=bpMfAAAACAAJ.
17
(2002) 3 SCC 583.
18
Nickolls, LC, Scientific Investigation of Crime, 1956, pp 148-49.
19
Pritam Singh v. State of Punjab, AIR 1956 SC 415
20
Ibid.

16
ambit of track evidences. The former deals with the study and recording of the whole tread of
a tyre that is done through synchronisation with a camera and the latter is processed in the
same manner as that of latent fingerprints 22. Silicon casts also prove to be very helpful
instruments to lift prints and shallow impressions from curved and sloping surfaces or even
from the walls.

C. Tool Marks

An impression that has been engraved or moulded on a surface due to an impact or abrasion,
cut, scoring or insertion. The depth of such tool mark as well as the angle at which it has been
inserted or grooved is of vital importance with regard to the study of forensics of a particular
case. It is a physical evidential clue that associates the crime and the tool that may have been
used to give effect to the offence. Tool marks can be classified as class tool and individual
tool marks. Class tool mark are derived from common characteristic that may be shared by a
class of tools where as individual tool marks are unique to the kind of tool used. In other
words, the latter shows definite and direct linkage of the tools and the incriminating marks
and eventually the perpetrator of the crime.

The mode of creation of such mark and the nature of marks plays a crucial role I
determining this linkage between the tools and the impression created. The importance of
these kinds of impressions are that they are frequency obtained as one of the most common
types of physical evidences from the scene of the occurrence and they are permanent in
nature. A tool is made of hard metal and the surface that bears the impression is usually of
softer material and thus there is no or minimal damage caused to the tool.

Moreover such kind of impressions just like fingerprints are characterised as unique. In
other words, every tool or class of tools is characterised by unique features which helps
determining the mode of giving effect to the crime committed and thus serves as an important
linkage for the purpose of reconstruction of the crime scene. This derives its foundation from
the principle that “No two tools even of the same make, model or batch leave identical
marks on the surface they worked on.”23

21
B.R. SHARMA, FORENSIC SCIENCE IN CRIMINAL INVESTIGATION & TRIALS (2003),
https://books.google.co.in/books?id=bpMfAAAACAAJ
22
Ibid.
23
Ibid.

17
In the case of Kamlakar v. State of Mahrashtra24, the blood-stained clothes and a blood-
stained katti was recovered in the presence of the panchas and the same had been sent to the
Regional Forensic Laboratory, the report of which supported the statements of the witnesses
in compelling the Court to consider that the katti had been used as the weapon for the
commission of the said crime.

2. ANALYSIS OF FIREARMS EVIDENCE

Most of the heinous crimes like that of murder, dacoity, robbery and assassination are given
effect to through the use of dangerous firearms and fire ammunitions. In such cases, it
becomes indispensable for the Investigating Authorities to examine and prepare reports
related to such firearm evidence. The principle cited in the aforementioned paragraph 25
regarding the dissimilarity of two tools even if made in the same batch applies to firearms as
well. Firearms evidence helps in determining the kind of crime involved that id whether it
qualifies to be a murder, suicide or a killing arising out of self-defence, whether the version
testifies by the witnesses is the verified version and distinguish between the fake and real
events. The study of firearms in forensic science also helps to ascertain the time and angle of
the firing which often proves to be of vital importance in certain cases.

The forensic study of firearms goes hand in hand with the provisions of the Indian Arms
Act26, which defines a firearm as “any description, designed, adapted to discharge a
projectile or projectiles of any kind by the action of any explosive or other forms of energy
and includes

1. Artillery hand grenades, riot pistols or weapons of any kind designed or adapted for
the discharge of any noxious liquid, gas or other such things.
2. Accessories for any such firearms designed or adapted to diminish the noise or flash
caused by the firing thereof.
3. Parts of and machinery for manufacturing firearms and cartridges, platforms and
appliances for mounting, transporting and servicing artillery.”

24
AIR 2019 SC 2952.
25
Supra note 23.
26
Indian Arms Act, 1959.

18
There are various parts of a firearms such as barrel, action, stock, ejector, leed and striker that
require careful examination by the forensic experts in order to ascertain results that would
help in the determination of the case at hand by the Court. The classification of the study is
made on different modes of study such as functional, loading and handling mode to provide
greater clarity and a more coherent picture in the mind of the Court for dissemination of
Justice. These studies are conducted by Forensic Ballistic Experts who specialise in this field
and thus assist the Court with the technical knowledge associated with firearms and its
various parts. In the case of Sunil Chandra Roy v. State of West Bengal 27, it was held that
the opinion of the Ballistic expert is to assist the Court and the Court should be the only one
to clear ambiguities.

3. ANALYSIS OF BIOLOGICAL EVIDENCE

A. Body Fluids

One major problem associated with biological evidence is that they are subject to
deterioration. Body fluids are one of the most important biological evidences that can be
retrieved from the scene of occurrence of the crime 28. The careful and detailed analysis of
such evidence can only be carried out only if there is proper preservation of the same after it
is retrieved from the scene of the crime. Body fluids are a kind of biological evidence that
comprise a different compositions in every individual. No two individuals can be said to be
having the same body fluid. This is dealt with the Forensic and Serology division of Criminal
Investigation. This mat include the following categories of discharges:

 Vaginal secretion- this kind of test becomes very crucial and secures paramount
important in cases involving crimes against women whereby a foreign object has been
inserted into the vagina. This can be determined by the presence of glycogenated
epithelial cells in the vaginal cavity. The formation of these cells takes place when the
menstrual cycle begins and the formation rate reaches its peak during the period of
ovulation of the female ovary. This test is conducted with the aid of periodic staining
of the cells which are also found in other parts of the body, though in lesser quantities.
 Saliva- the preliminary digestion of the food intake is facilitated through the secretion
of saliva in the mouth of every human. This is a major body secretion that can prove

27
AIR 1954 Cal 305.
28
Virkler, K., & Lednev, I. K. (2009). Analysis of body fluids for forensic purposes: from laboratory testing to
non-destructive rapid confirmatory identification at a crime scene. Forensic science International, 188(1-3), 1-
17.

19
 to be of paramount importance when it comes to the study of forensic science and
analysis of biological evidence. The generally accepted test for the study and
examination of saliva is the alpha amylase test that facilitates the breakdown of starch
in the food. This enzyme is majorly present in the secretion of saliva.

B. Blood stains

Blood refers to a suspension whereby insoluble materials are carried through the body with
the flow of water. Blood consists of plasma (liquid) and cells (other suspended materials).
The blood stains available at the scene of occurrence are very crucial for determination of the
source of such blood. However, sometimes blood cannot be traced 29 through visual
identification and has to be traced through some other detailed methods. In case where
serological tests are to be conducted additionally, there may be additional protocols that have
to be followed by the forensic experts. Blood stains can be examined by the following
methods

 Microscopic examination- This involves the careful and detailed study of the
blood cells under the radar of a microscopic lens. This cannot be conducted when
the blood stain dries and the red blood cells dehydrate 30. When the blood cells are
placed in a higher concentration environment, osmosis takes lace and the shape of
the cell changes. However, when the cells are relatively fresh 31, this test can e
conducted to produce reliable results32. The shape of the dried up cells can also be
reconstituted with the help of albumin solution so as to enable the conduct of the
test.
 Chemical method-When the blood cells dries up, it is the chemical method that is
used to break down these cells so as to differentiate the plasma and the solid
contents of the same. Catalytic tests 33 conducted to facilitate oxidation of the
blood cells also come within the purview of chemical methods. Being very

29
https://books.google.co.in/books?
id=u3hpgsTBY2sC&pg=PR1&lpg=PR1&dq=D+Cauvet+seminal+stains+and+blood+stains+citation&source=b
l&ots=3K_9rcsr79&sig=ACfU3U1S4_Uvjg8iMaXoDe5NOvAd59NLA&hl=en&sa=X&ved=2ahUKEwiyqMah
kIvoAhUMVN4KHQ8bAIQ6AEwAHoECAgQAQ#v=onepage&q=D%20Cauvet%20seminal%20stains
%20and%20blood%20stains%20citation&f=false
30
Frumkin, D., Wasserstrom, A., Budowle, B., & Davidson, A. (2011). DNA methylation-based forensic tissue
identification. Forensic Science International: Genetics, 5(5), 517-524.
31
Ibid.
32
Supra Note 28
33
An, J. H., Shin, K. J., Yang, W. I., & Lee, H. Y. (2012). Body fluid identification in forensics.

20
 sensitive in nature, these kind of tests require extra care and precautionary
measures.
 DNA analysis – DNA Analysis is another important thing that is to be derived
from the blood stains. DNA or Deoxyribonucleic Acid is something that is very
unique to every individual34 and reflects the genetic composition of every
individual. Individualisation through DNA Profiling35 and DNA Typing has
become very common in the field of forensic science and medical research. This is
done to determine the species of the blood and to limit the number of people from
whom such blood could have arisen.

C. Semen

Semen is a mixture of sperms and other organic and inorganic materials. Semen is gelatinous
in nature and is produced by male vesicles and prostates 36. A normal secretion consists of
about 5 ml semen and sperm is often used to conduct DNA profiling and DNA typing.
Seminal stains can be examined by the following tests:

 Ultraviolet Light-This is a very important and common method to study the presence
of seminal stains on a surface like carpets or clothes. It would appear as pale Bluish-
white colour unless there is strong quenching by some kind of dyes. This is due to the
presence of flavins that are contained in human semen.
 Acid Phosphatase-This chemical is found in tissues and body fluids of mammals,
though the concentration is more in case of seminal fluids. This enzyme has been
recognised as the indicator of seminal fluid.
 Microscopic detection of Spermatozoa37-This is the method that is commonly used
to conduct detailed profiling of sperm cells that are present in the seminal discharges
of human males. The staining of these sperm cells with the help of various reagents
has been recognised as to detect the composition and detailed analysis of the sperm
cells under question.

D. Hair and other fibres

34
Ibid.
35
Ibid.
36
https://www.researchgate.net/publication/49807635_Fundamental_Issues_in_Forensic_Semen_Detection
37
Ibid.

21
Hair and other fibres38 that are retrieved from the scene of occurrence also form a very
important part of the forensic examination of Physical evidences. These kinds of evidences
may be collected with the help of tweezers, combs and other vacuum filed devices during the
crime scene investigation. The investigating Officer has to collect such evidences with extra
care in cases involving crimes like rape and murder to go down to the actual perpetrator of
the crime. Analysis of the same by DNA experts can be used to eliminate or add suspects and
to draw such other specifications associated with such evidence.

CHAPTER 4

38
Singh, D. et.al., (2018). Comparative Study of Morphological Features of Hair in Five State of
India For Forensic Consideration. Academic Journal of Forensic Sciences, 1 (2), 12-21.

22
 Challenges and loopholes in the existing mechanism of collection of physical
evidences.

This chapter explores the possible threats, risk and challenges that are faced in the present
status of criminal justice system during the conduct of crime scene investigation and trials
before the courts due to hampered preservation and tampering of evidences before it reaches
the hold of the forensic experts which majorly is caused due to lack of knowledge on how to
handle such pieces of evidences. This comes across in the stage of collection as well as
preservation as well as in the stage where the Court has to exercise its scrutiny in considering
the reports associated with the different physical evidences rendered by the experts.

The first gap that is noticed between criminal trials and forensic is that of the specialised
expertise. The experts conducting forensic research must be specially trained to carry out the
research and analysis of a specific kind of tests under the wide umbrella of forensic analysis.
For instance, a ballistic expert cannot determine the DNA Profiling from a seminal sample.
This is a major obstacle that is often faced by the Indian criminal system owing to the lack of
properly trained experts who can handle the expertise in the branch of forensic science
development and its associated growth. Moreover the Courts are of the view that
corroboration of forensic expert opinion is very necessary. In the case of Murali Lal v. State
of Madhya Pradesh39, the Court held that there is no rule of law of rule of prudence to act
upon the advice of the handwriting expert without such evidence being corroborated by other
substantial evidence. This method of corroborating the forensic evidence sometimes turns out
to be such very difficult to achieve owing to the fact the knowledge the handwriting expert s
having may not be readily available to another person who can explain it in the same lines 40.
In such situations, the evidence brought to light through the report of the expert is rendered
useless to the determination of the guilt of the actual perpetrator.

Another obstacle that has often come in the way of dissemination of justice is the language
barrier. The courts may be struck in a position whereby they are not able to comprehend the
actual meaning owing to the linguistic perplexity of the expert report and is thus compelled to
not consider the same. This was held in the case of Basant Rao Baji Rao v. State41. Therefore
the use of bombastic words to impress the Court may on the contrary make the report
intelligible which may prove to be fatal and detrimental to the case in question. Such an
attempt may not prove to be helpful in hiding the weaknesses of the case and it is always
39
AIR 1980 SC 531.
40
Suleman Usnan Menon v. State of Gujarat, (1961) 2 Cr. LJ 78.
41
1950 Cr LJ 181 (Ngp.)

23
preferred that the reports are precise, concise and methodical that are simple to the
understanding of the courts.

The third kind of obstacle that may come about is the inability of the fulfilments of roles of
various professionals associated with the handling of the evidences right from the time when
it is retrieved to the time when such evidence is presented to the Court for consideration. The
role of Investigating Officer includes the proper collection and preservation of the evidence
so as to prevent any kind of evidence tampering. Thereafter comes the role of the forensic
experts who are officially trained in the aspect of retrieving physical evidences from different
types of crimes. He is the one who has to formulate the linkage between the criminal and the
crime. They are the experts who render whether a particular act has been committed with a
criminal intention or whether it has been the result of an accident. Moreover in a cases of
homicidal deaths, medico-legal doctors are called on who are assigned the special role of
approximating the time of such a death. The Public Prosecutors are on the other hand who
have to present the report or the evidence before the Court in the exact sense that was
purported by the expert. This may lead to misunderstood conclusions. All these functions are
interlinked to each other and hence one non-adherence would lead to a disturbance in the
chain of functionaries and render the entire thing as futile for the purposes of Justice.

Hence, the aforementioned may be referred to as some of the common challenges that have
come across with the development of Forensic Science as a major branch of Criminal Law in
the recent times which often stand as obstacles in the way of Justice in Criminal trials under
the Indian adversarial system.

CHAPTER 5
24
 Conclusion
This chapter basically deals with the concluding comments on the aforementioned topic and
the suggestive changes that should be incorporated to make the system of investigation and
trials more hassle free and full proof so as to prevent any kind of misinterpretations and
wrong conclusions about the crime committed. The instances discussed in this research paper
closely studies the various types of physical evidences and the correct manner of assessing
the same by people who have expertise in that respective field. This paper also studies the
various loopholes and challenges that have been faced in the Indian System. These challenges
can be overcome by training more people especially in the field in which they are t conduct
their study and analysis. Moreover, the distribution and fulfilment of roles of each person
should be done in such a way so as to enable to effectively achieve the very purpose of
forensic intervention into the process of criminal trial and justice system. Further, the
language used in the reports should be simple and precise to convey the exact and definite
meaning that the report is meant to communicate. All these steps and attempts will ensure to
achieve better and more reliable results out of the examination and consideration of Physical
evidences for meeting the ends of due investigation and criminal Justice.

REFERENCES

25
 ARTICLES

1. Boris Rozenberg, Ehud Gudes, Yuval Elovici, and Yuval Fledel. Brave New,

The Journal of Forensic  Research 8, 2755–2790 (2007). 20.

2. Lipson, A. (1992). "Real" Real Evidence. Litigation, 19(1), 29-71. Retrieved March

8, 2020, from

3. Nickolls, LC, Scientific Investigation of Crime, 1956, pp 148-49.

4. Virkler, K., & Lednev, I. K. (2009). Analysis of body fluids for forensic purposes:
from laboratory testing to non-destructive rapid confirmatory identification at a
crime scene. Forensic science International, 188(1-3), 1-17.

5. Frumkin, D., Wasserstrom, A., Budowle, B., & Davidson, A. (2011). DNA
methylation-based forensic tissue identification. Forensic Science International:
Genetics, 5(5), 517-524.

6. An, J. H., Shin, K. J., Yang, W. I., & Lee, H. Y. (2012). Body fluid identification in
forensics.

7. Singh, D. et.al., (2018). Comparative Study of Morphological Features of

Hair in Five State of India For Forensic Consideration . Academic Journal of
Forensic Sciences, 1 (2), 12-21

BOOKS

1. B.R. SHARMA, FORENSIC SCIENCE IN CRIMINAL INVESTIGATION & TRIALS (2003),

https://books.google.co.in/books?id=bpMfAAAACAAJ

2. Forensic Science in Criminal Investigation, Dr. Rukmani Krishnamurthy

STATUTES

1. The Indian Evidence Act, 1872.

2. Indian Arms Act, 1959.

26
3. The Constitution of India, 1950.

WEBSITES

1. http://dpal.kar.nic.in/Kanunu%20padakosha%20PDF%20Files/Karnataka%20Civil
%20Services%20(CCA)%20Rules.pdf.

2. https://www.forensicnotes.com/best-practice-guidelines-for-recording-and-documenting-evidence/

3. https://acadpubl.eu/hub/2018-120-5/1/26.pdf
4. https://books.google.co.in/books?
id=u3hpgsTBY2sC&pg=PR1&lpg=PR1&dq=D+Cauvet+seminal+stains+and+blood+stains+citation&
source=bl&ots=3K_9rcsr79&sig=ACfU3U1S4_Uvjg8iMaXoDe5NOvAd59NLA&hl=en&sa=X&ved=
2ahUKEwiyqMahkIvoAhUMVN4KHQ8bAIQ6AEwAHoECAgQAQ#v=onepage&q=D%20Cauvet
%20seminal%20stains%20and%20blood%20stains%20citation&f=false
5. https://www.researchgate.net/publication/49807635_Fundamental_Issues_in_Forensic
_Semen_Detection.
6. www.jstor.org/stable/29759576

27