Analysis of Forensic Investigation & Medicine Law

The Scientific method, to solve the crime is forensics. The forensic investigation is keeping, investigating, gathering, analysis of all the physical evidence related to crime. While doing forensic investigation related to the crime the investigators will look at the hard drives, blood, fluid, fingerprints, computers, residue, some other technology to conclude and to know how crime has taken place. Forensic investors will take the help of genetic material such as blood, skin, hair, witness testimonies, dental history, trace chemicals, fingerprints, videos, photographs/, etc. to collect evidence of the crime. forensic investigations have their types such as forensic accounting, forensic auditing, crime scene forensics, forensic dentistry, forensic archaeology, computer or cyber forensics, forensic science, forensic toxicology, forensic graphology, forensic entomology, forensic pathology/, and forensic psychology. The article discusses the need for forensic investigators, different forms of forensic evidence, criminal profiling, the importance of forensic investigation in medical law, and the various provisions under the IPC relating to Forensic investigation.

Introduction

Forensic medicine can be defined as an application of medical knowledge. The application is used for the investigation of crime. The crime can be mainly injury or death. For the criminal investigation forensic are mainly used nut it can be also used in biology, astronomy, geology, victimology, Archeology/, etc [1]. The Scientific method, to solve the crime is forensics. The forensic investigation is keeping, investigating, gathering/, and analysis of all the physical evidence related to crime. While doing forensic investigation related to the crime the investigators will look at the hard drives, blood, fluid, fingerprints, computers, residue/, or some other technology to come to the conclusion and to know how crime has taken place.

Why there is a need for forensic investigators?

Forensic investigation is mostly needed in criminal cases. There are some situations in which one should hire a private investigator. If the person is the victim of the crime then the forensic investor can help in finding the evidence for proof and to show in the court. If the person has been accused of a crime then the forensic investor can help efficiently to clear your name as an accused by providing evidence in the court. If one of the spouses is cheating with others, in that case, the investigator can help you in getting the compensation you need by giving valuable evidence from the person’s email, phone, voicemails, call history/, and other surveillance. If one is the business owner the investor can help and solve his matter as well in few situations like sexual harassment issues, lawsuits from employees, stolen customer information, the document was stolen, intellectual property issues/, etc. the police forces have a team of forensic staff with them to solve multiple cases related to criminal cases, in which investors play important role in finding, gathering evidence. [2]

Criminal profiling [3]

Criminal profiling is also known as offender profiling. Criminal profiling or offender profiling is an investigative strategy, which is used to identify suspects and to link the cases that may have been committed by the same perpetrator. It is used by law enforcement agencies for identifying the offender. Criminal profiling statistics from FBI (1981) stated that there was a total of 88 cases solved using profiling out of 192. From which 17% of these cases were solved by profiling ALONE. There are two phases in which criminal profiling works. The First one is an investigative phase and the other is a trial phase.

The investigative phase – it informs investigative strategy by reducing the suspect pool, case linkage for offender escalation.

Trial phase – it assists police in preparing the hearing and trial by developing interrogation techniques, develops insight into offender fantasy and motivations/, and develops insight into the state of mind.

 

The forensic evidence can be in the form of [4]

  • Fingerprints,
  • Trace chemicals,
  • Genetic material,
  • Witness testimonies,
  • Computers,
  • Phones,
  • Videos and photographs,
  • Documents,
  • Tire mark or shoe mark,
  • Bullets
  • Weapons
  • Dental history etc

Forms/ types of forensic investigation

forensic investigations have their types such as forensic accounting, forensic auditing, crime scene forensics, forensic dentistry, forensic archaeology, computer or cyber forensics, forensic science, forensic toxicology, forensic graphology, forensic entomology, forensic pathology, forensic psychology/, etc. [5]

Forensic toxicology – it is the study of toxic substances, poisons, drugs, chemicals/, etc. in today’s generation, some of the jobs needed proof of drug test which is the basic example of forensic toxicology. The test can be of urine, blood, hair/, etc they also look at the effects. While in the criminal case such as murder toxic substances are found in the brain, liver, spleen/, etc. the forensic toxicologist’s job has become both legal drugs as well as illegal drugs.

Forensic accounting – the forensic accounting services are calculating lost wages, searching for hidden assets, performing fraud, tracing misappropriated funds/, etc. forensic accounting needs investigations, business, analysis use of intelligence gatherings, communication skills, experience, for the providing evidence to the judge involved in the civil or criminal investigations.

Crime scene forensics – the work of crime scene forensic is to collect the physical evidence from the crime scene to solve the case and to present the evidence found at the crime scene in the court.

Forensic dentistry – when a culprit bites a victim that time his mark of teeth on the victim can help in finding the age, blood group, gender, DNA of the culprit to solve the case, and to present the proof in front of an attorney. The mark of teeth will help in reveal someone’s identity.

Forensic archaeology – They mainly focus on clues they can glean from the bones, including carbon dating to determine their age. From these clues, they can sometimes establish cause-of-death. If a mass grave is discovered or in the event of large casualties, forensic archaeologists can identify the victims using facial reconstruction software.

Computer or cyber forensics -in these forensic investigators collect evidence, data, information as proof to show in the court to the attorney to solve the crime. This is similar to electronic discovery. Forensic computer investigations can find information on cell phones and hard drives including emails, browsing history, downloaded files, and even deleted data. 

Forensic science – forensic science includes serology it’s a bodily fluid, DNA coding, toxicology as drugs and their effects, and ballistics are related to firearms. These are some of the forms of forensic science.

Forensic graphology – it is the study of handwriting on notes, poison pen letter, blackmail demand, suicide notes/, etc. the handwriting can help in knowing the mood, integrity, intelligence, motivation, emotional stability of the culprit.

Forensic entomology – it is the study of the insects if accidentally found at a crime scene. Alive or dead, these bugs can reveal where a crime took place, whether the victim had been given drugs/, and the time of death.

Forensic psychology – can help to know the thoughts going in the attacker’s mind while doing crime.  They observe the scene of the crime, which can tell them whether the act was done out of a burst of emotion or was predetermined. In the case of a suspected suicide, the investigators can also find whether the act was accidental or purposeful.

The importance of forensic investigation in medical law [6]

Forensic biology/DNA – DNA profiling is also used for forensic techniques in criminal investigations. DNA is also unique to an individual as fingerprints. DNA helps forensic professionals to confirm an unidentified person to eliminate suspects from a list of accused.

Forensic odontology – it helps in the identification of victims when the body is left in an unrecognizable state.

Controlled substances – the chemical which is legally recognized and having a potential for abuse are called controlled substances.

Trace evidence – It derives its name from its tendency to be easily transferrable between objects, people/, or the environment during a crime. some examples are hair, pollen, wood, soil, fiber.

Impression and pattern evidence – when two objects come into contact with force to create an impression is called impression evidence. Such as fingerprints or bullet.

Ballistics – it is a forensic science deals with motions, behavior, dynamics, bombs, etc. it is mainly used for criminal investigation.

Cyber forensics – the evidence found in a computer or any digital storage like hard disk, card reader, pen drives/, etc. then the cyber forensic involves themselves in that matter. 

Crime detection

According to section 53 of the criminal procedure code, 1973 deals with the examination of court accused by a medical practitioner at the request of a police officer. The section says that when the person is arrested on a charge of committing an offense of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford to evidence it’s to the commission of an offense, it shall be lawful for a registered medical practitioner, acting, at the request of a police officer not below the rank of sub-inspector, and for- any person acting in good faith in his aid and under his direction, to make such all examination of the person arrested as is reasonably necessary to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose.

Whenever the pet-son of a female is to be examined under this section- the examination shall be made only by, or under the supervision of, a female registered medical practitioner. In this section and section, 54 of the CRPC “registered medical practitioner means a medical practitioner” who possesses any recognized medical qualification as defined in clause (i) of section 2 of the Indian Medical Council Act, 1956(102 of 1956), and whose name has been entered is a state medical register.

 Indian Scenario

According to section 45 of the Indian Evidence Act, 1872- when the court has to form an opinion upon a point of science or art or foreign law, or as to the 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 the identity of handwriting or finger impression are relevant facts. Such persons are called experts. [7]

In the case of Kishan Chand vs. Sita Ram[1], the Court stated that when there is a conflict of opinion between the experts, then the court is competent to form its own opinion concerning signatures on a document.

In the case of Mohd Zahid vs. State of Tamil Nadu[2], the Court stated that the evidence of a doctor conducting post mortem without producing any authority in support of his opinion is insufficient to grant conviction to an accused.

In the case of Ram Narain vs. State of Uttar Pradesh[3], the Court said that the opinion of a handwriting expert given in evidence is no less fallible than any other expert opinion adduced in evidence with the result that such evidence has to be received with great caution.

Further in section 46 of the Indian Evidence Act, 1872 – it is given that fact, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts/ when such opinions are relevant. In the case of Mohd. Aman vs. the State of Rajasthan[4], the Court observed that the science of identification of footprints is not fully developed science and therefore if in a given case, evidence relating to the same is found satisfactory it may be used only to reinforce the conclusions as to the identity of a culprit already at based on other evidence.

Conclusion

Forensic medicine can be defined as an application of medical knowledge. The application is used for the investigation of crime. The crime can be mainly injury or death. For the criminal investigation forensic are mainly used nut it can be also used in biology, astronomy, geology, victimology, Archeology/, etc. the Scientific method, to solve the crime is forensics. The forensic investigation is keeping, investigating, gathering/, and analysis of all the physical evidence related to crime. While doing forensic investigation related to the crime the investigators will look at the hard drives, blood, fluid, fingerprints, computers, residue, or some other technology to come to the conclusion and to know how crime has taken place. forensic investigations have their types such as forensic accounting, forensic auditing, crime scene forensics, forensic dentistry, forensic archaeology, computer or cyber forensics, forensic science, forensic toxicology, forensic graphology, forensic entomology, forensic pathology/, and forensic psychology/, etc. The importance of forensic investigation in medical law as in forensic biology, forensic odontology, controlled substances, trace evidence, impression and pattern evidence, ballistics, cyber forensics.

FAQ [frequently asked questions]

1] what do you mean by forensic investigation?

Answer – Scientific method, to solve the crime is forensics. The forensic investigation is keeping, investigating, gathering/, and analysis of all the physical evidence related to crime.

2] State the different types of forensic investigations.

Answer – The forensic investigations have their types such as forensic accounting, forensic auditing, crime scene forensics, forensic dentistry, forensic archaeology, computer or cyber forensics, forensic science, forensic toxicology, forensic graphology, forensic entomology, forensic pathology/, and forensic psychology/, etc.

3] what do you mean by forensic medicine?

Answer – Forensic medicine can be defined as an application of medical knowledge. The application which is used for the investigation of crime

4] how forensic investors will collect evidence?

Answer – The forensic investors will take the help of genetic material such as blood, skin, hair/, etc witness testimonies, dental history, trace chemicals, fingerprints, videos, photographs /, etc. to collect evidence of the crime

5] what are the different forensic science?

Answer –forensic science includes serology it’s a bodily fluid, DNA coding, toxicology as drugs and their effects, and ballistics are related to firearms. These are some of the forms of forensic science.

6] what is forensic accounting?

Answer – the forensic accounting services are calculating lost wages, searching for hidden assets, performing fraud, tracing misappropriated funds/, etc. forensic accounting needs investigations, business, analysis use of intelligence gatherings, communication skills, experience, for the providing evidence to the judge involved in the civil or criminal investigations.

7] how cyber forensics and computer forensic are used to solve the crime?

Answer – computer or cyber forensics, in these forensic investigators, collect evidence, data, information as a proof to show in the court to the attorney to solve the crime from the computers, phones by performing hacking system, stolen data, blocking/, etc.

8] what is forensic graphology?

Answer – it is the study of handwriting on notes, poison pen letter, blackmail demand, suicide notes/, etc. the handwriting can help in knowing the mood, integrity, intelligence, motivation, emotional stability of the culprit.

References

1]https://www.hilarispublisher.com/journal-forensic-medicine/aims-and-scope.html#:~:text=Forensic%20Medicine%20is%20a%20multidisciplinary,blood%20samples%2C%20and%20so%20on.

2]https://www.pinow.com/investigations/forensic-investigations#:~:text=Forensic%20investigation%20is%20the%20gathering,how%20a%20crime%20took%20place.

3]https://www.google.com/url?sa=t&source=web&rct=j&url=https://s3.studentvip.com.au/notes/26032-sample.pdf%3Fv%3D1539672234&ved=2ahUKEwiT5cC-yazsAhVdzDgGHQBhBvoQFjAFegQICxAB&usg=AOvVaw3rJbYoMlnokt6UXClBz9Hw&cshid=1602420746981

4]https://www.pinow.com/investigations/forensic-investigations#:~:text=Forensic%20investigation%20is%20the%20gathering,how%20a%20crime%20took%20place.

5] ibid [3]

6] https://ifflab.org/the-importance-of-forensic-science-in-criminal-investigations-and-justice/

7]https://scholarticles.wordpress.com/2016/02/11/ms1/#:~:text=As%20per%20Section%2045%20of,questions%20as%20to%20identity%20of


[1] AIR 2005 P&H 1556

[2] AIR 1999 cr LJ 3699 (SC)

[3] AIR 1973 SC 2200

[4] 1997, 4 SC 635

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