Forensic Science

Forensic science is defined as the application of science inanswering questions that are of legal interest. Morespecifically, forensic scientists employ techniques and tools tointerpret crime scene evidence, and use that information ininvestigations. Forensic scientists and technicians come from avariety of academic backgrounds, although most have completedcoursework in the life sciences, chemistry and law enforcement. 

Types of Evidence: Forensic scientists often work as generalists, meaning that theyhave expertise in working with a wide variety of evidence types.However, many also specialize in the use of certain techniquesand tools. Different types of evidence require different skillsand equipment. Types of evidence that are most frequentlyanalyzed during investigations include: trace evidence andbiological and ballistic evidence. Trace evidence is foundwherever an object or person has had contact with another objector person and each of the objects leaves behind some sign of itshaving been there. Fingerprints and tire tracks are examples oftrace evidence. Biological evidence will be found wherever thereis bodily fluid or human or animal remains, and can include DNAtesting. Ballistics is the study of firearms and, in particular,the path that a bullet takes during flight. 

i) Biological Evidence: In examining biological evidence, forensic scientists use toolsboth at the scene, and in the lab. When a forensic scientistarrives at a crime scene, he may look for human remains, blood orother bodily fluids and collect samples of any that are found.Because not all bodily fluids (particularly those that have beencleaned up after) are visible to the naked eye, the scientist canuse the chemical Luminol to show latent traces of blood. Wherelarge quantities of blood are present, an expert in blood spatteranalysis can examine the patterns and size of the bloody areas todetermine information such as the trajectory of the blood. Thisdata can help an investigator deduce what type of weapon wasused, or where the perpetrator and victim were standing during

the attack. 

ii) DNA Evidence: DNA evidence uses the unique genetic markers that identifyindividuals to determine whether a person was at a scene, or toidentify a piece of property as belonging to a specific person.In order to identify an individual's DNA it must be extractedfrom a piece of property that a person has had contact with, andhas left a bodily fluid such as semen, blood or saliva on. Thescientist performs tests that identify genetic markers and createa profile that is unique to that person, and can be compared to asample taken from any individual. Scientists may also attempt toget enough blood from evidence to conduct toxicology testing, todetermine the presence of alcohol, drugs, poisons or chemicals.

iii) Trace Evidence: Trace evidence is found where two objects have made contact witheach other. When a person or an object touches another object,some 'trace' of the two will be exchanged. This is the theorybehind the analysis of fingerprints, tire and footprints, andfiber analysis. Technicians lift fingerprints from surfaces bydusting the area with a powder which sticks to the oils in thefingerprint. She then employs fingerprint lifting tape to takethe print from the surface to the lab, where it can be analyzed.In the case of a footprint, tire track or other pattern that wasleft in an outdoor area, a forensic scientist can fill in thedepression with plaster, which can be removed after it sets up.The casting is taken to a lab where it is stored until needed, orcompared against a known sample, such as a suspect's shoe. 

iv) Ballistics: Some forensic scientists specialize in the field of ballisticstesting. Ballistics is a science that involves the science of theflight path that a bullet takes as it travels to its target.Trained ballistics specialists can glean a tremendous amount ofinformation about the type of weapon that was used, the path ofthe bullet and more through the examination of the bullet itself.Guns produce a specific pattern of wear and grooves on bullets asthey are fired, and this pattern is unique. By examining the

bullets and test-firing weapons, an investigator can frequentlyeither identify the type of firearm that was used, where it wasfired from, or even match the bullet with a specific weapon. 

Scope of Forensic Science: Forensic science has shaped the world of justice, fuelling crime investigations andsignifying the progress of modern technology. Forensic science of today covers : · Modern computer/clay facial reconstruction; · DNA fingerprinting; · Autopsy techniques; · Forensic anthropology; · Toxicology and much more. 

What more reliable method is there to prove innocent or guiltyother than through science? 

Forensic Psychology: Psychological evaluation is regarded as the key to human brain incrime investigation. 

There are certain steps to be followed in psychological evaluation, which includes: i) Psychological profiling ii) Psychological assessment iii) Polygraph iv) Brain Electrical Oscillation Signature Profile (BEOS) v) Narcoanalysis 

Psychological Profiling: Psychological Profiling is the study of the psychologicalbackground of the person. This is done for the completeunderstanding of the individual. It consists of the following: 

a) Personal History: Family, childhood behaviour, education,occupation, health, sex marriage, emotional and fantasy life,habits, moral life alcohol or substance use, religious and othercultural ballets, interpersonal and social relationships. 

b) Mental Status Examination: Presence of psychiatric andneurological symptoms, abnormality in orientation, attention,

concentration, memory, speech, perception, mood, thoughtprocesses, judgement, incite and other behavioural manipulationsare assessed. 

Psychological Assessment: This assessment helps us to understand the personality,attitudes, beliefs, moral values, behavioural patterns of theindividuals and specially their tendency to commit crimes. 

Assessment also aims at cheching for the presence or absence ofvarious forms of abnormal behaviour and personality disordersthat can lead to criminal behaviour. 

It also reveals a person’s tendencies to lie, fake, manipulate,put himself in good or bad light etc. especially in a standardsocial situation. 

Polygraph: It measures physiological responses produced by inducing stressby asking questions. 

This is done by: · Verifying the veracity of statements of suspect, witness andcomplainant in crimes. · Economize the process of investigation by creening large numberof suspects. · Corroborates or rules out the possibility of someone’sinvolvement and helps investigation. · Variety of testing formats available based on the nature ofcase and information available. 

Brain Electrical Oscillation Signature Profile (BEOS): This was developed by Dr. Mukundan based on the concept ofExperiential Knowledge (EK). EK is the memory acquired when anindividual participates and is fully involved in an event (Crime)which becomes an experience. 

Probes related to the crime activates memory (EK) related to theexperience of committing the crime causing significant electrical

changes in the brain.

Scope of BEOS: · Checks for the individuals involvement in a crime. · Differentiates the extent of participation of each individualin the crime. · Various possibilities about the way the crime was committed canbe tested. · Acquires information directly from the brain and does notrequire the person’s participation leaving no scope formanipulation. 

Narcoanalysis: It is an invasive technique in which sodium pentothal, a drug isinjected to the subject to induce a semiconscious state anddisinhibition and he is interviewed on the details of the crime. 

Sodium Pentothal removes conscious control and makes the persondisinhibited. It makes him more relaxed, comfortable, open, freeand conversant. 

Narcoanalysis is conducted at an operation theatre with thenecessary facilities for life support wherein the psychologistinjects the drug and retrieves vital physiological parameters andforensic psychologist conducts the interview. 

Scope of Narcoanalysis: · Scientific technique but can help elicit concealed informationrelated to the crime. · Helpful especially in cases of larger social interest liketerrorism · Results admissible in the court can help further investigationin a case. · Court order is mandatory for Narco analysis. 

Cyber Forensics: It is the art and science of applying computer science to aid thelegal process. Although plenty of science is attributable tocomputer forensics, most successful investigators possess a nose

for investigations and a skill for solving puzzles, which iswhere the art comes in. - Chris L.T. Brown, Computer EvidenceCollection and Preservation, 2006. 

Thus, it is more than the technological, systematic inspection ofthe computer system and its contents for evidence or supportiveevidence of a civil wrong or a criminal act. Computer forensicsrequires specialized expertise and tools that goes above andbeyond the normal data collection and preservation techniquesavailable to end-users or system support personnel. Onedefinition is analogous to "Electronic Evidentiary Recovery,known also as e-discovery, requires the proper tools andknowledge to meet the Court's criteria, whereas ComputerForensics is simply the application of computer investigation andanalysis techniques in the interests of determining potentiallegal evidence."[1] Another is "a process to answer questionsabout digital states and events". This process often involves theinvestigation and examination computer system(s), including, butnot limitied to the data acquisition that resides on the mediawithin the computer. The forensic examiner renders an opinion,based upon the examination of the material that has beenrecovered. After rendering an opinion and report, to determinewhether they are or have been used for criminal, civil orunauthorized activities. Mostly, computer forensics expertsinvestigate data storage devices, these include but are notlimited to hard drives, portable data devices (USB Drives,External drives, Micro Drives and many more). 

Scope of Cyber Forensics: Cyber experts provides various Forensic Science servicesincluding- Forensic Expert Opinions Under Section 45 of IndianEvidence Act on Questioned Document & Handwriting Analysis,Fingerprints, Forged Electronic Documents, Digital DocumentFrauds, Disguised Documents, Spoofed Emails, Phishing emails,Phishing sites, Copyrighted Websites, Original Author, RealCreator, Designer or Owner of Computer Files, eContracts,eAgreements, Authenticity of Images, Photo, Camera, Video, AudioFiles, Film, Tape, Picture, Deleted Data Recovery, DigitalEvidence Recovery, Location of Email, IP Location, Website

Registrar, Fake Content, Fake Profiles, Porn Clips, VulgarEmails, Spam Mails, Lottery Emails, Secure Deletion of SensitiveInformation, Retrieving user history, password recovery, logindetails recovery, MMS, Sim Card Data Recovery, Call History onMobile Phone, Deleted SMS Recovery, Electronic EvidencesCollection, Mirror Imaging, Hash Value, Scanned Documents,Duplicate Documents, Decipher, Invisible Writing, HiddenEvidences, Blackmailing Messages, Suicide Notes, DisputedDocuments, Legal Softwares, Forensic Work Stations, EnCase,Forensic Tool Kit, iLook, Xway, Cyber watch, Guidance, AccessDatabases, Outlook Express Email Recovery, Web Mail Traces, PDFFiles, Excel Files, Litigation, Threatening or Anonymous Emails /Chat, File or Folder Age / Date / Time Analysis, CrossExamination, Expert Testimony, Typewritten Document Examination,Computer Printout Examination, Infrared / Ultra VioletExamination of Printed Papers, fake agreements, Consumer Courtrelated documents, Expert Consultation, Breach ofConfidentiality, Legal Consultancy, Wrongful Termination,Forensic Imaging, Forensic Photography, and many more... 

Common types of Cyber Crime in India: · Financial Crimes · Cyber Pornography · Sale od illegal article · Online gambling · Intellectual Property Crimes · Email Spoofing · Forgery · Cyber Defamation · Cyber stalking 

Digital Evidence Recovery: This includes: · Searching slack space · Searching unallocated clusters · Reconstructing the partitions if needed · Extracting deleted files · Reading operating system registry and logs · Extracting emails, web addresses, internet history, credit card

numbers etc. · Recovering the passwords set to the files · Reading contents in printer spool files · Reading mobile phone memory · Reading contents of sim cards · Reading contents of additional memory cards · Extracting existing and deleted call logs, messages, addressbook, images etc. 

Steps involved in Cyber forensics: · Identification: identify the media to be seized · Seizure: use the right technique to seize the media · Acquisition: making a forensic duplicate of the media · Authentication: validation of forensic duplicate · Analysis: techniques to look for evidence · Presentation: putting together all the findings · Preservation: storage of the suspect media 

Explanation: Speaker Identification: It is the way of identifying a person solely by their speech. Theaim of speaker identification is to compare the sample from theunknown speaker with the known set of samples and determinewhether it was produced by any of the known speakers. 

Importance of Speaker Identification Technique in CrimeInvestigation: It plays a major role in solving the following types of cases: · Bribery cases · Kidnapping for ransom · Call girl rackets · Obscene telephone calls · Bomb threat calls · Terrorist to claim credit for a terrorist action · False telephonic message · False fire alarms Tape Authentication: 

To determine whether or not a tape has been edited, tampered

with, or altered in any way. Video authentication is a processthat is used to ascertain the trustworthiness of a digitalvideo. 

In other words, a video authentication system ensures theintegrity of digital video, and verifies that the video takeninto use has not been tampered.

Toxicology: It is a science embodying the knowledge, source, character, fataleffect, lethal dose, analysis of poisons and the remedialmeasures. 

Poison: It is a substance which is capable of producing injury or deathto living beings, when ingested or absorbed. Eg: LD 50 (Lethal Dose): It is a dose of a substance causingdeath of 50% animals. Extremely toxic substance weighs less than 5mg 

Toxicology can pull the following sections: · Section 174 of Cr.P.C: Poison Consumption · Section 302 of IPC: Murder · Section 279 of IPC and Motor Vehicle Act: Accidents · Section 309 of IPC: Suicide · Section 498(A) of IPC: Dowry Death 

TLC: (Thin Layer Chromatography): This is a simple and sensitive technique routinely used inforensic science laboratories. In this technique glass plates ofsize 20x20 cm are coated with slurry of silica gel G. dried inoven at 110 oC. Extracts of the matrices are spotted on theseplates. Then plates are eluted in the developing chambercontaining solvent mixtures hexane: Acetone 8:8 v/v as a mobilephase. When solvent reaches upto 10cm height, plates are removed,dried and sprayed with different visualizing reagents. In TLC Rf– value is an important measure. 

All pesticides, insecticdes, plant growth regulators, weedicides,

herbicides, fungicides and most of the drugs can be detectedusing this technique. 

Visualization reagents for insecticides: Organophosphorous: Rogor, Thimet: Mercurous nitrate, Mercuricnitrate-DPC 

Organochlorine: Endosulfan: NaOH followed by Nickel Amine 

Carbamate insecticides: Bagon: Tollen’s reagent, Diazophenolreagent 

Pyrethroids: NaOH followed by FeSO4 followed by HCl, Resorcinonin NaOH 

For Phenois, Cresois: Iodine vapours, FeCl3 followed byK4Fe(CN)6 

Drugs, Plant Poisons: Dragandorff’s reagent, acidic KMnO4,Chromic acid 

Steps to be followed in investigation of death by PoisonConsumption: · Crime Scene Observation · Hospitalisation to victim · Collection of stomach aspirates by M.O. · Collection of poison bottles, drug strip · Suspicious articles · Stained clothes 

Collection of Viscera in post mortem be CMO: · Stomach intestine contents, · Heart, Liver, spleen, lungs, kidneys · Blood · Preservatives

Tools that are used in Forensic Examination & Investigation: Forensic examination and investigation is a field of science that

is employed every day to help bring criminals to justice.Television shows, such as "CSI: Crime Scene Investigation," havepopularized the field. But in real life, forensic examinationinvolves long hours of careful observation, testing and study. Anumber of special tools and techniques have been developed tohelp investigators do their job. 

Blood Testing While not as accurate as genetic fingerprinting, testing for ablood type is still a useful tool for helping to determine guiltor innocence. If a victim has type A blood and a drop on asuspect's shirt turns out to be type B, it cannot have come fromthe victim. 

Comparison microscopes These specialized microscopes allow forensic scientists tocompare two bullets at the same time. An evidence bullet iscompared to one fired from a suspect's gun under controlledcircumstances. The comparison lets scientists tell if theevidence bullet was also fired from the suspect's gun. 

Neutron Activation Analysis This process allows forensic scientists to compare shards of ashattered bullet on an atomic level. The shards can then becompared with the metallic makeup of bullets found in a suspect'spossession. 

Autopsies Autopsies are used to determine the time and cause of death. Forexample, if a person has drowned, the blood on the left side ofthe heart will be diluted with water. If a body has been found ina pool with undiluted blood, forensic scientists know that theperson was not breathing when they went into the water and waspossibly killed first. 

Electron Microscopes Electron microscopes can magnify surfaces as much as 200,000times. 

Chemical analyzers Mass spectrometers and gas cinematographers are used to analyzeand separate chemical components, which is particularly useful indrug-related crimes.

Conclusion: Forensic science plays an integral role in the criminal justicesystem. Well-trained forensic scientists and medical examinerscan be the determining factor in the ability of evidence toadequately represent the facts of a case. Forensic science can beused in almost any criminal case; however, investigations ofhomicide, rape, and arson are those that benefit the most fromforensic science. 

Everyone is familiar with the television show “C.S.I.” While thisshow involves a lot of idealism, and often times skews thereality of forensic science, at its core “C.S.I.” represents theimportance that quality forensic science can play in acomplicated case. In complicated cases, and even in relativelysimple ones, the most minute of details can become paramount to asuccessful prosecution or defense. Forensic scientists aretrained to analyze crime scenes, evidence, and personal testimonyto create a visualization of how a crime occurred. Anunderstanding of the circumstances surrounding a crime is pivotalto ensuring that the correct charges are brought against thecorrect person. The mishandling or misinterpretation of evidencecan be devastating to the goals of the criminal justice systemand can result in the wrongful conviction of innocent persons andthe failure to convict the true perpetrator, which is why youneed a skilled criminal defense lawyer in Knoxville if you’vebeen convicted of a criminal offense. Conversely, correctlyapplied forensic science ensures that justice is served andinnocent persons remain free.

Forensic Evidence: The Legal Scenario

In the middle of 19th century natural science began to develop by leaps and bounds. The mystic theories theretofore advanced to explain the scheme of things began to lose ground as the clear, cold logic of scientific experiment gradually shed a new light on the mysteries of universe. The change in point of view from the mystic to the scientific soon became apparent not only in criminal investigation but in the different facets of the legal system. Now there emerged two facets of a single case. The facet stated and the facet proved from scientific view point. The era of forensic science had arrived.

Before venturing in the fascinating and intriguing world of Medical Science and DNA testing let us try to seek thelink between evidence and forensic science.

Definition of Evidence: Strictly in legal context, evidence can be defined as various things presented in court for the purpose of proving or disproving a question under inquiry. It includes testimony, documents, photographs, maps and video tapes. These are termed as evidence of the case. Trial evidence consists of: 1. The sworn testimony of witnesses, on both direct and cross-examination, regardless of who called the witness. 2. The exhibits which have been received into evidence. 3. Any facts to which all the lawyers have agreed or stipulated. Arguments and statements by lawyers are not evidence. Thelawyers are not witnesses. What they say in their openingstatements, closing arguments, and at other times is intended to help you interpret the evidence, but it is not evidence.

Cultivating this definition further brings us to the doorstep of the “Laws of Evidence" ,which significantly is not a branch but altogether a different segment of legal system. So we can conclude that the term 'Laws of Evidence' as a body of law. The subject-matter of that body of law, however, is not properly defined. It is a critical task to define as it determines the rules of lawto be reviewed and critically examined and the scope of any proposals.

Attempts at Definition: The Law of Evidence can be defined asThose rules which directly or indirectly: 1. Control what evidence may be received; 2. Control the manner in which evidence is presented and received; 3. Control how evidence is to be handled and considered once it is received and what conclusions, if any, are to be drawn from particular classes of evidence;4. Specify the degree of satisfaction that the tribunal of fact must attain in determining whether a fact in issue is established and the consequences if such a levelof satisfaction is not reached.

This is the approach of several writers. It has been found, however, that this formulation is unsatisfactory as it includes both substantive and procedural rules. While the definition of the 'laws of evidence' has been considered by the courts, they have not attempted an exhaustive definition. After attempts to define law of evidence lets define forensic evidence and the way it can be related with law of evidence.

Definition of forensic science:Forensic science is the use of science in the service of the law. Sciences used in forensics include any discipline that can aid in the collection, preservation and analysis of evidence such as chemistry (for the identification of explosives), engineering (for examination of structural design) or biology (for DNA identification or matching).A forensic scientist is expert in any technical field and can provide an analysisof the evidence, witness testimony on examination results, technical support and even training in his or her specialized area.

Analysis of forensic evidence is used in the investigation and prosecution of civil and criminal proceedings. Often, it can help to establish the guilt orinnocence of possible suspects. Forensic evidence is alsoused to link crimes that are thought to be related to oneanother. For example, DNA evidence can link one offender to several different crimes or crime scenes (or exoneratethe accuse d).Linking crimes help law enforcement authorities to narrow the range of possible suspects and to establish patterns of for crimes, which are useful in identifying and prosecuting suspects. Forensic scientistsalso work on developing new techniques and procedures forthe collection and analysis of evidence. In this manner, new technology can be used and refined not only to keep forensic scientist on the cutting edge of science, but tomaintain the highest standards of quality and accuracy.

Forensic analysis is usually carried out by experts working individually or in teams. Advanced techniques often require laboratories where the investigative conditions can be carefully controlled and monitored. Private laboratories and government agencies support

small and large forensic labs. Analysis of forensic evidence is used in the investigation and prosecution of civil and criminal proceedings. Often, it can help to establish the guilt or innocence of possible suspects. Forensic evidence is also 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 (or exonerate the accused). Linking crimes helps law enforcement authorities to narrow the range of possible suspects and to establish patterns of for crimes, which are useful in identifying and prosecuting suspects.

Forensic scientists also work on developing new techniques and procedures for the collection and analysisof evidence. In this manner, new technology can be used and refined not only to keep forensic scientist on the cutting edge of science, but to maintain the highest standards of quality and accuracy. The in depth analysis of forensic evidence brings us to the main course of our topic. The different types of methods that can be used inforensic science and their acceptability in the legal system. Thus for better understanding we take in to per view a commonly applied method of forensic evidence:

DNA Testing:Definition of DNA Testing:DNA is an abbreviation of Deoxyribo Nucleic Acid. It is an organic substance, which is found in every living celland gives an individual a personal genetic blue print. Itcan be extracted from a whole variety of different materials like,. Blood, saliva, semen, hair, urine, body fluids, bones, body organs etc. DNA was discovered in 1869 by a Swiss scientist Frederick Micscher. Sir Alec. J. Jeffereys discovered the use of DNA for forensic

analysis in 1984.It was first used in England by the police in the famous Enderby case involving two girls whohad been raped and murdered.

DNA tests are highly effective because every person’s DNAis unique except identical twins. The greatest asset of DNA is that it is so specific to every individual that itcannot be tampered. DNA tests can be used to establish parentage of a child, detect crimes, and identify mutilated dead corpses. They are of immense help in criminal justice administration and in some civil disputes like succession, inheritance etc.

DNA testing has become an established part of criminal justice procedure, and the admissibility of the test results in court has become routine. Although DNA testinghas accomplished a great deal in opening up new sources of forensic evidence, its full potential to identify perpetrators and exonerate people falsely convicted has yet to be realized. For this to be done requires further advances in testing technology and in systems to collect and process the evidence. These advances are now under way.

The development of forensic DNA testing has expanded the types of useful biological evidence. In addition to semenand blood, such substances as saliva, teeth, and bones can be sources of DNA. These sources are expanding still further, as researchers explore the potential of other biological substances, such as hair, skin cells, and fingerprints.

Even though the sources are multiplying, the use of DNA evidence is currently limited because much of what could be tested remains unrecovered and unanalyzed. The numbersare increasing, but of all sexual assault convictions for

which DNA collection is legislatively mandated, samples were obtained from less than half of the individuals, andof the cumulative number of DNA samples obtained, only 20percent have been processed.

The reasons for the lag in evidence recovery and processing are scarcity of law enforcement resources, labbacklogs caused by insufficient funding, and time-consuming and costly testing methods. Given the deadlinesimposed by the courts, it is not possible to analyze all the potential evidentiary specimens submitted. More rapid processing of DNA evidence should make it possible to overcome these obstacles within the next few years as a result of improvements in technology. The turnaround time of RFLP (Restriction Fragment Length Polymorphism) Analysis has recently been reduced. More promising is the anticipated replacement of RFLP by PCR (Polymerase Chain Reaction) based technology, which takesonly days to perform. Initial collection of evidence is improving as a result of the establishment in many jurisdictions of more structured crime-scene teams and more formalized evidence collection procedures. In the past few years alone, major technological advances have been made in fingerprinting, the development of computerized fingerprint databases and are perhaps most familiar because of recent sensational criminal cases related to DNA testing.

The Indian Scenario:Let us first cultivate the legal aspect of forensic and medical evidence in the India. As per Section 45 of Indian evidence Act 1872- When the Court has to form and opinion upon a point of foreign law or of science or art,or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled

in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions are relevant facts. Such persons are called experts. Further as per Section 46 of Indian evidence Act 1872- it is stated that facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts, when such opinions are relevant.

Thus the ingredients of section 45 and section 46 are highlights that:1) The court when necessary will place its faith on skills of persons who have technical knowledge of the facts concerned. 2) The court will rely the bona fide statement of proof given by the expert concluded on the basis of scientific techniques. 3) The evidence considered irrelevant would be given relevance in eyes of law if they are consistent with the opinion of experts.Thus we see that expert evidence helps the courts to drawlogical conclusions from the facts presented by experts, which are based on their opinions derived by their specialized skills acquired by study and experience. Hence, experts are routinely involved in the administration of justice particularly in criminal courts.

Highlighting the situation in the most commonly sought after experts:The Medical Experts:In India, we have adversarial system of justice administration and ordinarily medical evidence is admitted only when the expert gives an oral evidence under oath in the courts of law expect under special circumstances like: 

a) When evidence has already been admitted in a lower court;b) Expert opinions expressed in a treatise;c) Evidence given in a previous judicial proceeding; d) Expert can not be called as witness;e) Hospital records like admission/discharge register, birth/death certificates etc.

In, India, it is a common perception that lot of time andeffort is required to record evidence and therefore by enlarge members of the medical profession does not like to involve in medico legal cases. Some of the possible reasons put forward for this perception are: a) Undue time consumption; b) Repeated adjournments;c) Lack of work culture in the courts

Hardly, any scientific data is available to support or refute this perception in relation to medical evidence. Therefore, it was planned to undertake a pilot study to analyze the quantum of time and effort put in by medical experts to get the evidence recorded in criminal courts and other issues related to it.

DNA technology in Indian legal scenario: Let’s discuss the topic of application of DNA testing in India:

Determination of parentage:Indian courts have time and again held that the evidence for proving non-access must be strong, distinct, satisfactory and conclusive. DNA tests can be strong evidence as they are correct up to 99% if positive and 100% if negative.

Related case laws: * Vasu vs Santha 1975 (Kerala) * Gautam Kundu vs State Of West Bengal. In the above cases the court has laid down certain guidelines regarding DNA tests and their admissibility toprove parentage. (1) That courts in India cannot order blood test as a matter of course; (2) Wherever applications are made for such prayers in order to have roving inquiry, the prayer for blood test cannot be entertained. (3) There must be a strong prima facie case in that the husband must establish non-access in order to dispel the presumption arising under Section 112 of the Evidence Act. (4) The court must carefully examine as to what would be the consequence of ordering the blood test; whether it will have the effect of branding a child as a bastard andthe mother as an unchaste woman. (5) No one can be compelled to give sample of blood for analysis.

Further the court said Blood-grouping test is a useful test to determine the question of disputed paternity. It can be relied upon by courts as a circumstantial evidence, which ultimately excludes a certain individual as a father of the child. However, it requires to be carefully noted no person can be compelled to give sampleof blood for analysis against his/her will and no adverseinference can be drawn against him/her for this refusal.

Crime detection and DNA technology: Though there is no specific DNA legislation enacted in India, Sec.53 and Sec. 54 of the Criminal Procedure Code,1973 provides for DNA tests impliedly and they are

extensively used in determining complex criminal problems.

Sec. 53 deals with examination of the accused by medical practitioner at the request of police officer if there are reasonable grounds to believe that an examination of his person will afford evidence as to the commission of the offence.

Sec. 54 of the Criminal Procedure Code, 1973 further provides for the examination of the arrested person by the registered medical practitioner at the request of thearrested person. The law commission of India in its 37th report stated that to facilitate effective investigation,provision has been made authorizing an examination of arrested person by a medical practitioner, if from the nature of the alleged offence or the circumstances under which it is alleged to have been committed, there are reasonable grounds for believing that an examination of the person will afford evidence.

Sec. 27(1) of Prevention of Terrorism Act, 2002 says whena investigating officer request the court of CJM or the court of CMM in writing for obtaining sample of hand writing, finger prints, foot prints, photographs, blood, saliva, semen, hair, voice of any accused person, reasonable suspect to be involved in the commission of anoffence under this act. It shall be lawful for the court of CJM or the court of CMM to direct that such samples shall be given by the accused person to the police officer either through a medical practitioner or otherwise as the case may be.

Conclusion There is a unanimity that medical and forensic evidence plays a crucial role in helping the courts of law to

arrive at logical conclusions. Therefore, the expert medical professionals should be encouraged to undertake medico legal work and simultaneously the atmosphere in courts should be congenial to the medical witness. This attains utmost importance looking at the outcome of the case, since if good experts avoid court attendance, less objective professional will fill the gap, ultimately affecting the justice. The need to involve more and more professionals in expert testimony has been felt by different organizations. The American College of physician's guidelines for the physician expert witness emphasizes on broad physician participation in providing this much-needed assistance to the legal system. The college believes that more doctors should serve as experts as a component of their professional activities in order to meet the need for medical testimony. This objective of greater expert participation can only be achieved by addressing to the apprehensions that ponder the mind of medical professionals. In the light of new developments in the forensic science, the home ministry, Govt. of India constituted a committee under the chairmanship of Dr. Justice V.S Malimath to suggest reforms in the criminal justice system. This committee suggested comprehensive use of forensic science in crime investigation. According to the committee DNA experts should be included in the list of experts given in section 293(4) of Cr.P.C, 1973.

Suggestions provided by the Malimath committee report, submitted that:1. Sec. 313 of the CR.P.C must also be amended so as to draw adverse inference against the accused if he fails toanswer any relevant material against him therefore, making it easy for the law enforcers to use DNA tests against him. 

2. A specific law should be enacted giving guidelines to the police setting uniform standards for obtaining genetic information and creating adequate safeguards to prevent misuse of the same.3. A national DNA database should be created which will be immensely helpful in the fight against terrorism. 4. More well-equipped laboratories should be established to handle DNA samples and evidence. 5. Efforts should be taken to create more awareness amonggeneral public, Prosecutors, judges and police machinery.

Different aspects of the justice administration can be further improved by the following measures:a. Discouraging routine summoning of doctors;b. Calling expert witness at pre-scheduled time; c. Recording experts' testimony by alternative judicial officer in case of non-availability of the presiding officer the court that summoned him. d. Amending provision of criminal procedures to have admissibility of the medical records; e. Recording of experts' testimony through video-conferencing.