FORENSIC SCIENCE
1450. Forensic science is a dynamic field comprising of mainly the application of various branches of science to the administration of justice in a criminal justice system. The criminal investigation is a team effort, where the Police and the Forensic Scientist have co-ordinated role to play. The effective prosecution of a case can be achieved largely by
i. Producing the evidence in a legally admissible form
ii. Scientific examination and analysis of clue materials.
iii. Evaluating the result of scientific analysis and interpreting them and
iv. Effective use of forensic findings in the prosecution.
2. The major contribution of forensic science is in the area of scientific examination and analysis of evidence materials either collected from the scene of crime or obtained by the investigating agency during the course of investigation. Further, significant contribution can also be made to improve the efficiency of the investigation by the presence of the forensic scientists at the scene of crime to precisely decide on the nature of clue materials on which reliance could be placed either during the investigation and/or during the trial. Forensic science has gained tremendous evidentiary value owing to the rapid development of science and technology. The outstanding advancement of forensic science is in the area of DNA (DEOXYRIBOSE NUCLEIC ACID) profiling on the basis of which it has become possible to precisely fix the identity by analysing blood, saliva or semen of the accused or victim.
FORENSIC SCIENCE LABORATORY.
1451. The Forensic Science Laboratory in Karnataka State came into being in the year 1967. The services of Biology, Toxicology, Chemical, Question Documents , Fire Arms, Physical and photography sections of the Forensic Science Laboratory cater to the examination and opinion on the exhibits of criminal and civil cases.
The Forensic science Laboratory has great responsibility in aiding the investigation right from the examination of scene of offence to the level of rendering evidence before the courts of law in the system. The FSL primarily caters to the needs of investigation at various stages, thereby producing an impact on the quality of investigation in the areas mentioned below:
i) Recognition of evidence materials at the scene of crime.
ii) Collection and preservation of the clue materials so recognised
iii) Analysis, examination and testifying the forensic findings and
iv) Interpretation of the forensic results.
THE SCENE OF CRIME
1452. (a) Optimum value of the criminal investigation depends mainly on the `Physical evidence’ selectively collected from the scene of crime. It should be remembered at this stage that crime laboratories do not solve all the crimes. Only a through and competent investigation by the team of exports will enhance the chance of success of investigation as well as prosecution. The forensic scientist is an important member of this team. The very first step to be under-taken by this team is to carefully scrutinise the scenes of crime, because invariably in every scene of occurrence the criminal will have undoubtedly left some clues
(b) The task of the investigating agency begins with precisely safeguarding/protecting the scene of crime by undertaking the following :
1. The forensic scientist, forensic pathologist, fingerprint expert, dog squad and photographer may be requested to visit the scene of crime and they may be briefed about the history of the case so that they can decide about the nature of clue materials to be looked for.
2. Clear all non-essential persons from the crime scene, as greater the number of people present on the scene of crime, greater is the damage/loss of evidence materials.
3. Record the scene of occurrence by photographing, using various techniques of photography in order to avoid confusion, if questions arise later as to where the clue materials were found and by whom. If objects are removed, position changed or items added, the photographs taken may not be admissible at a trial and as a result, their intended value will be lost. If the crime has taken place indoor, photograph the entire room showing the area of each wall. Rooms adjacent to the scene of crime must also be similarly photographed. If the crime scene includes a body, photographs be taken showing the body’s position and location with reference to/relating to the entire scene. Close-up photographs are to be taken depicting injuries and weapons, if the weapons had been used in the commission of crime. Arrange for specific photographs of any other items which are supposed to be having a high evidentiary value. The use of video tape at crime scene is recommended.
4. Sketch the location of all evidentiary items highlighting their relationship with that of the scene and the surroundings.
5. After the above functions are performed the investigating agency may allow the finger print experts to look for latent finger prints without either destroying or displacing the evidentiary items.
(c) The task of forensic science experts begins with the recognition of proper scientific clue materials. The clue materials may be recognised by examining 1.the scene of crime and 2. Person, clothing and environment of the victim and the suspect. The investigating officer may realise at this stage, that even microscopic fragments and other inconspicuous materials, which are essential in arriving at a decision regarding the crime, may have to be collected with specialised skill. The effective results of examination of the scene of offence can be ensured only if there exists a keen sense of observation both on the part of the experts and the investigating officers. Negligence would invariably lead to negation of the forensic findings.
PACKING AND TRANSMISSION OF MATERIAL OBJECTS TO THE EXPERT.
1453. The proper packing and transmission of articles to the expert is very important since carelessness in the packing or transmission may damage the material and thus defeat the very purpose for which articles are sent.
Damage is commonly caused by:
1. improper handling of material objects in the first instance leading to accidental loss of or addition to the evidence provided by the material objects,
2. decomposition which can be prevented by drying blood and seminal stains in the shade or by usual suitable preservations, as in the case of viscera etc.,
3. careless packing, leaving material objects partly exposed or loosely held, leading to damage during transit or by contract with other objects or by friction and
4. insecure packing or sealing, permitting of the contents to be tampered with.
FOLLOWING ARE THE GENERAL INSTRUCTIONS FOR THE PACKING AND TRANSMISSION OF ARTICLES TO EXPERT
PACKING MATERIAL
1454. Material objects, by virtue of their varied nature require different types of packing materials. In the selection of such material the following points should be kept in view;
a. the packing material should be of sufficient strength to withstand rough handling and wear and tear during transmission by rail or road,
b. it should completely cover the material object,
c. it should afford ample protection to the material object against breakage and
d. it should permit of secure nailing or stitching to form a compact parcel and of sealing.
MODE OF PACKING
1455. (1) While marking the items, the following precautions are to be taken.
i. Each article should be separately packed and labelled serially in Form No.151.
ii. Label containing signature of the IO should be marked in such a way that marking will not interfere or destroy evidence material.
iii. More than one item should never be packed together. The clothing of the deceased may however be sent as one packing, but each item containing stains or other clues should be packed separately. However all such packages may be sent together in one box or bundle. Similar action should be taken for the clothing of the accused. Articles belonging to the accused and deceased should never be packed together, as by this, stains may be transferred from one article to another thus destroying the value of semen or other physiological substances, if any on the clothing of the accused or suspected person. It should be borne in mind that stains on clothing should be dried properly in the shade before packing.
iv. Articles which are themselves material objects, like gunnies, mats and pieces of cloth should never be used as wrapper for other articles in the case.
v. Clothes requiring examination for seminal stains should be sent as a whole, care being taken to cover the suspected dried stains with cotton wool to prevent them from being damaged during transit.
vi. If a number of bottles are to be sent, they should be so packed that they do not break in transit.
vii. More than one item should never be packed together. However if there a are number of packets belonging to one case such packets may be put and packed in a box or outer covering unless there is disparity in the size of the various articles. Articles belonging to different cases should not be sent together in one package. The container of the items should also be marked as described above.
viii. Articles concerned in one and the same bloodstain case should, as far as possible, be forwarded to the chemical examiner at the same time, so that specimen stains from them may be forwarded in one parcel.
ix. Objects for tool marks examination should be protected from sources which can induce scratches and abrasions. It is very important to note that the tool which is to be examined by the laboratory should not be fitted into a tool mark. This condition will equally hold good for items connected with gun shot cases. Similarly, a knife which is said to have been involved in a criminal case should never be fitted into a wound which is suspected to have been made by the knife.
x. The liquid samples and/or the control samples should never be placed in the same packet as the questioned samples are likely to run into the risk of breakage resulting in contamination of the sample either during transit or otherwise.
xi. Each container/packet should be sealed with seals having distinguishing mark/s. Impression found on keys, rings, coins, police-buttons, weights and other common objects must not be used for the purpose of sealing. Specimen impression of the seal used for sealing the items should immediately be sent with attestation.
xii. Each container/item should be labelled in Form No.151with the following information:
a) Crime number, Police station & section of law
b) Serial number of the article
c) Description of the article.
d) Signature of the investigating officer with date.
2) Investigating Officer shall use hand gloves while collecting the clue materials from the scene of crime. This is in order to prevent the contamination of the clue materials.
3) Labels should be as concise as possible and the words that imply conclusions such as `victim’ `bullet hole’ `accused’ `deceased’ `murder’ “weapon” should be avoided.
i) Articles to be sent to the expert should be kept in sight or under lock and key till they are packed and despatched. They should be sent through a Police officer, ordinarily a constable.
ii) While forwarding the exhibits for examination a letter of advice in triplicate in Form No.153 will have to be sent describing the following.
1. Police Station, crime number and section of law.
2. Facts of the cases in brief.
3. Description of each of the articles and mode of packing.
4. Specific nature of opinion required on each of the exhibits.
5. Whether any of the exhibits is to the returned or not.
4) The above letter of advice should be forwarded by an officer of the rank of Sub-Divisional officer and above. The forwarding officer should make arrangements by authorising an officer in his behalf to receive the articles examined by the Laboratory with in 10 days of time from the date of receipt of certificate of opinion, failing which the FSL would not hold the responsibility for the unclaimed articles.
5) It should be noted that the articles and substances forwarded by Police or Magistrates to the Chemical Examiner for medico legal purposes cannot be accepted unless the Police officer who carries such articles or substance appears in his uniform and if he is a Constable or Head constable, with his numerals also. If such officer should be one attached to the COD it would suffice if he produces his sannad or identity card . The police officer carrying the articles for the chemical examination should be cited as a witness in the charge sheet and examined as a prosecution witness.
It is worthwhile to know the functions of different sections in Forensic Science Laboratory which conduct analysis of the material objects forwarded by the Investigating agency.
I. BIOLOGY SECTION
1456. This section provides services in the following areas;
i. Identification of the origin of blood, typing and sub-typing of blood groups and other body fluids.
ii. Identification and comparison of plant fibers and hairs
iii. Identification and comparison of wood, plant and plant products
iv. Personal identification by super- imposition of skull with ante-mortem photographs
v. Co-ordinates with other institutions in the country for DNA profiling.
It must be noted by IOs that collection of samples from the bodies of victims/accused/suspects should be made by the medical officer handling the case.
BLOOD AND OTHER BODY FLUIDS
1457. For purposes of comparison of evidence, personal identification, quantification of alcohol and drugs and for the presence of many toxic compounds liquid blood from the victim suspect or from both may be required. For this purpose the samples should be collected as per the procedure below.
i. If blood is to be analysed for blood grouping and enzymes, 5 ml of the blood be collected and should be placed in a sterilised collection tube/vial. If heparin is available, then the blood is to be preserved by adding heparin (250 units) and refrigerated. If not, refrigerate ( at 4 deg. Celsius) with out adding any anti-coagulants or preservatives until delivered to the Laboratory.
ii. If blood is to be collected for toxicological analysis, about 20 ml of blood should be collected and preserved by adding 100 mg of sodium oxalate or 40 mg of sodium citrate as anti-coagulant and 200 mg of sodium fluoride as preservative and sealed air-tight. The samples so collected should be refrigerated until delivered to the Laboratory.
iii. 5-10 ml of blood should be drawn from the circulatory system rather than from a body cavity. This sample should be refrigerated for purposes of grouping and toxicological analysis. The sample should be refrigerated after the addition of anti-coagulant and for preservative.
iv. If Ethylene Di-amine Tetra Amine is available then 5 mg of EDTA per ml of blood should be preferably be added in place of either sodium citrate or oxalate.
v. No sodium fluoride should be added when blood is to be analysed for alcohol and carbon monoxide.
vi. Some of the blood group factors are adversely affected by time and non-refrigeration. This is specially so with post-mortem samples in which some deterioration may have started prior to collection.
vii. The liquid blood samples so collected should be submitted with in 48 hours of collection even though other evidence may not be ready for submission.
BLOOD GROUPING AND IDENTITY
1458. When the red blood cells of human individual are brought into contact with the blood serum of another human individual, the clotting or adhering together of the red blood cells is frequently caused. This phenomenon is known as agglutination. It is brought about by agglutinable substances or agglutinogens present in the red blood cells and agglutinating agents or agglutinnins present in the serum. Two types of agglutinogens, A and B are found in human blood. Based on the presence or absence of these agglutinogens and agglutinins human blood is classified into four groups ‘O’ ‘A’ ‘B’ and ‘AB’.
Group ‘O’ – The red blood cells of this group contain no agglutinogen but the serum contains agglutinins a and b. The serum of this group agglutinates the red blood cells of groups A , B, and AB. The red blood cells are inagglutinable.
Group ‘A’ – The red blood cells contain agglutinogen A and the serum contains agglutinin B. The serum of this group agglutinates the red blood cells of groups B and AB. The red blood cells of this group are agglutinated by the serum of groups O and B.
Group ‘B’ – The red blood cells contains agglutinogen B and serum contains agglutinen A. The serum of this group agglutinates the red blood cells of groups A and AB. The red blood cells of this group are agglutinated by the serum of groups O and A.
Group ‘AB’ – The red blood cells contain agglutinogens A and B, but the serum contains no agglutinin. The serum of this group has no agglutinating effect on the red blood cells of any group. The red blood cells of this group are agglutinated by the serum of groups O, A and B.
The agglutinogens and the agglutinins present in the blood of human beings persist throughout the life without changing the group and this basic fact constitutes the value of this test.
1459. (1) No method of differentiating male blood from female blood is yet known. But the determination of the group to which a specimen of blood belongs is of forensic importance in
a. the identification of blood stains on a suspect weapon as belonging to the same group as that of the victim
b. the identification of blood on the clothing of the accused as being of the same group as that of the victim and as these features of individuality are inherited, it is possible to apply the grouping further
c. to assist in disputed paternity
d. to assist in sorting babies claimed by two sets of parents or mixed in hospitals and
e. to assist in inheritance claims.
(2) Other body fluids such as semen, saliva, urine and perspiration if available in sufficient quantity can similarly be grouped for such purpose as the identification of a seminal stain on the victims clothing as belonging to the same group as that of the accused.
1460. (1) The importance of the group test lies in suggesting a suspect’s innocence rather than his guilt. If the group of a blood stain is not the same as that of the suspects blood, it can be averred with certainty that the stain was not produced by his blood, but, if the group of a blood stain is the same as his, the utmost that can be stated is that the blood stain could have been derived from him. The grouping reaction is thus of importance in that, besides helping to establish the innocence of certain person, it narrows down the field of enquiry by limiting the number of individuals from whom a given sample of blood may have been derived.
(2) Normally, when blood-stained articles like garments or other movable articles like chairs, tables and weapons are sent there is no need to send any ‘control’ because the chemical examiner can use the unstained portions for this purpose.
1461. In all cases where the blood group test is required to be conducted, the blood should be sent through the Government Medical Officer who will satisfy himself that the conditions required in this regard have been satisfied.
1462. It should be noted that the taking of blood from a living person can be made only with the consent of the person concerned, given freely after full explanation of the reasons for which the examination is required and of the consequences that may result. In all cases of doubt, consent should be taken in writing in the presence of dis-interested witnesses.
COLLECTION OF STAINS
1463. (1) Wet stains: If the stain is found on a large object, moist a swab with a minimum amount of distilled water and swab the stained area. A control swab from a unstained area close to the blood-stained area should also be similarly taken. Air-dry both the swabs separately. Package each of them in separate containers. Tip of the swab should not be handled. It should not be heated to dry. If evidence is wet, air-dry thoroughly.
(2) Dry Stains : Remove the dried blood-stain by scraping with a cleaned knife or scalpel and place it in an envelop.
(i) If dried smear of the blood-stain is found, then remove the stains by the procedure described for wet stains. A control swab should also be collected from the unstained area as described for wet stains. It should not be forgotten to air-dry at room temperature before packing. No two stains should be combined in one swab.
(ii) Even if the stains appear washed swab should be collected in the same way noted above.
EXAMINATION OF SEMINAL STAINS:
1464. (a) It is important that in cases of sexual assault, the accused and victim should be immediately examined for presence of semen. The cloths worn by the victim and the accused should be collected. The pubic hair and smears from the vagina or anus, as the case may be should be taken by the Medical officer.
(b) The major cellular component of semen is spermatozoa and its identification is one of responsibilities of the laboratory. Seminal fluid lacking spermatozoa ( due to vasectomy/congenital or venereal disease) can also be identified. Very often the CE is asked to determine whether the victim was suffering from a venereal disease from an examination of the clothes worn by the victim. It may not be possible to answer this question unless the vaginal smears are sent for examination. It is therefore necessary in all cases to send vaginal smears and pubic hair for examination. The stains on the clothing need not be marked with pencil or ink. It is enough if the dry stained areas are protected with pads of cotton wool before packing. The clothing should not be rolled as when the stain is dry, it becomes brittle and falls off in small pieces.
(c) In order to preserve spermotozoa seminal stains should as in the case of blood be dried thoroughly in the shade and kept dry. If this is done spermotozoa can sometimes be found even after long periods, months or even years.
(d) It is important to note that the vaginal secretions will be present around the shaft of the penis after intercourse. In case the swab of the shaft of the penis is taken immediately after intercourse, the analysis of the swab will provide additional evidence of A,B,O blood group specific substances of the victim and/or accused and evidence of vaginal epithelial cells.
SALIVA
1465. (1) It is the secretion of the mandibular submandibular and sublingual salivary glands. It contains enzyme ptyalin, chloride ions, buccal epithelial cells and blood group specific substances.
(2) The saliva should be collected by expectorating it on the central area of a tissue paper. Care should be taken to avoid the transference of perspiration from the hands of the collector. The collection should be air-dried on a clean surface, folded by using clean forceps, placed in an envelope. There after regular procedure to be followed for packing and sealing etc. for forwarding the same to the chemical examiner.
(3) If the complaint involves oral sex or the donor has any foreign substance in the mouth, then have the donor rinse the mouth with water and then make him chew gum or wax prior to expectorating.
(4) A saliva sample should be obtained from a deceased person by swabbing the mouth with a slightly moistened cotton. Air-dry, place it in a suitable container.
(5) If any wet saliva stain is found on any object in the scene of crime, swab the area with a cotton swab if the object is non-absorbent. Air-dry and place in an envelope. Collect the control swab of the area. If the object is absorbent then allow it to dry an d place it in an envelope. Ensure that the envelope is not sealed with saliva.
(6) Cigarette butts are not adequate substitutes for a proper saliva sample. If the butt of the cigarette is free of perspiration of the collector or contamination, then the same be sent for analyis in the laboratory for purposes of grouping.
(7) To determine the secretor status or for grouping of saliva pipes, drinking glasses or salivary glands should not be sent.
URINE
1466. Urine in liquid form and also in the form of stains should be sent to the FSL for its identification and for detection of any alcohol or drug content. Liquid urine (at least 50 ml) should be collected in a clean container, labelled, sealed and refrigerated until delivery to the Forensic Science Laboratory.
FAECES
1467. The only value of this material is in the identification as faecal material and possibly (since it is the end product of the digestive tract) the identification of certain ingested materials. The item should be packaged in an air-tight container, sealed and labelled.
BODY TISSUES
1468. It is possible to determine whether the tissue is of human or animal, and if animal whether of dog, cat, chicken, cow etc. ABO grouping personal identification by DNA profiling could also be undertaken, if the human tissues are well preserved. The tissues must be preserved in a refrigerator until dispatched to FSL.
HAIR
1469. (a) In cases of rape or homicides, where a struggle between the victim and the criminal is suspected to have taken place, there exists a possibility of either fibres or hair being present. The examination of hair as evidence in such cases will be of relevance. The hair so found in a scene of crime should be collected using rubber tipped tweezers and should be placed in an envelope and sealed. The control hair (about 10-15) should be collected as follows :
i) SCALP HAIR : Collect samples from different areas of the scalp taking into account variations in colour and length.
ii) PUBIC HAIR : Loose hair should first be collected by combing the pubic area with coarse toothed comb. Then sample public hair should be collected by lightly pulling the hair with finger tips
iii) OTHER BODY HAIR (Beard, Chest, Limbs etc.,);
(b) Pull a dozen hairs from appropriate area of the body of the victim and or suspect
FINGER NAIL SCRAPINGS
1470. The material most often found under the nail tips is blood, hair and fibres in minute quantities. They should be collected with the rounded end of a tooth pick. A separate tooth pick should be used for each finger nail. Care must be taken not to break the skin. Place tooth picks along with the contents in separate envelopes.
MAGGOTS
1471. (a) The examination of fly-maggots and eggs from a dead body may be of assistance in estimating the approximate period after death.
(b) A sample of representative range of each size of maggots should be collected. Place it in a jar containing sufficient alcohol or formalin so as to cover the sample. The date and time of collection as well as the temperature of the area where the body was located should be noted.
WOOD
1472. Fragments of wood slivers, saw dust etc., may provide useful information in some cases.
i) If the fragments of wood are suspected to be found on the clothing of the person involved in crimes, remove the clothing carefully and package it. Use a clean paper to collect the fragments likely to fall during removal of clothing.
ii) The working end of tools such as pliers should be wrapped in paper to form a sheath.
iii) Saws with wood particles in the teeth should be packed to prevent dislodging and loss of materials.
iv) The damaged section of wood should also be forwarded.
v) Plant fragments, seeds leaves etc., suspected to be present on the clothing can be useful in establishing the nature of contact. Such Plant fragments should be packed in paper bags. Control samples should be from similar plants with roots.
II ANATOMICAL EXAMINATION
1473. (i) In connection with the investigation of a case or otherwise, it may be necessary that the skeletal remains (bones) of a human being should be subjected for anatomical examination. Careful examination and collection of skeletal remains are necessary to achieve accuracy and to facilitate re-assembly in the FSL. Proper packaging, labelling and transportation of skeletal remains to the laboratory is important.
(ii) Separate containers for each hand and foot should be used.
(iii) For purposes of identity fixation by superimposition technique, the skull of the deceased with mandible should be sent along with possibly latest antemortem photographs attested by the I.O.
(iv) The skeletal remains should be carefully packed and sealed in an earthernware or other similar container and sent to the Professors of Forensic Medicine or Department of Anatomy of the nearest Medical college for the determination of origin, race, stature, sex, fractures, damage, cause of death etc.
(v) The forwarding agency, whenever necessary should clearly specify in the requisition that the articles after examination should be returned.
III. TOXICOLOGY SECTION
1474. (a) This is primarily concerned with the detection and quantification of alcohol, drugs, narcotics and chemical poisons, from :
v Body fluids, tissues, hairs, bones, etc.
v Tablets, capsules, liquids and foods etc.
v Syringes, needles, bottles, glasses etc.
(b) Toxicology Section in FSL also caters to the investigating agency by interpreting the forensic findings in relation to their possible effect on the body, whenever necessary.
(c) The attention of this section is focussed mainly on the analysis of the biological specimens. The findings of the analysis undertaken by this section largely reflects the causes of death, which is the prime factor in deciding a crime case as either being suicidal or homicidal. Therefore, in order to render very effective service, the specimens for toxicological analysis should be submitted to the laboratory as soon as possible after the offence.
COLLECTION AND PACKAGING
1475. Each body specimen should be placed in separate leak proof glass containers and each one of them should be sealed and labelled. All the samples should be kept in a refrigerator till they are sent to the FSL. Ensure that plastic bags are not used for body samples. Similarly plastic containers for any other comparison sample should not be used and vacutainers for body fluids for toxicological analysis should not be used.
BLOOD
1476. The samples of blood from persons either living or dead should be collected as described in chapter III for purposes of toxicological analysis.
Every container should be properly sealed and appropriately marked for identification. The container should contain the details of names date, the time at which the samples are drawn and by whom. The container should be submitted immediately, to the laboratory. If this is not possible, it should be stored under refrigeration.
URINE
1477. Urine specimen should be submitted in a clean glass containers. The container should be stored under refrigeration.
STOMACH WASH
1478. In case of suspected poisoning stomach wash should be collected in a clean glass container. The sample so collected should be sealed and preserved under refrigeration. It is very essential that the composition of the liquid used for washing the stomach should be furnished.
BEVERAGES
1479. (i) Beverages should be submitted in their original containers if possible. If a beverage from an open can, glass etc., is to be analysed qualitatively and quantitatively for alcohol, it should be transferred to a separate clean glass container, closed tightly and sealed.
(ii) Each specimen should be marked for identification. All the above specimens should be labelled with the subject, names, date and time of collection, initials of the person collecting the specimen and also the seal of the officer.
VISCERA
1480. The analysis of the post-mortem tissue results in the identification and quantification of drugs, poisons, metabolites. Therefore, a minimum of 300 gms. of each of the organs should be preserved in wide-mouth glass bottle containing 1 to 2% sodium fluoride or about 0.4% sodium azide as preservative. Refrigerate the sample until delivery to the laboratory.
HAIR
1481. This may be needed when arsenic poisoning is suspected. About 50 pulled scalp hairs with roots should be placed in a sealed, glass container.
LUNGS
1482. In cases involving flash fire or explosion or when an accelerant such as gasolene is suspected a portion of lung should be submitted for toxicological analysis by preserving as described above.
STOMACH CONTENTS
1483. (a) It largely contains the remains of acids, alkalies and plant poisons in cases of fatalities by poisons. Therefore, the stomach contents should be preserved only by refrigeration.
(b) On conducting a Postmortem examination whenever there is any suspicion of poisoning, the Medical officer conducting the Postmortem should ensure that the stomach should be tied at both ends and removed from the body in such a manner that its contents are retained. After removal, it should be opened and the contents received into a clean bottle. Then, the mucous surface of the stomach should be carefully examined, its disappearance noted and any suspicious particles adhering thereto should be picked up with a pair of forceps and placed in a separate small phial for transmission. The mucous membrane of the mouth, pharynx and esophagus should be examined and any unusual appearance or marks of corrosion thereon carefully noted.
(c) In all cases of death from presumed poisoning the following articles should be forwarded for analysis, each in a separate bottle unless otherwise indicated;
i. stomach
ii. contents of the stomach which may, if it be convenient, be put in the same bottle with the stomach
iii. suspicious particles if any removed from the mucous membrane of the stomach
iv. a portion of the liver not less than sixteen ounces and one kidney.
v. The vomited matter if any, the earlier and later vomits should, when practicable, be sent up in different bottles. The labels on them should state at what period the matters were vomited. (The directions for the disposal of vomit matter mixed with earth are separately given).
vi. A specimen of the spirit used
vii. A loop of the small intestine and their contents
viii. Any urine which may have been separately collected after the commencement of symptoms or found in the bladder after death.
ix. In special cases of poisoning, the following should also be collected and sent for Chemical Analysis
a. blood, b. lungs (incase of respired poison) c. brain, d. bone, e. finger nail, f. hair,
(d) Vomited and purged matters, if they have, as frequently happens been allowed to fall on the ground should be carefully scraped not taking more earth than is necessary. The superficial scraping should be packed separately. It is rarely necessary to remove the earth a depth greater than half an inch even in case of suspected metallic poisoning, unless the soil be very loose. Except when a metallic poison is suspected it is very rarely necessary to forward purged matters.
(e) In cases of suspected alcoholic poisoning in human being the contents of the stomach and its washings in pure water should be placed in a bottle with a sufficient quantity of clean table-salt to saturate the solution and leave a little salt un-dissolved. The stomach itself after being washed in pure water, as above, may be preserved in alcohol . A sample of the water and of the table salt used be invariably sent for examination.
(f) When the suspected viscera or other material is forwarded in charge of a police officer, it will not be necessary to pack the bottle etc., in a strong box in order to protect them from rough handling during transit. But it is desirable that the glass bottles containing viscera be wrapped in cloth or paper so as not to be offensive to other passengers. However the despatching officers will be personally responsible to ensure that the instructions regarding collection and packing of the materials for being sent for chemical analysis are correctly followed.
(g) The Medical officer should not forget to mention if any treatment has been adopted. Washing the stomach with potassium permanganate, for instance, destroys the distinctive tests for opium and hence negative reports may be received in well-defined cases of opium poisoning. Vomit is always more valuable for analysis than any stomach wash.
(h) They should not neglect to preserve the urine both ante and post-mortem. Many alkaloids are recoverable from the urine which may easily be destroyed in a viscera extraction. In veronal poisoning, about 75 percent of the drug is excreted in the urine and much of this before death.
(i) It should not be forgotten that symptoms of acute poisoning may arise from food contamination (bacterial poisons) and if this is suspected, they should inform the Medical
Officer.
(j) It should not be forgotten that identification of pieces of plant tissues is generally impossible and that they should, therefore, send the leaves or flowering tops.
(k) In case of arsenic poisoning, special care should be taken to avoid the possibility of contamination of dishes, gloves, etc., which might be carried over to the next cases.
(l) Mortem paraffin should be used to seal the stoppers of the glass vessels and prevent leaks, if sealing wax or plaster-of-paris is not available.
(m) They should not forget to note the reference number on the outside of the exhibit box.
(n) It should be remembered that in some cases, especially food poisoning, cholera, etc., bacteriological examinations may be required whereas in some others, it may be necessary to subject the tissues to histological examination.
1484. (a) It is important that when sending exhibits to the Chemical Examiner, each of them should be marked in such a way that its identity can be fixed and safeguarded throughout and the origin and ownership of each exhibit be specified in the covering letter to the Chemical Examiner. The evidence tendered in court should establish beyond doubt the origin and ownership of each exhibit.
(b) The report of the Chemical Examiner should indicate the number of blood-stains found by him on each exhibit and the extent of each stain unless they are too numerous to be described in detail. Merely to say blood was detected on an exhibit is not enough.
(c) The Chemical Examiner should send his report on the articles forwarded to him for examination to the Medical Officer or the Police Officer concerned, who forwarded them to him. The Medical Officer or the Police Officer concerned on receipt of the report should make a note of it and transmit it to the Investigating Officer. A copy of the Chemical Examiner’s report should be enclosed to the case diary of the concerned date.
(d) Bottles in which viscera are forwarded for analysis are not returnable. They must not be used again for sampling viscera from a fresh case of poisoning that requires analysis.
(e) The Director of Forensic Science Laboratory, the Chemical Examiner to the Government and the Assistant Chemical Examiners are empowered to sign and issue medico-legal certificates as per Section 293 of the Criminal Procedure Code. Further, in these certificates, the Assistant who actually participates in the analysis shall sign his name at the bottom in the left-hand corner of the certificate.
1485. The addresses of the Chemical Examiner to the Government of Karnataka and the Forensic Science Laboratory are as follows :
1. The Director,
Forensic Science Laboratory,
Madivala,
Bangalore – 560 068
2. The Chemical Examiner to the Government of Karnataka,
Sheshadri Road,
Bangalore – 560 009
IV. CHEMICAL SECTION
1486. The services of chemical section extends to the following areas:
Ø Identification of fire accelerant, in cases of arson
Ø Analysis of genuine and illicit liquors
Ø Analytical identification of explosives and their decomposition products
Ø Detonation of explosives
Ø Analysis and confirmation of drugs scheduled under Narcotic Drugs and Psychotrophic Substances Act 1985 Drugs steroids and other materials
Ø Analysis for the adulterants in Motor sprit, covered under Essential Commodities Act Etc., and many other substances covered under various Acts.
Ø Analysis of miscellaneous items..
ARSON
1487. (a) Arson may be defined as the wilful and malicious criminal act of burning somebody else’s property or burning of one’s own property for improper purposes such as defrauding on insurer. Arson investigation requires a considerable amount of care, attention to detail and various skills on the part of the investigator in the face of a host of problems that an arson scene presents. The careful preservation of the arson scene is frequently considered to be one of the last things, as it will have been well trodden by numerous individuals including VIPs, fire fighters, supervisory personnel and onlookers before the investigator arrives on the scene. The task of investigating officers is fairly difficult because of the destruction of important evidence either partially or totally by the fire or fire fighters.
(b) The investigator has to direct his enquiries to the following important points:
Ø Seat of fire
Ø Time of fire
Ø Cause of fire
(c) In order to answer the above questions the investigating officer has to carefully note the extent of destruction, the dimension of the charred areas on the burnt objects and metals or glass bent are melted by exposure to heat for a longer time near other areas.
(d) He has to Carefully examine the scene for the presence of igniters, inflammable liquids and materials for getting a probable answer as to how the flame was started. The presence of inflammable liquids and the location of origin of fire may help in determining whether the fire was accidental or malicious.
1488. (i) A handful of ash and equal quantity of soot debris should be collected from the point of origin of fire and packaged in a metal container.
(ii) All inflammable materials which need to be analysed for their composition and origin should be packaged in metal containers
(iii) All other materials which are suspected to be inflammable should be separately packed in metal containers
(iv) If there are signs of breaking and entering on objects like doors and windows they should be separately packed as described.
(v) Plastic or polythene bags should not be used for packaging.
CASES OF BURNS
1489. The evil of dowry system which is prevailing in our society is primarily responsible for the self immolation of women by using fire accelerants like kerosene, petrol etc. In many cases the victims are doused with fire accelerants by the accused. . In such cases of homicide, where the women have been done to death by setting them on fire, the usual theory of defence is the theory of stove burst, which would result in the garments of the women catching fire while cooking or doing domestic chores. Therefore in order to find the real cause of fire the investigating officer should be very meticulous in collecting and packing the relevant exhibits for analysis, and the following guidelines are given in this regard:
Ø About 20cc of blood from the victim or the deceased should be collected by the medical officer and preserved by adding 5mg ethylene-diammine-tetra acetic acid (EDTA) and refrigerated. If EDTA is not available the blood sample should be refrigerated without adding any preservative or anticoagulant.
Ø The burnt garments of the victim or the deceased should be packed in separate air tight metal containers
Ø In case the garments of the perpertrators are (either burt or otherwise) available, they should also be packed as described above.
Ø The search for inflammable fluids purported to have been used in the commission of the crime should be carried on at the point of the origin of fire. If charred rugs or carpets are found, they also should be collected in a metal container.
Ø Any other materials whch may have absorbed the inflammable fluids should be collected in a separate metal container.
Ø The inflammable fluids which are suspected to have been used in the commission of crime, if available should be preferably collected in a clean metal can or metal container
Ø The empty metal containers of the inflammable fluids and the stove should be packed directly. If the containers are other than metal, they should be packed in a separate metal container
Burns by acids: In case of acid burns and burns due to corrosive chemicals the follwing procedure should be adopted regarding correcting and packing the evidence material.
1. In cases of spillage of acids they should be collected by using pasture pipettes with teats and transferred into glass stoppered containers sealed and labelled
2. In case of corrosive chemicals, they should be removed by spatula and transferred to glass stoppered bottles.
3. Never package the inflammable fluids in plastic bags or container. It should be noted that they are highly volatile and they evaporate easily.
4. Acids are corrosive and should be handled with care. They should not be handled with bare hands.
DRUGS
1490. The field investigator has a responsibility of ensuring appropriate collection of drug evidence under NDPS ACT and properly package and label before delivery to the laboratory. The ultimate aim of drug evidence is its legal admissibility as evidence in courts. The maintenance of the integrity of the evidence from the time of its seizure until its presentation to the court is one of the tasks of the IO and therefore the procedure detailed below is suggested in packaging.
Ø The gross weight of the package including the packaging material should be taken and recorded.
Ø The packaging material seized with contraband should be kept with the evidence and properly marked for identification.
Ø The item ( known quantity) should be placed in an appropriate polythene bag, sealed and marked.
Ø Liquid drugs should be placed in a clean stoppered container to minimise evaporation, ,sealed and labelled.
Ø As far as the sampling of suspected cannabis is concerned it should be packaged in a paper bag after the material is dried to prevent spoilage of evidence.
Ø Any other materials like injection needles, vials etc available, should also be separately packaged in polythene bags, sealed and marked.
Ø If finger prints are suspected on the packing material of the contraband it should be processed first before packaging,
Ø The IO should refrain from either smelling or tasting the contraband,
Ø In case the field test is done by the IO the results of such tests should be sent to the laboratory so that such information may relate to the drugs identity or reduce analysis time in the laboratory.
EXPLOSIVES
1491. (a) An explosive is a chemical compound which rapidly converts from either a solid or liquid state to a gaseous state with evolution of tremendous heat, pressure and loud noise. These chemical compounds are very sensitive to heat, electricity, friction and pressure. It may be noted that invariably undetonated residua of explosives remain at the site of explosion whose detection and identification normally depends on the ability and skill of the investigating officer.
(b) The following are the steps to be taken by the IO before collection of evidence for packaging.
Ø The seat/origin of the blast should be located by the presence of a crater for any possible use of high explosives.
Ø Once the crater is located all loose soil and other debris should be immediately removed from the interior of the hole and preserved.
Ø In case crater is not found, other sources of explosion, residua on objects placed near the origin of detonation, insulation, batteries, other soft materials, metal objects , wood etc., should be located.
Ø The area of explosions should be examined for the location of stains of explosion residua. They may also be located on remnants of the detonating devises, wires, batteries, switches, timing devices etc.
(c) After all the above evidentiary items are first located in the explosion scene, the
following procedure may be adopted for their packing.
1. Debris, soil and other soft materials collected from different areas should be packed in different metal containers for each exhibit and labelled.
2. If yellow, orange or red stains are found on immovable material, the stains should be removed by swabbing the area with cotton dipped in 5% HN03.
3. Residua on immovable materials should be swabbed with cotton dipped in acetone and each swab is to be packaged in separate polythene bag.
4. The MOs should be requested to collect the swabs of the injuries which should be packaged in separate polythene bags for each injury.
5. It is of utmost importance to collect the control sample for each of the evidence material
(d) The IOs should not venture to send the live explosives for analysis. They should be got defused by the bomb disposal squad. The remnants after diffusion should only be sent as suggested above.
ADULTERATED/SPURIOUS MATERIALS:
1492. (a) The Crimes involving the generation and introduction of spurious articles in to the market is a serious crime which affects the consumer. The consumer has every right to be protected from the use of such materials, which sometimes may end up in fatalities. Therefore, it is very important that such spurious materials are clearly identified and discriminated by establishing their configuration and comparing them with standard materials whose specifications are clearly established.
Ø If the motor gasoline is suspected to be spurious/adulterated, the sampling method as enumerated in GO Dt.22-9-1990 which is published in Part II section 3 sub-sec. 1 of the Gazette of India dt 25.9.1990 should be followed.
Ø Other materials which are spurious/adulterated should be packed in ploythene bag if they are solid, and in air-tight glass stoppered bottles, if they are liquid samples. The labelling and sampling should be in accordance with the relevant instructions.
(b) It should be noted that all control samples should be accompanied by the specifications as stipulated by the manufacturers.
QUESTIONED DOCUMENTS
1493. This comprises of forensic examinations of
¨ Handwritings and signatures for purposes of fixation of authorship
¨ Signatures for forgeries
¨ Erasures, alterations, additions, indentations, obliterations and overwriting
¨ Typewriting and rubber stamp impressions for identification of typewriter and origin of rubber stamps
¨ Invisible writings
¨ Inks and printing for physical match
¨ Inks and paper for their composition and ageing of documents
¨ Charred documents
COLLECTION AND PACKING
1494. All documents should be handled and preserved carefully so that the condition in which they are acquired is not lost. The importance of such documents connected with cases need not be over-emphasized.
1. It is imperative that, invariably in all cases, the original documents should be submitted for examination. Documents to be examined are best preserved by placing them in a clean polythene bag and packaged in a paper envelope.
2. The questioned documents should be handled as little as possible either during the collection, investigation or transmission.
3. Folding of the documents to be avoided.
4. If torn or mutilated, they should be submitted in the same condition to prevent further damage.
5. Finger print examination whenever necessary, should be first done before sending the document for examination to the FSL.
6. Charred documents to be collected by sliding sheets of paper under then from both the sides and lifted with the sheets of paper into a suitable box. Padding material like cotton/sponge should be placed on the upper layer of paper, before the container is sealed. If the charred documents are found in more than one place then they should be collected separately as above. During the transit the charred pieces should not move in the box.
7. Wet documents should be air dried and placed in polythene envelope.
1495. Whenever it is necessary to obtain the opinion of an Handwriting Expert on disputed or questioned documents, they should be sent with a requisition in duplicate in Form No. 155 along with other relevant documents. The columns should be correctly filled up. They may be sent by insured post, if convenient; otherwise they should be sent in charge of a Police Officer.
1496. Documents forwarded under Order1503 should consist of :
a. disputed or questioned writings
b. standard writings and
c. request writings.
(i) Disputed or questioned writing is the writing about which the opinion of the expert is sought.
(ii) Standard writing is the proved or admitted previous writing of the person concerned
(iii) Request writing is the writing specifically obtained from the person concerned for the purpose of comparison.
1497. Every paper should bear a distinguishing mark, such as A,B,C or (1),(2) (3) etc., Any other writing on the document should be avoided. In cases of letters sent together with their envelopes or covers the envelopes or covers should bear a sub-mark or number of the letter it contains. Thus if a letter is marked A, its covering envelope should be marked A 1 or if the letter is marked1, its envelope should be marked 1-a . In the case of documents already entered as court exhibits, the court marks will of course, be observed.
1498. In cases where opinion is required on or the attention of the expert is called to only the signature or a portion of the writing, the particular portion should be clearly indicated by encircling it in pencil (black lead or red). Ink marks should be avoided. Encircled disputed writings should be maked Q1,Q2,Q3 etc.,
1499. The encircling or markings of signatures or portions of writings should be carefully and neatly done by means of a fine pointed pencil. The encircling should be complete and underlines and brackets avoided. If there are other writings in juxtaposition, the dividing line should clearly exclude the outside portions. Carelessness in this matter causes unnecessary increase of work and is likely to lead to mistakes. Special attention should be given to interpolations, additions and overwritings and on the reverse of the Government currency notes, in case there are other endorsements, writings or signatures on them.
1500. The standard writings should also be similarly enclosed in a coloured pencil and identifying marks such as S1,S2,S3 and so on be put. The standard writings of one person should be in continuation of the series adopted. For example the standard writings of a person “A” should be marked S1 to S20 and the standard writings of another person “B” marked as S21 to S40 and so on.
CARE OF DOCUMENTS
1501. (a) From the moment an IO takes possession of documents the genuineness of which is either questioned or the authorship of which is to be determined, they should be handled and cared for in a manner that will not impair in the slightest degree its value as evidence. The following directions are given.
¨ Documents should not be subjected to frequent careless handling and should from the very beginning, be properly protected either by placing between the sheets or blank paper or thin boards or preferably between thin, transparent sheets of celluloid. If they are too large tobe kept flat, they should be rolled rather than folded. If folding cannot be avoided care should be taken to refold into the original folds.
¨ Documents should not be cut torn or trimmed or in any manner mutilated in the slightest degree.
¨ Documents should not be exposed to moisture of any kind or to strong sunlight and should never be carried in the pocket where they are likely to be affected by the heat of the body or moisture or become worn, wrinkled or soiled.
¨ A new fold should never be introduced
¨ Documents should not be touched with an eraser of any kind nor should adhesive labels be applied
¨ Documents should not be punched or pinned but paper clips should be used where necessary.
¨ No additions such as underlying features thought to be significant should ever be made in the documents. The identification marks should be applied with coloured pencils where they are least likely to interfere with the writing and they should be as limited as practicable and clearly recognised as such. Tracings of documents should never be resorted to. For purposes of record, photography is the advisable and safe method.
(b) It is worthwhile keeping in view the fact that once a writing or a signature is treated as a questioned item, it can never be used again by the Examiner of Questioned Documents as a standard writing for comparison with other questioned items. Inter-se examination of two questioned items does not generally yield any fruitful result and questions relating to such inter-se examination should be avoided as far as possible.
STANDARDS FOR COMPARISON
1502. The quality of the standard writings submitted for comparison has a great influence on the result of examination; without suitable standards, the Examiner is unable to express and testify and give worthwhile opinion as to the authorship of a questioned writing. In every case, the aim should be to provide an opportunity for the Examiner to compare like with like. For example, the best standard, when the signature of a person is in dispute, consists of his admittedly genuine signatures written before the date of the disputed signature on similar documents. With regard to the amount of standard writings to be submitted, it must be borne in mind that while no documents examination has ever been prejudiced by too much standard materials, the reverse has often been the case. The majority of the failures on the part of the Examiner to furnish definite opinion are due to the standards being either too scanty or unsuitable for the purpose. With an abundance of standard materials, the Examiner is able to make the most effective comparison with the questioned writings.
1503. It is advisable to send as many specimens of the handwriting about which an opinion is required as can conveniently be obtained. Care should be taken in the selection of these standards, and no writing should be characterised as admitted or genuine, unless, it is absolutely certain that it is so.
1504. As a general procedure the Investigating Officer should submit two types of standard writings as detailed below :
i) Request writings, ie., writings or signatures written to dictation by the suspect for the purpose of comparison with the questioned writings ;
ii) Previous writings ie., admittedly genuine writings or signature written in ordinary course of business by the suspect when he had no knowledge that these writings and signatures would be used for comparison with the questioned writings.
1505. The writing produced in the ordinary course of business is generally an unconscious act. Request writing produces consciousness in the writer which tends to make the writing formal. Request writings may also be deliberately disguised and distorted by the writer. Such request writings are, therefore, not always suitable for comparison with the questioned writings executed in ordinary course of business. The importance and necessity of obtaining previous writings for comparison with the questioned writings can thus be well realised. The previous writings are found to be useful writings of the suspect without any attempt at disguise or formal execution, as the writer had no knowledge that, these writings will ever be used as standards for comparison. It is of utmost importance that such writings should be capable of being proved in a Court of Law, as the standard it purports to be. The usual method of proving the previous hand wring of an accused is by the evidence of a person who is well acquainted with his writings and can identify them. The previous writings of those persons who are to appear as witnesses in the case can be proved by their own admissions in the Court.
1506. If the suspect is willing to give specimens of his handwritings, the following procedure should be adopted :
i) Examine the document and note whether it is written in cursive (i.e., freely written having connected small letters) of pen printing or block-lettering style or is a mixture of all. Make it clear to the suspect which style of handwriting you desire him to use but never show him the questioned writings.
ii) Obtain paper similar to that of the questioned document and try to match the paper especially with respect to size and lines if any. Never allow a large sheet of paper if the questioned document is small or plain paper, if the questioned document is lined and vice versa. If the questioned document is an envelope, supply envelopes for the dictation to be written on; if an endorsement is on cheque, supply blank cheques and ask them to be endorsed leaving it to the suspect as to where and how he does it. If the questioned document is in the nature of an official form, the most strenuous efforts should be made to obtain similar blank forms on which the suspect should be invited to write. If blank forms cannot be obtained, endeavour to duplicate them on a typewriter taking care to keep the dimensions the same.
iii) Provide the suspect with writing instrument similar to that used for writing the questioned document. Where ink writing is concerned, try to match the nib width. The ink used need not be matched as this has very little influence on the writing.
iv) Dictate the questioned writing to the suspect at a reasonable speed. This will allow the suspect, if he so attempts an opportunity to disguise his handwriting which will tend to make him much slower than usual. The time taken should be carefully noted.
v) When the first dictation has been completed, the writing should be removed from the sight of the suspect who should be persuaded to give a second specimen. The second dictation should be given as fast as the suspect will allow, because if the speed is kept up and he has disguised his first specimen, he will have difficulty in remembering the details of the disguise previously used.
vi) The procedure detailed in the aforesaid sub-orders (iv) and (v) should be repeated with two different pens on two different dates. In this way, specimens of the writings of the suspect on six different sheets are to be obtained.
vii) When taking specimen hand writings of several persons whose handwritings are required to be examined, the writing of each individual should be taken on separate sheets of paper. In cases where a person is requried to give several specimens of his signature it is also advisable to take each specimen on a separate sheet of paper, care being taken to remove the previously written sheets from the sight of the individual when he is writing the latter specimens. When obtaining specimen handwritings, the matter should preferably be dictated. If the person whose handwriting is required to be examined, is unable readily to write to dictation, he may be made to write from typewritten or printed matter, but not from manuscript matter so that the chances of imitation or variation are minimised. In no case should he or she be allowed to see the document in question. When a long piece of writing is dictated or given to copy, the actual time taken for writing should be noted and also the kind of pen used and the position of the paper while in the act of writing, i.e. whether laid on a flat hard surface or held across the palm or placed across the thigh or in any other position. The officer taking the specimen should state on it the writer’s name and the date of writing together with the particulars referred to above. He should also certify on the same sheet that the specimen was written in his presence.
viii) Such request writings given by the suspect or accused should be voluntary and they should be obtained in the presence of witnesses who should attest the paper. No element of compulsion should be employed in obtaining the specimens.
Note : It is desirable and preferable in appropriate cases to resort to the provisions of Section 73 of the Indian Evidence Act.
1507. In obtaining previous writings also, the guiding principle-like to be compared with like should be borne in mind. For example,
i) In the case of questioned signatures on cheques, admittedly genuine signatures of the same type on previous cheques issued on the same Bank and of the same period should be obtained.
ii) In the case of questioned endorsement on money order vouchers admittedly genuine endorsements on similar money order vouchers or acknowledgements of the same period should be obtained.
iii) In the case of questioned writings receipts or other officials forms, efforts should be made to obtain admittedly genuine writings of the suspect on similar receipts or officials forms.
iv) Only the papers bearing the previous writings should be sent to the Examiner and not the whole lot of connected papers.
1508. Admitted writings, if undated, should, if possible, bear on them a pencil entry giving the probable date of the writing, e.g., “said to have been written in July 1958”. In the same way, if the disputed document bears no date, the supposed or probable date of the writing or the date of receipt, should be ascertained and noted.
1509. Greatest care should be taken to guard a disputed document from handling or soiling and from the formation of finger or other marks on the written characters. This is especially necessary in the case of documents whose age is called in question. In such cases, if the pen and ink-pot said to have been used for writing the document are available, they should also be sent.
1510. A sealing wax impression which is to be despatched to the expert for examination should be packed with great care and sent only by hand, so that the wax or lac may not be broken in transit. A thick layer of cotton placed on either side of the portion containing the seal impression will afford good protection.
1511. Whenever it is suspected or there is reason to believe that the examination of any latent dactyloscopic prints on paper or other material bearing the disputed writing of a suspect or accused will be of additional help in the fixation of identity, such paper or material should not be carelessly handled, but it should be safely secured and preserved till it is examined by an expert.
1512. In all cases where papers are despatched to the Forensic Science Laboratory for examination, they should be sent, carefully packed by hand, to his official address accompanied by a memorandum or letter stating :
(a) The number of exhibits sent, their distinguishing marks and other necessary particulars, indicating separately the documents in question, ie., those on which opinion is sought and admitted, documents with which comparison is to be made, the letter being classified according to their respective writers;
(b) The question clearly and precisely put in regard to the particular writing or portion of writings on which opinion is desired and ;
(c) Only such particulars as are necessary to facilitate the work of the hand writing expert. Under no circumstances should he be apprised of the prosecution cases.
1513. When summons or requisition for court attendance is received in regard to writings on which opinion has already been obtained, an entry should be made on the summons, or in the letter of requisition, of the fact and a reference given to the number and date of the letter of report containing the opinion.
1514. As long a notice as possible should be given to the expert for his attendance in court and efforts should be made to arrange for dates suitable to him. It sometimes happens that owing to an emergent call or an important case or other circumstances, the expert is obliged to revise his current programme of court attendance. In such a case, he will suggest fresh dates for the acceptance of the courts.
1515. As the expert is required to keep to his programme of court attendance, prosecuting officers should arrange to take his evidence promptly and not detain him longer than is absolutely necessary. Similarly, when on investigation, the expert should not be detained longer than he is actually required.
1516. Private parties may obtain expert handwriting opinion from the expert under the terms and conditions notified from time to time.
EXAMINATION OF TYPEWRITTEN DOCUMENTS IN DISPUTE :
1517. (1) The expert in the Forensic Science Laboratory will also undertake the examination of typewritten documents in dispute and give his opinion as to whether it has been typed on a particular machine, the probable date of the making of the document, whether there have been any subsequent additions of pages or paragraphs, whether the document was made by one machine or by more than one and as to matters similar to those in the case of manuscript documents.
(2) Orders 1501 to 1512 will apply mutatis in the case of examination of typewritten documents.
(3) (a) The examination of typewritten documents is based on the features and peculiarities of typewriting machines. Type-script, produces many varied characteristics peculiar to the machine of origin. Typewriting identification rests not upon the make of the machine, but upon the characteristics of its own particular types, such as letters out of alignment or variations in the packing between letters and lines. Sometimes defects in the typefaces, which are visible in the typewriting itself, disclose the machine. A typewriter has an individuality which is often an unmistakable and a convincing character and the same can be established with a degree of certainty that may amount to absolute proof.
(b) With an eye on improvement, manufacturers of typewriting machines are constantly changing the design and relative proportions of the letters. They have aimed at an individual identity in the design of letters. This provides a valuable clue to the date of typewriting. For example, typewriting alleged to have been done in 1920 and proved to have been done on a machine manufactured in 1912 will bring home the guilt to the accused. The typewriting machines came into use in 1874; but they were in a crude and experimental stage until 1879, when the first machine was put on the market. There have been progressive changes in the typewriter since then in the design, size and proportions of the type faces, the length of the line, the vertical spacing between the lines, the number of characters on the machine, etc. Electronic typewriters, computer printers have come into existence now and are being mostly used in the present day.
4) The examination of typewritten documents consists of an examination of the following principal features of the writing :
a) The design, size and proportions of each of the characters.
b) The relation of each printed character, to the adjacent characters or its vertical and horizontal alignment.
c) The vertical position of the character in relation to the line of writing, i.e., its perpendicularity, or slant to the left or right;
d) The comparative weight of impression of the upper, lower, right or left sides of each character.
e) The conditions of the type faces of all the letters and the presence of defects, bruises or scars due to wear or accidents.
5) The examination is made with the aid of various typewriting test plates and devices. A typewriting test plate has been devised on which small squares, 1/50 of an inch, are marked. A magnified typewriting protractor is used to measure the deviations to the left or right of the perpendicular. Curves of a known radius are drawn on a glass-plate which is useful in measuring curves and turns of the typed letters. There are also other plates used in this connection.
6) For typewriting identification the Investigating Officer should obtain at least three specimens of typewriting of the same contents as of the disputed documents, typed on the suspected machine. If the disputed document is a carbon impression, carbon copies should also be obtained along with the first impression copy. While taking specimens of typewritten documents, they should be spaced as in the disputed documents.
EXAMINATION OF DOCUMENTS BY THE EXAMINER OF QUESTIONED DOCUMENTS, GOVERNMENT OF INDIA
1518. Police Officers in the Karnataka State should not ordinarily find it necessary to obtain opinion on handwritings from the Examiner of Questioned Documents of the Government of India as those can be obtained from the Examiners in the Forensic Science Laboratory but in certain exceptional circumstances where it becomes necessary to do so, the procedure to be adopted by the Police Officers will be as follows :
1. The investigating Officer should submit a detailed report of the case through the Superintendent to the Addl. Director General of Police, Technical Services, Bangalore stating the necessity for obtaining the opinion of the Examiner of Questioned Documents, Government of India. In proper cases, the ADG Technical Services, Bangalore will accord the necessary sanction for the payment of fees for opinion and evidence, of the Examiner of Questioned Documents, Government of India, and inform the Superintendent to submit the case directly to the Examiner of Questioned Documents, Government of India.
2. On receipt of such information, the Police Officer should send the documents to the Government Examiner of Questioned Documents, (Ministry of Home Affairs), Government of India, either at Calcutta or at Hyderabad. The instructions given for sending documents to scientific Laboratory in Order 1503-1526 will mutatis mutandis apply to documents to be sent to the Examiner or Questioned Documents, Government of India.
VI. FIRE ARMS
1519. (1) -Fire Arms , cartridges, bullets and other ballistic material may be sent to the Director, Forensic Science Laboratory, Bangalore for examination and expert opinion on-
the following aspects:
¨ Examination of the fired fire-arm or unfired fire arm for their functioning and safety.
¨ Identification of fired bullet/cartridge case for fixing the weapon used.
¨ Restoration of proof mark for fixing the origin of the fire-arm
¨ Determination of range and angle of firing and magnitude of impact.
¨ Gun-shot residue (GSR) analysis for various aspects of the fire arms case.
(2) when ever it is necessary to obtain the opinion of the expert on any of the matters referred to above the fire arm ,ammunition or other ballistic materials as the case may be should be sent with a requisition in duplicate in Form No.154. The columns should be correctly filled up and be self-contained. They should be sent in-charge of a Police Officer.
(3) It is important to note that a case involving the firearm will have to be necessarily discriminated for either the case being suicidal or homicidal. Therefore the IOs shall produce the brief description (along with Photograph) of the scene of offence, primarily indicating the position. placement of the fire-arm and the ammunition found on scene of offence, the position of both with respect to each other .
(4) In cases of suspected suicides involving shoulder weapon, it is important on the part of the IO (and the photographer) to fix the triggering operation whether it is either by using tow or finger of the victim or by any other device.
a) The examination for finger prints should be done before submitting the fire-arms for further examination.
b) In case, the fire-arm is subjected to finger prints examination, the type of substance used for developing the finger print should be intimated. This is essential for eliminating contamination, if any.
c) While subjecting the fire-arm for finger print examination, care should be taken to preserve evidence such as blood, hair, fibres and dust if they are found on the fire arm.
d) The serial number, calibre/bore and name of the Company should be noted.
e) Do not clean the weapon and no operation should be performed on the weapon excepting unloading.
f) While unloading the ammunition from the weapon the following instructions should be carefully observed and the observations should be sent to the Laboratory.
· The position of the safety catch, whether it is in locked or unlocked position.
· Mark the position of the chamber of the weapon with respect to the cartridges either fired and/or unfired.
g) (i) The barrel marks which are used for characterising the weapon, should be protected by capping the muzzle end of the weapon
(ii) In some cases the muzzle end of the weapon may contain blood strains and flesh of the victim which should be protected.
h) Every fire-arm which is required to be examined by the laboratory should be marked for its identification on some inconspicuous area of the fire-arm.
i)The weapon should preferably be packed in a wooden box.
The weapon can be packed in a gunny bag and properly sealed, in case wooden box is not available.
j) If the weapon is jammed and cannot be unloaded, the sealed packet should carry the superscription in bold letters “WARNING : LOADED WEAPON”
1520. (1) INJURIES : A fire-arm injury provides indications of the nature of the weapon and projectile used and the distance from which a shot was fired. The main question that will arise is whether an injury could have been caused by the particular weapon in a particular manner. A detailed and accurate observation and record of every injury is essential if the subsequent inferences are to be of value. For necessary observation and record, the police will be dependent on the Medical Officer and the Investigating officer must co-operate closely throughout with the Medical Officer if the desired result is to be obtained.
1521. The chief features of a fire-arm injury are the entrance and exit wounds and the track.
(a) (i) ENTRANCE WOUND - The entrance wound is of special importance. It must be described accurately and in detail, particular attention being paid to the following points
1) Whether the wound is in the form of a cross-shaped tear, a clean punched hole, or an irregular hole ;
2) Whether there is bruising of the margins, denudation of the outer layer of the skin immediately surrounding and turning in and compression of the tissues:
3) Whether there is singeing of hair and scorching or blackening of the skin surrounding the wound and the characteristic tattooing, due to grains, if unburnt black powder embedded in the skin;
4) Whether there is a fine ring of blackening around the wound due to grease and metallic fouling from the bullet and due to the bruising of the tissues and distinct from the appearance noted in the previous item ;
5) Whether there is ploughing up and blackening of the tissues beneath ; and
6) Whether any particles of unburnt black powder or flakes of smokeless powder are embedded in or beneath the tissues.
(ii) Exact and accurate measurements should be taken, if possible, with callipers, of the hole proper and of the area of erosion and the areas of discoloration surrounding it.
(iii) A wound should be examined under a lens and, in the case of murder or suspicious death, the tissues should be preserved and a microscope and chemical examination should be made.
(b) (i) EXIT WOUND : The exit wound should be accurately measured as in the case of the entrance wound and its appearance noted and recorded. It should be specially noted whether it is torn and puckered with the edges turned outwards.
(ii) If no exit wound is found the projectile should be searched for in the body by x-ray examination or by dissection , as the case may be.
(c) (i) TRACK : It should be noted whether the track of the projectile is in a direct line between the entrance and exit wounds or whether it has taken an irregular course as a result of deflection. The angle of the track should be noted.
(ii) The track should be examined for particles of clothing, tissues and powder which may have been driven into it.
(iii) Photographs of entrance and exit wound should be taken whenever possible
(iv) Blood splashes on the body or clothing should be exactly described, the area, shape and exact location of each splash being noted.
1522. (a) Injuries in Bone-
Where the skull or a bone has been penetrated during the entry, passage or exit of a projectile, the exact position and nature of the hole and the portion surrounding it should be noted and accurate measurements taken. The characteristic bevelling, or cone shaped widening of the hole in the bone in the direction in which the bullet travelled should be looked for.
(b) In cases of murder or suspicious death, portions of fractured or suspicious death, portions of fractured or penetrated bone should be preserved.
1523. TYPICAL CASES - injuries caused by fire-arms sometimes appear to have been due to other causes and injuries apparently due to other causes may have been caused actually by fire-arms. Occasionally, a projectile strikes the skull causing a complete and typical entrance hole but does not actually enter.
1524. GENERAL - (a) Photographs of the body should be taken in cases of death, at the scene of occurrence, near and distant.
(b) A detailed and accurate plan of the scene of occurrence should be prepared by a professional draughtsman showing the distance between the body and place of discharge of any weapon and the places where any projectile of any weapon wad, cartridge case or live ammunition was found.
(c) The exact position of the body should be fixed by accurate measurement from at least two fixed points.
(d) The ground in the vicinity of the spot where an injury should be examined with great care to some distance on all sides for signs of spattering of blood and other.
(e) Articles which have to be sent for expert examination should be sent to the Chemical Examiner, and if questions of finger prints arise, such articles should be sent to FPB. An account of the case with a copy of the postmortem or wound certificate should accompany the articles sent to the Chemical Examiner. Articles sent for examination should be wrapped up separately and labels and seals to be affixed to the covering materials and not direct to the articles themselves.
AMMUNITION
1525. 1) It is also found that the finger print of the shooter on the cartridge case can be developed even if the same has already been fired. Therefore, the cartridge case, whether fired/misfired can be first processed for developing of finger prints. In such cases the substance used for developing the finger print, should be intimated.
2. After processing for the finger prints, the I.O. should make his identification mark inside the cartridge case near the mouth and never on the back or on the body. (fig.4) Place individual cartridge case in cotton wool and seal in an envelope.
3. For purposes of comparison of the components present in the hand wash with that of the components of swab taken from the inside of the cartridge case, the swab should preferably be collected with cotton dipped in 10% acetic acid solution. The swab should be packed in polythene container.
Note : Do not forget to send the control swab. Use cotton swab dipped in 10% acetic acid solution.
4. The I.O. should collect live ammunition, gun powder, wadding material, lead shots and percussion caps, found either on the scene of crime or in the vicinity of either the suspect or the victim.
5. In case any cotton box which is suspected to throw light on the manufacturing details of ammunition is available, the same should be sent to the laboratory.
6. It is very important that the I.O. should procure coloured, scaled photographs of the gunshot wounds before and after cleaning the wounds.
7. The photographs should be submitted to the laboratory clearly indicating the wounds of entry and exit.
8. The inference about the presence or absence of gun shot residues around the wounds should be indicated.
9. The I.O. should request the Medical Officer to collect the cotton swab of the wounds. Cotton dipped in 15% nitric acid solution should be used as the material swabbing around the wounds.
10. Whenever X-ray facilities available, it would always be better that the victims having fire arm injuries be X-rayed to locate the placement of projectiles before they are removed.
11. In cases involving the use of shot-guns, the I.O. should collect the details about the area of dispersion of pellet holes on the body of the victim from the Medical Officer for deciding the range of firing.
12. The embedded portion of fired bullet should be carefully removed using rubber-tipped forceps.
13 Similar collection procedure should be adopted in the recovery of fragments of pellets and wads.
CLOTHING
1526. (1) The gun-shot holes on the clothing should be corroborated to the position of the wounds on the body of the victim.
(2) While removing the clothing from the victim, avoid cutting or tearing through or near a suspected bullet hole.
(3) Air-dry the blood-stained clothing containing gun-shot/s at room temperature before packaging.
(4) After drying, the items should be marked for identification in the area devoid of either the gun-shot hole/s or the blood-stains.
1527. Whenever it is necessary to know the distance from which the bullet has been discharged from a suspected fire-arm, the following materials and particulars should be furnished to the expert:
(a) The bullet or the shot recovered from the victim’s body or elsewhere after exit.
(b) The quality or the quantity of gun powder at the time of particular discharge (in case of muzzle loaders)
(c) The same type of ammunition as has been used for the discharge of the gun in the particular cases.
(d) The angle at which the fire-arm had been held ( such information could be obtained from the Medical Officer having regard to the angle of wound )
(e) An extract of the medical certificate describing the wounds.
(f) The dimension of the area through which the shots have spread.
(g) The clothing which the victim was wearing at the time ( the clothes should be recovered and packed up securely without spoiling or interfering with the marks and deposits on them.)
(h) The state of wind and weather at the time of discharge
(i) The particular weapon involved.
1528. (1) In a case in which fire-arms injuries have been caused, whether fatal or not, a number of important points of medico-legal and technical nature in connection with the injuries found and weapon and ammunition used may be anticipated.
(2) The various conclusions are often matters of inference and can only be established if the data on which they are based are complete and reliable. This will depend mainly on the investigation done by the I.O in the initial stages. The I.O. must concentrate on making a complete and correct record of all the facts available and the correctness of this work will be judged by the success of the case which will depend on the care, thoroughness and accuracy of the initial investigation.
(3) FIRE ARMS, AMMUNITION, ETC.,- Expert examination will normally be needed for determining whether there are blood marks or finger-prints on a weapon, whether a weapon shows signs of recent use and if so, the nature of the powder used, whether there is blood or powder on clothing , the weight and measurement of a projectile and whether a projectile or cartridge case could have been or actually was fired from a particular weapon.
(4) A thorough search must be made at and within the range of the scene for any spent projectile, wad, empty cartridge case or live cartridge and for any weapon or weapons that may have caused the injuries.
(5) The exact spots where any articles were found and their condition should be carefully noted and their exact position fixed by measurements. Weapons should be specially examined for traces of finger-prints and bloodstrains and it should be noted whether the barrels are clean or fouled. If an expended cartridge case is in the breach, it should be left as found. All markings on weapons, cartridge cases, etc., should be preserved carefully.
(6) In searching the house of an accused or a suspected person, any ammunition or materials, used for making ammunition which might have caused the injury or have been used in a weapon that has been recovered should be specially looked for.
(7) When the weapon used is unknown or in doubt, every licenced arm in the locality should be checked and the possibility of its having been used in connection with the occurrence examined. Government weapons should not be left out of account.
(8) All fire-arms and ammunition should be handled and packed with special care to prevent surface marks being disturbed or obliterated. The mouths of fire-arm barrels should be corked up.
EVIDENCE FROM OTHER TARGETS INVOLVING BULLET IMPACT
1529. 1. If a vehicle is suspected to have been hit by bullets, the I.O. should collect the swab around the bullet holes/impact by using cotton dipped in 10% nitric acid solution. A control swab should also be collected by similar procedure away from the area of impact/bullet hole.
2. As far as cases of shooting through glasses are concerned, the following procedure for collection of evidence should be adopted.
· Mark the glass surface. (front or back.)
· Photograph the area of impact from both front and back in order to fix the direction of firing.
· It is important to get the area of impact on glass surface examined immediately. Otherwise any motion induced to the object is likely to dislocate the proper evidence.
· If gun-shot residue is found on the shot glass, collect the swab around the area of impact by carefully swabbing it by using cotton dipped in 10% nitric acid solution.
· The scattering pattern of broken pieces of glass with respect to the object should be described and sent to the laboratory along with the photographs of the scattering pattern.
· In case the association of any person is suspected in the vicinity of the area of the impact, the clothing of the person should be sent to the laboratory for eliminating the association of the person or otherwise.
· The specimen glass sample which can serve as control should be collected from the area clearly specifying its position with respect to the object.
GUN SHOT RESIDUE ON HANDS :
1530. The hand wash (of both the hands) of the shooter as well as the victim is of immense relevance to decide who has handled the fire arm. Many a time, the result of examination of hand-wash may result in wrong findings if collection of the hand-wash with utmost care is not done by the I.O.
1. Hand-wash of the shooter should be collected before anything is done to the hands. e.g. finger printing, washing etc., as the GSRs are likely to be either lost or contaminated. Therefore it is advised that the hand-wash should be collected within a minimum period of 24 hours of the incident.
2. The following is the procedure to be observed by the officer who collects the handwash :
· To wash the arms and hands thoroughly before donning clean hand-gloves.
· Should not have fired a fire-arm within at least 24 hours.
· should not be wearing clothing worn during firing of the fire-arm
· should not have handled any ammunition or any target materials which are suspected to contain GSR.
3. It is possible to determine whether the suspect/victim has merely handled the weapon or fired by analysing the swab collected as below :
· Swab the web position of both the hands of the shooter/victim separately with cotton dipped in 5% nitric acid and package in separate polythene bag (fig 5)
· Send a control dipped in 5% nitric acid solution in a plastic container
4. The I.O should furnish the following additional information for correct interpretation of the results.
· Whether the shooter is right-handed or left handed.
· Date and time of incident and date and time of collection of swab.
VII. PHYSICAL EXAMINATION
1531. (a) The I.O should ensure that great care is given to the process of collection of common types of physical evidence in various crimes. The objects are submitted for examination by the experts to FSL for.
Ø Physical matching and comparison of tool mark, cute ends and torn ends.
Ø Identifying and restoring tampered numbers/mars
Ø Comparing soil, dust, ash, paints, glasses etc.
Ø Classifying the imitated/duplicated objects.
Ø Comparing the impressions of tyres and various seals.
(b) This chapter is intended as a ready reference to the process of collection of common types of physical evidence in various crimes. While doing so, it shall be ensured by the IO the objects submitted for examination will be of sufficient quantity and purity. Invariably, a standard/control should associate the above objects. It is imperative that the entire objects bearing tool marks, should be sent to the laboratory. When the field officers find that the removal of the tool mark is impractical, the only recourse left is to photograph the mark area to scale and to make a cast of the mark. Liquid silicone casting material or dental plaster has been found to be the most satisfactory material for casting.
1532. Following are some of the instructions which should be strictly adhered to while collecting and packing the objects for examination :
I. The identification mark on each individual item should be made sufficiently away from the tool mark.
II. The working part of the tool should be protected
III. the suspect tool mark must be collected with every precaution that contact between the tool or mark with another hard surface is avoided.
IV. Do not place a tool in contact with a questioned tool mark
V. Should not test the tools whether they are capable of cutting or not.
VI. Cut ends of wires and cables should be tagged or protected by cotton padding.
VII. Every tool/tool marks should be carefully scrutinised for the presence of traces of blood, paints, metals, wood, glass, dust etc., if so wrap tools properly in order to prevent the loss of any adhering material.
VIII. Do not forget to send the control samples.
b) FOOT WEAR AND TYPES :
A good footwear mark or a tyre mark left at the scene can be strongly connected to a particular shoe of either suspect/victim or to the vehicle involved. There is a tendency on the part of the examiner of the scene to neglect the importance of the shoe make/tyre marks in place of other potentially less useful evidence. Therefore the I.O. should undertake the critical examination of the surface for the presence of such impressions, so that it may be possible to identify the mark/type/size of the footwear or tyre to render assistance in tracing the person or the vehicle. The I.O. should undertake such examination before too many persons trample upon the scene. The quality of the impression plays a dominant role in identification. Therefore, the I.O. should bear in mind the following three points :
· It is the quality of mark, not the size of it, that counts;
· Not all shoes have pattern soles, and many identifications are possible on plain sole shoes and
· Some of the best quality marks are invisible in ordinary day light or artificial light and only become apparent when viewed with directional light at a very low angle.
(i) The first and foremost task of the I.O. is to protect the surface prints
and they should be photographed with a rule beside the print.
(ii) If the print is on an immovable object, it should be preserved using a rubber lift, transparent light or silicon rubber. Both the lift and the photograph should be submitted to the laboratory along with their negatives.
(iii) As far as the impression on soft soil is concerned, it should be first photographed and cast. A plaster of paris cast should be made of the print to reproduce the three dimensional features. The cast should be marked for identification before it hardens.
(iii) The casts should be packaged so as to prevent damaging/breaking/rubbing any other objects.
* Only black and white films should be used for better contrast
* Packaging in plastic bags should be avoided as the moisture causes the plaster to soften.
PHOTOGRAPHING THE PRINTS :
1533. (i) The most important fact that should be remembered about the photography of the shoe or tyre prints is, to reproduce the impression in its original form and size. Hence, a ruler or measuring reference should always be included parallely to the impressions while photographing the prints. The absence of the ruler or any measuring device makes the photographed print unfit for comparison.
(ii) The camera should be perpendicular to the print or the track being photographed. (iii) For better contrast, the track or the print should be completely shaded while photographing.
SEVERED OBJECTS FOR MECHANICAL FIT :
1534. “Mechanical fit” and “Physical fit” describe the perfect marrying together of two things that once formed a single object. Anything that has been broken, erased, chipped, torn, fractured, ripped, gouged, snagged or wrenched is fair enough to form a mechanical fit or a physical fit. The conclusion from mechanical fit is normally referred as a fact rather than a mere opinion.
The foremost condition is that the I.O. should ensure that every fragment of the item should be individually packed by covering the area torn/ chipped/ cut/ broken etc., so as to prevent any alteration/damage to the area/ surface involved.
TAMPERED IDENTIFICATION
1535. The defacement or obliteration of serial numbers and that of the manufacturer’s marks are normally done in a criminal activity to conceal theft or prevent tracing of the ownership of the articles. Therefore, the restoration process may reveal its original marking, either in whole or in part.
(i) Before submitting any item for restoration of serial numbers/manufacturer’s mark it should be ensured that a record of the suspected serial number be made available.
(ii) In case, a piece of metal bearing serial number/manufacturer’s mark is to be cut out for restoration, caution should be taken so as not to destroy the serial number by applying heat/pressure near the area of restoration. Keep clearance of at least 30 cms.
(iii) Items should be marked for their identification but never on the area of restoration.
(iv) In case punches have been used for tampering the number/marks, the punches also should be sent to the laboratory after recovery.
(v) The area of tampered mark/serial numbers on any item should be preserved by suitably covering the same using either plastic, thick paper or cotton.
* Should call the laboratory before delivering large items such as buses, cars, lorries and motor-cycles.
* Should not attempt to restore the defaced/obliterated serial numbers.
FIBRES, FABRICS AND FABRIC MARKS
1536. In cases of homicides, assaults, rapes and hit and run, transfer of fibres between the clothing of the victim and the assailant may take place. Identification of such fibres will add to the evidentiary value. As regards hit and run cases, the transfer of fibres may take place among the victim, rider and the vehicle/s involved.
(i) In hit and run cases, pieces of cloth and/or fibres may be found under/ on the suspect vehicle, embedded in the vehicles’ paint or fused or melted. In all these cases, side lighting with magnifying lens should be used to locate them.
(ii) From the place of their location the I.O. should collect fire-marks, embedded fibres and paint samples from each damaged area of the vehicle. Such fibres or threads should be removed by using tweezers/forceps/ and packed in envelopes.
(iii) If the removal of fibres requires the use of cellophane tapes, the fibres should be got adhered to cellophane tap and removed.
(iv) If fabric mark alone is on the vehicle, the same should be photo-graphed and sealed by covering suitably with either, plastic, paper or cotton.
LIGATURE FIBRES
1537. (a) The I.O. will have before him a difficult task of demarcating the cases of hanging, as either being suicidal or homicidal. A supporting evidence to the effect that a hanging case is either suicidal or homicidal can be obtained by collecting the fibres transferred on to the palms of the victim during the use of any ligature material for hanging. Such fibres should be collected as per the procedure detailed below.
PROCEDURE
b) Cellophane tapes having width of 25 cms and length of 12 cms. (so as to cover the entire area of the palms) should be pressed against both the palms of the deceased from base to finger tips. The tapes are then pulled out and folded by keeping the adhesive sides together so that trapped fibres should be preserved permanently. Such cellophane tapes in which the fibres are trapped should be sent to the laboratory after placing them in an envelope and sealing the same.
(i) The items containing cut and/or tear marks should be submitted to the laboratory in an undisturbed condition.
(ii) If any instrument is suspected to have been used for inflicting the cut/ tear marks, the same also should be submitted for comparison purposes after the cutting edge is protected by padding with cotton.
* The garments of either suspect or victim should never touch each other; hence separate packaging is necessary.
* Only tweezers should be used for removing fibres, unless the use of adhesive tape is warranted.
SOILS
1538. (a) Soil consists of loose aggregates of rocks, minerals and vegetation. Because of the tendency of the soil to adhere to most material, it is frequently presented as one of the items of physical evidence. It is of immense value in burglaries, sex offences, homicides and other investigations. The evidentiary value of the soils is derived from a large number of distinguishable soil types on the basis of differences in forensic properties and also limited area covered by each type of the soil.
(b) It should be remembered by the investigator that the usefulness of the comparison of soil will precisely depend on the care and the skill used at the time of selecting the sample location and the sample collection.
(i) Soil comparison should correspond to the events at the scene as reconstructed by the investigator. For example, if a scuffle occurs, which disturbed only the surface of the soil, sub-surface sample should not be taken.
(ii) If a blood-stained soil is to be compared, it is imperative that the sample around the stain should be collected.
(iii) If splattered blood stains are found, soil samples from each location should be collected and packaged separately.
(iv) Two table spoons of soil should be collected in a polythene bag from each area of interest by using a cleaned spoon each time.
(iv) Two table spoons of soil should be collected in a polythene bag from each area of interest by using a cleaned spoon each time.
(v) If soil is firmly attached to any object, such as shoe, cloth, weapons, etc., no attempts should be made to remove the soil from the object. Arrange to send the whole object after packing in a suitable container.
(vi) A vehicle involved in the commission of crime may leave dislodged soil from its fender or under-carriage at the scene of crime. Then, soil from the scene and any remaining on a suspect vehicle should be collected and packaged in different containers, in such a way that crumbling of the soil does not occur.
(vii) Lumps or aggregates of soil with distinctive shades or consisting of two or more layers are often found in car passenger compartments, at the scene of hit and run cases. The lump of mud so found may bear a cast of ridges and grooves or fabric impression. Such soil lumps or aggregates should be preserved without disturbing the structure and shape, dried and then wrapped in a tissue paper before placing them in containers.
(viii) Several samples for reference should be collected within ten feet of the crime scene to determine any soil variations.
PAINTS
1539. Paint is extensively used as a protective and decorative coating applied on many surfaces. The forensic scientist defines the “contact trace” as a tiny amount of material that has been transferred as a result of contact between the surfaces. Paint is an excellent contact trace because flakes or smears can be readily transferred from one surface to an other. The wide variation in colour formulations and usage have prompted its use as one of the commonest types of physical evidences encountered in hit and run and burglary cases.
(i) Each paint sample collected should be separately placed in a folded paper, packaged in a polythene bag and marked indicating the exact location of its recovery.
(ii) Sample of paint chips should be picked up with a tweezer or scooped up with a piece of paper. The samples so collected should be sandwiched between dry cotton pieces and pieces in a container ( should not place loose).
(iii) If a smear of paint is transferred from a surface, the underlying paint should be removed along with the foreign paint by using a sharp knife or scalpel blade.
(iv) Smear found on metallic surface such as bumper and fender should be removed by scraping using a sharp blade. Whenever foreign paint cannot be removed without alteration, the entire item should be submitted. if this is not possible, the area of examination should be cut out.
(v) When larger items such as bumpers are to be transported, the evidence area is to be protected by placing a sheet of paper or plastic over the print smear.
(vi) In hit and run cases, samples of comparison from all areas should be obtained showing the fresh damage on suspect vehicles as the paint may vary in type or composition in different locations, even though the colour is the same.
(vii) Tools used in the commission of crime often pick up traces of paint. Such tools should be packed in plastic envelopes after securing the paint, preserved by covering with heavy paper or card board to prevent loss or contamination of paint deposits.
* Always reference samples should be collected from an adjacent undamaged area (upto 2 cms) by removing the paint representing all the layers.
* Tapes should never be used, but different blades should be used while collecting.
GLASS
1540. Glass particles can be distinguished with regard to their types and sources, depending on a few characteristic physical and chemical properties. This aspect has prime reference in cases of hit and run, automobile collisions, burglary etc. Therefore the presence of glass particles on the scene of crime constitutes an evidentiary item.
(i) The shoe and clothing of suspects as well as other objects that may be contaminated with glass should be marked and wrapped separately.
(ii) The clothing of the suspect should be removed by allowing the suspect to stand on a large sheet of clean paper. The clothing along with the paper should be wrapped and sent in a sealed container.
(iii) If small fragments of glass are lodged in scalp hair then they should be removed by combing the hair over a clean sheet of paper. The comb should also be packed and sent. Such small fragments should be placed in paper envelope and packaged in a polythene bag. (iv) It is important that every visible piece of glass should be collected from the scene of crime.
(v) When a physical match of larger piece of glass is desired, then the I.O. should protect the edges of the glass by using absorbent cotton or soft tissue and cushion them within a rigid container.
CONTROL SAMPLES
1541. At the very outset, the I.O. should ascertain the source of glass broken at the scene. Control sample from each source of glass (6 to12 pieces depending on the size of the pane) should be collected. If the pane has been completely smashed, the adhering pieces of glass should be collected by removing each piece. Each such piece should be marked for its interior and exterior surface with a self adhesive label or sketch pen/glass marking pencil. If the pane is small/portable, then the whole fixture with adhering glass pieces should be sent.
USE OF POLICE DOGS IN INVESTIGATION
1542. i) Dog squads are stationed at each of the District Head quarters. Services of these dog quads are used mainly for 1. Tracking and 2. Sniffing. Dogs are very sensitive animals and proper use of trained dogs can yield the best results in crime detection.
ii) It should be noted that the work done by the police dogs cannot be the subject of evidence in a criminal trial. There is no means to physically verify whether the scent on an incriminating object is identical with that of the criminal. The IO can, therefore, at best use the results given by the police dogs as if they are the information given by informants on the basis of which he has to collect independent and admissible evidence.
iii) Before summoning the tracker dog the under mentioned factors should be studied and careful evaluation of the situation made:
(a) TIME: The most important single factor in the successful employment of a tracker dog is time. The dog must be brought to the scene with all speed and not as the last resort. Once a decision has been taken to use the services of a tracker dog, the scene should not, as far as possible, be disturbed. Objects liable to have been in contact with the suspected criminals should not be touched or otherwise handled by other personnel. The area should be cordoned off and all movements over the same restricted to the minimum till the tracker dog is brought to the scene. The public has to be educated in this regard and they have to report immediately to the nearest police Station soon after they come to know of the offence, without loss of time
(b) CASTING THE DOG: The experience and intelligence of the handler is of the utmost importance in casting the dog. Before putting the dog on trail, he should examine the scene for footprints, bent grass, blood stains, articles or any other clues which might indicate the number of persons involved and the direction in which they are moving. Interrogation of witnesses and statements from local people may be of assistance, but should be carefully screened for reliability. He should also ensure that dog is on the forward scent and is not back-tracking. The IO will remain present through out the dog’s performance.
c) RE-CASTING THE DOG: The handler should be, whenever possible, in possession of some objects which had been in contact with the suspected person, for re-casting the dog, if found necessary. The trainer should lift such objects with a pair of forceps and carry the objects on his person in a polythene bag. On a long trail it may be necessary to refresh the dog’s memory when it shows signs of having lost the scent and the object is taken out with the forceps and the dog allowed to smell it and refresh its memory. The trainer should not directly handle this object at any stage.
(d) TRACKING DURING NIGHT: The handler should carry a torch, when out on night tracking. The torch helps the trainer to ‘read’ his dog at intervals and interpret the same. When not in use the torch is tucked under the handlers trainer’s web belt. Under operational conditions the use of torch at night may not be possible, if secrecy of movement has to be maintained.
(e) DOGS: Like the rest of the animal kingdom, dogs are subject to outside influences which have a direct bearing on their behaviour. It follows that the performance of any dog, no matter how highly trained it is, is not constant and it cannot be expected to work efficiently under every type of condition. The dog must be considered as a specialised ancillary weapon and should only be used after a careful appreciation of the tactical picture, climatic condition and the terrain has been made and found favourable.
(f) LIMITATIONS: Tracker dogs are however, not infallible. They have their limitation. It is useless to expect a dog to track with any degree of sureness through crowded thoroughfares, built-up area or main roads when the track is cold.
i) If any suspect offers to establish his innocence by showing himself to the dog taking scent from the scene of crime, such an offer should not be entertained. It is quite possible that suspect’s scent has been obliterated by scent of others and the dog is, therefore, unable to pick up his scent and consequently unable to point him out. The innocence or guilt of a suspect is always to be determined by independent evidence.
g) The following points should be borne in mind by the officer requisitioning the dog squad:
· The requision for dog squad should be made only in grave and important cases.
· There is no point in making requisitions where the scene of crime has been disturbed.
· Heavy rains wash out the scent and in such cases, dogs should not be asked for.
· A crime which is purely local in character offers better chances of successful use of police dogs than a crime which is committed by an outside criminal
· Requisition for dog squad must be made only when there are reasonable chances of police dogs reaching the scene of crime within 48 hours of the occurrence. This is the maximum limit, as the dogs will not be useful thereafter.
GUIDELINES REGARDING CHANCE FINGER AND FOOT PRINTS
1543. The opinion of the finger print expert is of paramount importance in the investigation of various crimes. The following instructions should be followed regarding chance finger and foot prints and their developments, preservation of the scene, method of packing and other matters:
PRESERVATION OF THE SCENE
1544. i) The Police Officer on his arrival at the spot should see that any latent prints left by the perpetrators of the crime are not meddled with or disturbed until they are inspected, developed and photographed by an expert
ii) If on inspection of the scene of crime, the IO finds that the services of a F.P. expert should be availed, he should immediately send a message to the superintendent of police, FPB Bangalore.
iii) The requisition need not be sent in every case as a matter of routine. He should use his discretion and make such requisition only when he feels that the services of an expert are necessary and will be of material advantage for the case.
iv) If latent prints are found on portable articles they should be seized under a detailed panchanama duly packed and labelled and sent to the Finger Print Bureau with a police officer with instructions regarding the care of the package during the journey.
v) In sending the articles containing latent prints to the Bureau, proper attention must be given to their package. The following essential points should be borne in mind :
¨ It should be ensured that no portion of the article where prints may be found should get into contact with anything else and
¨ The articles should be securely packed in a suitable container.
WHAT IS A CHANCE PRINT
1545. (a) Friction skin markings of fingers are formed on the surfaces of objects when they are touched or handled. Such markings are the result of ‘skin contact’ with receptive surface. These markings are left by the culprits during the commission of crime on the scene of crime and they are called chance prints. They are generally divided into three classes :-
Ø Plastic prints
Ø Visible prints and
Ø Latent prints.
b) Plastic prints are in reality the mould of the friction skin ridges appearing as furrows and furrows as ridges. They are normally found on such objects as soap, mud pitch, candles, blood, melted wax or paraffin, adhesives etc., and these prints should be photographed immediately.
c) Visible prints are the prints left by the finger covered with some coloured materials such as paints, blood, ink or dirt etc. Such prints are easy to find out but they are generally indistinct. It is normally photographed by reflection and it is not wise to risk damaging or obliterating the print by applying chemical powders or brush.
d) Invisible prints by oily matter from the sweat pores on articles which the fingers may touch are termed as latent prints. The physiological function of the pores which are studded on the friction skin papillay ridges is to exude oily matter, sweat and other secretions. The latent prints depend upon the presence or absence of perspiration.
e) The impression produced by this small amount of fat and oil is an unmistakable mark pointing to the person who touched it. Sweat glands become active when one is nervous or exited and the hands perspire more than normal during that period. Hence whenever precautions are not taken by the criminals latent prints are often left on smooth or polished articles. That is why latent prints at a crime scene are otherwise called the “Burglar’s visiting card”.
DEVELOPMENT OF CHANCE PRINTS :
1546. i) The sweat skin markings react physically as well as chemically to certain agents/reagents this facilitates their development. The following are the methods of developing these latent prints.
q By using chemical powders
q By using liquids
q By using gases or vapour
q By direct photography
q By X-ray photography
q By lifting
ii) A variety of finger print developing chemical powders are used by the finger print experts. Some of the powders are :
(1) Acacia powder
(2) Aluminum powder
(3) Anthracene powder
(4) Antimony metal
(5) Barium Sulphate
(6) Bismuth subbonate
(7) Bone Black
(8) Calcium Carbonate
(9) Calcium sulphate
(10)Ferric oxide
(11)Ferrous oxide
(12)Graphite
(13)Grey powder
(14)White powder
(15)Black Powder etc.
iii) The following liquids can be used on paper to develop the chance prints :
(a) Silver nitrate process to develop prints on documents
(b) Osmic acid on paper
(c) Tannic acid
(d) Amidol pyrogalld, Hydroquinone
(e) Ninhydrime
iv) The following gases and vapours can be used :
(a) Iodine fumes to develop prints on paper
(b) Mercuric iodide
(c) Bromine vapour
(d) Osmic Textroxide vapour
(e) Rethenenum tetroxide and
(f) Hydrofluoric acid vapour used on glass
v) Every care should be taken in developing latent prints to see that they are not lost or damaged in the process.
vi) It is advisable to request the Superintendent of Police, Finger Print Bureau, Bangalore to depute an expert to visit the scene of crime in difficult or very important cases if necessary.
vii) In cases where questioned documents are required to be sent to the F.P. Expert for his opinion they should be sent to he superintendent of Police, FPB, Bangalore with brief facts of the case.
METHOD OF PACKING :
viii) No nails should be used in packing the article. If necessary, screws may be used.
GENERAL
1547. i) In all cases where articles are sent to the Finger Print Bureau, for examination an explanatory letter should be forwarded in a separate cover. Each article should be securely and suitably labelled with a stick-on or a tie-on label mentioning the concerned crime number and any other useful information.
ii) If the articles on which latent prints are found are not portable, the expert, who in such circumstances should invariably be summoned, on arrival should examine them in the presence of panchayatdars and take photographs of such prints together with the object on which they are found. The objects on which such prints are found should be visible in photographs.
iii) When sometimes such prints found on articles (non-portable) are beyond the reach of a camera, the prints should be lifted by means of lifter or other prescribed methods in the presence of panchas by the expert himself. The lifted chance prints should be preserved properly until it is photographed in the FPB and returned to the I.O. for its exhibition in the court of law, if necessary.
FOOT PRINTS
1548. a) Foot prints left by the criminal at the scene of crime are generally of great value and under favourable condition may furnish strong evidence. They are often found in the open space and the first precautionary measure to be taken is to protect them from damage or destruction. This can be done by covering them with a hollow box and constructing a mud barrier around the box to prevent rain water from flowing into the impression.
b) There are two classes of Foot Prints.
(1) Surface Print
(2) Sunken Foot Print.
Surface print is usually found on hard surface and sunken foot print in loose soil. Both the surface and sunken prints should first be photographed with a scale placed alongside them. Surface prints can be preserved by:
(a) keeping the original impression intact if it is found on a portable object such as mat, slab, plank, cardboard or box.
(b) Tracing on a glass sheet or a celluloid plate or tracing paper.
(c) Taking the impression into a photographic bromide paper using a paper exposed, developed and fixed or a paper unexposed but fixed according to the background which comes to light or dark. (this method should be adopted whenever it is felt difficult to photograph a foot print found on a background which is dark or coloured ).
(d) Lifting with a lifting tape or foil or a photographic negative film fixed in hypo, washed in water and dried. Sunken prints are preserved by taking casts or mould with a mixture of resin and paraffin wax or with plaster of paris and water. Whatever the manner in which a foot impression is preserved, the details of the case should be furnished.
i) The name of the police station.
ii) The crime number and section of law.
iii) Whether right or left foot impression
iv) Medium on which the impression was found
v) Brief particulars of the place and the exact spot where the impression was found
vi) Date and hour of recording the print should be written on the record of the print. Signature of the officer recording and signature of one or more panchayatdars should also be affixed on the record of the print.
1549. The I.O’s Kit Box has been supplied to all police stations in Karnataka. The uses of some of the contents of the Kit Box are given below.
1. CAMERA
i) The Camera is useful to record indoor or outdoor scenes of crime or any other event of interest.
ii) DIRECTIONS
After the exposure :
(1) Remove the film and get it developed. Make prints of required size. Document the details of exposure.
(2) Preserve the negatives in an envelope in the case file.
(3) make two sets of prints to be attached to case diary-I as an annexure.
2. CAMEL HAIR BRUSHES
Use to collect minute evidence such as dust, fine particles, and any other dry powdery substances. The brush should be thoroughly cleaned after every use by repeatedly tapping the handle against any hard object.
3. CELLOPHANE TAPE
Use to collect trace materials such as gunshot residues from the suspected hands, hair, long fibres etc., This can also be used for securing the broken or cracked items such as glass or other fragile articles. Close the adhesive side by folding.
4. CUTTING PLIERS
Use to cut the wires, open the bolts and nuts to facilitate removal of any object of evidentiary value. Clean after every use.
5. CONTAINERS
Use plastic round bottles, plastic transparent rectangular boxes, plastic test tube, and polythene bags to collect different materials as indicated in the guidelines. Do not reuse containers. Use appropriate containers for safe and secure packing and transmission.
6. FINGERPRINT FEATHER BRUSHES:
Use to develop invisible finger prints. Use one brush for black powder and one for white powder. Before developing fingerprints clean the brush by holding in between two hands and rotate vigorously. Take a small quantity of finger print powder on a piece of paper and dip the brush in powder. Apply gently over the suspected area.
7. FILTER PAPER CIRCLES
Use for collection of liquid blood or any other moist substances like saliva, urine etc.,
8. FORCEPS
Use to lift small objects such as cigarette butts, glass fragments, letters, bullets, wads, hairs, fibres etc. Forceps with rubber tips should only be used for collection of bullets, articles bearing tool marks etc. Clean after every use.
9. FLASH LIGHT