FORENSIC SCIENTISTS AND THEIR SELECTION OF EVIDENCE -

DO FORENSIC SCIENTISTS COLLECT ALL EVIDENCE?

SANJANA K
3RD YEAR BA LLB
03FL21BAL032
TEAM 1 ASSESSMENT – FORENSIC SCIENCE AND CRIME SCENE
INVESTIGATION
 FORENSIC SCIENTISTS AND THEIR SELECTION OF EVIDENCE -
DO FORENSIC SCIENTISTS COLLECT ALL EVIDENCE?
Abstract
A forensic scientist plays a dominant role in investigating a crime scene. The role begins with
investigating the crime scene and collecting the evidence. The evidence which is collected
depends on the nature of the crime and its method of commission. Evidence is also utilized as
a means to determine the method of the crime committed. A shred of evidence is always not
pre-decided as the right evidence for the right crime. Upon careful investigation by the forensic
scientist using the various existing methods of investigation, the evidence is determined to be
relevant or not. Any evidence which provides a link between the accused and the crime is
considered as the appropriate evidence to decide the criminal liability of the accused.

KEYWORDS: DNA, INDIAN EVIDENCE ACT, FORENSIC SCIENCE, CRIME SCENE,

TESTS, FINGERPRINTS, BALLISTIC

INTRODUCTION
Evidence under the Indian Evidence Act and under forensic science are poles apart. They are
defined based on their usage in both the fields which is the reason for the differentiation,
Section 3 of the Indian Evidence Act defines evidence as
“Evidence”. ––“Evidence” means and includes ––(1) all statements that the Court permits or
requires to be made before it by witnesses, in relation to matters of fact under inquiry; such
statements are called oral evidence;(2) [all such documents including electronic records
produced for the inspection of the Court;] such documents are called documentary evidence. 1
In the field of forensic science, evidence or forensic evidence is the criminal acquired through
scientific means. It focuses on providing physical evidence which is not only limited to
statements but all pieces of evidence from blood samples that have the capability of providing
assistance in finding the perpetrator.

1
(INDIAN EVIDENCE ACT 1872)
RESEARCH METHODOLOGY:
Various secondary sources were utilized in this research. The secondary resources include:
1. Research papers: four research papers were utilized to understand the concept of
forensic science and the principles of various forms of evidences.
2. Textbooks: facilitated in analysing the necessity of forensic science in the field of
criminal law.
3. Published articles: the articles utilized for this research facilitated in understanding the
utility of evidences in the fields of forensic science

RESEARCH OBJECTIVE
1. The objective of this research is to understand the division of examination of evidence
among the various branches of forensic science
2. To understand the necessity of forensic science in the field of criminal law
3. The validity of certain evidence in determining a criminal offence

RESEARCH QUESTION
Do Forensic Scientists Collect All Pieces of Evidence Found at a Crime Scene?

WHAT IS FORENSIC SCIENCE?

Forensic science is the scientific methods utilized or applied to investigate a crime or examine
a crime to collect pieces of evidence that are admissible in courts. This form of science is not
limited to a single field but has a wide spectrum which spreads across multiple disciplines that
cater to the various forms of incidents occurring in society. Forensic science has played a vital
role in criminal law to find legitimate and essential shreds of evidence which are not in certain
circumstances visible to the naked eye. This evidence found using the methods established in
forensic science provides originality and authenticity to ensure there are no circumstances of
prolonging a case which could be resolved using such tools.
Forensic is derived from the Latin word ‘forensic’ which means ‘of a forum’ or ‘before a
forum.’ It includes anything which involves collecting, preserving and investigating objects or
substances which provides as a guild in the conduction of a criminal trial. The primary duty of
forensic science is to scientifically understand a crime scene and find the probable methods or
means of its occurrence. The methods utilized to find evidence depend on the nature of the
crime and the crime scene.
WHO IS A FORENSIC SCIENTIST
A forensic scientist is a qualified individual in various scientific disciplines such as physics,
chemistry, and biology. They play the role of being an investigator neutrally understanding
whether the accused committed the crime. If the shreds of evidence found at the crime scene
do not result in being insufficient, the accused would be considered as innocent and the case
would move in a different direction for the purpose of resolution.
The forensic scientists play a major role in defining the evidence presented in a crime scene to
analyse the methods used by the accused in committing the crime and the motive of the
accused. The motive is found through understanding the intensity of the accused by causing
grievous harm or the death of the victim. This proves their title of being the first scientist. Their
role is divided between receiving the pieces of evidence from the crime scene to test or to be
present at the crime scene to collect the relevant pieces of evidence such as fingerprints, hair
strands, DNA samples, shoe marks, and other accessories present at the crime scene. Their role
is not necessarily limited to finding pieces of evidence and investigating them but also it
extends to playing the role of an expert witness during a criminal trial and providing testimonies
in the form of verbal statements under oath to the Judge. An expert witness on provides expert
statements and explanations to the court regarding their findings or a particular circumstance
based on their solid educational qualifications and background which provides them with the
ability to answer peculiar questions presented to them in court and report observations which
is authentic, accurate in a meticulous and accurate manner.
PIECES OF EVIDENCE EXAMINED BY A FORENSIC SCIENTIST
A forensic scientist uses several forms of shreds of evidence found in a crime scene as a source
of evidence. The evidence in a criminal trial forms two categories,
1. TESTIMONIAL EVIDENCE
They are statements given under oath that perform the role of evidence. Therefore, this
form of evidence emphasizes on eyewitness as their source of prima facie evidence or
direct evidence. The individuals who have had first-hand experience in witnessing a
crime perform the role of an eye witness which means they ought to provide the court
with their memory of the incident taking place. Eyewitnesses play a major role in
assessing the credibility of the incident which resulted in the criminal trial. The
testimonial evidence does not necessarily require it to be presented orally, written
testimonial evidence is accepted in various criminal trials. oral testimonial evidence
ought to only be documented in words and not in audio and video recording due to the
advanced technological methods of changing the nature of such recordings and the
possible omission of such recordings. In the modern society, the use of telephonic
means to obtain testimonial evidence is permissible including video telephonic
conferences making the procedure of collecting such evidence less time-consuming,
expensive and laborious. A Forensic scientist does not play a major role in deciding a
piece of testimonial evidence as their role involves careful analysis of pieces of
evidence to understand the nature of the accused and the crime. A 1997 study had found
that eyewitnesses have a credible memory and informative power in providing certain
 details regarding their incidental witness which provides the investigating officers and
the court with a thorough understanding of the crime that led to the trial in court. 2

2. PHYSICAL EVIDENCE
A forensic scientist plays a major role in providing and investigating physical pieces of
evidence in a criminal court proceeding. The role of a forensic scientist begins with
observing and determining the identity of the physical evidence and the origin of such
pieces of evidence. Physical pieces of evidence include such as physical objects or
properties. Some of the commonly found physical pieces of evidence include drugs and
toxic substances, plastic commodities, paints, residues of gunshots, petroleum products,
glass, blood, blood-like fluids, bones, tool marks, tissues, pollen and impressions such
as shoe prints, bite marks etc.
A large building could also form as a source of evidence for determining a criminal
offence. DNA evidence such as fleeting odour, hair strands, skin etc form pieces of
evidence. They have more accuracy than testimonial evidence as statements given by
witnesses often finds themselves being erroneous or divergent or irrelevant in various
cases.
A piece of physical evidence can be taken from a crime scene or even from a physical
being either dead or alive. There have existed several arguments on whether providing
fingerprints and DNA pieces of evidence for the purpose of verification or investigation
violates Article 20 of the constitution as there may arise circumstances where pieces of
evidence were received forcefully which may result in them giving pieces of evidence
against themselves, the supreme court was quick to counter such arguments stating that
compelling any person to give any form of pieces of evidence sued by forensic scientists
in ascertaining a crime by considering it a piece of forensic evidence such as
fingerprints, fingernail materials, blood, hair, semen does not go against article 20(3)
3
of the constitution as such a method of retrieving shreds of evidence is enshrined under
the Indian Evidence Act which directs any person(including the accused) to be asked
to provide pieces of evidence or samples such as fingerprints or DNA pieces of evidence
in the form of a DNA examination.

Forensic science consists of several specialised branches in the field resorting to multiple
sources of evidentiary analysis. This division is specified based on the property or evidence
used in analysing a crime scene and the qualification of the experts involved to investigate such
pieces of evidence based on a thorough study of the various probable uses of the particular
commodities in committing a criminal offence.
The forensic scientists usually specialize in a particular field which reserves certain criminal
offences as their common source of study. The fields include

2
In a 1977 study of more than 2000 lineups, of the 45 per cent of potential offenders who were “recognized”, 82
per cent were convicted. In 347 cases, where eyewitness testimony was the only evidence, 74 per cent of
defendants were convicted. Another report, in 1983, showed that jurors relied more on eyewitness testimony
than on finger print evidence.
3
No person accused of any offence shall be compelled to be a witness against himself.
FORENSIC DNA ANALYSIS
The term DNA4 includes genetic information of a particular being. Forensic science has
received great assistance and fame over its usage and methods of DNA analysis as it ascertains
accurate and meticulous results during a criminal investigation. Forensic DNA proofing
involves extracting, analysing and interpreting genetic material sometimes which are unique
for each being. Upon the extraction of DNA material, there exists a process of purification
which eradicates all the impure substances in the DNA material to ensure it remains pure and
not entangled with other substances. Upon the same the process of DNA profiling takes place.
This procedure is used in various forms and different DNA materials,
For example:
i. Blood stains and blood: the process of DNA profiling is used to detect 5 and to
conduct a further investigation through serological tests to identify the blood group
and its origin.
ii. Hair samples: a comparative analysis is conducted to determine the origin of the
species. It is often conducted to determine the first-hand information on the suspects
of the crime when found in and around the crime scene
iii. Seminal stains and samples: the process of serological testing is also done by
collecting semen samples and stains as it ascertains the blood group of several
accused or suspects in various criminal trials. The most common form of criminal
trials that use this method is trials or criminal court proceedings for rape cases which
results in heinous hurt or the death of the victim. The Supreme Court in several
cases has used DNA profiling in the form of collection pieces of evidence in the
form of semen stains to ascertain the accuses of gang rape and other sexually
violating offences. 67
iv. Other forms of bodily fluids: the following category includes saliva, sweat, and
urine which also are detected using serological tests to determine the origin or blood
group of the owner of such bodily fluids.
v. Skeletal bones: the primary step of a forensic scientist is to determine the sex, age,
race, and disabilities of the victim or the accused to create a primary foundation for
the case and an appropriate direction using superimposition.
vi. Diatom: They are usually utilized in drowning cases where the lung tissues, internal
organs, and bone marrow. 8

Other than bodily evidence or evidence relating to or derived from a human body, several other
circumstantial evidences which are present in and around the crime scene or evidence related
to the crime are used for understanding the criminal nature of the offence. Some of the examples
for the same include

4
DEOXYRIBONUCLEIC ACID
5
If latent
6
(Santosh Kumar Singh v. State Through CBI 2010)
7
(Mukesh & others vs State of NCT Delhi & Anr 2017)
8
(Forensic DNA analysis: a primer for courts n.d.)
 i. Fibre: fibres found around and, in the crime, scene is used to determine its origin
and the owner of such fibre to track down the accused at a crime scene if the fibre
has any relation to the offence in hand.
ii. Materials obtained from flora: plant materials such as wood, seeds, flowers, and
pollen are commonly found around the crime scene which under certain
circumstances are used to investigate the origin and compared with the standard
samples.
iii. Insects, maggots: the time of the death of an individual in a crime scene is
determined through the understanding of the presence of insects. The duration since
the offence that caused the death is determined by the gathering of several insects
and small ones created in and around the corpse. 9
The DNA department of forensic science therefore deals with a variety of evidence in the form
of flora and fauna which is examined based on the offence and then used as legitimate evidence
against the accused or the proposed suspects.
India as a developing country has also progressed in the field of forensic science by utilizing it
in the various steps of investigation in a criminal proceeding,
In the case State of NCT Delhi v. Sujeet Kumar, the Delhi police investigated a severe rape and
unnatural sexual act with a four-year-old female child residing in a slum, and DNA profiling
was used to link the culprit to the crime of sexual abuse. After reviewing the study of the child's
testimony and the many methods were involved, the court agreed to the investigation results
based on DNA reports and other evidence found the accused guilty, and overturned the Trial
Court's order acquitting the accused.10
The courts of various states had established guidelines enforcing the methods of DNA tests that
are to be taken by a forensic scientist.
In the case of Vasu v. Santha court had established some standards regarding DNA tests and
their admissibility to show parentage in the circumstances mentioned above:
(1) Courts in India cannot order blood tests as a matter of course.
(2) Wherever applications for such petitions are filed to conduct a roving inquiry, the Forensic
Evidences in Criminal Trial: Need of the Hour blood test request cannot be accepted.
(3) The husband must show non-access to dispel the presumption arising under Section 112 of
the Evidence Act, which insists on a strong prima facie case.
(4) The court must be careful in considering the consequences of conducting the blood test,
including whether it will brand a child as a scumbag and the mother as an unchaste woman.
(5) None can be forced to furnish a blood sample for testing. Furthermore, the court stated that
a blood-grouping test is a useful tool for determining paternity disputes. It can be used by courts
as circumstantial evidence, allowing them to rule out a particular person as the child’s father.

9
(Forensic DNA analysis: a primer for courts n.d.)
10
(201)
However, it is important to stress that no one can be forced to donate a blood sample for analysis
against their will, and no negative consequences can be drawn as a result of their refusal. 11

FORENSIC DACTYLOSCOPY
The branch of forensic science specializing in fingerprints is known as forensic
dactyloscopy. Dactyloscopy is derived from two Greek words ‘dactylos’ meaning finger
and ‘skopein’ meaning to watch.
Fingerprints are considered as one of the limited pieces of evidence which are
considered conclusive as to their identity, presence and occasionally their movements.
This branch of forensic science does not only focus on fingerprints but also finger marks
which are also known as latent finger prints. A fingerprint is an unchanging save for
serious skin-related physical damages.
A fingerprint is different for different humans, it is a unique identification given to an
individual which does not come even close to the fingerprint of another. Forensic
evidence of fingerprint is a unique form of identification using sources of various
frictions of rigid skin from fingers, palms, toes, and soles along with various marks on
them such as finger marks. The study of fingerprints and finger marks has made its
mark in the forensic science industry for over 100 years where it has been as evidence
in several cases in India. Finger prints and marks evidence collection comes under the
field of forensic DNA analysis. It was primarily introduced during the 19th century by
Juan Vucetich, who was an Argentinian police officer. It is commonly used as a
convenient source of evidence which is useful in all forms of investigations to
determine the accused.
Fingerprints are broadly classified based on the following:
1. Arch
2. Loop
3. Whorl 12
These classifications are grouped together based on common characteristics making each
individual possess a particular class of classifications which narrows down the match in a bulk.
The suspects' fingerprints are compared with the print found at the crime scene, if the print
matches any of the suspects, then the rest of the suspects will be relieved from punishment for
the offence which they may or may not have committed.
HOW IS THE IDENTITY DETERMINED FROM THE FINGERPRINT?
The identity of an individual is determined from the fingerprint through the process of pattern
matching. Matching the pattern of the fingerprints retrieved from the crime scene with any of
the suspects along with the sample pattern. Experts consider both the similarities as well as the
dissimilarities while matching the prints.
The expert while evaluating considers the following:
i. the likelihood of a general pattern type

11
(1975)
12
(MEUWLY n.d.)
ii. the pictorial likelihood of the impressions (ex: ridge width, spacing, flow)
iii. the quantitative and qualitative likelihood of the ridge characteristics;
iv. the likelihood of a sequence of the ridge characteristics;
v. the likelihood of any scars or creases present; and
vi. the absence of any dissimilarities.13

A Forensic scientist comes across various forms of finger prints in a crime scene where they
utility of such fingerprint varies from one case to another.
In the case of Parker v. R, the court had very clearly stated that
"The fact of individuality of the corrugations of the skin on the fingers… is now generally
recognised as require very little, if any, evidence of it... A fingerprint is in reality an unforgeable
signature...If it is true then, there is in this case evidence that a prisoner's signature was found
in the place which was broken into, and it was found under such cases that it could only have
been impressed at the time when the crime was committed. It is impossible under those
circumstances to say there was no evidence "14

FORENSIC TOXICOLOGY 15
Forensic toxicology is the study to understand the presence of certain toxic substances in an
individual`s body and the effects of the presence of such toxins. The word toxicology comes
from a Greek word ‘toxicon’ which was used as a poisonous substance in arrowheads.
It is the science that involves the knowledge utilized to representing the character, source, lethal
dose and analysis of poisonous substances and their curative measures. The Hindu scripture
Rig Veds has also mentioned the science of toxicology relating to various plant poisons and
animal venoms. Forensic toxicology utilizes its branch to determine the relationship between
drugs, chemicals and their lethal effect due to being exposed to them. It only focuses on the
application and effects of toxic substances to provide assistance in criminal investigations. The
mechanism applied in this field with regard to toxicology is the perception of the cause of the
ability and effect of a particular toxic substance. Such information regarding toxic substances
is derived through research and development 16.
Poisons have become a common siren in the medical field which results in the necessity of
accurate mechanisms in determining the toxic substance along with its repercussions. The field
of forensic toxicology has expanded over the years due to technological advancements
providing essential types of equipment to provide faster analysis reports regarding several toxic
substances analysis and research and finding antidotes to the same through other expert
branches of toxicology. 17

13
(Forensic DNA analysis: a primer for courts n.d.)
14
(1912)
15
(Issa n.d.)
16
(Issa n.d.)
17
(SCTB KHALSA COLLEGE n.d.)
Forensic toxicology analysis traditionally focuses on using various bodily fluids existing in a
living being in the form of blood, bile etc. The examination of various internal organs to
determine the side effects of certain chemicals is also prominent in the research in toxicology.
The science of toxicology has spread across by including a wide range of interests, including
the process of risk evaluation involved in the use of various products of pharmaceuticals, the
effects of utilizing pesticides, and various food additives, and also the studies of occupational
poisoning, exposure to environmental pollution, the effects of radiation, and, regretfully,
biological and chemical warfare.18 The sample of toxins is usually collected by a crime scene
investigator and given to such laboratories where the analytical procedure is performed on
biological as well as non-biological samples. The analysis is later generated into a report which
is presented in court exerting sound efforts to guarantee their analytical results are based on the
guidelines of moral and ethical conduct. In the field of criminal law, the process of postmortem
testing takes place which is executed by a forensic toxicologist. This is considered as the main
procedure following the autopsy process, which is directly after the death of an individual due
to the metabolism of a drug or a chemical substance or a toxic substance. 19 samples such as
one`s blood, gastric fluids in a body, tissues such as renal, liver, spleen, muscle and brain are
used as samples. Blood is the most commonly used sample in determining poisonous
substances as blood consists of the most lethal concentration of drugs in a body upon
consumption.
Ram Chandra Reddy & Ors. v. State of Maharashtra the court had upheld the legality of the
use of lie detector tests and the use of narco analysis. 20

FORENSIC PATHOLOGY
A forensic pathologist is an individual who conducts an autopsy and has specialized in the
examination of individuals who die either suddenly or unexpectedly or even individuals who
die a violent death. These individuals have qualifications that give them the ability to perform
autopsies in order to determine presence or absence of diseases, injury or poisoning. It is a
common saying that forensic pathologiest depend largely on forensic toxicologists regarding
the determination of the presence of particular toxic substances inside a dead body which would
provide them with information regarding the substance and the area it mostly emphasizes on
upon entering a body. These individuals are trained in multiple branches of forensic science
including traditional medicine, DNA analysis, Forensic Dactyloscophy, forensic ballistics and
even under certain circumstances forensic toxicology. They act as the coordinators for the
various evidence-collecting procedures by forensic scientists and ensure there exists no
deviation or violation of the code of conduct by a forensic scientist. 21

THE BRANCH OF FORENSIC BALLISTICS

Forensic ballistics is the examination of evidence regarding firearms at a crime scene. it
involves studying the speed, mobility, angle of movement and the projection of bullets, bombs,

18
(SCTB KHALSA COLLEGE n.d.)
19
(Issa n.d.)
20
(2004)
21
(Forensic DNA analysis: a primer for courts n.d.)
missiles etc. 22 An expert at forensic ballistics matches, analyses and examines the fragments,
cartridge and fragments along with the other pieces of evidence of the weapon belonging to a
suspect of a particular case.
This branch is further divided into four types of forensic ballistics,
1. Internal ballistics- regarding the motion of the projectile in the bore of the weapon
2. External ballistics- the motion of the projectile from the muzzle end of the barrel to the
target
3. Terminal ballistics also known as the wound ballistics that deals with the effect of a
projectile on the target
4. Transition ballistics deals with the projectile motion from the time it leaves the muzzle
to the pressure that results in the projectile to equalize. 23

A FORENSIC SCIENTIST AND EVIDENCE

A forensic scientist plays a major role in a criminal investigation by converting the evidence
into legitimate proof. They play a vital role in using their expertise to determine the necessity
and the validity of pieces of evidence found at the crime scene and provide a direction for the
process of investigation. The field of a forensic scientist holds an essential position in
determining the kind of pieces of evidence they collect. The legitimacy of an evidence depends
on various factors which can only be determined by an expert. At a crime scene, several pieces
of evidence are found such as hair strands, fingerprints, dead bodies etc, such evidence is sent
to a forensic expert who upon examination determines the suspects of the came and the nature
of the crime, this results in providing a direction to the case based on the legitimate evidence
found in a crime scene. several landmark criminal cases have utilized the assistance of a
forensic scientist in determining the nature of the crime and the validity of the properties found
in a crime scene which would possibly related to the accused or provide any assistance in
determining a probable suspect of a crime.

CONCLUSION
From this research on the various fields existing under forensic science and the various forms
of evidence collected, it is understood that all pieces of evidence are not collected by a forensic
scientist. The individuals having expertise in the examination of a particular set of evidence
can collect the same based on the validity of such evidence at the crime scene. upon collection
of such evidence, it is their role to ascertain whether such evidences prove the innocence of
suspects discovers new suspects or even proves the stand of an accused in a criminal
proceeding.

22
According to a the American government website, Calvin Hooker Goddard is considered as the father of
forensic ballistics who was an army officer, an academic, research scholar and a forensic scientist.
23
(htt1)