Legal Analysis of Crime Scene Management

Since the Nineteen seventies, important communal, lawful, and scientific variations in the criminal justice system and the forensic sciences have reformed the silhouettes of the law-science interface. The forensic sciences have created pretentious scientific advances in process of criminal cases. The legal system and forensic science aim to produce information and notice facts because of the basis for justice with the motive of supporting the court in its evidential task. Therefore, it leads to the solicitation of information and strategy of diverse disciplines of science to legal issues. The rising implication of science in crime investigation has concreted an effortless path for administering justice. So, the aim is to define a scientific and legal framework for the efficacious management of the criminal justice system in India.

Introduction:

The crime scene could be a place where the scene of offense takes place or truly happened. It’s any physical scene, anyplace, which will offer potential proof to an investigator. It should comprise of a being’s body, any form of vehicle, location in the open air, or stuff found at those places. “Crime scene inspection” thus refers to scrutiny where forensic or scientific methods are used to preserve and gather physical evidence of anything that happened against the law.

The investigation is a term given in Section 2 of the Criminal Procedure Code. Which says that investigation is a technique of unearthing the evidence and the truth lies on the crime scene. thus, bound actions are required to a certain the facts and collect the evidence. Investigators observe scrutiny of the evidence, blood, fluid, spectator testimony on inspection, or prints, residue, digital devices, or technology to found in what way a crime happened.  The pertinence of science and its techniques to those criminal and civil laws that are imposed in a criminal justice system by the police agencies”. It’s the framework, Forensic Science created its value. Its Advancement gave a commanding means in the implementation of the law.

‘Crime scene management and forensic investigation’ demonstrates how the actions of police at a crime scene will mark the obtainability and efficiency of forensic tests later in the investigation. Crime scene management aims to regulate, preserve, record, and recuperate evidence from the scene of the crime. Any proof found from a scene by investigators should be packed and labeled properly to avoid damage and contamination. Once forensic analysis starts, it is important to verify that the queries inquired are investigative and not purely scientific. It’s now and then beneficial to bring the forensic professional to the crime scene itself.

Constitutionally, In India Section 45 and 46 of the Indian Evidence Act 1872 highpoints that:

1. The court of law when required can trust on skills of individuals having technical knowledge of the facts involved.
2. The court of law can depend on the genuine statement of evidence claimed by the skilled decided based on scientific techniques.
3. The evidence considered immaterial would be given bearing in the court if they are to the estimation of specialists.

Mechanisms of Forensic Investigation

Crime Scene

The crime scene’s working officer is the in-charge of the crime scene. Accordingly, he divides the crime scene into two formats. The first one is called an indoor crime scene and the other one is an outdoor crime scene. The indoor crime scene is a crime surrounded by walls and rooms means isolated and confined areas. Whereas, outdoor crime scene which doesn’t have boundaries they occur on roads or highways. They both are handled differently because indoor crime scenes are less suspectable to contamination than the outside scene which are more suspectable to contamination to components like rain grain and other climatic conditions.  In charge of the crime scene i.e. investigating officer believes nobody however the crime scene only means they look into the scene and always listen to the scene and physical evidence found there by observing it.

At the site of the crime, the criminal investigator and crime scene employees work along to outline and seal areas that will contain evidence then will inspect and document the scene; gather physical evidence; and preserve, pack and submit the evidence to the forensic experts for examination. With these important pieces of evidence, the investigator tries to recreate the crime scene.

Protection of the Crime Scene

The chief feature of evidence gathering and preservation is protecting the crime scene from impatient bystanders and family members. He ought to quarantine the site by sealing is not a single thing should be moved, reformed, or altered till the investigating officer jotted down all the details. So that the relevant evidence remains uncontaminated till details of the site have been recorded and collected. For this reason, a minor change in the scene can mislead the investigator thereby will make the job of an investigator very problematic. The effective prosecution of a case can pivot on the physical evidence at the time it is gathered. The scene is guarded with the coming of the first police officer at the scene and ends when the site is free from police protection. Preservation of the crime scene likewise protection of the crime scene investigator should also be done. A civilian or police should be provided to a crime scene investigator as a security, he should never be left alone while working at the scene. Especially in the case when the suspect has not been detained.

Note making of the Crime Scene

 Once the crime scene is sealed the Investigator should then head to record the evidence. Not any evidence should be touched or dismantled until it has been carefully labeled in a notebook, its location shown in a sketch and photography should be reserved. They should try to collect as ample amount of information as possible about the scene There is not any doubt that there is a restricted time for which a crime scene remains uninterrupted; in the meantime, the scene must be quickly and correctly recorded in its original form prior it’s gone vanished. This is an important step for the demonstration of the investigation to the court of law. The investigation should consist of relevant Facts and facts detected by him at the crime scene. The unearthing of every single important element of evidence, where and when it was found, should be precisely labeled. These factual details are significant for the defense claims about the crime and its recreation. The jotting should include the subsequent characteristics of the crime scene:

1. The day and time of the First information report.
2. The type of crime.
3. Site of the crime scene and a description of the area in short.
4. Facts of the crime in short.
5. The designations of all officers, observers, investigators, and special Staff at the crime scene.
6.  The names of employees, who took the pictures, fingerprints, Drafts, sketches, etc.
7. The state of climate and lighting while recording the scene.
8. A interpretation of the inner and outside of the crime scene, number of room, door, windows, buildings, etc.
9. The place and assemblage of evidence.
10.  The timing at what time the recording and examination of the crime scene completed.

Videotaping the Crime Scene

A video camera is primary to document a crime scene. Video can make an outlook on the crime scene project, unlike photographs and sketches. It is a more accepted observing form to which persons can readily relate, especially in representing the shape of the crime scene. The minute the video recording begins, it shouldn’t be stopped till the recording is done. So that there will be no possibility for cutting or editing the scene. This is more helpful in assessing the photographs and sketches sometimes lost.

Photography

Photographs of the scene are indispensable they should be added to document the crime scene. While recording the overall scene, the photographs should show the design of the crime scene and the overall three-dimensional relations of the various parts of evidence to each other. To express the story of the scene clearly and comprehensibly, an arranged progression of clicks can be required. The subject matter of crime scene shooting should change from general to specific.

Crime Scene Sketching

 The last stage in recording the scene is the creation of a crime scene sketch. So, the investigator must create a sketch of the crime scene. A rough sketch of the scene is made first on graph paper by pencil with so several squares. The sketches in along with the photography deliver a perfect presentation of the scene. The sketch of the scene of incidence should be made at the site of the crime and not at any other place. The distance should exact and not approximate. The instructions should be directed with the aid of the compass. The sketch should demonstrate and locate vital things at the scene. Insignificant things shouldn’t be included. It should be made carefully for the accurate appearance of the scene. Must replicate the info in the sketch so that it could be admissible in a court of law.

Some Landmark Judgments

In the case of Vishal Yadav v. State of Uttar Pradesh[1], it was observed that Nitish Katara was murdered. Here, the discovery of the dead victim was hard because of the accessibility of only a small part of one un-burnt palm with fingers. Here also, DNA reports help out in detecting the body leftovers by matching DNA reports with parents of the dead, which aided the High Court of Delhi to uphold the conviction of the defendant.

Similarly, In Sushil Mandal v. The State represented by The Inspector of Police[2], Sushil Mandal, a distressed father of the dead boy, was knocking on the doors of the court of law. He challenged the discoveries of DNA reports. The dead boy Sandesh was on the teenage cusp of mutual love with a school girl namely Maharishi vidya and the parents of both were recommended by the school administration for keeping a check on them. Later, a complaint was filed that the boy was reported missing and, after a week, a completely decomposed unknown body was fished out from a lake. The requester denied recognizing the body leftovers and clothes of his missing son. He chose habeas corpus appeal in the high court blaming the father of the girl and requesting the high court to start the inquiry by the Central Bureau of Investigation. The DNA inspection of the body remains matched with the genetic profiles of the parents of the dead. The skull superimposition test also recognized the connection between the deceased and the recovered body. But Sushil denied admitting the truth discovered by these scientific tests on one or the other excuse even though the DNA test was repeated for his fulfillment. The apex court found dependence on scientific tests counting DNA profiling for human identification and consequently shut the case.

There are certainly various questions regarding whether forensic evidence encroaches upon Art. 20(3) of Indian Constitution or not? In State of Bombay v. Kathi Kalu Oghad & Others[3], the court of law ruled that giving thumb imprint, semen, blood, specimen signature, hair, etc. by the defendant do not qualify as ‘being a witness’ in the meaning of the mentioned Article. The suspect, hence, has no right to object to DNA inspection for the aim of investigation and trial.

In a new judgment in the case of State of Gujarat v. Mohan Hamir Gohil and others[4], the Division Bench of this Court of law subsequently discussing to numerous authorities on DNA technology, the different procedure used for testing and the scientific developments made the world over, observed that with time the Courts globally counting in India have been heavily relying on DNA outcomes. It was detected” Over a period, the technology of DNA reporting has made the great pace and accomplished complexity leading to results which can oftentimes be used either for insertion or exclusion of the suspect.

Importance of Forensic Science in Law

The origin of the term “forensic” is in the Latin word “forenses” which sense a forum. the derivation of ‘forensic science’ has its close relation with the legal system. Forensic Science comprises the preservation, collection, and examination of evidence appropriate for impeaching a criminal in a court of law. Therefore, the applicability of forensic science in the criminal justice system is apparent.

The legal system is extensively familiar with the role of forensic evidence in criminal trials. It is because of scientific techniques and methods used in scrutinizing, there is no space for injustice in society. That’s why DNA profiling and many other forensic pieces of evidence are broadly acknowledged in courts across the world. Remarkably, the first forensic technique ever used to link finger and palm print as proof of identity dates back. Forensic evidence is widely used globally to both criminals and absolve defendants. Therefore, forensic science laboratories have expanded up in a previous couple of decades. Special acts have been passed to advance the version of forensic services. This would guarantee that criminalities are detected with more certainty and therefore conviction rates can rise. Such acts have excessive importance on time and quality management of crime scenes.[5]

Conclusion

The forensic science in criminal justice and the legal system plays an extremely serious part nonetheless, is often unappreciated. The criminalities have amplified with the Modern times and the type, method of the crimes has also advanced following the technology. Thus, the investigation process must be one step ahead and use scientific technologies to know the nature of the crime that occurred. With the advancement of mindfulness and attentiveness, criminals’ investigations depend on forensic science for typical rules and appropriate proceedings of the cases. The Cruel and torturing methods of inspecting shouldn’t be used in a civilized society. In the upcoming years, the government should do amendments to add up more practical and scientific methods for investigation bearing in mind the modern crime situation and technological improvements.

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References:

[1] ⁽2014) SCC Online Del. 1373.

[2] 2014 SCC Online Mad 7362

[3] AIR 1961 SC 1808

[4] R/CR.A/224/2012