Introduction:
Physical evidence is any tangible object that plays some character within the matter that gave rise to the litigation, introduced as evidence during litigation like an attempt to manifest a fact in a problem supported the object’s physical characteristics. It’s also called real evidence or material evidence. The aim of recognizing physical evidence is that it is often collected and examined. It’s difficult to work out the load a given piece of evidence will have during a case as within the end the load is going to be decided by judges. Evidence that’s found on the crime scene is named Physical evidence. The thing of identifying the proof is to work out its physical or chemical identity. The method of identification needs the testing processes that give characteristic results for explicit standard materials. After the results are being recognized, they could be recorded permanently and used repeatedly to prove the identity of suspect materials.
Physical evidence is often the proof of the commitment of crime and provides the situation for investigation, for instance, gasoline found at the scene of a fire can prove the ignition. It can support witness testimony or prove it false sort of a forensic scientist can test a bloodstain that a suspect claim as his own and not the victim. It can link a suspect with a victim or with a criminal offence scene as a broken piece of headlight glass found within the cuff of a suspect’s pants could place him at the scene during a hit-and-run accident. Physical evidence can identify the identity or character of the people associated with a crime; for instance, DNA, fingerprints, or handwriting, might prove that a particular person was there at a criminal offence scene. It can allow investigators to rebuild a criminal offence scene, or the blood splash patterns may show where the suspect and victim were located comparative to every other and should indicate what happened there and in what order.
Examination of Physical Evidence
The examination of physical evidence by a forensic scientist and therefore the officers is typically administered for identification or comparison purposes. Identification determines the physical or chemical identity of a substance. An examination of documents found at the scene or associated with the crime is usually a crucial part of forensic analysis. Such examination often helps to make not only the author but more importantly identify any variations that happened. Specialists also are ready to recover text from documents that were damaged accidentally or intentionally. A successful crime investigation is determined by the gathering and analysis of several kinds of evidence. Forensic scientists categorize evidence in several ways and have precise ways of handling it. Physical evidence refers to any item that comes from a non-living origin.
Examination of such evidence is often conducted by various methods like making impressions in plaster, lifting fingerprints from the objects encountered, or taking images of marks. The examination of such evidence is significant for forensic analysis. Identifying the alterations is one of the most purposes of such examination. Later, such evidence is often wont to identify and compare things, like method or technique employed by the defendant to harm the plaintiff, sort of manufacturing method want to manufacture the murder weapon or the opposite tool.
The role of physical evidence: The physical evidence present at a crime scene plays an essential role in rebuilding the events that happened during the crime. Even though the evidence doesn’t define everything that happened there during the crime, but it can support or oppose the statements and accounts given by witnesses and suspects. Information acquired by physical evidence can also generate leads on the cases and make sure the rebuilding of a criminal offence within the courts. The gathering and documentation of physical evidence is the groundwork of reconstruction on the crime scene.
History
The criminal justice system is needing increased use of physical evidence and expert testimony concerning the knowledge attained from its examination. It’s not enough for an officer to work out that a criminal offence has been committed and to easily identify and arrest a suspect. The officer must be able to form the conditions in the incident by utilizing physical evidence from the individuals involved and the crime scene to support the criminal charges. It is, therefore, obligatory upon the professional police officer to make intellectual and effective use of the crime laboratory as an investigative aid. Accordingly, with the courts placing greater emphasis on physical evidence greater than ever, the chain of custody and therefore the integrity of the evidence is being cautiously examined and sometimes challenged. The importance then of proper methods in collecting, marking, and preserving evidence cannot be overemphasized.
Laws and Acts
According to Section 3 of the Indian Evidence Act, 1872[1] evidence means and includes oral and documentary evidence. Oral evidence talks about all or any statements which the court permits to be made before it by the witness, and such evidence should be associated with the matter of fact under inquiry. Whereas documentary or written evidence talk about all the electronic records presented in the court. This definition is reflected to be a narrow definition as it doesn’t include things like a weapon, identification proceedings, local inquiry results, statements made in court, etc. or they can be summed up as material things.
While there are common principles associated with an investigation of a crime scene, native laws, rules, and regulations administer many actions of the crime scene investigation and forensic process. They relate to issues such as how to obtain authorization or to get a search warrant, to conduct the investigation, to handle evidence e.g., the type of sealing procedure required in the crime scene, and to submit physical evidence to the forensic laboratory. They eventually determine the admissibility of the evidence collected at the crime scene. Failure to obey existing laws, rules, and regulations can result in a situation where the evidence cannot be used in court. It is therefore of importance for an officer working at the scene to look carefully and remember every little detail and ensure proper compliance with these rules. If adequate laws, rules, and regulations to enable the forensic process do not exist, their establishment may be a matter of necessity.
Punishment for False Evidence
The person who gives or present false evidence in the court could get an imprisonment sentence of up to 7 years and a fine, whereas if the person has given false evidence outside the court can receive 3 years and fine. Giving false evidence is a non-cognizable offence i.e., arresting someone who gave false evidence without an arrest warrant is not possible. It is a type of bailable offence i.e., bail can be taken from the court by the person. He can claim bail as being a matter of right. It is non-compoundable means the person who has given false evidence against it the person can’t compromise with him and the case has to stay open and Section 194 to 195A of the Indian Penal Code deals with the aggravated form of offences. Aggravate form means serious form. For example, Under Section 302 of the Indian Penal Code, if someone falsely accuses a person of murder and that victim gets wrongly punished for that, it is considered an offence. There are different forms of punishment under Section 194 as when someone is convicted and when someone is convicted and executed.
International Perspective
It is a criminal offence to damage, tamper, or hide the evidence knowing that its existence can affect the jurisdiction or it is being seen by the law enforcement officers. This is also a crime under the statutes of many U.S. states. A 2004 review found that concealment, destruction, or tampering with evidence is prohibited in any form by 32 states. Evidence tampering generally refers to physical evidence and isn’t founded on false statements or the concealment of data by false statements. It falls within the extensive set of obstacles of justice-related crimes; others include destruction of state property, bribery, perjury, and escape.
In general, the features of the offence are that the person being aware of the proceeding to be in place or is going to be instituted in the future and that person takes action to change, destroy, conceal, or misplace the evidence and that the person intents to threaten the value or obtainability of the evidence to affect the procedure or results in proceeding or investigation.
Self-incrimination: In the case of Pennsylvania v. Muniz (1990)[2], the U.S. The Supreme Court distinguished physical and demeanour evidence from testimonial evidence, holding that evidence of the former does not threaten Fifth Amendment protection self-incrimination. The U.S. Court of Appeals for the Ninth Circuit had held that physical evidence includes one’s fingerprints, vocal characteristics, stride, gestures, stance, blood characteristics or handwriting.
Present Scenario
There are few methods used to support a probable sequence of events by the observation and evaluation of physical evidence, as well as statements made by those involved with the incident, one of them is referred to as reconstruction which is used in the present time. Crime-scene reconstruction relies on the combined efforts of doctors, criminalists, and enforcement personnel to recover physical evidence and to map out the events surrounding the occurrence of a criminal offence. Criminalistics is that profession and scientific discipline directed to the acknowledgement, identification, individualization, and evaluation of physical evidence by application of the natural sciences in law-science matters. The court includes all Judges and Magistrates, and all persons except the Arbitrators, who are legally authorized to take evidence.
Examples
Paint: Physical elements like colour and layers, or chemical elements like composition and available chemicals within the paint indicate its class or what sort of paint it’s auto, house, nail enamel, etc. All the individual characteristics, including features of paint chips, are often analyzed and connect the evidence to the suspect.
Ballistics: Rifling during a barrel causes distinctive marks on fired bullets. Features of firearms, ammunition, and gunshot remains are inspected to seek out matches between suspects and evidence found at a criminal offence scene. This sort of evidence requires the integrated ballistics identification system because of the database.
Dust & dirt: Such sort of evidence can specify the whereabouts of an individual who has travelled because it could also be hand-picked up at a criminal offence scene or left behind. Investigators inspect samples for pollen, plants, and other organic matter, chemical composition, to seek out and connect the links to a selected crime scene.
Fingerprints: AFIS stands for the automated fingerprint identification system there are 3 sorts of patterns: arches, loops, and whorls. Unique features also are used for identification. AFIS is that the database employed by investigators to seek out matches to latent fingerprints found at a criminal offence scene.
Hairs & fibres: They both are often transferred from a suspect to a victim and the other way around. Hairs are often examined to spot their origins, like humans or animals. Root intact hair is often tested for DNA. Fibres are wont to make clothing, carpeting, and furniture. They’ll be natural fibres or synthetic.
Skeletal remains: The explanation for death or life history are often determined by analyzing forensic anthropologists to spot remains. Sex is often determined by examining the femur and pelvis. Teeth, bone growth, and therefore the length of specific bones determine the age and structure of the person. By analyzing the skull for specific characteristics race is often determined.
Wounds: Wounds can specify the sort of weapon or tool marks on the weapon. The sort of wound talks about the form and size of the weapon. Wound analysis provides recommendations on a victim’s injuries, details about the suspect like is left-handed, right-handed, height, etc., and therefore the positions of the victim and suspect.
Body fluids: Blood, semen, saliva, sweat, and urea are all subjects to examination for providing information about the crime also as its victim or the suspect. Chemicals and UV light represent the presence and site of body fluids within the crime scene, which are swabbed, bagged, and picked up in vials.
Cases
A Capital murder Case study [3]
In 1990, the Henrico County Police Forensic Unit was sent to investigate a murder involving the sexual abuse and stabbing of a 22-year-old female. After a lengthy investigation, little or no significant evidence was discovered; the most promising evidence was a pillowcase discovered near the victim’s body, which had many bloodstains on it. One stain had some ridge detail, but it had faded to the point that even the expert’s eye could not see it. They took the pillowcase to the Henrico County Forensic Unit, where the bloodstain pattern was studied. This analyzed report found that numerous blood strains were according to a contact of a blade and fingerprint detail on it looked to possess some potential for identification. This evidence was taken to the Virginia Division of Forensic Science and processed with a comparatively new chemical almost like Ninhydrin 1, 8-Diazaflouren-9-one (DFO). The finest DFO photograph was taken to Hunter Graphic Information Systems in Charlotte, North Carolina. Handing out with image enhancement equipment was a success, and a print was obtained satisfactory for identification. In the post-mortem examination, semen was recovered from the victim’s leg. The original serological study was based on the initial perpetrator, who happened to be the victim’s next-door neighbour, and as a result of his unusual blood type, he was only found in 5% of the population. The warrant was given solely based on the serological findings. Defence lawyers successfully prosecuted the defendant for capital murder, a 22-year-old female, in April 1991, based on overwhelming forensic proof of image-enhanced fingerprint recognition inside the victim’s blood, DNA matching of liquid body substance contained on the victim’s body, and hence the knife found inside the suspect’s apartment.
Bone-in Tree – A Case Study[4]
A government employee was living in some residential quarters in the elevated land area. The region was densely forested, with some trees, and was frequently inaccessible. Someone may have noticed some human remains on the ground under a tree and reported them to the authorities. The police and forensic team went to the scene after receiving the details. According to the informer, a skull and some bones were discovered lying under the tree at one point on the ground, almost undisturbed. A long bone, a torn pant (wearing apparel), and a section of rope tied with one of its ends in a tree branch was also discovered during the search. All the objects were brought down to be examined further to extract the details they contained. During the investigation, a mobile phone was discovered in the pocket of the damaged pant. In this case, all physical evidence was obtained for further study.
The following physical evidence was detected at the crime scene for forensic examination: The skull with the long/short bones seems to be from the same individual. All of the skeletal remains were gathered together on the ground underneath the oak. One torn black pant with a tailor’s mark of ’28’ was discovered in a tree branch. One mobile phone was found in one of the black pants pockets (Make: Callbar; Model: C66; SIM-1: Standard Airtel; SIM-2: Micro Airtel) One shaving blade was found in a different pocket of the same pant. One long bone (femur, length 44.5cm) dangling from a tree branch, safe from falling. a few hairs/fibre fragments. A length of rope tied in a branch with one end tied in a noose that appears to be old and ripped (suspected to be a part of hanging material) A pair of sky-blue slippers was discovered near the tree’s base. For testing, soil from just below the skeletal remains was collected, along with control soil. The sequence of events was recorded in chronological order, with the photograph used to prove the crime theory.
The victim’s ruined pant pocket held the mobile phone, which was retrieved. Since it had been exposed to unusual conditions for such a long time, it was almost rusted and appeared destroyed. However, with proper cleaning, the SIM card was found and through software, the mobile phone number was retrieved to be provided by the Airtel service provider. To aid the investigation, the service provider (Airtel) provided a copy of the customer’s enrolment form, which included the person’s photograph and other contact information. The fact that the form included a photograph and an address aided in leading the inquiry in the right direction. The parents were contacted and visited the house based on the address. Along with the other information provided in the enrolment form, the photograph available in the form was also identified as their son. Allelic profiling was performed earlier because the unknown skeletal remains were visible, and to validate the identification, allelic profiling of the alleged parents was compared and matched beyond a reasonable doubt, establishing the identity of the deceased as their biological offspring.
Based on a trail of incidents found at an undisturbed crime scene, the crime was reconstructed. In this scenario, the victim could have climbed the tree while holding hanging stuff, leaving his slipper at the base of the tree (rope). He (victim) even took care to hide within branches to escape public attention before hanging himself. For a long time, the hanging corpse went unnoticed, eventually decomposing, resulting in the detachment of various body parts and its eventual collapse to the ground. A long bone (femur) and the victim’s pant (wearing apparel) were unable to fall due to the tree’s roots protecting them, but other bones were discovered lying under the tree. Furthermore, the disconnected portion of the rope (hanging material) found bound one end with the branch without noose was also present, implying that the body had detached from the noose over time. This is due to the rope’s gradual weakening in its ability to withstand the weight of the decomposed body, resulting in body parts detaching and lying under the tree.
Conclusion
Physical evidence is a peremptory portion of every case, as it confirms the fact whether it is in a criminal case or a civil case. The facts are used in evidence for determining and proving the disputed facts. Physical evidence attaches importance to the facts cited as evidence. Thus, different kinds of evidence are used for proving and disproving facts. Moreover, it helps in saving the time dedicated to a particular case. Thus, it can be concluded that the physical evidence acts for judicial behaviour like the reasoning acts for logic.
References:
[1] https://devgan.in/iea/section/3/
[2] 496 U.S. 582 (more)110 S.Ct. 2638
[3] N Tiller; T Tiller. Power of Physical Evidence: A Capital Murder Case Study, 135793, Journal of Forensic Identification Vol: 42 Issue: 2 Dated: (March/April 1992) Pg: 79-83, 1992.
[4] Sabyasachi Nath, Ajitesh Pal, Juthika Debbarma, H.K. Pratihari (2019) Bone in Tree – A Case Study. J Forensic Sci Criminol 7(2): 203
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