• ‘Evidence’ means to verify or indicate
something that furnishes assertions of fact or
existence of being evident
• legal parlance it can be stated as any proof of
fact or any material items that may be
submitted to a competent court as a means of
ascertaining truth of any alleged matter under
investigation before it
• S.3 of Indian Evidence Act, Evidence” means
and includes all statements which 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 and all documents including
electronic records produced for the inspection
of the Court such documents are called
documentary evidence
• Direct Evidence – includes first hand
observations – eyewitness/CCTV footage
Confessions are considered as direct evidence
• Circumstantial Evidence – indirect evidence –
implies a fact and one which is not directly
proved - provides link between crime scene
and a suspect - finding suspects gun or any
material - Trace evidence is form of
circumstantial evidence
• Circumstantial evidence can be either physical
or biological in nature.
• Class evidence: - narrows downs an identity to
a group of persons or things.
• Individual evidence: - narrows downs identity
to a single person or thing – finger print
FORMS OF EVIDENCE
• comprises are - Physical, Chemical, Biological,
Photographic, Psychological and Digital
• encompasses any and all objects that can
establish that a crime has been committed
and link suspects and victims to crime scene
• would be impossible to list and collect all
objects at crime scene
• investigator has to conceive selectivity
through knowledge, techniques, capabilities
and limitations which would likely to yield
significant results in ascertaining nature and
circumstances of crime
• includes wide variety such as blood,
documents, explosives, impression such as
finger prints, foot prints, shoe prints, tyre
impressions and tools marks and also includes
fibers, weapon bullets, shell casting and
evidences such as hair, paint, soils minerals,
and vegetative matter
CHEMICAL EVIDENCE
• can be any chemical composition or any
residue of chemical reaction generated as part
of a crime and recovered at scene or related
locations - form of a solid, liquid, mixture, or
gas
CHEMICAL EVIDENCE
• Solid – poisons, drugs, soils, minerals,
explosive residues, gunshot residues, cement,
trace materials
• Liquids – acids, gasoline, body fluids,
beverages, drugs, medications poisons
• Gases – natural gases, refrigerated gases,
butane, propane, tear gases propellants
CHEMICAL EVIDENCE
• modern experts use wide array of methods
and instruments to collect and detect various
types and state of chemicals substances found
at a crime scene
CHEMICAL EVIDENCE
• with proper handling and preservation,
chemical evidence is able to optimize its value
in providing objective and reliable information
about the crime
BIOLOGICAL EVIDENCE
• comprise of broad category of evidences
• classified based on nature of evidence
• various sources of biological evidence are
human, animals, plants and of broad category
which includes blood and blood stains, semen
and seminal stains, saliva, urine, tissues and
cells, bones and organs, hair, teeth, fecal and
fecal stains, stomach contents, sweat
BIOLOGICAL EVIDENCE
• each type of biological evidence has a unique
importance and its own probative value
• proves that crime has occurred and chain of
events that led to crime
• is extremely important in cases of sexual
assault and violent crimes- sometimes only
way to prove occurrence of sexual contact and
to identify perpetrator
BIOLOGICAL EVIDENCE
• is photographed or collected from crime scene
and sent to the laboratory for investigation
• has particular significance since DNA analysis
can be conducted in many instances.
Investigation of biological items can produce
very compelling evidence
• analysis can contribute to reconstruction of
events in some cases
BIOLOGICAL EVIDENCE
• amount of evidentiary value is typically in
inverse proportion to duration and intensity of
exposure as biological evidence is subject to
degradation from environmental factors
PHOTOGRAPHIC EVIDENCE
• application of photographic evidence within
forensic science and judicial system has been
in practice since birth of photography itself
• means high quality, clear, precise and accurate
photographic proof which provides vital
information about crime scene and locations
of evidence
PHOTOGRAPHIC EVIDENCE
• comprises of original images captured by a
forensic photographer at crime scene which
indicate crucial information of about crime
and physical evidence in order to provide a
permanent record for courts
PHOTOGRAPHIC EVIDENCE
• is determined by each photo’s relevancy,
accuracy, authenticity and originality
PHOTOGRAPHIC EVIDENCE
• is exposure from every angle, eliminating
probable distance distortions for clear
visualization
PHOTOGRAPHIC EVIDENCE
• proves nexus between various physical
evidence of crime scene
• is explanatory enabling courts to better
understand testimony of witnesses
• Forensic photography is a specialty and has
always played an important part in forensic
investigation as it captures physical evidence
and link crime, criminal and victim
PSYCHOLOGICAL EVIDENCE
• refers to anything regarding suspect's mental
state that proves they committed crime
• often relies on memory
• encoding process asserts that cues enhance
retrieval of memory traces, particularly if
those cues are connected with the retrieved
information
PSYCHOLOGICAL EVIDENCE
• includes mental state of the suspect, written
and spoken analysis, testimonies, medical
reports, diagnostics on psychological or
psychiatric matters and expert witnesses such
psychologist, psychiatrist, or therapist
• digital devices surround our world helping
people to communicate locally and globally
with ease.
• is expressed as series of the digits 0 and 1
typically represented by values of a physical
quantity such voltage or magnetic polarization
representing data a series of numerical value
• is defined as information and data of value to
investigate that is stored on, received or
transmitted by an electronic device
• encompasses any sort of digital file from an
electronic device
• includes e-mail, text messages, instant
messages, file and documents extracted from
hard drives, electronic transactions, audio files
and video files
• or electronic evidence is data or information
that exits in digital format or information that
can prove or reveal the truth about a crime
and can be relied upon and used in court of
law
• is commonly associated with electronic crime
or e-crime
• suspects e-mail or mobile phone could reveal
critical evidence regarding suspects intent,
their whereabouts at time of crime and their
relationship with other suspects
• is information stored or transmitted in binary
form that is received in court
• when a person comes in contact with each
other or with object a cross transfer of
physical evidence/s does occur
• transferred material/s is termed as “trace
evidence”
• are minute samples of a substance found at
crime scene that can help to establish decisive
link between a suspect and a victim, identify
or link a suspect to a crime, to reconstruct
crimes and to describe things involved
• often refers to minute samples of a substance
• detection, identification, search, collection
and preservation of trace evidence/s are of
great significance to forensic investigation and
successfully solving crime
• analysis is done using specific scientific
instrumentation and methodologies
• collected from crime scenes includes
Ammunitions, Blood, Explosives, Fibers,
Fabrics, Paints, Glass, Hairs, Fingerprints,
Footwear, Tire Impressions, Soil
IDENTIFICATION AND EXAMINATION
OF TRACE EVIDENCE
• Trace evidences are unique to crime scene
• Their identification and examination not only
enable to investigate crimes but to identify
perpetrators and victims.
• Identification and examination of trace
evidence involves application of various
instrumentation and techniques
• is a characteristic shared by all mammals and
its main purpose is regulate body temperature
• is an appendage of skin that grows out of an
organ known as the hair follicle
• follicle is a club shaped structure in skin
• extends and continues into shaft and it
terminates at a tip end
• shaft is composed of protein keratin, which
make hair both strong and flexible
• shaft comprises of three layers – the cuticle,
cortex and medulla
• Cuticle - transparent outer layer of hair shaft
• Cortex - largest part of the hair shaft-melanin
• Medulla - core or central canal runs through
hair - vary - continuous, interrupted,
fragmented
Types of Hair
• vary in shape, length, diameter, texture ,colour
• colour varies depending distribution pigment
granules and on hair dyes that might have
been used
• these characteristics can be used for
identification or exclusion in forensic
investigation
• human being hair varies from person to
person
• even hair varies from region to region on body
of same person
Collection and Preservation of
Hair Evidence
• hair has tough outer coating, it does not easily
decompose
• investigators collect hair by plucking, shaking
and scrapping surfaces
• collected by trace tapes placing over surface
• suspected area large they can be vacuumed
• samples of hair are collected from six major
body regions of victims or suspects
Collection and Preservation of
Hair Evidence
• hair sample so collected must be placed into a
clean piece of paper and packed properly for
submission to laboratory
Forensic Investigation of Hair
• study of human hair - trichology
• hairs provide investigators with valuable
information for potential leads
• hair is encountered as physical evidence in
wide variety of crimes
Forensic Investigation of Hair
• Human hairs are determined by racial origin
such as Caucasian (European origin), Negroid
(African origin), and Mongoloid (Asian origin)
• In some instances, racial characteristics
exhibited are distinct, indicating hair may be
of mixed-racial origin
Forensic Investigation of Hair
• distinctive properties - colour, structure or
morphology still remains most characteristic
forensic feature
Forensic Investigation of Hair
• group or class of people can be identified who
share a certain type of hair
• on basis of hair ancestry can be distinguished
• initial analysis is performed using a low power
compound microscope to determine whether
hair is human or animal
• hair once determined studied both
microscopically and macroscopically
Forensic Investigation of Hair
• microscopic characteristics include pattern of
medulla pigmentation of cortex and types of
scales on cuticle while length, colour and
curliness are macroscopic characteristics
• microscopic hair examination can also
determine if a hair was forcibly removed,
artificially treated or diseased
Forensic Investigation of Hair
• comparison microscope is used to view a
known hair sample and an unknown sample
side by side to see if they share similar
characteristics and could have come from
same source
• phase contrast microscope hair analysis is
useful for observing fine details in hair
structure
Forensic Investigation of Hair
• chemical hair analysis provides useful
information regarding drug addiction history
or drug toxicity
• hair follicle can provide DNA for sequencing
Forensic Investigation of Hair
• Neutron Activation Analysis - identity up to
twenty-nine different elements such as
antimony argon, bromine, copper, gold,
manganese, silver, sodium and zinc
• if two hair specimens match in relative
concentrations of eight to ten of these
elements, probability that these hairs
originated from a single person approaches
100 percent
FABRICS
• fiber is a natural or synthetic filament spun
into yarn made into fabric
• fabric is network fibers which may be natural
or synthetic
COLLECTION AND
PRESERVATION OF FIBERS
• fabrics fractures into fibers and fibers are
forms of trace evidence
• fibers are collected from suspects clothing, at
crime scene or from victims
• fibers are collected by forceps, or shaking
objects or items or by vacuum lifting or by tap
lifting
• fiber’s clinging must be brushed off
COLLECTION AND
PRESERVATION OF FIBERS
• fibers to be preserved in folded paper bindles
before placing in outer packaging
• fibers should be separately packed to prevent
cross-contamination
FORENSIC INVESTIGATION
OF FIBERS
• each type of fabrics has own characteristics
morphological examination such as design,
structure, pigmentation and composition can
facilitate in reaching conclusion.
• fibers collected from crime scene are
examined based on different factors such as
general size, shape, length, thickness, type,
texture, weave, knit, twist, colour, strength,
pitting etc
FORENSIC INVESTIGATION
OF FIBERS
• fibers are mostly examined under microscope
• Stereomicroscope is used to examine cuts, striations,
colour, thickness, and general shapes within the fiber
• After initial examination of the fibers, the fibers are
to be examined by a comparison microscope which
enable to observe two samples simultaneously
• Comparisons are incredibly important for attaining
accurate evidence, since they can link fibers found on
a suspect to those found at the scene of a crime
FORENSIC INVESTIGATION
OF FIBERS
• microspectrophotometers are used to analyze
pigments, dyes and substrate materials of
textile fibers
• A sample of blue jean material from different
manufacturers may have differences that are
not able to be seen with naked eye
• Microspetrophotometry utilizes light in
ultraviolet-visible range to analyze fine
differences in colour variation
FORENSIC INVESTIGATION
OF FIBERS
• polarized light microscopy enables to compare
colour and three-dimensional structures of a
substance such as shape and thickness.
• Fourier transform infrared used to identify
unknown substances
• fabric impression patterns may also be
observed on surfaces with which fabric came
into contact
PAINTS
• coloured substance applied over surface
building, vehicles, equipment’s, millions
objects which dry to leave a thin decorative or
protective coating
• viscous, opaque white or coloured liquid
mixture when dried forms into hard film
• hard film consists pigment suspended in
binder
• Colour due presence pigments which mixture
different organic and inorganic compounds
• Paint specimens possess coloured layers-
uniqueness each layer with respect colour
texture as well as frequency with the
particular combination of colour is observed
Collection and Preservation of
Paint Evidence
• recovered from chips, smears or intact paints
• chips-old paints, smears-fresh paints or due to
changing effect of old paint intact adhering
collected small vails or cardboard containers
• paint evidence found clothing-not removed-
entirely packed-small objects-along objects
• case of accident - paint should be collected on
a clean piece of paper which must be placed
in a suitable container
Forensic Investigation of Paint
• comparison method-questioned and known
specimens are compared side by side under a
stereoscopic microscope for colour, surface,
texture and colour layered sequence
• automobile finishes can be categories as
Acrylic Lacquer, Acrylic Enamels, and Alkyd
Enamels - hundreds of varieties
• pyrolysis gas chromatography technique
Forensic Investigation of Paint
• inorganic pigments of paints can be identified
by emission spectroscopy
• Infrared spectrograph analytical technique
provides the analyst with information about
the binder and pigment composition of paint
• upper most crust earth consisting mixture of
organic remains, clay, minerals, rock particles
• natural resource categorized with different soil
types, each with distinct characteristics that
provide information pertaining to formation,
morphology, classification, composition,
colour, consistency, density, texture, structure,
physical properties, chemical properties,
usages, degradation
• unique properties enabling identification to
origin soil based on chemical, biological, and
physical properties, including different colors,
minerals, particle size and shape, geology, and
different combinations soil evidence can
effectively be used for criminal investigation
Collection and Preservation of Soil
Evidence
• requires special procedure-collect samples as
early as possible
• quantity of soil specimens collected several
locations for a through comparative analysis
Collection and Preservation of Soil
Evidence
• sketch CS - note, along photography soil
specimens collected, label evidence
containers
• specimens collected, packed individually in
containers plastic viles, marked indicate
location, transmitted to the laboratory
• soil found suspect carefully preserved analysis
• collect additional soil samples four compasses
• another set of sample 20 to 25 feet from
crime scene
FORENSIC INVESTIGATION OF SOIL
• colour comparison- all samples are dried
under identical laboratory conditions
• identified and compared by studies using
density columns, moisture, content, and
chemical testing for mineral content
• Microscopic-presence of plants and animals
material as well as man-made debris
• High power microscopic-minerals and rocks
FORENSIC INVESTIGATION OF SOIL
• density gradient tube technique enables to
compare soil specimens
• X-ray diffraction technique produces a pattern
on film-which compares pattern produced by
samples taken from a suspect to those taken
from a specific location
• ultimate forensic value of soil evidence
depends on its variation at the crime scene
• non-crystalline, amorphous solid material
formed fusion of silica, sodium carbonate and
calcium carbonate under extreme heat
• based composition – oxide glasses – non oxide
glasses
• colour due – metal oxides, sulfides or other
compounds mixed to molten glass
• ingredients in glass composition play major
role in application and classification of glasses
• classified as Soda-lime glass, Potash-lime glass
and Potash-lead glass - Borosilicate Glass
• other types – colour glass, tempered glass,
windshield glass, laminated glass, bullet proof
COLLECTION AND
PRESERVATION OF GLASS
• glass fragments, broken glass pieces, and
other glass objects frequently encountered in
various crimes, robberies, murders, hit-and-
run cases
COLLECTION AND
PRESERVATION OF GLASS
• scene of crime, scene of accident,
footwear/shoes and clothing of victim could
be probable source of glass fragments
• collect fragments around place and samples
from an area near point of impact
• collected by forceps and/ or gloves to protect
from any cut by sharp glass fragments
COLLECTION AND
PRESERVATION OF GLASS
• glass should be placed in a sealed paper bindle
and packed in a sized container depending on
size ensuring that glass fragments will not
rupture packaging - label Do not use glass
containers
• different types of glass are often found such as
window glass, headlights or bottles - such case
be each of them to be packed separately and
label accurately
COLLECTION AND
PRESERVATION OF GLASS
• microscopic size fragments need to be
wrapped in clothing and placed in a container
• If glass is collected for determining direction
of impact of a bullet or other fracture analysis,
label which side of glass was on the outside of
the window and which side was on the inside
FORENSIC INVESTIGATION OF
GLASS
• encountered as glass fragments and glass
fracture as evidence in investigation of various
types of offences
• glass panes can be examined by microanalysis
to determine the direction of force, type of
impact, and the sequence of the impacts
FORENSIC INVESTIGATION OF
GLASS
• comparative analysis enables to comprehend
glass origin, measurements relating to physical
match, refractive index, density and elemental
analysis
• Physical match may eliminate glass fragments
from having originated from a different source
COLLECTION AND
PRESERVATION OF GLASS
• Refractive index determined using immersion
methods as well as automated methods
• Immersion methods involve the use of liquids
with known refractive indices where the glass
fragments are immersed in the liquids (oils), to
determine the Becke line
• (The Becke line test is a technique in optical
mineralogy that helps determine the relative
refractive index of two materials.)
FORENSIC INVESTIGATION OF
GLASS
• Automated methods entail a camera and
computer which make measurements of glass
fragments in varying temperatures
• density of a glass fragment can be determined
using a density meter
• density of a glass fragment will depend on the
group characteristics and composition - used
to determine whether two glass fragments
more likely originated from a different source
FORENSIC INVESTIGATION OF
GLASS
• Elemental analysis determines elemental
composition of glass fragments - includes
scanning electron microscopy-x-ray
spectroscopy, x-ray fluorescence spectroscopy,
mass spectrometry, optical emission
spectroscopy and inductively coupled plasma
methods
• Properties such as colour, thickness and
curvature basically enable to identify different
samples of glass
FORENSIC INVESTIGATION OF
GLASS
• Stereomicroscope is used to examine colour,
fracture, patterns, scratches, striations.
• non-optical physical properties include
surface, curvatures, texture, special treatment
– (curved piece cannot match the flat piece –
not associated)
• surface striations and marking found might be
useful as a means of individualization
FORENSIC INVESTIGATION OF
GLASS
• surface contaminants would include presence
of impurities such as dust, paints etc
• Thickness can be measured to a high degree
accuracy with micrometer
• Thickness is not constant particularly in curved
piece of glass. Thickness proves whether it is
from same source or different.
FORENSIC INVESTIGATION OF
GLASS
• Hardness refers to number of scales and Mohs
scale indicate substance hardness relative to
other substance
Forensic Investigation of Glass
Glass fracture:
•When a force exceeds glass elasticity it causes
glass fractures
•glass fracture often reveals information about
the force, direction and angle of an impact
•glass fracture investigations can provide
information as to the direction of the breaking
force and the sequence of multiple impacts
PATTERN OF GLASS
FRACTURE
• Radial Fracture:
• When projectile or stone strikes the glass, it
produces a fracture of lines that spreads
outwards from the point of impact which
radiates outwards like a spoke of wheel
• Radial fractures occur first on side opposite
the force
PATTERN OF GLASS
FRACTURE
• Concentric Fracture:
Concentric fracture occurs after radial fracture
on same side of force as broken circles around
the point of impact
This fracture connects with the adjacent radial
fracture and occur on the same side as force
PATTERN OF GLASS
FRACTURE
• Cone Fracture:
• Cone fracture is formed when a high velocity
projectile object such as bullet penetrates the
glass which exceeds its elasticity limit
• round hollow shaped hole surrounded by
radial and concentric fractures is usually
formed
• hole actually determines side of impact as it is
wider on exit side Contd
PATTERN OF GLASS
FRACTURE
• direction of cone depends upon speed on
propagation of projectile.
• If a projectile propagates in a perpendicular
manner the hole is symmetrical
• In case of high velocity projectile, a small hole
with minimum shedding around
circumference
• In case of slow moving projective the hole is
more irregular with more shedding
PATTERN OF GLASS
FRACTURE
• If velocity of projective is reduced
considerable due to intermediate target, then
glass may show evidence of tension
propagated fracture with no hollow/hole
formation
PATTERN OF GLASS
FRACTURE
• Rib Fracture:
• edges of broken piece of glass bears a number
of curved lines termed as stress lines - These
stress lines are curve to one side of glass and
perpendicular to other side.
• Heckle marks:
These are small irregular lines that are appeared
on the edges of the broken glass
They appear perpendicular to rib marks
Blood
• circulating tissue-comprises of RBC’s, WBC’s
and platelets
• red colour-presence of iron hemoglobin
Collection and Processing of Blood
Stains
• initially confirm evidence blood- Kastle Meyer
test
• Ascertained whether the blood is human
blood – Test – ELISA (Enzyme Linked Immuno
Sorbant Assay)
• blood group -antigen-antibody reactions –
bodies do not match- exclude
• Depending circumstances DNA analysis done
Forensic Investigation of Blood
• Analysis blood-examining blood and studying
blood spatter patterns
• combination of specific blood and enzyme
type can narrow the possible source of blood
sample to a fairly small group of individuals
• Blood group may class evidence because more
than one person has same group of blood
• DNA profiling-blood matches blood suspect or
victim
Forensic Investigation of Blood
• Blood spatter-wound is inflicted and blood
leaves the body
Forensic Investigation of Blood
• Blood spatter evidence-create crime scene
validate information provided witness or
suspect
• using blood spatter possible note direction
from which blood originated, the angle of
impact and the point of origin of blood
Forensic Investigation of Blood
• Perpetrators attempt to erase blood evidence
by cleaning the area
• tests to locate and identify blood at crime
scene which include visualization with Luminol
and identification with Kastle Meyer test
• Leuomalachite green chemical undergoes a
colour change producing blue-green colour
indicating presence of blood but cannot
confirm whether animal or human.
Body Fluids
• Body fluids-other than blood include semen,
saliva, urine-body fluid stains are invisible
• Semen-organic fluid that is secreted by gonads
of male reproductive organ which carries
sperms or spermatozoa
• contains millions of spermatozoa per milliliter
• parts of a spermatozoon – head, neck and tail
• rape and other sexual crimes identification of
seminal fluid is a paramount
Forensic Investigation of Semen
• rape victim vaginal swabs are collected
• Microscopic-presence of spermatozoa in stain
• Seminal stains identified using ultraviolet light
due to their fluorescence-reflects bluish white
fluorescence
• Crystal test-detection of choline and spermine
• Acid Phosphatase test to identify seminal
stains
• Acid Phosphatase enzyme present in seminal
fluid in concentration
Forensic Investigation of Semen
• extracted body fluid of suspect stain is treated
with an acid solution of alpha naphthyl
phosphate followed by Fast Blue B dye
• appearance intense purpose colour determine
presence of Acid Phosphatase enzyme
• Semenogelin used to detect semen using
immunochromatographic tests
Forensic Investigation of Semen
• Immune value test is performed when an
individual has undergone vasectomy operation
or shows no sperms at all in his seminal fluid
Body Fluids
• Saliva-watery substance formed in mouth
secreted by the salivary glands-contains an
enzyme amylase-
• detected CS along with bite marks or lip prints
where the oral cavity may have been involved
• analysis saliva proved wide use crime
detection, drug, alcohol abuse, hormone
identification, cases of poisoning and animal
bites
Forensic Investigation of Saliva
• Phadebas test-enzyme amylase
• Rapid Stain Identification (RSID) test detection
of saliva
• presence of human saliva on victim as part of
its proof that an assault-seen in sexual assault
cases
Body Fluids
• Urine: byproduct of metabolism expelled
kidney and flows through ureters urinary
bladder from which it is excreted from body
through urethra during urination
• chemicals excreted detected and analyzed by
urine analysis
• three main nitrogenous waste of mammalian
body is urea, uric acid and creatinine
Body Fluids
• colour of urine varies appearance depending
principally upon a body level of hydration as
well as other factors
• stain which gives yellow Florence can be
located by ultraviolent rays
• very rarely involved in crime scene
FORENSIC EVIDENCE
• refers to evidence collected from crime
through scientific methods and analysis by
forensic expert through scientific methods
in laboratory which is presented in court to
form a legal decision to determine guilty or
innocence of the suspect
FORENSIC EXPERTS
• present trend reveals that there is rise in
complex scientific and technical issues in legal
cases and as courts may lack technically
complicated and professionally sophisticated
scientific knowledge
• court requires a clear standard expertise
pertinent such issues
• to overcome such technical gap court seeks
expert’s evidence
FORENSIC EXPERTS
• person who is qualified to provide such
specialized opinion in court proceedings is
stated as expert’s evidence
• is a professional who testifies or gives forensic
related opinions in court by virtue of
specialized knowledge on account of scientific,
technical, specialized training, or experience
that forensic expert possesses
FORENSIC EXPERTS
• is related to a professional or scientific issue
based on specialization, skills, training or
experience that imparts the competency to
form an opinion associated with that subject
area enabling the court in a decision or
judgement
ADMISSIBILITY OF FORENSIC
EXPERTS EVIDENCE
• to be admissible as expert evidence, valuation
needed to satisfy provisions of Act and that
dispute can’t be resolved without expert
opinion and person expressing is of specialized
knowledge and person expressing opinion is
really an expert
ADMISSIBILITY OF FORENSIC
EXPERTS EVIDENCE
• S. 45 to 51 U/ Chapter-II of IEA provide
relevancy of opinion of third persons, which is
commonly called as expert’s opinion.
• S. 45 of IEA, an ‘Expert’ means a person who
has special knowledge, skill or experience in
any of the following:
• foreign law, science, art, handwriting or finger
impression
ADMISSIBILITY OF FORENSIC
EXPERTS EVIDENCE
• invention of computer has revolutionized
electronic commerce and communication
technologies
• growth of electronic media has also created
new fields of criminality. Section 45 A was
inserted which relates to Opinion of Examiner
of Electronic Evidence.
ADMISSIBILITY OF FORENSIC
EXPERTS EVIDENCE
• IEA does not prescribe specific qualification
for an expert
• only guidance given in section 45 of Act, is
that he should be a person 'specially skilled'
on the matter
• all forensic reports or opinion of experts or
opinion of third party when relevant, are
admissible under S.45 IEA
ADMISSIBILITY OF FORENSIC
EXPERTS EVIDENCE
• while admitting evidence Judge has to ensure
that forensic expert possesses necessary
qualification
• In view of language of S. 45 of IEA, that
before a person can be characterized as a
forensic expert, there must be some material
on record to show that he is skilled in that
particular science and is possessed of
particular knowledge concerning same
ADMISSIBILITY OF FORENSIC
EXPERTS EVIDENCE
• evidence of forensic expert is not admissible
unless expert gives reasons for forming
opinion and evidence is tested by cross-
examination by adverse party.
• Forensic expert opinion becomes admissible
only when expert is examined as a witness in
court - His evidence on such points is
admissible to enable court to come to a
satisfactory conclusion
ADMISSIBILITY OF FORENSIC
EXPERTS EVIDENCE
• evidence of expert should be based on own
observation and findings and not on hearsay.
• In Anara Gupta's case, help of forensic expert
was taken for purpose of detection of forgery
of video compact disk with forensic lab tests in
pornographic CD case turning negative