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Unit 2

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0% found this document useful (0 votes)
78 views109 pages

Unit 2

Uploaded by

Midhuna Biju
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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UNIT 2

DOCUMENTS
SYLLABUS
• Scientific examination of documents- signatures and handwritings-
• Forensic ballistics- finger printing/DNA printing –
• blood and body fluids-hair-
• rights of the accused- case laws
PHYSICAL EVIDENCE AND CRIME SCENE
PROCESSING
• Evidence- Anything that tends to prove or disprove a point under
investigation/ consideration.
• Physical evidence- which has physical/ material quality-
-tangible article
-microscopic or macroscopic
- Living or inanimate
- Solid, liquid or gas
• Physical evidence also called as MATERIAL EVIDENCE,
OBJECTIVE EVIDENCE, CIRCUMSTANTIAL EVIDENCE,
INDIRECT EVIDENCE
• Can include man- made/ machine made and naturally occurring
substances.
PURPOSE OF PHYSICAL EVIDENCE IN
CRIME INVESTIGATION
1. INFORMATION ON CORPUS DELICTI- ‘body of the crime’-
essential facts that the crime has taken place.
2. INFORMATION ON MODUS OPERANDI- to find out the
characteristics way of committing a crime by a criminal.
3. LINKING A SUSPECT WITH A VICTIM- blood, cloth, hairs,
clothing fibre, cosmetics and other items from the victim to
the perpetrator and vice-versa.
4. LINKING A PERSON TO A CRIME SCENE- fingerprints,
footprints, blood, hair, soil, carpet fibres etc.
5. DISPROVING OR SUPPORTING A WTNESS’S TESTIMONY-
analysis can indicate conclusively whether a person’s version of a
set of events is credible or whether an alibi is put forth for
convincing.
6. IDENTIFICATION OF A SUSPECT- best evidence for identifying
is his palm prints, blood, semen, saliva, skin tissues, DNA finger
printing examination. IDENTIFYING SINGLE UNIQUE SOURCE
7. PROVIDING INVESTIGATIVE LEADS- clues
8. IDENTIFICATION OF A SUBSTANCE- through examination of a
piece of physical evidence presence of substance can identified.
9. CRIME SCENE RECONSTRUCTION-
TRANSIENT EVIDENCE- odour, temperature (car engine, fire
debris etc), imprints, marks, stains, Pattern evidence- bloodstain
pattern, skid mark pattern, gunshot residue pattern, glass fracture
pattern, projectile trajectory patter etc.
CONDITIONAL EVIDENCE- light, smoke, fire, water, piled up
newspaper etc
Would help in reconstruction of the events surrounding the crime
scene.
SOURCES OF PHYSICAL EVIDENCE
• PRIMARY SOURCE- crime scene
• SOURCES FROM MULTIPLE CRIME SCENE and PHYSICAL
EVIDENCE CARRIED TO OTHER PLACES

• VICTIM, SUSPECT, WITNESSES

• METHODOLOGY- depend on case and the scene, look for


clues and evidence about what happened in the crime.
• RECOGNIZING, RECORDING, COLLECTING, MARKING,
PACKAGING AND PRESERVING EVIDENCE- ESSENTIAL DUTY
OF IO

• When the evidence is of COMMON NATURE- i.e. not hidden and


easily collectable without expert opinion , the IO will have to collect
all.
• For other kinds of evidence the IO should take assistance of
CLUES (CRIME LABORATORY ULTIMATE EVIDENCE SYSTEM)
team or Medico- legal experts, as few such evidence (fragile,
hidden) requires scientific procedure for locating and packing.
SCENE OF CRIME
1. LINE OF APPROACH
2. POINT OF ENTRY
3. ACTUAL SCENE
4. POINT OF EXIT
5. LINE OF RETREAT
CRIME SCENE PROCESSING
• Importance of protection and preservation of crime scene.
• It helps in finding clues, leads and evidence.
• Improperly secured and unprotected crime scene may lead to
loss, destruction and contamination pf evidence.
• CAN NEVER BE RETRIEVED ALSO.
PROTECTION OF CRIME SCENE
• SETTING BARRICADES/TAPES
• SECURE THE PLACE- FROM?
1. First priority- medical aid to the injured.
2. Cordon off the scene
3. Identify and retain the person who informed the police , note
his address and contact no.
4. Persons who are likely to provide information should be
segregated and information must be collected, Eyewitness
should be requested to stay .
5. No physical evidence should be disturbed from its original
position without marking.
Jewellery, money, keys which has evidentiary value and
vulnerable to theft should be removed and preserved after
seizure list is drafted.
6. During preliminary investigation – minute objects like
cigarette butts, match box etc and nothing should be touched as
to interfere to finger prints.
7. All physical evidence should be lifted after recording and
thoroughly searching
8. Seek help from CLUES team.
PRESERVATION OF EVIDENCE
• Steps should be taken to preserve the evidences collected.
• Chances of EVAPORATION, DECOMPOSITION, PUTREFIED,
DEGENERATED , CHEMICAL OR BIOLOGICAL CHANGES
with time and other environmental factors.

• SUITABLE MATERIALS SHOULD BE USED TO CARRY THE


EVIDENCE (refer unit 1 slides)
RECORDING OF THE CRIME SCENE

PHOTOGRAPHY
VIDEOGRAPHY
AUDIO TAPE RECORDING
SKETCHING THE CRIME SCENE
CRIME SCENE OBSERVATION NOTES
WHAT IS RECORDING OF THE CRIME
SCENE
- LIMITED TIME
- The JUDICIARY and DEFENCE COUNSEL needs convincing
evidence to substantiate the conditions and circumstances
reported at the time of the crime.
- VISUAL PRESENTATIONS are necessary for various
EVIDENTIARY ITEMS, WITNESSES and INTER-
RELATIONSHIP
PHOTOGRAPHY
- Gives a permanent record of the crime scene.
- Helps in reconstruction
- To descript the method by which the crime was committed.
- BEST METHOD
1. Method of RECORDING and STORING information more
ACCURATELY , MUCH LONGER
2. Evidence of transient and perishable nature can be recorded.
3. Evidence not normally perceivable by human eye can be arrived.
4. Vital and crucial facts can be illustrated two dimensionally.
DIGITAL PHOTOGRAPHIC CAMERA- used by CLUES team
facilitate quick reviews and recall of photographs on screen, easy
transfer to FSL, any other location.
Thus, IO should prepare to capture photos through digital camera.

As per SECTION 9 , INDIAN EVIDENCE ACT, photographic


evidence is admissible to explain or introduce a fact.
To ensure the truthfulness of the picture, it should be:
1. Relevant and material to the case.
2. Faithful and truthful reproduction of facts, events, evidence etc.
3. Free from distortion with correct tones, perspectives, positions,
interrelationships
4. Should not be of nature that arouses undue prejudice or
sympathy
HOW PHOTOGRAPHY SHOULD BE TAKEN
• As crime scene is subjected to limited time, with no scope of
trial and error, care should be applied while taking stiff photos
and videography
1.Crime scene should be kept undisturbed.
2. Working condition of camera, lens, flash, batteries, film should
be checked before use.
The recording medium should be appropriate for the lighting
conditions, and medium used to store the photographs including
floppy, CD-R, TAPE etc. should be also appropriate.
3. All the area should be inspected, and the shots required should be
planned.
4. Planning the shots- ensure that enough overlapping shots are
included to sequentialize the scene.
5. Sufficient number of shots should be taken to give an overall
perspective of the place of occurrence, approach to the place, entry
and access and exit points.
6. Indoors and outdoor enough over lapping shots and close-up shots
should be taken to bring inter-relationship to capture minute details.
BETTER to take 3 VIEWS- OVER ALL VIEW, MID- RANGE VIEW,
CLOSE- UP VIEW
7. All photography should be taken at eye level. Depending on the
crime scene aerial view and below normal view can be taken
• Fingerprints, footprints whatever prints lefts should be captured
from close distance.
• A scale or foot rule should be placed beside evidentiary items such
as FOOT PRINTS, KNIFE, INJURIES, CUT MARKS, etc to indicate
the actual size in the enlarged photograph.
• Include separate numbered cards or plates for each evidentiary
items to ensure proper identification at a larger stage.
• After unloading the film and any other recording medium, it should
be properly labelled, with details of place, event, police station, date,
case number so on.
THE OBSERVATION NOTES SHOULD COVER THE
FOLLOWING POINTS:
1. Name of the photographer and the address.
2. Date and Time each photograph was taken.
3. Distance maintained between lens and the object and the
direction.
4. Technical information – camera type, focal length of the lens,
speed of the lens, effective apperture, shutter speed, film
speed, type of flash etc.
Similar information required for DIGITAL, STILL AND VIDEO
CAMERAS.
5. Special techniques such as OBLIQUE LIGHT, FLOOD LAMPS,
FLASHLIGHT, UV LIGHT, POLILIGHT, FILTERS etc. if used
should be noted against each shot.
6. Light and weather conditions in cases of outdoor shoots.
VIDEOGRAPHY AND AUDIO TAPE
RECORDING
• In certain crimes like ARSON, videography provides overall view of
the scene and allows investigators who could not be present at the
scene to visualise important pieces of evidence and its relationship.
• Videotaping is used to supplement information collected from
recorded procedures- PHOTOGRAPHY, DIGITAL PHOTOGRAPHY,
SKETCHING , OBSERVATION NOTES ETC.
• USEFUL FOR:
- Reconstruction of event,
- Freeze- frame capabilities- replay, study of a particular scene
- Helps in locating minute pieces of evidence
• E.G.
In a BURGLARY CASE- videography should start from
ACTUAL/SUSPECTED POINT OF ENTRY,
COVER THE SCENE CRIME
THE POINT OF EXIT
LINE OF RETREAT

- All important points can be focused through a zoom lens, should be


covered in all angles.
- Voice recording can be used to give directions and descriptions
- Serves as a convincing proof in court of law.
SKETCHING THE CRIME SCENE
• After the scene is photographed, it should be sketched to
provide MEASUREMENTS indicating the RELATIVE
DISTANCE and POSITION of various items of evidence and
their inter-relationships.
• Sketch- First Visual Record of the condition of the crime scene.
• Useful in investigation, interrogation of witnesses, presenting
information to court.
• Sketch complements PHOTOGRAPS and NOTES in the crime
scene
The ultimate purpose of sketch drawn as per SCALE and PLAN,
known as CRIME SCENE PLANNING, is to represent the facts of the
crime with such clarity and precision that the crime itself can be
reconstructed.

Courts rely on the sketches


ALL SKETCHES SHOULD COVER THE
FOLLOWING:
• Indoor scene-
Size of the window, room,
• Outdoor scene-
Area dimension with reference to fixed objects like trees, electric or
telephone poles, lamp posts or any other landmarks.
Approach to the crime scene – roadway, streets, bylanes, pathways and so
on should be drawn to facilitate reconstruction.
The orientation of the scene should be according to magnetic north.
The apparently visible items should be indicated by accurate measurements
from atleast two fixed points.
The position of eye- witness and accused , placed should indicate stains,
footprints, tyre or drag marks, other objects of victim or accused.
INFORMATION TO BE MENTIONED ON
THE SKETCH- MUST
• 1. The investigator’s full name, rank and address.
• 2. Crime number, section of law, police station and district.
• 3. Address of the crime scene, position in a building, landmarks,
compass directions.
• Visible items of physical evidence and critical features of the
crime scene. Lengend to the symbols may be used to identify
objects or points.
Rough sketch once drawn cannot be altered.
Smooth/ fair sketch should be prepared on the basis of rough
sketch.
The Smooth Sketch known as CRIME SCENE PLAN DRAWING
is prepared by convenient scale and plan from the detail of rough
sketch.
Colour drawing can be helpful to distinguish various object/
features of the objects.
CRIME SCENE OBSERVATION NOTES
1. METHOD OF RECORDING-
• Start with time of receipt of first information,
• Notes can be recorded as and when observations are made.

2. DATE, TIME AND LOCATION


Time and date of arrival of crime scene, details of location

3. Description of the victim and clothing


4. Wounds on the victim
5. General Description- damages to the items or any apparent
disturbance of normal arrangement.
6. Recognition of each significant item of evidence- time the
evidence was found, exact location, who found it, how was it
marked, sealed and packed etc.
7. Missing items- e.g. any cloth missing from the victim’s body
etc.
8. Other important information
9. Miscellaneous- any other conditions of surroundings etc

The IO can reorganize all these notes for preparing his case
diary and charge sheet.
SEARCHING THE CRIME SCENE FOR
PHYSICAL EVIDENCE
• LOCARD’S EXCHANGE PRINCIPLE.

• INDOOR AND OUTDOOR SCENE


METHOD OF SEARCHING OUTDOOR
SCENE
1 . SPIRAL METHOD
- Following a spiral pattern working from outside to inside
towards the centre or focal point (body)
- Clock wise or anti clockwise
- Effective for single person search
- High probability of locating minute details- fingerprint, footprint
etc
- Chances of destruction of evidence while investigating
• 2. RADIAL METHOD
- OUTWARD FROM THE CENTRE alond the radial and moves
in circles of increasing circumference.
- Best method available for indoor and outdoor.
- Preferred more
3. STRIP METHOD
-INDOOR AND OUTDOOR
CRIME SCENE DIVIDED INTO SEGMENT OR STRIPS
-GOOD IF AREA IS RECTANGULAR OR SQUARE WITH
MARKED BOUNDARIES
- SEARCH BY ONE AND MORE OFFICERS POSSIBLE
4. GRID METHOD
-Slight modification of strip method
- Small are, ESPECIALLY INDOORS
- AREA DIVIDED INTO GRIDS
- A SINGLE PERSON CAN SEARCH ENTIRE AREA BY
MOVING AT RIGHT ANGLES COVERING ALL THE
SQUARES OF THE GRID
• 5. ZONE METHOD
-if crime scene is large with less personnel.
Divide or sub-divide the area into smaller zones and sub zones
Best for searching enclosed area like almirah, safes, cars etc.
TYPES OF PHYSICAL EVIDENCE
NORMALLY ENCOUNTERED
BODY FLUIDS
BODY PARTS, BODY MATERIALS
CONTAINERS
DOCUMENTS
EXPLOSIVES
FIBRES
FINGERPRINTS
FOOTPRINTS
FIRE,ARSON
FIREARMS
AMMUNITION
• GLASS
• HAIR
• IMPRESSIONS
• SOIL AND DUST
• TOOLS AND IMPLEMENTS
• TOOL MARKS
• WOOD AND VEGETABLE MATTER
• MISCELLANEOUS
CONTROL SAMPLE
• LIKE CAN BE COMPARED WITH LIKE
• Examination of evidence including SOIL, BLOOD, GLASS, PAINT,
HAIR, FIBRE etc requires comparison with a KNOWN STANDARD
OR A CONTROL SAMPLE.
• While investigation the IO must collect CONTROL SAMPLE
• CONTROL SAMPLE- SPECIMEN OF MATERIAL
• E.G- hair or fingerprint from the victim which are collected for
comparison with any questioned material from the crime scene.
• Essential for comparison in Laboratory
• Sample should be taken from correct place.
PRINCIPLES AND LAWS GOVERNING
FORENSIC SCIENCE
1. PRINCIPLE OF EXCHANGE
• French Scientist Prof. Edmand Locard in 1928.
• “whenever any two objects come into contact with one another
there is always an exchange of material”
• Transfer of traces may be in the form of materials or
impressions.
• Transference may be large or small, visible or invisible,
detectable readily or difficult to detect.
• Transference does occur.
• Responsibility of IO to search, locate and collect it.
2. LAW OF INDIVIDUALITY
Every material, object natural or man-made, animate or
inanimateh as some individuality/ uniqueness of its own which is
not repeated in any other objects.

3. LAW OF PROGRESSIVE CHANGE


Everything in the universe undergoes a change as time progress.
3. PRINCIPLE OF COMPARISON
Only like things can be compared.

4. PRINCIPLE OF ANALYSIS
The analysis can be no better than the sample itself.

5. LAW OF PROBABILITY
All identifications definite or indefinite are made consciously or
unconsciously on the basis of probability.
HANDLING OF EVIDENCE
• Refer unit 1 slides,

• How to collect and store


PACKING AND LABELLING OF EVIDENCE
• Not damaged by knocking each other, use padded cotton,
thermocol etc.
• Separate packing of articles and labelling
• Secure the package to prevent contamination
• Packets belonging to one case be enclosed in one parcel.
• Use clean containers
• Do not spill the exhibits.
• Pack it in such a way that it is not damaged while unpacking.
• Don’t paste labels on the exhibits with stains. (on the material)
• Handle with care- mentioned in the top side of the box
• Parcel sent using special messenger, if in case send by post,
the parcel should be properly addressed, labelled.
SEALING
• ALL PARCELS MUST BE SEALED by dispatching officers and
packed in such a manner that they cannot be opened without
tearing the seal.
• All knots should be sealed.
• Impression on the seal must be legible.
• Seal must be kept safe, can be private or personal, should bot
be impressions of keys, coins etc.
• The facsimile of seal should be sent with the forwarding letter.
CHAIN OF CUSTODY OF EVIDENCE
• Means maintain a record of every article of evidence, from the point
of decovery at a crime scene to its collection and transportation to
the laboratory for examination, and its temporary storage till it is
finally submitted to the court.
• Chain of custody must be established whenever evidence is
presented in court as an exhibit.
• Otherwise it will be inadmissible in the court.
• There must be systematic record of the names of person through
whom th exhibits were passed, to whom they were delivered, their
initials, time date and date of receipt delivery.
• Each person in chain of custody is responsible for care, safekeeping
and preservation of item of evidence under his control.
LETTER OF ADVICE
• The physical evidence collected by IO to be forwarded to the
expert be accompanied by LETTER OF ADVICE in
STANDARD PROFORMA, along with a COVERING LETTER
from the forwarding authority. (SDPO or above rank or Judicial
officer).
SCIENTIFIC EXAMINATION OF
DOCUMENTS- SIGNATURE AND
HANDWRITING
QUESTIONED DOCUMENTS
• 70% of physical evidence relates to disputed documents.

WHAT IS QUESTIONED DOCUMENTS:


Any object that contain HANDWRITTEN, TYPEWRITTEN OR
PRINTED MARKINGS whose source or authenticity is doubtful .
TYPES OF EXHIBITS UNDER DOCUMENT
SECTION FOR EXAMINATION
• Handwriting, signature, initials etc.
• Erasures (mechanical and chemical)
• Secret and invisible writing
• Indented writings/ pressure marks
• Alteration of writings
• Addition and deletion of writing
• Traced, simulated and other forms of forgery
• Forged rubber stamp/,metal impressions, postal cancellation marks
• Anonymous letter
• False certificate, mark list
• False ration card, passport, passbooks
• False vehicle registration books
• False wills and agreements False traveller cheque, credit cards
• Forger/ tampered cheque, drafts
• Examination of ink
• Examination of paper
• Examination of type printed matter
• White collar crime- share certificates, deeds etc
NATURE OF PROBLEMS
• IDENTIFICATION OF HANDWRITING
• IDENTIFICATION OF SIGNATURE AND DETECTION OF
FORGERY
• EXAMINATION OF WRITING MATERIALS LIKE PEN,PAPER
INK ETC
• EVALUATION OF ERASERS, ALTERATIONS, ADDITIONS,
OBLITERATIONS
• DECIPHERMENT OF INDENTED AND CHARRED
DOCUMENTS
• DETERMINE ORDER OF AGE OF WRITING
• EVALUATION OF TYPESCRIPT
• EVALUATION OF HANDWRITING
IDENTIFICATION OF HANDWRITING
PRINCIPLE
• It is an acquired art like painting. Dance etc.
• Conscious efforts required while writing, mental impressions of
the model, translate it through muscles of his hand as writing
• Practice creates proficiency, becomes effortless.
• The mental and muscular deviations result in a nerve muscle
reaction pattern and gives the writing individuality.
HANDWRITING IS DETERMINED BY
1. The system of writing originally learned.
2. The experience and conditions of use of the hand over a
period of time.
3. The presence or absence of physical abnormalities or defects
originating from illness, injury, psychological variations and
other similar conditions.
INDIVIDUAL CHARACTERISTICS
• Unconscious handwriting of two individuals can never be
duplicated.- individual variations associated to mental and
physical state.
• Variations are expected in ANGULARITY, SLOPE, PRESSURE,
LETTER AND WORD SPACING, DIMENSIONS OF LETTERS,
CONNECTIONS, PEN MOVEMENT, WRITING SKILL, LINE
QUALITY.
• PERSONAL habits- MARGINS, SPACING, CROWDING,
INSERTIONS, ALIGNMENT, SPELLING, PUNCTUATION,
GRAMMAR can individualize the writer
• COMPARED WITH ABBE CHARATERISTICS
• DIFFEICULT WHEN THE WORDS ARE FEW
• ALSO WRITING PATTERN OF FEW WORDS (COMMON)
CAN CHANGE IN COURSE OF TIME
FACTORS AFFECTING WRITING
• WRITING MATERIAL
• PHYSICAL OR PSYCHOLOGICAL DISTURBANCES
• AGE
• NATURAL VARIATION- variation in inherent part of natural
writing, i.e writing name and signature multiple times
IDENTIFICATION OF SIGNATURE
• Principles applied on general handwriting applicable.
• Certain other factors considered.
• Signature is combined result of CUMULATIVE EFFECT of
number of factors – MUSCULAR CONTROL, COORDINATION,
HEALTH, AGE, FREQUENCY, TEMPERMENT etc.
• If questioned signature satisfies with the standard in all
identifying characteristics – ORIGINAL SIGNATURE
DETECTION OF FORGERY
• FORGERY- attempt made by a person to defraud another by falsely
making or altering a signature or any part of a document.
• It is also committed by offering issuing or transferring such as writing
an attempt to defraud another.

• FORGERY is easy, detection far more difficult


TYPES OF FORGERIES
• FREE HAND/ SIMULATED FORGERY
• TRACED FORGERY
FREE HAND/ SIMULATED FORGERY
• Forger tries to initiate the handwriting of another person by
copying from the model or by keeping the model in the mind.
• COPY OR IMITATION FORGERY
• Most difficult of all methods
• Success depends on education, artistic skill, practice,
considerable degree of nerve.

• If forger’s work is slow and painstaking- examination under


LOW POWER MICROSCOPE- reveal FREQUENT PAUSES,
PEN LIFTS, HESITATION MARKS, SHADING AT WRONG
PLACES.
• The overall LINE QUALITY will be poor.
TRACED FORGERY
• Carried out from available model.
• Crudest type
• Usually said that it is impossible to put 2 identical signature by
the real person.
• To determine whether a signature is traced one, the signature
in question is super-imposed over the model in front of a strong
light.
• The exact superimposition is a proof of forced forgery.
FOUR COMMON METHODS OF TRACING
1. CARBON PAPER TRACING
Can be detected under a microscope by which traces of carbon
may be revealed.
2. INDENTED TRACING
By placing model signature over the document to be forged and
tracing the signature with a sharp and hard point.
Inking with a pen completes the indented outline obtained on the
document.
The forgery can be detected by noting the indentations inside or
outside the inked line.
3. TRACING PAPER FORGERY
Model signature is traced on a tracing paper, transferred as indented
tracing on the document to be forged.

4. TRANSMITTED LIGHT
The document is placed on a glass illuminated from below with a
strong light. The forger then traces the signature, which is visible over
the light.
Forgery can be revealed by placing the model over the forged
document and observed under the transmitted light.
If the two writings super imposed it indicated common source.
Besides abnormal shading, signs of slow and painstaking movemen,
interruptions caused by pen ifts, tremor may be apparent in the forged
signature.
DEFECTS OF FREE HAND AND TRACED
FORGERIES
• Both the types of forgeries, the forger tries to reproduce the
CONSPICIOUS feature of writing, fails to imitate
INCONSPICIOUS.
• Forgeries also have LINE QUALITY DEFECTS
• The experts therefore pays attention to INCONSPICIOUS
CHARACTERISTICS AND LINE QUALITY.
PRECAUTIONS AND GUIDELINE FOR
COLLECTING STANDARDS
• STANDARDS
Handwriting or signatures or initials written by a known person,
taken for the comparison with the questioned.

It includes TYPED/PRINTED SCRIPTS, SEALS, STAMPS


IMPRESSIONS etc taken from a known source.

STANDARD writing two types- ADMITTED, SPECIMEN


ADMITTED
• Written by a person in his/her routine course of activity – freely
written, natural, undistorted.
• E.g. employees, students, working class, professional,
business man etc.

• Sample collected- LIKE WITH LIKE, initials with initials,


signature with signature, same language, cheques with
cheques.
• The admitted standard material can be procured in the
following documents:
1. Personal correspondence- postcards, inland letters,
application for employment/loans/services like electricity,
telephone, diaries, account books etc
2. ACADEMIC RECORD
3. FINANCIAL AND BUSINESS DOCUMENTS- passed bank
cheques, application for DD, specimen signature cards,ledger
receipts etc
4. VOCATIONAL AND PROFESSIONAL DOCUMENTS- official
correspondence,leave letters, application for loans,
attendance register, legal documents etc.
5. MISCELLANEOUS DOCUMENTS- railway reservation forms
etc
SPECIMEN
• Specifically written by the suspect for the purpose of
comparison with disputed document.
• Done in open court or in the presence of presiding officer.
• Can be taken only if the suspect volunteers to give.
Terms and conditions while collecting specimen:
• Suspect should be seated in comfortable posture- ensure
comfort and natural writing posture.
• Supplied with similar paper and writing instruments as that of
questioned.
• Suspect should not be shown the questioned document.
• Dictation should be provided at different intervals to prevent the
suspect from imitating the same style.
• After each dictation, the sheet of specimen should be removed,
fresh sheet be supplied.
• Suspect should be encouraged to write the word combination
and numerals as present in the questioned sample several
times.
• At least 20 specimen signatures/ writings on different sheets
should be taken. In case of deliberate efforts to disguise, more
specimen should be taken.

• The specimen writing/ signature should be taken in the open


court and attested by the Judicial Officer/ Magistrate
MARKING
• The process of segregating disputed portion of the text from
out of the total document by marking distinctively for
comparison is called MARKING OF DOCUMENTS.
• The questioned portions should be encircled and numbered as
Q1, Q2, Q3 etc, and the standard portions should be encircled
and numbered as S1, S2, S3 etc.
INK
• Investigate on the ink used
• E.g.

• Indian ink is carbon suspended in water.


• Ball pen ink contains mixtures of dyes dissolved in a suitable
carrier.
• Glycol based ball pen inks are very common
• Dyestuff ink is a solution of single dye or mixture of dyes, It is
washable and not permanent.
COMPARISON OF INK
• PHYSICAL AND CHEMICAL METHODS
• THIN LAYER CHROMATOGRAPHY- ink comparison
• In dye inks, the separation pattern of the component dyes is
different for inks having different dye composition
EVALUATION OF ERASURES
• ERASING
• Can be affected by – CHEMICAL AND MECHANICAL WAYS
• Chemicals like – chlorine, bromine water, sulphurous acid can
decolourise writing.
• Certain inks soluble in solvents in water, alcohol, acetone etc.
• Detergents can be used to remove carbon ink
• Rubber eraser, sand paper, razorblade or knife can be used
MECHANICAL ERASURE
It will disturb the upper fibres of the paper and particles of rubber
will be seen on the surface.
Can be find out under microscope- using direct light, or allowing
light to strike the paper from one side.
But it will not help to understand the original letters which were
present in the document.

CHEMICAL ERASURES
Often detected and the writing restored by fuming with certain
vapours like ammonium sulphide, iodine fumes, alcohol etc.
Examination under UV radiations, infrared light can reveal
original writing or identify the site of chemical erasure.
ALTERATIONS
• Overwriting, patching.
• Can be done after erasure.
• Can be find out by magnifying.
• Stereoscopic binocular microscope is used in low power.
• Small difference in color of inks, style of writing

• E.g. most common alteration on numbers 1 t 0, 0 to 9 etc.


ADDITION
• Addition of zero at the end of numbers

• Witten with different ink, pen


• Added by different writer
• Crowding or abnormal spacing
• Detectable difference in the age of writing
OBLITERATIONS
• It means the effective destruction of appearance of the writing
without actually removing it or rendering it invisible.
• Overwriting or crossing with pencil, or with a pen by spreading ink or
dark fluid is the common method.

• DETECTABLE BY
- Strong light at various angles
- Uv light, infrared
- Examination with Colour filters
- Treatment with colour reagents- remove overwriting
- Video spectral comparator equipment- scanning of document under
different wavelength in UV, infrared.
- Laser source
INDENTED AND CHARRED DOCUMENTS
INDENTED WRITING
When something is written on a piece of paper underneath there are
other papers, the paers below may have indentations, if deciphered, it
can reveal what was written on the top sheet.

Anonymous letter- this method has significance


DETECTABLE
- ORDINARY LIGHT with oblique illumination
- Fuming with iodine, the vapours with fill the pattern
- Spreading graphite powder
- Electro Static Detection Apparatus ESDA
CHARRED DOCUMENTS
• Visual examination with oblique illumination, side light
• Infrared photography
• Silver nitrate solution can read charred writing
• Keeping the charred document pressed on either side by
unexposed photographic plates for two weeks, then developing
the normal way, may produce photographic negative of the
original matter.
ORDER OF WRITING
• The sequence of stroke is studied to find out the order of
writing.
• spreading of ink
• Continuity in the writing
• Fibre of the paper
• When two pencil lines cross, the second line will disturb the
graphite marks of the first, while superimposinh the new marks.
AGE OF WRITING
• Condition, water marks, composition of fibre, sizing material etc.
• Age of ink, change in colour due to oxidation, sulphate and
chloride diffusion from inklines can give appr. Age of writing.
• Particular ink, ball pen used in India after 1950.
• District marks on revenie stamps, change in seal
• Anachronistic features- postal pin code, change in name of city,
road and street name.
• International Ink Library- by US Secret Services in 1988,
samples of 6000 inks
EVALUATION OF PRINTED MATTERS
• Publishing illegally, infringing copyrights,
• Identification of press necessary.
-Process of printing
- Proof copy should or original sample copy should be available
HANDLING AND PRESERVATION OF
DOCUMENTS
• handled with clean hands
• not to be cut, torn, trimmed in case of bigger size
• partially torn documents should be joined with clean cellotape.
• should not be exposed to moisture, sunlight.
• to be packed in clean paper, cloth lines, cellophane covers
• IO should not made any changes
• IO should put initial, date, numbering in one corner, away from
marked portions
• Charred documents- carefully lifted, placed in suitable card board
box, transported with care.
CASE LAWS:
• State v. Kandhu Caharan Barik, 1983 Cr LJ 133
The Court opined that the science of handwriting experts is
not perfect. The opinion given by a handwriting expert has to be
examined and tested. But the reasons given by him are not the
deciding factor. The duty of the expert is to provide the Judge
with the necessary scientific criteria for testing the precision of
his conclusion which will enable the Judge to form his judgment
• Fakhruddin v. State of Madhya Pradesh, AIR 1967 SC 1326
In this case, the Court looked into the evidentiary value of the
opinion of handwriting experts and stated that it would be
precarious to decide conviction merely based on the evidence of
a handwriting expert. It is necessary that the courts must always
look into whether such opinion is supported by other direct or
circumstantial evidence or not before acting upon it.
• Padum Kumar v. State of Uttar Pradesh, 2020
• The appellant, Padum Kumar was working as a postman in the Indira Nagar Post office in
Lucknow. On 9th April, 1992 M.L. Varshney sent a registered envelope from Allahabad to K.
B. Varshney, the complainant. This envelope contained 4 notes of rupees 5,00 each i.e., a
total amount of rupees 20,000. But the envelope never reached the complainant and so he
filed a complaint before the Postmaster. Later it was found that a person named “Mohan”
has received the envelope as per the registry. The complainant’s son’s name is Devesh
Mohan. They both went to the post office and saw the signature which was signed as “D.
Mohan”. On seeing this the son denied that the signature was his and so a case was
registered. The disputed signature was sent to a forensic laboratory. The report from them
stated that the person who made the specimen signatures has also made the disputed
signature. But 2 other experts were also consulted and both stated that it was not the same
person. The trial court convicted the appellant of forgery after examining the evidence
along with the reports of the handwriting experts. The appellant challenged this conviction
in both Additional Chief Judicial Magistrate and High Court where his conviction was
upheld. So, he went for appeal in the Supreme Court. His counsel argued that conviction
cannot be based solely on expert opinion. Another argument made by him was that the 2nd
expert had died before the trial and his son was allowed to give his opinion as he was
familiar with the expert’s work, and so this opinion should not be considered as the expert
was not alive to be examined anymore. But the court agreed with the High Court on the
point that, even if not based solely on expert opinions, the appellant was the only person
with knowledge and he should have been able to show who had signed the registry falsely,
if he had not forged it himself. Thus, the Supreme Court also upheld his conviction, but
reduced his sentence.
ADMISSIBILITY OF FORENSIC AND
SIGNATURE ANALYSIS IN COURT
• SECTION 45- opinion of expert-
Section 39- Bhartiya Sakshya Adhiniyam

• SECTION 47- opinion as to handwriting and signature when


relevant
Section 41- Bhartiya Sakshya Adhiniyam

• SECTION 73- Comparison of signature, writing or seals with


other admitted or proved
• Section 72- Bhartiya Sakshya Adhiniyam
SECTION 45 IEA, Section 39- Bhartiya
Sakshya Adhiniyam
-the opinion of an expert is admissible when it is related to
matters regarding the sciences or arts, or any other particular
field that an inexperienced person cannot form a proper
judgement regarding it without such the help of an expert who
has studied and is well versed in the field.
-it is for the judge to decide upon the competency of a witness as
an expert, the judge determines whether the skill of an individual
and his opinion offered is valid and enough to entitle him as an
expert. This proves that an expert cannot act as a judge to
decide the case in so far as his opinion and expertise goes.
• Tomaso Bruno v. State of UP (2015) it was held that the
purpose of an expert witness was to only assist the court in
reaching a final conclusion thereby showing that an expert
opinion isn’t conclusive nor is it binding upon the court.
• It was remarked by the Supreme Court in the case of Dayal
Singh v. State of Uttaranchal (2012) that the court cannot
delegate its ability to pass judgement to any 3rd party or expert,
that the opinions of such experts must be treated like any other
evidence.
State of Himachal Pradesh v. Jal Lal and Ors. (1999)
explained the functions of an expert:
a) An expert is a person who has special knowledge over a
subject, who has made such a subject his study or his practice.
He must show that he has special experience and knowledge
over such a subject area.
b) The opinion of the expert is only advisory in nature and
cannot be considered conclusive proof. They are to only aid the
judge so that a judgement can be pronounced by the court
independently.
c) The credibility of such witness statements depends on the
reasons, data and materials furnished by them in support of their
argument.
Section 47 IEA, Section 41- Bhartiya Sakshya
Adhiniyam
• According to this section, when the court has to formulate an
opinion on the handwriting of a person, they can consider the
opinion of a person who is familiar with the handwriting of such
person as evidence. This section shows one of the ways to
prove handwriting. The following methods may be used to
prove the handwriting of a person:
a. By the evidence of the person who has written it.
b. By the evidence of a person who has witnessed the person,
whose handwriting is being examined, write.
c. By the evidence of a person who is familiar with such handwriting
either by receiving letters claimed to be written by such person or any
other documents written by the witness to such person.
Case of Shankeappa v. Sushilabai (1984), a letter written by the
husband to another woman admitting his marital status to her was
questioned. Here the wife can be considered to be familiarized with
the husband’s handwriting.
d. By the evidence of a handwriting expert who can compare the
handwritings.
e. The court itself compares the document in question with other
documents which are proved to be genuine to the satisfaction of the
court.
f. The court can also ask any person present in the court to write any
words or figures in order for the court to compare it to the handwriting
or words or figures in the document alleged to have been written by
such a person.
• The witness does not have to express at first instance how he
is acquainted or familiar with the handwriting. It is the opposing
party that finds it out through cross-examination of the witness
if he is not content with the testimony as it stands.
• The presiding judge can also allow the opposing advocate to
cross-examine so that it becomes easier for the court as well to
reach to a conclusion on sufficient materials regarding the proof
of the handwriting.
• In the case of Emperor v. Ponde (1925) , it was observed that a
recordkeeper, who files the paper sent to him during the course
of his employment, can testify regarding handwriting of a
person whose papers he has previously filed, even if the
number of papers filed may be less.
Section 73 IEA, Section 72- Bhartiya Sakshya
Adhiniyam
• As per Sections 45 and 47 of the Indian Evidence Act, the court
has to look into the opinion of others. But under Section 73, the
court has the power to compare the writings on its own and
formulate its own opinion.
• Section 45 is complementary to Section 73. Evidence of
Handwriting Expert need not always be corroborated. It is the
discretion of the Court whether to accept such uncorroborated
evidence or not.
• In the case of Lalit Popli v. Canara Bank & Ors (2001), the
Enquiry Officer and the Disciplinary Authority carefully
considered the report by the handwriting expert and also
looked at the documents to formulate their own conclusions.
• Ameer Mahammed v. Harkat Ali (2002) it was held that an
expert opinion can be rejected if it is based on an imperfect
science, which again gives way to uncertainty regarding the
position of handwriting analysis.
• As stated earlier, forensic linguistics does not serve to identify
an individual and the same has been observed by the Kerala
high court in the case of MK Usman Koya v. CS Santha (2003)
in which it was stated that handwriting analysis merely gives
rise to a probability and not certainty.
• S. Gopal Reddy v. State of AP (1996) The apex court has held
that some types of expert evidence cannot be considered as
conclusive proof and that they need to be corroborated.
Handwriting expert opinions comes under this category. This
position has been further substantiated by the Supreme Court
in the case of Ram Chandra v. State of UP (1957) by stating
that handwriting evidence needs to be supported by both
internal and external evidence. That the inherent nature of
handwriting evidence is insufficient to result in conviction.
• Sashi Kumar Banerjee v. Subodh Kumar Banerjee (1964)
The apex court has held that handwriting evidence needs to be
further corroborated by direct or substantial evidence as
independently it cannot be taken as substantial evidence.
• Alamgir v. State, (NCT) Delhi (2003) , a woman’s body was
found in a room in the guest house where she used to stay
along with her husband. Two slips were also found in that room.
After examination of the slips, the experts stated that it was the
handwriting and signature of the husband. The Supreme Court
such statements from the experts could be relied upon only if
there is other corroborative circumstantial evidence to support
it.
State of Maharashtra v. Damu Gopinath Shinde, 2000
The wife was shown the letters written by the deceased to his
brother during cross-examination. She testified that it was her
husband’s handwriting. This point was considered relevant and
she was not cross-examined on it. The Bombay High Court held
that there will be no value given to the opinion of a handwriting
expert if he is not examined.
Similarly, B. Poornaish v. Union of India, 1967 the opinion of the
expert, an Assistant State Examiner of Documents, was not
given any weightage as he did not appear as a witness, that the
expert must give the evidence in the court. Mere report without
examining the expert does not have any evidentiary value
• Magan Bihari Lal v. State of Punjab (1977), while dealing with
the evidence of a handwriting expert, this Court was of the
opinion that it would be very dangerous to decide on conviction
merely based on the strength of opinion of a handwriting expert
as evidence. It is very well known that the opinion of experts
must always be regarded with greater caution, even more so in
the opinion of a handwriting expert. There are many
precedents which have proved that it is extremely unsafe to
convict solely based on the expert opinion without any
supporting substantial corroboration. This rule is universally
enforced and it is almost regarded as a rule of law.
• Ishwari Prasad Misra v. Mohd. Isa 1963 , the court pointed out
that an expert evidence of handwriting can never be regarded
as conclusive because it is merely an opinion evidence.
Murari Lal v. State of Madhya Pradesh, 1980
the Supreme Court held that conviction cannot be made solely
based on expert opinion. This is not because of the unreliability
of experts as witnesses, rather it is due to the fact that all human
judgments are fallible and even an expert may give incorrect
opinion because of some defect or error or an honest mistake
while observing. The science of handwriting analysis is nowhere
near perfect, so there are chances for wrong conclusions. This is
why it is important for such opinion to be backed by some other
substantial evidence even if the opinion is soundest of reasons.
An expert’s opinion has to be tested by the acceptability of the
reasons given by him. An expert deposes and not decides. The
duty of the expert is to provide the Judge with the necessary
scientific criteria for testing the precision of his conclusion which
will enable the Judge to form his judgment.
• State of Maharashtra v. Sukhdeo Singh,1992
• the Court stated that a handwriting expert is a competent
witness whose opinion is regarded as relevant evidence under
the provisions of the Evidence Act and it is not considered to
be an equivalent to the class of evidence of an accomplice.
Therefore, it is not right to regard the opinion evidence with
suspicion. Instead the correct approach would be to weight the
reason based on which the opinion was made. The equality of
his opinion would depend on the soundness of the reasons.
There are no set rules in this regard, but the Court has to
decide, on a case to case basis, what weightage should be
given the expert opinion.

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