Crime scene investigation- understanding and purpose of crime scene examination and investigation

1. CRIME SCENE INVESIGATION –
UNDERSTANDING AND PURPOSE OF
CRIME SCENE EXAMINATION AND
INVESTIGATION
SUBMITTED TO:
Dr. PUSHPINDER KAUR
Dr. SHRUTI BEDI
Dr. AJAY RANGA
SUBMITTED BY:
GAGANDEEP KAUR
ROLL NO. 1728
L.L.M. SEM. 1, UILS,PU

3.  The infusion of technology in crime investigation
has been a major breakthrough in the process of
advancement of criminal justice. Police utilize
scientific tools and techniques to detect a crime,
reconstruct the crime scene, identify the alleged
offender and establish vital links; the courts, on the
other, take account of these physical evidences and
determine with enhanced accuracy the innocence
or guilt of the offender. Somewhere, the efficiency
and effectiveness of the criminal justice
functioning has been linked with the extent of use
of technological tools in crime investigation.

4.  Forensic evidence provides guidance to
those conducting criminal investigation
and to supply to courts accurate
information upon which they can rely in
resolving criminal and civil disputes.
 The term “forensic science” refers to a
group of scientific disciplines which are
concerned with the application of their
particular scientific area of expertise to
law enforcement, criminal, civil, legal,
and judicial Matters.

5.  A scene of crime
(occurrence) is the place
where the crime is
committed or those sites
which are connected with
the crime or where the
evidence thereof is found.
For example, in a case of
kidnapping, the place from
where the person has been
kidnapped, the vehicle in
which he had been moved,
raped or killed, the place
where he has hidden and
the place where he has
been murdered are all
scenes of crime.

6. OUTDOOR
CRIME SCENE
 Most
vulnerable to
loss,
contamination.
 Altered,
destroyed
easily
 Also affected
by
environmental
conditions
INDOOR CRIME
SCENE
•Less susceptible
to loss,
contamination
and deleterious
change.
•Easier to secure
and protect.
CONVEYANCE
CRIME SCENE
•Conveyance is a
means of transport
•Physical evidence
recovered may
extend beyond
conveyance itself
•Example – Vehicle
burglary, car
jacking etc

7.  The Investigation of the crime scene
thoroughly for the search of evidence and
every material that could give a potential clue
about what happened and who did it, is
called Crime Scene Investigation (CSI). A CSI
team consists of Forensic experts and
investigators who are well versed in
extracting evidence and experienced in
carrying out Investigation.

8. The scene of occurrence provides a wealth of clue
materials and other evidence which is useful to:
 Establish corpus delicti
 Link the criminal, the victim and the scene of
occurrence inter se
 Evaluate the pattern of events
 Indicate modus operandi, sequence of events
 Help reconstruction of the occurrence
 Find the criminal(s), the victim and the evidence
 Find the number and nature of the weapons
 Know the transport used
 Ascertain the routes of ingress and egress
 To confirm or disconfirm information from other
sources.

9. The scene of occurrence is located from the
following:
 Presence of corpus delicti
 Marks of struggle
 Account of eye-witnesses
 Abandoned articles, impressions and prints,
bloodstains and stains from other fluids. For
example, a stain of ejaculated semen, once
established the site of rape.
 Traces carried over from the scene. For example,
once, the plant fragments on the cloth of a child
indicated the place of assault.

10. LEGAL
 General principles
 Local laws, rules and
regulations govern
activities of CSI.
 Relate to issues – how to
obtain authority to enter
the scene, to conduct
investigation, to handle
evidence.
 E.g.. They determine
admissibility of evidence
collected.
ETHICS AND HUMAN
DIGNITY
•Local laws, rues and regulations,
course of professional conduct.
•To act with care and
professionalism, objectivity, open –
mindedness and impartiality.
•Priority given to emergency
medical care
•Course of conduct.
•Control and management of
media.

12. 1. Approach Scene, secure and protect it- After
reaching the crime scene the Planning,
organization and coordination of the work at
the scene takes place. It is based on an initial
scene evaluation. This takes place before the
actual forensic work at the scene. Preservation
of the scene and its evidence aims at
implementing appropriate protective and anti-
contamination measures to keep disturbances
of the scene and the physical evidence to a
minimum.

13. 2. Initiate preliminary survey and determine scene
boundaries- The number of crime scenes and their
boundaries are determined by their location and the
type of crime. The initial responding officer(s)
should:
a) Establish boundaries of the scene(s), starting at the focal
point and extending outward to include:
 Where the crime occurred.
 Potential points and paths of exit and entry
of suspects and witnesses.
 Places where the victim/evidence may have been
moved (be aware of trace and impression evidence
while assessing the scene).
b) Secure the scene. Set up physical barriers (e.g., ropes,
cones, crime scene barrier tape, available vehicles,
personnel, other equipment) or use existing boundaries
(e.g., doors, walls, gates).

14. 3. Examination of the scene-
 all the information must be gathered and noted down.
 perishable evidences such as shoe-prints, trace
evidences should be collected at once so that they may
not disappear.
 Examination must be started from the “trail” area viz.
The entry point, exit point, areas which the suspect
may have cleaned-up, etc.
 An outline should be drawn in mind as to the method
of committing the crime.
4. Documentation of the scene-
 Documentation efforts at the crime scene begin the
moment that an officer gets a call and continue until
the case is closed. It is the most time-consuming but
also the most important step. Its purpose is to record
and preserve the location and relationship of
discovered evidence.

15. 5. Record and collect physical evidence-
 Recognition, recovery and preservation of physical
evidence is the central part of the work at the scene. It
aims at locating and identifying a maximum of
potentially relevant evidence, and selecting
appropriate recovery methods and adequate packaging
to preserve the evidence integrity.
6. Conduct the final survey- Be certain that every package
containing physical evidence is collected—leave
nothing behind. Make a final walk-through to be
certain that all potential evidence is bagged and
tagged.
7. Releasing the scene of crime- While it is normal for
others having an interest in the property to want to
regain access, the CSI should not be rushed, coaxed or
bullied into releasing the scene until the job is done.
 The physical evidence collected must be
Transported, stored and submitted to the laboratory.

16.  Analysis of forensic evidence is used in the
investigation and prosecution of civil and
criminal proceedings. Often, it can help to
establish the guilt or innocence of possible
suspects.
 Universal Declaration of Human Rights, Article
11, states: "Everyone charged with a penal
offence has the right to be presumed innocent
until proved guilty according to law in a public
trial at which he has had all the guarantees
necessary for his defence."

17.  Articles 20(3) of the Indian Constitution provide that
no person accused of any offence shall be compelled to
be a witness against himself.
 Presumption- accused person is innocent till proved
guilty.
 protects the accused by shielding him from the possible
torture during investigation in police custody.
 India guarantees fundamental right against self
incrimination and guards against forcible testimony of
any witness.
 The protection is available not only in respect of
evidence given in a trial before Court but also at
previous stage.
 available only when compulsion is used and not
against voluntary statement, disclosure or production
of document or other material.

18.  Sec.73 of the Indian Evidence Act empowers the court to
direct any person including an accused to allow his finger
impressions to be taken.
 Section 45 and 46 of Indian evidence Act 1872 highlights
that:
 The court when necessary will place its faith on skills of
persons who have technical knowledge of the facts
concerned.
 The court will rely the bona fide statement of proof given by
the expert concluded on the basis of scientific techniques.
 The evidence considered irrelevant would be given
relevance in eyes of law if they are consistent with the
opinion of experts.
 There are questions as to whether forensic evidence violates
Art. 20(3) of Indian Constitution or not? In the State of
Bombay v. KathiKaluOghad& Others, the court held that
giving thumb impression, specimen signature, blood, hair,
semen etc. by the accused do not amount to ‘being a
witness’ within the meaning of the said Article.

19.  Under Indian Evidence Act, 1872, forensic report
is considered as “opinion” tendered by expert.
The real function of the expert is to put before the
court all the materials, together with reasons which
induce him to come to the conclusion, so that the
court, although not an expert, may form its own
judgment by its own observation of those
materials.
 The credibility of an expert witness depends on the
reasons stated in support of conclusion and the
tool technique and materials, which form the basis
of such conclusion.
 the court is free to disagree with the conclusions
drawn by the expert and rely on other evidences
for the purpose of decision.

20.  Section 53 of the Criminal Procedure Code 1976
provides that upon arrest, an accused person may
be subjected to a medical examination if there are
“reasonable grounds for believing” that such
examination will afford evidence as to the crime.
The scope of this examination was expanded in
2005 to include “the examination of blood, blood-
stains, semen, swabs in case of sexual offences,
sputum and sweat, hair samples and finger nail
clippings by the use of modern and scientific
techniques including DNA profiling and such
other tests which the registered medical
practitioner thinks necessary in a particular case.
However, the provision inserted through an
Amendment in 2005 is limited to rape cases only.

21. Reasons for reluctance of courts to use forensic
evidence in criminal investigation-
 Indian Evidence Act needs to be amended to make
scientific evidence admissible as ‘substantive
evidence’ rather than ‘opinion evidence’ and
establish its probative value, depending on the
sophistication of the concerned scientific
discipline.
 Mismanagement of physical evidence, including
improper collection, preservation, non collection of
clue evidence, non-maintenances of chain of
custody, as well as delayed dispatch of physical
evidence for scientific analysis.
 Constraints faced by allied subsidiaries. Modern
techniques of investigation are an area still
unknown to the police.

22.  In this age of science, we have to build legal foundations
that are sound in science as well as in law. Practices and
principles that served in the past must give way to
innovative and creative methods, if we want to save our
criminal justice system. Emerging new types of crimes and
their level of sophistication, the traditional methods and
tools have become outdated, hence the necessity to
strengthen the forensic science for crime detection.
 There is urgent need to bring about quantum
improvement in the situation, more so, when the conviction
rate is consistently falling over the years in the country and
the forensic evidence, can reverse the trend to some extent.
 We are not advocating that, in all cases, the scientific
evidence is the sure test, but only emphasizing the necessity
of promoting scientific evidence also to detect and prove
crimes over and above the other evidence.