Fifth Year B.A. LL.B. - Semester IX
Fifth Year B.B.A. LL.B. - Semester IX
Third Year LL.B. - Semester V
Optional Subject 5 (Any one from the following) :
LO 0907 Law of Forensic Science :
LO 0907 Law
of Forensic Science :
Objectives of
the Course : Forensic science plays a very important role in criminal law
justice system. It helps in determination of the guilt of a suspected criminal,
and ascertains various facts in a case by scientifically testing various types
of evidences collected during criminal investigation. A Prosecutor or a Judge
is an expert in the field of law but may lack in-depth scientific knowledge,
which may be necessary in different cases to ascertain the facts and
circumstances of the case in order to prove the case “beyond reasonable doubts”
and to attribute criminal liability to the accused person. Therefore, expert
opinion of scientists and doctors are invited by the courts whenever evidences
are scientifically examined.
The aim of this course is to explain the concept of
forensic science and its role in criminal law. This course will give an
overview as to what kind of evidences are collected and scientifically tested
in various crimes, how the result of these tests and expert opinion are useful
in investigations and trials and its evidentiary value.
Module
01 Constitutional Rights and Law of
Forensic Science :
1. Right
to Privacy and Right against Self Incrimination - with leading cases
2. Meaning
of Forensic Science
3. Development
of forensic science
4. Scope
of forensic science
5. Importance
of forensic science in Criminal Law
a) Role
of forensic science in understanding criminal psychology
b) Role
of forensic science in criminal investigation
c) Role
of forensic science in court of law
d) Role
of forensic science with respect to questioned documents
e) Digital
evidences and forensic science
f) Role
of forensic science in cyber crimes
6. Forensic
Experts and Relevancy of their opinion:
a) Crime
scene investigator
b) Firearms
Examiner
c) Document
Examiner
d) Forensic
Anthropologist
e) Computer
Forensics Expert
f) Psychiatrist
and behavioural scientist, etc.
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Module 02 |
Criminal Psychology
and Forensic Science : 1. Brain Fingerprinting : a)
Meaning of brain mapping b)
Underlying principle behind brain mapping c)
Importance of brain mapping d)
Lie detection technique e)
Use of Brain fingerprinting in criminal
investigation f)
Brain fingerprinting in India-Guidelines by
Supreme Court and NHRC g)
Evidentiary Value in the court of law 2. Narcoanalyasis
: a)
Meaning of Narcoanalysis b)
Scientific Theory behind narcoanalysis c)
Precautions before conducting the tests d)
Presence of Experts e)
Narcoanalysis in India-Guidelines of Supreme
Court, NHRC f)
Rights of the accused person g)
Importance of Narcoanalysis in criminal investigation
h)
Evidentiary value in Court of Law 3. Polygraph
Test : a)
Meaning of polygraph test b)
Theory behind polygraph test c)
Application and utility d)
Legal and Constitutional Status in India e)
Evidentiary Value f)
Judicial Precedents related to polygraph test
4.
Handwriting Analysis: a)
Meaning of handwriting analysis b) Underlying
principles for handwriting analysis c)
Uses of Handwriting Analysis in understanding
the character and personality traits of a criminal and ascertaining certain
facts during investigation and as an alternative method for lie
detection. d) Evidentiary
value of handwriting analysis e)
Judicial approach f)
Role of handwriting expert and evidentiary
value of expert opinion on handwriting
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Module 03 |
Role of Forensic
Science in Investigation of Crime : 1. Introduction : a)
Types of Crimes b)
Importance of forensics in various types of
crimes 2. Legal Procedure after Commission of a Crime : a)
Inquest-by Police and Magistrate b) Courts
of Law c)
Summons |
d)
Record of evidence
e)
Medical evidences - certificates, reports, dying
declaration, etc.
f)
Witnesses - common, experts, conduct and duties
of doctors
g)
Preservation of medico - legal evidence at the
crime scene 3. Autopsy :
a) Objectives
of Autopsy
b) Requirements
c) Protocol
d) Exhumation
e) Identification
f) Time
of death
g) Sudden
unexpected deaths
h) Instantaneous
psychological deaths
i) Autopsy
in traffic accidents
j) Age
estimation
k) Starvation
deaths
l) Burns
m) Asphyxial
deaths
n) Rape
o) Abortion
p) Poison
4. DNA
Finger Printing :
a) Meaning
of DNA fingerprinting
b) Principles
c) Status
of DNA fingerprinting in India
d) Powers
of Investigating agency
e) Role
in crime investigation
f) Judicial
Approach
g) Evidentiary
Value
5. Fingerprint
Forensics :
a) Meaning
of fingerprint forensics
b) Importance
and role in criminal investigation
c) Techniques
for collection
d) Law
relating to fingerprints
e) Power
of investigating officers
f) Power
of Courts
g) Provisions
under Criminal Procedure Code, and Indian Evidence Act -
Section 45
h) Judicial
Approach
i) Evidentiary
Value
6. Forensic
Detection Dogs :
a) Concept
of sniffer dogs
b) Role
of such dogs
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c) Evidentiary value |
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Module 04 |
Law Relating to
Ballistics : 1. Meaning and Scope 2. Firearms : a)
Definition of arms under the Arms Act, 1959; b)
Prohibited Arms under the Arms Act, 1959; c)
Definition of firearms; d)
Types of firearms; e)
Evidence collection f)
Evidentiary value of firearm examination 3. Ballistics
Expert : a)
Role of a ballistics expert b) Opinion
c)
Reliability and admissibility of such opinion |
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Module 05 |
Questioned Documents
and Forensic Science : 1.
Meaning of questioned documents - (offences
related to documents) 2.
Sources of questioned documents 3.
Proof of signature 4.
Handwriting analysis with respect to the
documents 5.
Report of an expert 6.
Evidentiary Value 7.
Typewritten Documents |
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Module 06 |
Modern Techniques for Collection of
Evidences and Role of Forensic Science :
1.
Digital and Video Recordings 2.
CCTV Cameras 3.
Mobile Phone forensics 4.
Voice Analysis 5.
Evidentiary value of each of the above |
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Module 07 |
Cyber Forensics
: 1.
Meaning of cyber forensics 2.
Role of cyber forensics 3.
Importance of cyber forensics 4.
Relevant Provisions under - a)
The Information Technology Act, 2000 b)
The Indian Evidence Act, 1872 5. Cyber
Crimes : a)
Pornography
b) Cyber
Stalking 6.
Crime Investigation 7.
Digital Evidence Collection 8.
Evidentiary Value of such Evidence 9.
Judicial Approach - Landmark Cases |
Recommended Readings :
1. Martin
D’Souza and R.P Kataria, Forensic Science
in Criminal Trial and Investigation, Orient Publishing Co.
2. Kevin
J. Strom and Mathew J. Hiccman, Forensic
Science and the Administration of Justice - Critical Issues and Directions, SAGE
Publications, (Chapters: 1, 7, 8, 9, 11 and 13).
3. Modi’s Medical Jurisprudence and Toxicology,
23rd Ed. Publisher - LexisNexis Butterworths Wadhwa.
4. C.K
Parikh, Parikh’s Textbook of Medical
Jurisprudence, Forensic Medicine and Toxicology, CBS Publishers and
Distributors.
5. B.R
Sharma, Forensic Science in Criminal
Investigation and Trials, Universal Law Publication,
6. Dr
R. Krishnamurti, Forensic Science in
Crime Investigation.
7. B.S
Nabar, Forensic Science in Crime
Investigation, Asia Law House.
8. Medico-Legal
Manuals.
Note for Syllabus of all Subjects :
1. The students are advised to refer latest editions of the books / readings recommended. The list of recommended readings is given for the general information and understanding of the students. However, students are advised to refer any other standard book or other material available. In case student finds no recommended readings for any topic of the syllabus, the students may refer any standard book or other material available. The students are also advised to refer E-Resources.
2. The students shall also refer and study the latest amendments in the concerned law. Such amendment in law shall become a part of a syllabus of concerned subject and shall be operative with effect from the academic year immediately next to the academic year in which amendment in the concerned law becomes operative.
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