Evidence

Question 1

Forensics Intro

Answer 1

With the development in science and technology, forensic science forms an important part of an investigation is both civil and criminal matters. They are used to identify individuals and link them to the victim or the crime scene

Question 2

Footprints - unique for all?

Answer 2

1. Just like fingerprints, the footprint of every individual is unique due to the difference in ridges and patterns and can be used for identification.
2. It provides valuable information about the biological traits of the culprit, like gender, stature, gait, or any possible deformity.
3. Shoeprints can be studied to provide information regarding the ridges, cuts, or any associated sign of wear on the shoe to match the shoe of the possible culprit.

Question 3

Footprints crpc

Answer 3

The legislative framework of India permits the footprint of an accused to be taken as evidence. Section 51 of the Code of Criminal Procedure permits the police to take into custody the shoes of the accused as evidence for comparison with marks found on the crime scene

Question 4

Footprints identification of prisoners act

Answer 4

The Identification of Prisoners Act allows the taking of measurements of any person arrested in connection to an offence (for which the punishment is imprisonment for a year or more). These measurements include fingerprints and footprints. Under Section 5 of the same Act, the magistrate is empowered to direct any person to submit their footprints for the purposes of any investigation or procedure under the CRPC.

Refusal to comply is deemed to be an offence under Section 186 of the Indian Penal Code

Question 5

Constitutionality of foot prints

Answer 5

The Supreme Court has ruled in State of U.P v Sunil, that directing an individual to give footprint for corroboration of evidence is not against the right of protection against self-incrimination guaranteed by Article 20(3) of the Indian Constitution.
Impression evidence is used for the identification of a person and is not considered as “being a witness” against oneself.
It is significantly distinguishable from techniques like narco-analysis where subjects are induced to speak in a drug-induced state.
Further, the same Court ruled that refusing to comply with the direction of submitting impressions may lead to adverse inference being drawn by the Court against the accused.
However, an accused cannot be convicted solely on the basis that he refused to comply with the direction.

Question 6

Evidentiary value of Footprints

Answer 6

1. Evidence related to footprint is circumstantial and weak in form.
2. Back in 1997, the Supreme Court had held in Mohd. Aman v State of Rajasthan, that footprints are not a developed science and they cannot be safely relied upon.
3. The evidence can only be used to reinforce the conclusions regarding the identity of a culprit that has already arrived at based on other evidence.
4. Recently, it has been ruled that evidentiary value of footprint evidence is not well-established and in the absence of any other reliable evidence pointing towards the identity of the culprit, the footprint evidence could not be used - Ram Singh v State of Rajasthan

Question 7

Conclusion

Answer 7

1. There is a need to continue research to improve the accuracy of footprint analysis to increase confidence in Courts regarding the reliability and accuracy of footprints and form detailed databases about the same.
2. The advantages of development in technology and science must be assimilated into the justice system to yield better results.
3. Footprint analysis can prove to be a very useful tool in criminal investigations to apprehend criminals and convict them in the court of law.

Need to develop the science more - can be helpful tool in criminal investigations

Question 8

S 51(1) crpc

Answer 8

Section 51. Search of arrested person.
(1) Whenever a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail, and whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing-apparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person.

Question 9

S 51(2) crpc

Answer 9

(2) Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.