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Trending: Call for Papers Volume 3 | Issue 2: International Journal of Advanced Legal Research [ISSN: 2582-7340]

Legal and human consideration during investigation with special references to health and safety consideration

During the study, legal and human factors are taken into account, as well as social references to health and safety. Crime analysis is a problem-solving task with several dimensions. When an officer arrives at a crime scene, he or she is frequently forced to make split-second decisions, sometimes affecting life and death, based on little information in a dynamic context of ongoing events. Following the conclusion of a criminal event, the investigator is expected to preserve the crime scene, gather evidence, and design an investigative plan that could lead to the formation of reasonable grounds to identify and arrest the murderer or perpetrators. To handle these problems, police investigators use investigative methods to establish investigative strategies and prioritise replies through training and experience keeping in mind the safety and health of the human being.Criminal probe is a set of thinking skills as well as a set of task skills. All the small details have to be mentioned and taken into consideration while investigating.The ability of an investigator to solve a cold case and a prosecutor to bring the perpetrator to justice is contingent on your ability to locate relevant images and reports decades after the original offence.

Legal Consideration – Forensic science is the intersection of science and law

The Indian legislature provides a single criminal law for all of its residents, governed by the Indian Penal Code, 1860, which governs the substantive aspects of criminal law, and the Criminal Procedure Code, 1973, which governs the procedural parts of criminal justice.

We have a precise mechanism for punishing an offender and defining the country’s misdeeds, but no measures for determining who is a true offender. The Indian legal system is founded on the principle that a hundred criminal people should not be acquitted, but one innocent person should not be. Applying this theory to numerous victims can result in unfairness, as offenders will not come to the police on their own, and the Indian police or legal system will have no other option except to rely on direct evidence against the culprit.

As a result, when a circumstance happens with no direct proof, the outcome can be predicted. In general, forensic law refers to the use of forensic scientists to examine physical traces of a human person that can be used to identify a criminal during an inquiry. To investigate the evidence and compile a forensic report, a number of laboratories and bureaus were established. Chemical Examiner’s Laboratory in Madras, established in 1849, was established to isolate, detect, and assess various venoms in the human system. In the nineteenth century, the Criminal Investigation Department (CID) and the Anthropometric Bureau were founded to keep anthropometric records of criminals. In 1897, the world’s first fingerprint bureau was founded in Calcutta, India. A diagnostic department, a fingerprint section, a ballistic laboratory, and a state forensic science laboratory, among other things, were also established. Despite the fact that these have been developed at such a young age, we still lack real advancement in our science, and as a result, many criminals are acquitted due to limits in the application of forensic science in courtrooms.

As technology advances, so will the analysis and interpretation of physical evidence recovered from crime scenes. Properly documented and preserved evidence will become even more important. The fact that investigators take an objective, thorough, and careful approach influences the ultimate legal importance of this scientific data. The purpose of this procedure is to identify and save tangible evidence that will provide accurate information to aid in the investigation.

Hazards and crime scene

The dangers and safety difficulties associated with reacting to a crime scene are an area that merits further emphasis through basic skills training workshops and publications. Personal and occupational safety are always top priorities when it comes to preventing exposure-related injuries and diseases. When attending to a crime scene, the investigator or specialist may encounter one of three categories of risks or unsafe circumstances. Bio-risks, chemical hazards, and physical hazards are all possibilities. A hazard is a condition in which there is a lack of safety or a high level of risk. In any occupation or profession, the first priority to observe is safety and security. An investigation and processing of a death scene in a huge agricultural field that had recently been treated with agricultural pesticides will cause injury. Amongst the most application areas of forensics is really in post-mortem examinations, which include examining a deceased person to identify the cause of death. Experts must be involved in determining the cause of death, and throughout this process, the forensic scientist must be extremely cautious and meticulous, as well as maintain his personal perspective in mind when executing the autopsy operation, which requires a great deal of effort.

When the scene is in its original, as found condition, demonstrative evidence such as photographs, models, charts, and visual aids are typically given to help a witness explain what he or she saw. Physical evidence collected at the scene and taken into the courtroom where the item may be seen by the jury is known as substantive evidence. When tangible evidence cannot be brought into the courtroom for one reason or another, a photograph can be used as substantial proof.Officers, forensic scientists, evidence technicians, and medical workers are meant to be unbiased witnesses who have no stake in the outcome other than reporting what they have seen and heard from reputable sources with first-hand information.

Investigation And Criminal Prosecutions Inside the field of health and safety

The collecting and analysis of physical evidences existing in many forms (chemical, biological, and physical), as well as their subsequent analysis in the laboratory, is an important aspect of forensic science process. Investigation of clandestine drug laboratories, personal contact with hazardous biological agents, and exposure to latent fingerprint generating chemicals and materials, among other things, are expected and may pose occupational health concerns to those involved. A prosecutor will make every effort to offer the finest evidence possible. In some circumstances, eye witness testimony will be required. In some circumstances, this may include testimony accompanied by photographs and other visual aids. Regardless of their technical excellence, photos that cannot be admitted because the photographer did not do his job properly are worthless.

Investigators who expertise in reassembling crime and accident scenes go to considerable extents to interview witnesses, review available reports, gather old photographs, confirm weather conditions, determine the height of the sun and the phase of the moon, and so on, all while keeping the victim’s safety and health in mind.

Mechanism of death has to be known and for that investigator have to keep eyes on small details .The cause of death is the event or agency that ultimately caused the deceased to depart from this world. A gunshot wound to the chest might be the cause. The mechanism is how the bullet brought about the victim’s demise. It could be through loss of blood, damage to internal organs, infection, etc. The manner of death can be classified as natural, accidental, murder, suicide or undetermined. All the necessary details of the investigation needs to be recorded and performed with utmost care and safety. Investigators should treat the murder investigation as if it were their last chance to save and recover these tangible clues.In their objective appraisal of the situation, they should carefully analyse additional case facts or statements from witnesses or suspects.During such an investigation, the route of the investigation may shift several times, and physical clues that were previously deemed to be irrelevant may turn out to be crucial to a successful resolution of the case.

Legal provision backing criminal investigation

Despite the fact that forensic science has made a significant contribution to the criminal justice system, the law’s limitations cannot be overshadowed. There has been a long-running discussion about the accused’s health and safety. Article 20(3) of our constitution stipulates that a person accused of a crime cannot be forced to testify against himself. This essay was written to safeguard the accused from mental harassment while the police investigation was underway. However, it has been discovered that police officers are abusing and viciously beating the accused in order for them to testify as their own witness. Deaths in custody and police violence have increased, and the situation is not being investigated properly. No one is forced to answer any inquiry or produce any document that can be used against them in a court of law under this right. It is essential that human rights of the accused are not violated during the whole process of interrogation.

There has been much discussion about whether or not requesting DNA and fingerprint analysis is a violation of the accused’s legal rights. In the case of State of Bombay v. Kathi Kalu Oghad and Anr., the Supreme Court declared that ordering anybody to provide evidence at the scene such as fingerprints, blood, or hair semen does not violate the requirement of art. 20. (3).

Another point of contention was the legitimacy of narco-analysis. In the sphere of criminal investigation, narco-analysis is a novel development. However the question is whether narco-analysis evidence is consistent with the law of justice. The investigation team uses this strategy to try to get statements from a semi-conscious person that can be utilised as evidence. This procedure raises various legal and ethical concerns. Some argue that it violates Article 20 of the Indian Constitution, which prohibits self-incrimination.

The constitutional viability of the narco analysis was confirmed by the Supreme Court in one of its decisions. In addition, several changes were made to the Indian Evidence Act and the Criminal Procedure Code in 2005. Lately, in 2006 Selvi and Ors. v. State of Karnataka and Anr the court decided that because the person delivering statements in a brain mapping or narco-analysis test is in a semi-conscious state, they cannot be regarded conclusive and so cannot be included in the mandatory inquiry process. Furthermore, Section 164A of the Code of Criminal Procedure allows the medical examiner to examine the rape victim within twenty-four hours also Section 53 of Criminal Procedure Code,1976 -According to the law, a person accused of a crime can be ordered to undergo a medical examination if the officials believe the examination will help them prove their case.

For many courts, forensic evidence has  potential to recognise the culprits and judges have offered and relied on the evidence and gave opinions as well. Courts, on the other hand, are not bound by the reports and may rely on other evidence. The court’s aversion to forensic evidence – Because even the investigating officer is inexperienced and uninformed, a technological topic like forensic evidence is still underutilised. To date, investigations have been conducted using antiquated, non-scientific methods. Because the investigating officer is the first respondent to the crime, a lack of scientific knowledge poses a severe threat to the justice system’s fairness.

Justice is served through forensic reports

To no one, justice comes with a single click or a blink. It necessitates a remarkable number of actions. Many individuals are misled by Hollywood movies or various web series that depict situations being handled in less an hour, including commercials. Reality isn’t the same as fiction. Serving justice to an individual takes a lot of time, patience, energy, and numerous steps.

One of the major murder case solved by using forensic is NainaSahni Murder case also well known as Tandoor case . Sushil  ( accused ) expressed his displeasure with his wife NainaSahni’s friendship with Matloob Karim. Matloob and Naina were classmates and colleagues in the Congress. Sushil had suspicions that Naina was having an illicit affair with Matloob. Sushil returned home on the evening of July 2, 1995, to find Naina conversing on the phone and drinking alcohol. When Naina saw Sushil, she hung up. Sushil dialled the number again and was greeted by Matloob on the other end. He shot dead Naina because he was furious. He transported the body to a Bagiya restaurant and attempted to discard of it with the help of the restaurant owner, Keshav Kumar. The body was then burned in a tandoor (clay oven). Keshav Kumar was apprehended by the police, but Sharma escaped. On July 10, 1995, he handed himself in.The victim’s identification was also established using DNA evidence in this case. According to the lab report, “blood samples preserved by the doctor during the post mortem and blood stains on two leads collected from the head and neck of deceased Naina’s body are of the ‘B’ blood group.” The DNA testing found, “The findings establish beyond any reasonable doubt that the charred body is that of NainaSahni, who is the biological offspring of Mr. Harbhajan Singh and Jaswant Kaur.” Finally, Mr. Shusil Sharma was found guilty using forensic evidence.

In the case of Kishan Chand vs. State of Himachal Pradesh the offender was prosecuted for rape of a minor aged 10 to 12 years and found guilty based on forensic evidence from experts that were substantiated by the situation. DNA profiling, Benzidine test, Gel-diffusion technique, and Acid Phosphatase test were among the techniques employed by Mandi’s RFSL. Forensic investigation of scientific samples was also kept. Human sperm was discovered on the prosecutor’s shirt and trousers thus the clothing were retained in a sealed envelope for scientific study. The scarf, money notes, and bed sheet were recovered after a police investigation. The accused was detained and medically evaluated, and it was determined that he was capable of engaging in sexual activity. A blood sample was also taken from the accused.

In the famous Nirbhaya case, all the accused were caught by the help of forensic evidences. The DNA report played major role in catching all the six offenders of the crime. This demonstrates how a forensic report can assist in case decision-making. There has been restrictive use of forensic in the judiciary. Only 5% of the cases focuses on the forensics evidences rest most of the judgements are based on non-scientific and non-Forensics evidence. This number should escalate in future by removing the loopholes.This will also lead to better and effective function of the Indian legal system.

Health and safety at crime scene

It is critical to keep health and safety at the crime scene in mind while investigating the crime scene. When an investigator goes to a crime scene, he or she must exercise greater caution and take extra safeguards. Because it entails a high level of danger. Consider a fire scene where the investigator must be extremely cautious while simultaneously seeking help from the fire department; he must ensure that he does not fall in debris because the ground is quite fragile. The investigator’s PPE is very important; he must wear slash-resistant gloves, waterproof jackets and hoods, boots, and waterproof slacks, as well as a face mask and high-visibility tabbard,disposable over suit, hydrofluoric acid gel, biohazard bags etc for security and safety purposes. An illustration of a building colliding. In this case, forensic civil and structural experts will analyse the cause of the building collapse and provide their findings to the court. The court will make a connection between the bits of evidence and come to a conclusion, and the investigator must put his health and safety first during the investigation.It is also required to use different equipment’s for picking up fragile substance.There are many acts and regulations for health and safety at the crime scene. Fingerprints powder has to be carried because concentration of drugs may lead to explosions. When analysing a body with a lot of fluid fluids, the criminal investigator must constantly be cautious because anything may happen at a crime scene, and even a minor mistake can lead to a major blunder. The importance of safety and health during a criminal investigation should not be neglected, and significant care should be taken to guarantee that successful results are obtained. The investigator is exposed to a number of substances in order to test a multitude of subjects, as well as rays that could have a deleterious impact on his eyes. All of these factors must be considered when conducting or participating in an inspection. The  investigator at every step must be careful in order to sustain the situation.

Conclusion

Health and safety during investigation  forms a essential part of monitoring process that are required to carry out. Constructive, credible, and timely investigations will be conducted. The investigator’s/investigation team’s goals are to figure out what happened and provide the reports putting your own health and safety precautions in mind. It is necessary to have a better grasp of how forensic science can be used to identify serial killers who commit crimes againstwomen and children, as well as the safety precautions that must be followed when doing so.The role of forensic science in solving crimes includes procedures such as determining the cause of death, identifying suspects, locating missing persons, and profiling criminals. Forensic pathologists use autopsies to determine the cause of death. During these procedures, they examine a person’s fluids and tissues to identify the cause and manner of death (for example, natural causes or homicide). Forensic scientists can identify suspects by analysing evidence obtained at the scene of a crime, such as fibres, hairs, blood, and fingerprints. Innocent persons are also cleared using these approaches.

Forensic science should be taught at law and medical schools, and students should be encouraged to pursue careers in the field. The government must take initiatives to raise public understanding of the role of forensic science in the criminal justice process. The advancement of research and technology, as well as the relevance of such evidence, must be taught to police, investigative officers, detectives, and scientists. Without a doubt, forensic evidence is much more reliable than other types of dural evidence. We must close the gaps in this domain, which is a boon to the criminal justice system. We must ensure that everyone participating in the legal system makes the most of the opportunity provided by forensic science. Investigating crime and crash scenes, public security and control at public events, people and asset protection, and situational awareness are all examples of public order and safety. To ensure justice for victims and public safety, having access to appropriate information intelligence, full visibility of evidence at a scene, prospective threat points, and environmental risks is critical. In an era of availability of information and instant knowledge, the lack of communication and sharing in this field is astounding.

“Forensic science offers great potential, as it draws on almost every discipline and, in doing so, creates a widespread opportunity for innovation.”

-Mark Walport

References

1.        https://en.wikipedia.org/wiki/Forensic_science

2.       https://www.heraldopenaccess.us/journals/journal-of-forensic-legal-investigative-sciences

3.       https://www.ojp.gov › nijPDF -Crime Scene Investigation: A Guide for Law Enforcement

4.       http://www.jpgmonline.com/text.asp?2000/46/4/303/250

5.       http://www.theprotector.in/role-of-forensic-science-in-the-criminal-justice-system/

6.       Mukesh and ors. Vs State of Delhi, Delhi High Court, 15thDecember 2014. Crl. A. No. 784 of 2008

7.       https://indiankanoon.org/doc/338008/

8.       https://indiankanoon.org/doc/1626264/

9.       Forensic Scientific Evidence: Problems and Pitfalls in India, SCIDOC publishers.

This blog is written by Aastha Prakash , 3rd year student of Ramaiah Institute of Legal Studies. Aastha has incredible writing and research skills. She has a deep interest in studying procedural laws, constitutional law and human right laws. She always keeps an eye for new socio-political development happening around.

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