Essentials of Forensic Science (Unit 2) PDF

Essentials of Forensic science Unit 2 Forensic medicine The term Forensic Medicine means the application of medical knowledge (all branches of medicine including laboratory examinations) for the administration of law and justice. Forensic is derived from Latin word ‘forensis...

Essentials of Forensic science Unit 2 Forensic medicine The term Forensic Medicine means the application of medical knowledge (all branches of medicine including laboratory examinations) for the administration of law and justice. Forensic is derived from Latin word ‘forensis’- a forum that was meeting place where civil and legal matters were discussed by people with public responsibility. Here doctor is expected to use medical knowledge, which is helpful in solving civil and criminal matters. For example, if a person is brought to doctor by police with history of alcohol consumption & public nuisance. The doctor has to examine the person and provide his opinion where he is under the influence of alcohol or not. The doc has to issue a certificate to police and have to collect necessary samples (blood, urine) and forward to forensic lab.  The term Medical Jurisprudence (juris = law, prudentia = knowledge) deals with legal aspect of medical practice. This branch deals with legal responsibilities of doctor while practicing medicine. For example doctor is expected to have knowledge regarding disposal of hospital waste as per the Biomedical Waste (Management and Handling) Rules 1998. Other examples include – having knowledge of the Medical Termination of Pregnancy Act, medical negligence, consent, medical ethics, professional misconduct, doctor-patient relationship, rights of doctor, etc. In other words this branch deals with legal aspects while practicing medicine.  Medical Jurisprudence:- Medical jurisprudence means legal aspects of practice of medicine. For instance, a physician while prescribing medicines for his patients is guided by certain rules and regulations. If he is negligent towards his patients, he may have to face the law. All the rules and regulations which guide a physician during his practice come under medical jurisprudence. Medical Ethics:- Medical ethics deal with the moral principles which should guide members of medical profession in their dealings with one another, with their patients and with their State. For instance a doctor is not expected to refuse treatment to a patient on religious grounds. Similarly he is not expected to ask for a "cut" from his colleague, to whom he refers his patient for some special investigation. If he asks for a "cut", and gets it, both doctors are guilty of breaching medical ethics. History of forensic medicine One of the first instances when science was used for the detection of crime was when the Greek scientist Archimedes (287-212 B.C.) found out an interesting way to detect the amount of silver used as an adulterant in a gold crown. The king of Syracuse, Hieron II was suspicious about the purity of gold in his crown, and he instructed his court scientist Archimedes to find out a way to detect the adulteration without in any way destroying the crown. Archimedes while taking his bath discovered that all substances on immersion displace an amount of water equal to their volume, and the weight of the immersed object consequently decreases by that amount. This is known even today as "the principle of buoyancy" or the "Archimedes' principle". By cleverly applying that principle Archimedes could show that the gold crown indeed had been adulterated with silver, and consequently the goldsmith was executed. This is perhaps the first instance when forensic science was used resulting in the execution of a criminal.  In the eighteenth century, the Italian anatomist Giovanni Battista Morgagni (1682-1771) had begun dissecting the bodies of the dead and comparing the alterations in their organs with the symptoms of the diseases that had caused death. In 1761 (i.e. in the eightieth year of his life!), he published a book on the 640 post-mortem dissections he had conducted. He thus was the founder of pathology. The three great pioneers of forensic medicine to be born in the eighteenth century were Johann Ludwig Casper (1796-1864) born in Berlin, Mathieu Joseph Bonaventure Orfila (1787-1853) born in Minorca and Marie Guillaume Alphonse Devergie (1798-1879) born in Paris. They devoted their life in the study and development of forensic medicine as we understand it today, but they were all disgraced by their colleagues. Most medical professionals regarded them as intruders, exploiters of the true art of medicine, or representatives of a second-rate science tainted by crime.  Forensic medicine made rapid advances in the 19th and the 20th centuries. Newer discoveries were regularly being made. The latest forensic technique to be invented is the technique of DNA profiling (commonly known as DNA fingerprinting) perfected in 1985, by a Leicester University professor Alec Jeffreys. It enables the forensic scientists to identify an individual positively among millions of suspects. The technique is very useful in solving cases of rape, disputed paternity, putrefied bodies and so on. Inquest An inquest (from Latin in, into, and quaro, to seek or look for) is an enquiry or investigation into the cause of death where death has occurred under mysterious and suspicious circumstances. Whenever a death occurs, it is necessary to establish the cause of death. If the death is due to natural circumstances, such as a heart attack, no further investigation is required, and the body may be disposed of according to the customs and traditions prevalent in the religion of the deceased. But if death occurs under suspicious circumstances, (say a newly married bride found hanging from a ceiling fan), or if some suspicion and/or mystery is associated with the death of a person (say, a person who left for office in the morning is found dead in a field far away from his office), a detailed enquiry becomes necessary to find out the true nature, cause and manner of death. Hence the necessity of inquest.  There are four types of inquest, of which the first two are prevalent in India. The last two are prevalent in the USA: 1. The Police inquest (Conducted by a police officer) 2. The Magistrate's inquest (conducted by a magistrate) 3. The Coroner’s [Coroner used to be a special officer appointed by the government to inquire into causes of unnatural deaths] inquest (conducted by a coroner, Not followed in India now) 4. The Medical Examiner system (conducted by an official who is both legally and medically qualified) Police inquest The police inquest is held under section 174 of the Criminal Procedure Code (CrPC). In India, normally the inquest is conducted by a police officer, not below the rank of a head constable. A police officer conducting an inquest is known as an investigating officer. Whenever a suspicious death occurs anywhere, the information reaches the local police officer first of all. He immediately informs the Executive Magistrate of the area and then proceeds to the place where the body is lying. The idea of informing the Executive Magistrate is that in certain cases, the Magistrate may himself want to conduct the inquest (his inquest being fairer and superior to that of the police inquest).  If there is no order from the Magistrate to the contrary, the Police officer conducts an inquiry into the cause of death in the presence of two or more respectable witnesses of the locality. These witnesses are known as panchas, panch witnesses or panchayatdars. He also looks at the body for evidence of any injury, poisoning, etc. Based on his findings after viewing the body, as well as information received from the witnesses, he prepares a report on the probable cause of death, as judged by him. This report is called the panchnama or the inquest report. The inquest report, on an average consists of about 10 papers, but it may be as long as 50 papers or as short as just 3 papers. It all varies from case to case.  The usual papers that the report contains are:- (i) Brief facts of the case (ii) statements and opinions of two or more relatives or neighbors or friends of the deceased (iii) a sketch of the scene where the body is lying (iv) a form filled up by the police officer himself, giving details of injuries as visualized by him (v) any treatment records, if the person had been receiving some treatment for some disease or injury prior to his death (vi) a copy of the MLC (medico-legal case), if this was made at the time the patient was brought to the hospital (vii) statement of the deceased prior to his death regarding his cause of death (viii) suicide note of the deceased if this was found (ix) a copy of the First Information Report (FIR), if this had been lodged with the police (x) any other relevant paper (for instance, the railway ticket found in the deceased's wallet, if the body was found on a platform. It may indicate where he was traveling from and where to). The Magistrate's inquest The magistrate's inquest is held under section 176 of the Cr.P.C. (compare with the police inquest, which is held under section 174 of Cr.P.C.). This means an inquiry conducted by a magistrate to ascertain certain matters of fact. The law (i.e. section 176 of Cr.P.C.), specifically directs the Magistrate to hold an inquest in following four types of cases:- 1. Death occurring in police custody 2. Suicide of a woman within seven years of marriage 3. Death of a woman within seven years of marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman. 4. any death in which the police is involved in any way, such as death of a convict in jail, death in police firing, or death occurring during police investigation. The essence behind this provision is that the suspect culprit (police) himself can not be the judging authority as to who has committed the offence. Legal Procedure Bill: When a law is introduced in parliament it is called bill. Act: When bill is passed by both houses of parliament & signed by president it is called act. In 2007, a bill was introduced in parliament to regulate the conduct of clinical establishments (hospitals, clinics and nursing homes). It was called clinical establishment (Registration & regulation) bill. It was there with parliament for 3 yrs & called bill. Parliament passed it in 2010 & now called Clinical establishment Act, 2010. Code: It is a very large body of law – systematically arranged collection of laws on a subject. Two imp codes are IPC & CrPC  Rules & Regulations: specific guidelines issued to implement acts. Guidelines issues on how the rules are to be followed are called regulations. Eg: The medical termination of pregnancy, 1971 states that pregnancy can only by terminated if the woman is above 18yrs and has given consent. The format of consent form is given in The medical termination of pregnancy rules, 2003. If the consent is taken in any other form it is violation of law. Section: An individual piece of law in a code act. They are assigned numerals [eg: section 302 of Indian Penal Code (IPC) is the 302th individual law in IPC which deals which punishment for murder. Substantive law: Substance of law. Deals with crimes & their punishments. IPC is substantive law. Procedural law: Deals with procedures law enforcement authorities can adopt in order to prosecute the criminal. CrPC is procedural law. Major codes & Acts Indian Penal Code (IPC), 1860: It is a body of law which is framed by the British. Came into force on 18th Oct 1860. Classifies all possible crimes and prescribes punishments for them. It has 23 Chapters and 511 sections. Chap 16 deals with offenses affecting human body & is relevant to medical practitioners. CrPC, 1973 CrPC is a body of law which came into existence on 24th Jan 1974. It deals with power of criminal courts & prescribes procedures to be followed in criminal cases. Very few laws are relevant to medical students. Indian Evidence Act (IEA), 1872 Came into force on 15th Mar 1872 11 Chap 167 sections It prescribes rules regarding procedures tendering evidence in court of law. Applies to both civil and criminal court. Civil Procedure Code (CPC), 1908: Similar to CrPC but applicable to civil cases. Bhartiya Nyaya Sanhita (BNS) The Bhartiya Nyaya Sanhita, previously known as Indian Penal Code, forms the backbone of India’s criminal justice system. The recent amendments to this code reflect a concerted effort to modernize and strengthen the legal framework to address emerging challenges in the society. From cybercrimes to crimes against women, the revised penal code covers a wide range of offenses, each with its own set of legal implications for forensic medicine practitioners. In the context of forensic medicine, the Bhartiya Nyaya Sanhita plays a crucial role in defining the admissibility and relevance of forensic evidence in criminal proceedings. The amendments provide clearer guidelines for the collection, preservation, and analysis of forensic evidence, ensuring that it withstands legal scrutiny and contributes to the pursuit of justice.  Inspired by indigenous legal philosophies and global best practices, BNS aims to streamline legal procedures, enhance access to justice and foster public trust in the judiciary. This legislation marks a significant departure from the colonial legacy, emphasizing the protection of individual rights, fair trial processes, and proportionate sentencing. Bhartiya Nagrik Suraksha Sanhita (BNSS) The Bhartiya Nagrik Suraksha Sanhita, previously known as Criminal Procedure Code, represents a positive approach to enhancing public safety and security in India. This comprehensive legislation encompasses measures aimed at preventing and combating various forms of threats, including terrorism, organized crime, and public disorder. Forensic medicine practitioners play a vital role in the implementation of the Bhartiya Nagrik Suraksha Sanhita by providing expertise in the investigation and analysis of evidence related to security threats. From forensic pathology in cases of terrorist attacks to digital forensics in cybercrime investigations, forensic professionals contribute invaluable insights that aid law enforcement agencies in safeguarding the nation and its citizens. BNSS with a focus on preventive measures, intelligence gathering, and rapid response mechanisms, aims to safeguard citizens against emerging threats while upholding constitutional liberties. By integrating technological advancements and interdisciplinary approaches, this legislation endeavors to create a robust framework for homeland security in the digital age. Bhartiya shakshay adhiniyam (BSA) The Bhartiya Shakshay Adhiniyam, previously known as Indian Evidence Act, governs the admissibility and use of evidence in Indian courts. The recent amendments to this act reflect a concerted effort to streamline the legal process and enhance the reliability of evidence presented in court proceedings. In the field of forensic medicine, the Bhartiya Shakshay Adhiniyam establishes standards for the collection, documentation, and presentation of forensic evidence in legal proceedings. By ensuring adherence to scientific principles and best practices, the amended evidence act reinforces the credibility of forensic medicine practice and strengthens the role of forensic experts as impartial witness of truth in the justice system. BSA emphasizing the admissibility of diverse forms of evidence, including electronic data and expert testimony, it promotes a more advanced understanding of truth-seeking in judicial proceedings. Through stringent safeguards against tampering and manipulation, this statute seeks to enhance the reliability and integrity of evidentiary processes, thereby fortifying the foundations of judicial decision-making. Civil law Deals with disputes between two private individuals or parties. Salient features: Party who initiates the lawsuit (action) before court is called plaintiff (claimant or complainant). The other party is defendant. The law suit is called civil case or civil suit. Generally redresses a private wrong such as breach of contract, negligence or to enforce civil remedies such as compensation, divorce. Eg : Doc D negligently places tight plaster over patient P leg which leads to paralysis of leg. He brings a suit against the doc for compensation of 10 lakhs. Patient is plaintiff, Doctor is defendant. Case is cited as P vs D.  An appeal is a request made to higher court by party dissatisfied with judgement of lower court (civil or criminal court). Party who files appeal is called appellant, the other party is called appellee (or a respondent). A cross-appeal is an appeal brought by appellee. Eg: Suppose the district court favors patient P and asks doc D to pay 1 lakh (not 10 lakhs) compensation. D may appeal to high court against the judgement. Doc is now the appellant and patient is appellee, the case would be now D vs P. P at the same time might think that 1 lakh is too less compensation. He may file cross-appeal arguing that he should be paid 10 lakhs. Common law Law developed by judges through decisions of courts. Also called case law. The supreme court created a common law by ruling that in medical negligence cases, the police can initiate action against doctor only after they have obtained a medical opinion from a govt doc. The doc accused of negligence may not be arrested in routine manner. So now in all negligence cases, the police first takes medical opinion from govt doc regarding actual existence of negligence and then only proceeds. Criminal law Criminal law deals with offenses which are against public interests (eg. Offenses against person, property, public safety, security of state etc). In such cases the party does not approach court directly. It lodges a complaint against with police (on behalf of state) initiates action against the guilty. Here State becomes the accusing party and the lawyer is called Public prosecutor. Fundamental purpose of criminal law is to punish individuals who commits crimes (as contrasted to fundamental purpose of civil law which is to grant compensation to affected individual). Civil case v/s Criminal case Civil case is private fight between two individuals (eg Patient & Doc). Criminal case is fight between the State & Individual. (eg State trying to prosecute doc) Eg Doc D negligently kills patient P. The family of patient files police complaint. State initiates action against D under S304A of IPC. The case is called State vs Doc Courts of law Courts of law are of two types: Civil Criminal There are 4 types of criminal courts: Supreme court High court Sessions court Magistrate court  Supreme court Located at Delhi and is the highest judicial tribunal in the country. Supervises all the courts in India. For criminal cases, it acts as appeal court. No criminal case can be initiated in supreme court. It can sustain or alter the judgements of other lower courts. High court Located in capital of state It deals with appeal criminal cases. Confirms death sentence passed in sessions court.  The Sessions Court  Usually located at district headquarters.  The court of sessions is presided by a senior judge known as Principal courts of sessions and other courts of sessions are called as Additional Courts of Sessions. The Sessions court can pass any sentence authorized by law; however, death sentence passed by it must be confirmed by the high court.  Magistrate’s Court They are of three types namely: 1. Chief Judicial Magistrate 2. First Class Judicial Magistrate 3. Second Class Judicial Magistrate Punishments As per section 53 of IPC, the various punishments that can be awarded are: Death sentence  Imprisonment for life (regarded as equal to 20 years in prison) Imprisonment- either- rigorous (with hard labour) or simple  Forfeiture of property Fine Fine and imprisonment may be awarded one along with or without the other. Capital punishment refers to death sentence and in India it is carried out by hanging. Offenses The offenses may be: 1. Cognizable 2. Non-cognizable Cognizable offense refers to an offense in which a police officer can arrest a person without warrant from the Magistrate. Examples are – rape, murder, dowry death, ragging etc. In non-cognizable offense, for arrest of a person, a warrant from the Magistrate is necessary without which a police officer cannot arrest a person. Medical Evidence Evidence means and includes 1. All statements which the court permits or requires to be made before it by a witness in relation to matters of fact under inquiry (such statements are called as oral evidence). 2. All documents produced for the inspection of the court (such documents are called as documentary evidence). Medical evidence is of following types: 1. Documentary evidence 2. Oral evidence  Documentary Evidence It comprises of documents produced before the court and includes: 1. Medical certificate 2. Medico-legal report 3. Dying declaration  Medical Certificates  These are the certificates issued by the doctor regarding ill-health (sickness certificate), unsoundness of mind, death certificate, birth certificate, fitness certificate etc. These certificates are the simplest forms of documentary evidence. Only certificates given by registered medical practitioners (RMP) registered with state medical council are accepted in the court of law as evidence. Doctors should exercise due care while issuing such certificates. Issuing a false certificate is an offense.  Medico-legal Reports Medicolegal reports are the documents prepared and issued by doctors on the request of the investigating officer (Police or Magistrate), usually in criminal cases such as assault, rape, murder etc. Examples of such reports are: Injury certificate, age report, postmortem reports, reports regarding examination of exhibits such as weapons, clothes etc.  Generally these reports are made of three parts viz.: 1. Part I – Introduction (Preamble): Comprising of preliminary data such as name of person, age, sex, address, identification marks, date and time of examination etc. 2. Part II – Examination (Observation): Consisting of the findings observed and recorded by doctor and entered in the report. 3. Part II – Opinion (Inference): Consisting of opinion or inference drawn by the doctor from the medical examination.  Dying Declaration A dying declaration is a statement, verbal or written, made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death (Section 32 IEA). Whenever such patients are admitted and who are going to die, the doctor should call the Magistrate to record dying declaration. Before recording the statement, doctor should certify that the person is conscious and have sound mind (compos mentis). If the dying person is serious and there is no time to call the Magistrate, then doctor should record the dying declaration. When doctor or Magistrate is not available, dying declaration recorded by investigating officer is also admissible under section 32 of IEA. No oath is administered while recording a dying declaration since it is believed that the dying person tells the truth only.  Procedure of Recording The dying declaration, if possible, should be written by the person who is recording it. The statement should be recorded in the man’s (dying man’s) own words and in the language in which the person prefers to speak. It must be recorded in the presence of two or more witnesses. No addition of words or phrases should be made or altered. No prompting or suggestions should be made and no undue influence must be placed on the person. No information must be sought by asking leading questions. After recording a declaration, it should then be read over to the declarant who should affix his signature or thumb impression. The doctor and witness should also sign the declaration. While recording a statement if the person becomes unconscious, the doctor recording it must record as much information as he has to obtained and sign it.  If the person prefers to write the statement himself then the statement should be signed and attested by witness.  If the person is unable to speak and can only make signs in answer to questions put to him then the questions and signs can be recorded as verbal statement. The dying declaration should be forwarded to the Magistrate in a sealed envelope. A dying declaration can also be written in ink on hand also. A dying declaration is accepted in court as evidence after the death of a person who made it. However, if the declarant (person who make the statement) survives, the declaration is not admitted as dying declaration but the declaration has corroborative value. Oral evidence It means statement made by the witness verbally in the court. As per Section 60 of IEA, the oral evidence should be direct i.e. it is to say: 1. If it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it; 2. If it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it; 3. If it refers to a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that manner; 4. If it refers to an opinion or the grounds on which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds.  In other words, oral evidence is direct evidence of a witness regarding what he had seen, heard or perceived. Oral evidence is more important and superior than documentary evidence because: 1. It has to be proved on oath or affirmation and 2. It can be subjected to cross-examination. Witness Witness is a person who gives sworn testimony or evidence in the court of law in relation to matters of fact under inquiry. Any person can testify as witness or give evidence in the court if the said witness is able to understand the nature of questions put to him or is able to give rational answers to the questions asked. Such difficulty may arise in witnesses who are of tender age (say for example boy of 6 years) or of extreme old age or affecting from any disease of body or mind. There are two types of witnesses and they are: 1. Common 2. Expert  Common Witness  Common witness is one who testifies or gives evidence to the facts observed or heard or perceived by him.  The common witness cannot draw inferences or form opinions. Expert Witness  An expert witness is a person who, by virtue of his professional training, is capable of forming opinions or draws conclusions from the facts observed by him or noticed by others.  Examples are doctor, handwriting expert, fingers print expert, ballistic expert, and chemical analyzer.  A doctor is both common and expert witness. For example, if a doctor is giving evidence in relation to injuries, when he mentions size, shape or position of injury he is acting as common witness.  When the doctor says that the injury is antemortem or postmortem, caused by such type of weapon etc. then he is acting as expert witness.  The Indian Medical Council Act 1956 in section 15 (2)(C) states that no person other than a medical practitioner enrolled on a state medical register shall be entitled to give evidence at any inquest or in any court of law as an expert under section 45 of IEA on any matter relating to medicine. Procedure in court When a doctor is called in the court of law as a witness, he has to take oath before tendering his evidence. The evidence is recorded in the following sequence (Section 138 of IEA) 1. Oath 2. Examination-in-chief 3. Cross-examination 4. Re-examination 5. Questions put by the court (Judge). Examination-in-Chief It is carried out by the council (Lawyer) of the party who called the witness (Section 137 of IEA). In government prosecution cases say for example in murder case, the public prosecutor (Government lawyer) first examines the doctor to elicit the findings of case under inquiry. Objective of this examination is to put all the facts before the court. No leading questions are allowed in this part of examination. Leading questions are the question that suggests the answer (Section 141 of IEA). For example “doctor, was the injury caused by sharp cutting weapon?” is a leading question and the suggested answer may be “yes” or “no”. The proper way to put the question is “doctor, what weapon would cause this injury?” Cross-Examination In this part of examination, the lawyer for the opposite party (Lawyer for accused or Defense council) questions the witness. Objectives of this examination are: To elicit facts favorable to his case. To test the accuracy of the statements made by the witness. To modify or explain what has been said. To discredit the witness. Leading questions are permitted during cross-examination (section 143 of IEA). There is no time limit for cross-examination. Re-Examination The lawyer who has started the examination-in-chief has the right to re-examine a witness. Objectives of re-examination are to explain any ambiguities or correct any mistake or add details to the statements the witness has made in cross-examination. Leading questions are not allowed in re-examination. No new things or new subject may be introduced by the witness without the consent of the judge or the Defense counsel. If new subject have been introduced in re-examination, the lawyer of opposing party has the right to re-cross-examine a witness on the new matter. Under section 311 CrPC, the court is empowered to recall, re- examine any witness already examined if his evidence appears to be essential to the just decision of the court. Court Questions The judge or the presiding officer of the court may put the question to witness during any stage of examination to clear up any doubtful points. PERSONAL IDENTIFICATION Identification means determination of individuality of a person. Thus identification deals with the recognition of person. It is done in living person or dead by recognizing certain features or characteristics that are unique to that person. Identification may be: 1. Complete 2. Partial Complete identification is also called as absolute identification and refers to the perfect fixation of individuality of a person. Partial identification is also called as incomplete identification and implies ascertainment of only some traits or characteristics regarding the identity. Medicolegal importance I. In Living Persons: A. Civil cases: 1. In impersonation or false personification cases in relation with: Inheritance of property Pension Life insurance Voting rights Passport 2. Disputed identity in cases of divorce or nullity of marriage 3. Missing person 4. Lost memory patients. B. Criminal cases: 1. Identification of accused in criminal offenses of assault, murder, dacoity, sexual offenses etc. 2. Absconding soldiers 3. Interchange of new born babies in hospital 4. Criminal abortion 5. To fix-up age of criminal responsibility and majority 6. Impersonation in criminal cases II. In Dead persons Identification is important to identify the individuals who died in mass disaster, air-crash accidents, fire victims, exhumation, explosion and bomb-blast injuries, mutilated and decomposed bodies and in skeletal remains. In India police have to establish the identity of a person. However, doctor may provide help by supplying certain facts or data to police, which might be helpful in identification of a person. During medicolegal examination, doctor should record at least two identification marks and the marks should be described in all certificates issued by him. Corpus delicti Accurate identification is necessary for the establishment of corpus delicti in homicide cases. The term corpus delicti means the body of offence or the body of crime or the essence of crime. In homicide cases, it is done by:  Identification of dead body i.e. the identity of victim (i.e. the person who had died).  Conclusive evidence that the death was caused by the criminal act. Corpus delicti is important since after establishment of identity of victim, a trail for murder can take place in court and the sentence can be awarded. However, cases had occurred in which commission of crime had been established even in absence of corpus delicti.  Data for identification consist of: 1. Race: Race is a population concept, which differs in the frequency of genes. There are three main types of races: Caucasoid, Mongoloid and Negroid. The particular race of a person can be determined on the basis of skull, forehead, skin colour, hair form, facial form and eye form. 2. Sex: It is easy to determine sex in normal cases from external appearance and inspection of genitals, but it becomes difficult in case of intersex, concealed sex, advanced decomposed body and in the skeleton. Sex of a person can be determined by any one of the following:  Physical morphology  Bone Study  Microscopic study of sex chromatin in cells  Gonadal biopsy  Hormonal study  Dental methods 3. Age: Age of a person can be determined by following methods: Physical or morphological features Some laboratory tests (in infants) Age estimation by teeth Age estimation by ossification activities & growth of bone. 4. Complexion and features: The complexion may be fair, whitish, coloured, dark, brown or shallow. The colour may vary in different environmental conditions. The facial features include eyes, nose, lips, chin, ear and teeth. These features may change considerably from disease, dissipation, ageing or due to stress. 5. Hair: This forms an important means of identification, as it resists decay and the effect of dyeing, bleaching, cutting or heat can be noticed. Examination of hair (form, colour, texture) is also of considerable help in crime detection as it is frequently found at the scene of crime. 6. Anthropometry and Dactylography: Anthropometric system is widely used for personal identification. It deals with the measurements of various parts of the human body. It is also called Bertillon system (Bertillonage) introduced in 1882. It is based on the principle that after twenty-one years of age no change occurs in measurement of various parts of body. Therefore, this system is applicable to adults only. Dactylography, also known as fingerprint system and consists of taking the impressions of the bulbs of the fingers and thumbs on an unglazed white paper and examining with magnifying lens. It is based on the principle that skin of the balls of the fingers and thumbs is covered with particular ridges, the arrangement and distribution of which remains constant throughout life. 7. Footprints: Footprints are impressions of foot or footwear left behind by a person walking or running. The careful observation of a footprint reveals many interesting facts regarding his/her mode of walking or running and may be as specific as a fingerprint. 8. Deformities: Deformities are good source of identification both in dead and living. It may be congenital or acquired. Congenital deformities include cleft-palate, super-numerary fingers or toes, web-fingers or toes, birth marks and moles whereas acquired deformities are malunited and ununited fractures of the bones of extremities. 9. Scars: A scar is a fibrous tissue covered by epithelium formed as a result of the healing process of a wound or injury in which there has been a breach of continuity of substance. They may be linear, broad, circular, and irregular depending on the original wound. They can also help in finding out the cause of injury. E.g. wound of a shot. 10.Tattoo Marks: Tattoo marks provide wide information about the person possessing them. Their designs vary from initials to Gods of worship and even those indicating emblems of moral depravity art. They can be permanent or temporary. Sometimes tattoo marks may be superimposed over the old ones to obscure the identity. 11.Occupation Marks: Occupational marks are helpful in identifying a person as certain occupational work leave marks on hand/feet by which individuals involved in them may be identified e.g. horny and rough hands are noticed among the persons who do hard manual labour. 12.Handwriting: Handwriting is another good source of identification, especially in case of questioned or altered documents. Alterations in handwriting can be noticed in case of mental and nervous disease, tremors, and rheumatic diseases of joints of hand. Different patterns of handwriting are also noticeable in case of variations in nationality, occupations and ethnicities. 13.Handwriting: Handwriting is another good source of identification, especially in case of questioned or altered documents. Alterations in handwriting can be noticed in case of mental and nervous disease, tremors, and rheumatic diseases of joints of hand. Different patterns of handwriting are also noticeable in case of variations in nationality, occupations and ethnicities. 14.Speech and Voice: Peculiarities of speech e.g. stammering, stuttering, lisping and nasal twang assist in the process of identification. Voice is also affected in nervous diseases, such as cerebrovascular episodes, general paralysis of the insane and disseminated sclerosis. 15.Tricks of manner and habit: This form of identification is generally hereditary e.g. repetitive jerky movement of the shoulder or muscle of the face. 16.Mental Power, Memory and education: Identification based on these points are also helpful in establishing the identity of person especially in case of imposture. 17. Miscellaneous Methods of Identification: Electrocardiogram or vectocardiogram may be useful in the identification of individuals as no two cardiograms are alike. DNA fingerprinting and lip prints are other modern methods of identification. Medicolegal Autopsy Autopsy means (autos = self, opis = view) to see for oneself. Necropsy (necros = dead, opis = view) is most accurate term for the investigative dissection of the dead body, but the term autopsy is commonly used and is more popular. Postmortem (post = after, mortem = death) examination is an alternative term used but suffers from lack of precision about the extent of examination. Types of autopsy Clinical autopsy (pathological autopsy or academic autopsy) Medicolegal autopsy (forensic autopsy)  Clinical Autopsy: It is done by Medical Practitioner or treating doctor with the consent of relatives to know the diagnosis or to confirm the diagnosis. Here the autopsy may be complete or incomplete (partial) depending upon the consent obtained for that part of body. It is not done under legal obligation therefore no requisition from police is required. For doing clinical autopsy, consent of relatives is must. Without consent, a doctor cannot proceed for clinical autopsy.  Medicolegal Autopsy Medicolegal autopsy is a scientific examination of a dead body. It is carried out under the laws of State only on the requisition of a legal authority responsible for the investigation of sudden, suspicious or unnatural death. The legal authority is usually a police officer not below the rank of sub-inspector or an Executive Magistrate. Medicolegal autopsy is also called as forensic autopsy. But popular term for layperson remains postmortem examination. Rules of Medicolegal Autopsy Medicolegal autopsy should be conducted by Registered Medical Practitioner only. Medicolegal autopsy should be conducted only on receiving official order (requisition) from the competent authority (i.e. police or magistrate) authorizing to conduct autopsy. The autopsy should be conducted at the earliest Whenever dead body is sent for medicolegal autopsy, it should be accompanied by a dead body challan and an inquest report. A dead body challan is a requisition submitted to doctor by investigating officer and contains name, age, sex, address along with probable date and time of death, date and time of examination of dead body. An inquest report is preliminary investigation to ascertain the matter of fact, the details of body, presence of any injury etc.  The autopsy should be done at authorized center, preferably well- equipped mortuary. The doctor-conducting autopsy should carefully read the inquest report and requisition along with treatment record, if available. The body should be identified by police accompanying the body No unauthorized person should be allowed to be present at autopsy Autopsy should be done in daylight because colour changes such as jaundice, changes in discoloration, postmortem artefacts, changes in postmortem lividity etc. cannot be appreciated in artificial light. Video recording – in case of death occurring in custody, video recording should be done and the video film/tape should be send to the Chairman, National Human Right Commission, New Delhi by doctor himself. Visit to scene of crime – if it is possible, visit to scene of crime by doctor should be practiced and is often beneficial and fruitful Autopsy Report The autopsy report consists of following parts 1. Introductory part or preamble – in this part name, age, sex, and residence of deceased is mentioned. The place from where the body was brought, date and time of examination of dead body, mention of authority ordering the examination are included. 2. Examination part – it consists of external examination and internal examination and findings recorded by doctor. 3. Opinion or conclusion – the opinion regarding the cause of death is given. The opinion is deduced from autopsy findings. Autopsy Procedure It consists of external examination and internal examination. External Examination Examination of clothes for any stains, soiling material, foreign material, any cut marks, tears, stab marks, loss of buttons etc. Identity – in case of known body, police constable accompanying the body should identify body. If feasible, relatives can also be asked to identify the body. In unknown bodies, record identification marks like mole, tattoo, scars, deformity, fingerprint etc. The investigating officer may be requested to have photograph and fingerprints of body  Internal Examination Internal examination includes dissection and examination of 1. Cranial cavity 2. Thoracic cavity 3. Abdominal cavity 4. Dissection of spinal cord (when indicated) 5. Dissection of extremities (when indicated) Incision For Head Coronal incision – is more preferable and easy type of incision. The incision begins from behind the ear and extends upwards on either side to meet coronally on head.  For Trunk Depending on the need, an autopsy surgeon can use the incision. I-shaped incision – a straight incision is made from the chin (symphysis mentis) to pubis (symphysis pubis). It is commonest method used. Y-shaped incision – it begins at a point close to acromial process and extends down below the breast and then medially across the xipiod process. A similar incision is made at opposite side of the body and from xipiod process the incision is carried downwards in a straight line to the pubis. Modified Y-shaped incision – a straight incision from sternal notch to pubis is made. Now this incision is extended from suprasternal notch to the mid-point of clavicle and then upwards towards the neck behind ear. Exhumation Exhumation means to dig out corpse from the ground. It is a lawful process of retrieval of previously buried body for postmortem examination. The term should be restricted to the removal of a body interred in a legitimate fashion in the graveyard. Exhumation is carried out with following purpose 1. Identification 2. For second autopsy when first autopsy report is doubtful or ambiguous 3. In civil cases – such as for insurance purpose or negligence cases 4. Disputed cause of death 5. Suspected foul play The exhumation is carried out only on receipt of written order from the Executive Magistrate or Judicial Magistrate.  The procedure of digging out should be carried out under supervision of the Magistrate and in presence of medical examiner and police. The grave should be identified properly. The grave is then dug out carefully. The coffin should be identified. The body is lifted out and should be identified by relatives. The condition of clothes should be noted About 500 gm of soil from actual contact of body from above, lateral sides and below should be collected for chemical analysis in suspected poisoning. Hairs from head and pubic region should be collected The body is shifted for postmortem examination. The autopsy procedure should be carried on same line as that of routine autopsy.