THE INDIAN POLICE

July-September, 2011 JOURNAL Vol. LVIII • No. 3 ISSN 0537-2429 IPJ

Forensic Audit Board of REFEREES

Opinions expressed in this journal do not reflect the policies or views of the Bureau of Police Research & Development, but of the individual contributors. Authors are solely responsible for the details and statements made in their articles.

Website: www.bprd.gov.in The Indian Police Journal July-September, 2011 l Vol. LVIII l No. 3 Editorial Board CONTENTS Shri Vikram Srivastava, IPS, DG, 1. Editorial 2 BPR&D, Chairman 2. Analysis of Problems related to Forensic Examination 4 in Offences against Human body and need for Auditing Shri K.N. Sharma, IPS, ADG, A. Dutta, R.C. Arora, IPS & Dr. P.C. Sarmah BPR&D, Member 3. Cyanide: A Versatile Terrorist’s Chemical Weapon and its 38 Counteract Preparedness Shri S.P. Vaid, IPS, Amarpal Singh, Gungun Saxena, Gurvinder Singh IG/Director (Training), Member Bumbrah and Others

4. The Scope of Artificial Intelligence in Forensic Science 46 Shri Radhakrishnan Kini, IPS, Swapnil R. Kamdar & Ms. Astha Pandey IG/Directior (Research& CA) Member 5. Source Identification of the Inks used in Printing of 50 Counterfeit Indian Banknotes Seema Srivastava, Mohd. Idris & Asim Kumar Srivastav Dr. Ish Kumar, IPS, IG/Director (NPM), Member 6. Codec Impact on Voice Spectrographic Features: 59 A Forensic Study D.P. Gangwar, Sanjeev Thakur & S.K. Choudhury Dr. M.K. Chhabra, IPS, IG/Director, (Modernisation) Member 7. Nanoparticle-Size Fingerprint Dusting Compositions 62 based on Crystal Violet Dye Ms. Daisy, Dr. D.J. Singh & Dr. G.S. Sodhi Shri Desh Raj Singh, IPS, DIG/Deputy Director (Training) 8. Differential-Pulse Anodic Stripping Voltammetry (DPASV) 67 Member Determination of Lead (Pb) Heavy Metal in Blood Dr. A.K. Jaiswal, Dr. M. Gupta & Harsha Rohira

Dr. B.V. Trivedi, Member, 9. Psycho-Physiological Basis of the Forensic Assessment 73 DD (R and CA) Dr. Asha Srivastava & Aman Yadav

10. Investigation of Railway Accidents 79 Dr. J.R. Gaur

Editor 11. Incorrigible Corruption 83 Gopal K.N. Chowdhary, IIS Dr. N. Dilip Kumar, IPS

July - September, 2011 1 The Indian Police Journal

Forensic Auditing

HE discipline of forensic science and its tools & techniques must be factored in to deliver justice to the offended member of the society and punishing the criminals. This has become Tmore imperative in the backdrop of criminals and terrorists using state-of-the-art technology and gadgets to execute their nefarious designs, which usually result into criminals getting away the noose of law and terrorist’s trail going cold. This creates a sort of vicious circle: more offenders are let free without being punished and more terrorist’s trails going cold, more crime and terrorist acts follow.

This can be checked by using state-of-the-art tools and techniques of forensic science and medicine. It is for this reason that policy makers and stakeholders of internal security world over in general and that of India in particular have turned their attention towards forensic science & medicine, and allocated substantial fund & manpower for upgrading the forensic science facilities.

In this issue of Indian police Journal (July-Sep, 2011), we have discussed various issues, problems and prospects of forensic science. The foremost issue befacing criminal justice system is that criminals and terrorists more often than not dodge the long arm of law due to omission and commission in following the thumb rules and practices of forensic science and forensic medicine discipline, and various pre-requisites & conditions as laid down by the Constitutional Courts and Subordinate ones for trial of the accused.

The lead paper titled as ‘Analysis of Problems related to Forensic Examination in Offences Against Human body and Need for Auditing’ by Shri A. Dutta, Shri R.C. Arora, IPS and Dr. P.C. Sarmah underlines the need for auditing in the cases where acquittal of the offenders or dismissal of cases result due to omission and commissions of thumb-rule of forensic sciences’ medicine and constitutional courts’ pre-requisites in this regard. “…..there is essential need to audit the role of police, forensic science and medical wings with an object to ascertaining their role in those cases where prosecution has failed to prove the guilt of the accused charge sheeted in the court. This audit process can be done by examining FIR Inquest Report, charge sheet, post mortem report, F.S.L. report, medico-legal reports, disposition of different witnesses during examination-in-chief and in cross examination with a perpendicular approach along with trial court judgement to find out basis for adverse comments.”

Shri Swapnil R. Kamdar & Ms. Astha Pandey, in their paper, ‘The Scope of Artificial Intelligence in Forensic Science’, urge for the use of Artificial Intelligence in Forensic Science. “We can make a better

2 July - September, 2011 The Indian Police Journal use of Artificial Intelligence in Blood Pattern Recognition & Analysis, Crime Scene Reconstruction, Digital Forensic, Image Processing, Satellite monitoring, Network & Router configuration, Narco- analysis and of course ballistics.”

The paper ‘Cyanide: A Versatile terrorist’s Chemical Weapon and its counteract Preparedness’ by Shri Amarpal Singh, Gungun Saxena, G.S. Bumbrah, Dr. Madhulika Sharma and Dr. V.K. Goyal discusses deadly potency of cyanide in a terrorist’s hand and how to counteract it

Recently the economic terrorism involving money laundering, black money and circulation of counterfeit currency notes to cripple the economy has come to the fore. This has posed serious challenge for our policy makers. Ms. Seema Srivastava, Mohammad Idris and Asim Kumar Srivastava, in their paper, ‘Source Identification of the Inks Used in Printing of Counterfeit Indian Bank notes’ deliberates upon this problem of fake currency from point of forensic angle. They have put forward a ready-to-use blueprint for identifying the source through inks used in printing of counterfeit Indian bank notes.

Shri D.P. Gangwar, Shri Sanjeev Thakur & S.K. Choudhury, in their paper, ‘Codec Impact on Voice Spectrographic Features: A Forensic study’, seek to “find out whether there is any variation in their spectrographic features due to different recorders and different formats”.

The other papers such as ‘Nanoparticle–size Fingerprint dusting Compositions Based on Crystal violet Dye’ by Ms. Daisy, Dr. D.J. Singh and Dr. G.S. Sodhi, “Differential-Pulse Anodic Stripping Voltammetry (DPASV) Determination of lead (pb) Heavy Metal in Blood” by Dr. A.K. Jaiswal and Others discus innovative methods of nanoparticle size finger print dusting composition which is based on crystal violet dye and DPASV determination of lead in blood respectively.

Dr. Asha Srivastava and Shri Aman Yadav, in their well-researched paper, ‘Psycho-Physiological Basis of the Forensic Assessment’ delve into the discipline of determining truth and detection of lies based on scientific principles. They underscore the need of “knowing the underlying processes that provide the framework for deceptive communication” based on better understanding of the nature of deception, its behavioural correlates, and its detestability.

(Gopal K.N. Chowdhary) Editor

July - September, 2011 3 The Indian Police JournalAnalysis of ProblemsThe Indian Police Journal related to Forensic Examination in Offences against Human Body and Need for Auditing A. Dutta*, R.C. Arora**, IPS & Dr. P.C. Sarmah***

Abstract Offence against human body is the biggest curse of our society, there is Keywords increase in crime rate and at the same time, acquittal of the accused is a painful phenomenon for us. As responsible members of the civilized Crime society, it should always be our endeavour that only a guilty should be punished according to the Law of the Land. Investigation The advances in Science and Technology have created opportunities for Prosecution the Criminal Justice Delivery System to improve its quality with likelihood of enhanced level of satisfaction to the litigants. Forensic Science and Trial Forensic Medicine disciplines have developed into robust and dependable tools in aid of criminal investigation to unravel the truth regarding nature Conviction Rate of the criminal act respecting its causation and person responsible there Acquittal for. In their statutory duty to adjudicate criminal liability of the accused courts have to assess the opinions rendered by the Forensic Experts with Forensic Examination reference to the settled as well as evolving principles of attaching liability Medico-legal Examination to the individuals charged with the criminal act(s). To ensure full utility of the forensic opinion for the prosecution or even for Forensic Science/Medico-legal the defence side, it is imperative that all tests carried out during forensic Expert examination of clue lifted from the scene of crime pass the muster of reliability and validity for the results obtained therefrom. The Constitutional Evidence Courts (High Courts/Supreme Court) as well as the Subordinate Courts in our country have underlined various prerequisites, which must be satisfied Witnesses before an expert opinion could be unquestionably used in the trial against Courts the person affected by it adversely or otherwise. Crime Exhibits While discussing different situations, involving application of Forensic Expert opinions as interpreted by the courts in this article, a suggestion Post-mortem has been mooted to introduce a system of audit about various aspects of forensic analysis. Ante-mortem Injuries Audit as a key tool will not only be helpful for pointing out of our default in Medico-legal Tests criminal investigation, it will also be helpful to prevent unjust acquittal of criminals as it (audit) provides ample opportunity for timely rectification. Forensic Science Laboratory Audit with reference to judgements of Courts can give the real picture for Medico-legal Jurisprudence correction and as a result thereof our Criminal Justice Delivery System will be immensely benefited. Examination and Cross- Author Intro. : examination of Witnesses * Forensic Consultant, C/o Smt. Rina Dutta, Manashi, New Jalpaiguri Gate Bazar, Opp. Shyama Enterprise, P.O. Bhaktinagar, District Jalpaiguri, West Post-mortem/Autopsy Report Bengal, Pin: 734 007. E-mail: arunava_dutta2001 @yahoo.com Audit ** DG (Prison), Bhopal, M.P. E-mail: ramesharora1154 @hotmail.com *** Prof. & H.O.D. of Forensic Medicine, SMIMS, 5th Mile, Tadong, Gangtok, Sikkim-737 102. E-mail: [email protected]

4 July - September, 2011 The Indian Police Journal FFENCE against human body is the biggest On the other hand, if we consider yearwise problem of our society, especially the IPC case conviction rate (nationwide), it is not Odistress of the victims and the relatives, indicating good performance, because some which can be further explained by the comments States have failed to achieve conviction rate of of Krishna lyer, J. in Rattan Singh v. State of even 30%. The All India conviction figures had Pubjab [(1979)4 Section 719]— reached the 42% and more because of the States “It is a weakness of our jurisprudence that like Madhya Pradesh, Rajasthan, Gujarat, etc., victims of crime and the distress of the which have shown far above national average dependents of the victim do not attract the performance. A yearwise data of IPC crime attention of law, in fact, victim reparation is conviction rate is given below: still the vanishing point of our criminal law. Sl. No. Year Conviction Rate This is the deficiency in the system, which must be rectified by the Legislature.” 1. 1998 38.2 Components like rape, murder, abduction and 2. 1999 37.4 kidnapping, etc. constitute offences against human 3. 2000 39.6 body. Hon’ble Gujarat High Court in Santokben 4. 2001 40.8 Sharmanbhai Jadeja v. State of Gujarat on 5. 2002 40.6 13-8-2007, Equivalent citations: 2008 Cri.L.J. 68 (2008) 1 GLR 497, 2008 (2) KLT 398 at para 12 6. 2003 40.1 held— 7. 2004 42.5 “…The investigation of the crime on the 8. 2005 42.5 scientific lines is to help the Investigating 9. 2006 42.9 Agency, so as to enable collection of 10. 2007 42.3 evidence to prove the guilt or innocence of the person accused of committing crime 11. 2008 42.6 as the modern community requires modern But, at the same time, it is true that conviction scientific methods of crime detection, lest rate in IPC offences in States like West Bengal, the public go unprotected.” Tripura, Orissa, Maharashtra, Bihar, Assam, Even The 39th All India Police Science Congress performance has been less than satisfactory. held at Guwahati from 19th to 21st January, 2009 laid stress on: Causes of Low Rates of Conviction (i) Specialization in investigating skills. The low rate of conviction compared to the one (ii) Successful investigation. prevailing in sixties and till mid-seventies has been (iii) Improvement in quality of investigation, etc. caused by a number of factors. In this document, A Comparative Chart depicting occurrence of we have confined ourselves to such factors as are different types of IPC (Indian Penal Code, 1860) related to forensic/forensic medical examinations crimes for the years 2008 & 1953 is presented during investigation and court trials. below: After carefully examining the important judgements Crime Head No. of IPC No. of IPC Growth of different High Courts and Supreme Court, offences offences Rate (%) some important factors have been identified as reported reported (1953 to in the year in the year 2008) are primarily connected to Forensic Science and 1953 2008 which contribute significantly to the woes of 1. Murder 9,802 32,766 334.3% prosecution, while trying to establish guilt of the 2. Kidnapping 5,261 30,261 575.2% accused. The same are given as under: and abduction A. Delay in Crime registration. 3. Riots 20,529 66,018 321.6% 4. Rape* 9,802 21,467 219.0% B. Conduct of investigation in haphazard 5. Total IPC Crimes 6,01,964 20,93,379 347.8% manner. Source: Crime in India, 2008, NCRB. C. Non-examination of important witnesses *NCRB collected data on rape since 1971 only. by prosecution.

July - September, 2011 5 The Indian Police Journal D. Mismanagement of physical evidence to be of a Police Station is statutorily obliged to lifted during investigation. register a case and then proceed to suspect E. Non-production of X-ray Report and non- the commission of an offence, which he is appearance of concerned Radiologist in the empowered under Section 156 of the Code court. to investigate, subject to the proviso to Section 157. In Section 154(1), Legislature F. Problems arising from scientific platforms. in its collective wisdom, has carefully and G. When identity of recovered skeleton was cautiously used the expression “information” not established. without qualifying the same as in Section H. Deficiencies in Post-mortem Examination 41(1)(a) or (g) of the Code, wherein the and preparation of Post-mortem Report. expressions “reasonable complaint” and “credible information” are used. Evidently, I. Problems in determining age of victims in non-qualification of the word“information” Medico-legal cases. in Section 154(1) unlike Section 41(1)(a) and J. Difference between Medico-legal Autopsy (g) of the Code may be for the reason that the Report and Medical Expert opinion. Police Officer should not refuse to record an K. Conflict between Post-mortem Examination information relating to the commission of a Report and FSL Report. cognizable offence and to register a case thereon the ground that he is not satisfied L. Miscellaneous Problems. with the reasonableness or credibility of All the above-mentioned grounds along with sub- the said information. The reasonableness grounds as underlined by various High Courts and is not a condition precedent for registration the Apex Court are discussed with appropriate of a case… an overall reading of all the case laws for appreciation of the issues involved Code makes it clear that the condition in the succeeding para. which is sine qua non for recording a First Information Report is that there must be an A. Delay in Crime Registration information disclosing a cognizable offence Delayed crime registration is generally directly is laid before an Officer-in-Charge of a Police co-related to its successful investigation insofar Station under Section 154(1) of the Code, as it could have drawn strength from forensic the said Police Officer has no other option evidence timely lifted and got examined from except to enter the substance thereof in the the experts for gainful use of findings against the prescribed form, that is to say, to register a culprits of crime. The Apex Court and various case on the basis of such information.” High Courts have also viewed very seriously the Regarding delay in registering the crime, tendency of the police to delay the filing of FIR on Hon’ble Delhi High Court in Court on its Own the basis of an information disclosing commission Motion v. State (Delhi Admn.) & Ors., 1994(3) of a cognizable offence. The Hon’ble Supreme Crimes 17(Del) at para 11 made the following Court of India in State of Haryana and others v. Ch. Bhajan Lal and Others [JT 1990(4) S.C.650] observation: has ruled that— “In fact, that is exactly my feeling in this case “At the stage of registration of a crime or a that the local police has not carried out the case on the basis of the information disclosing investigation in a fair manner and with due a cognizable offence in compliance with haste and promptitude. It did not register the the mandate of the Section 154(1) of the case on 17-12-1992 immediately on receipt Code, the concerned Police Officer cannot of complaint of Alphonsa. The statement embark upon an enquiry as to whether put in the mouth of Alphonsa by the local the information, laid by the informant, police that she did not suspect foul play is is reliable and genuine or otherwise and prima facie not correct when she is shown to refuse to register a case on the ground that be running from pillar to post to seek justice the information is not reliable or credible. and clearly spelling out her suspicion. Then, On the other hand, the Officer-in-Charge the local police did not make an attempt to

6 July - September, 2011 The Indian Police Journal lift fingerprints from the bed sheet, which copies thereof are not made over to the could have shown whether the death was complainants, they may move the concerted suicidal or homicidal. Then, the local police Magistrates by filing contempt petitions seems to have made up its mind without to give direction to the police to register even registering the case at that time that it case immediately upon receipt/production was a case of suicide (page 5, second line of copy of the order and make over copy of affidavit of SHO dated 20-2-1992). It has of the FIRs to the complainants, within also put wrong statements in the mouth of twenty-four hours of receipt/production Alphonsa at a time when she was running of copy of such orders. It may further from pillar to post for seeking justice.” give direction to take immediate steps for apprehending the accused persons and According to the study of Jalpaiguri District of recovery of kidnapped/abducted persons West Bengal discussed on 28th June, 2007 in a and properties, which were subject-matter Crime Conference held at District H.Q., Jalpaiguri, of theft or dacoity. In case FIRs are not it was shown that ensuring the recording of all registered within the aforementioned time, cognizable offences at the P.S. strictly under the and/or aforementioned steps are not taken provision of Section 154(1) of Code of Criminal by the police, the concerned Magistrate Procedure reduced the complaint cases u/s 156(3) would be justified in initiating contempt of Cr.P.C. from 6.37% to 0.63%. The recourse proceeding against such delinquent to Section 156(3) of the Cr.P.C. by the aggrieved officers and punish them for violation of complainants is taken when they fail to get their its orders, if no sufficient cause is shown complaints disclosing commission of cognizable and awarding stringent punishment like cases registered u/s 154(1) of the Cr.P.C. The sentence of imprisonment against them delay in registration of FIR, further delays lifting, inasmuch as the Disciplinary Authority preserving and sending for examination the would be quite justified in initiating evidence available on the scene of crime and this, departmental proceeding and suspending in turn, affects the chances of successful detection and prosecution of the accused persons. And, them in contemplation of the same.” this is what the Hon’ble Delhi High Court in their B. Conduct of Investigation in Haphazard observation alluded to above, have underlined. Manner This matter of reluctance of the Officers-in- Systematic investigation is key to baring the plan Charge of the Police Station towards registration and the modus operandi of a crime, which helps of FIR on information laid before him disclosing the court to appreciate the incriminating role of commission of a cognizable offence has again the accused and then to pass a judicious order come before the Supreme Court in Lalita Kumari meriting the facts and circumstances of the case v. State of U.P. and Ors. (WPC Cr 68/2008). taken in totality. On the other hand, investigation Showing their anguish against the State for not conducted in a haphazard manner leads to filing reply to the notice issued by the court on situation, which do not promote the cause of 14-7-2008 as to why the failure to register should justice being done to the parties in general and not lead to penal consequence for the Officer-in- the victims in particular. Charge of the Police Station responsible therefor, their Lordships issued the following interim In Rajendra v. State, 1993(3) Crimes 974(Mad), directions to ensure registration of an FIR on where his Lordship Thangumani, J. of Madras High orders passed by the Magistrate under Section Court at para 30 made the following observation 156(3) of the Criminal Procedure Code: in the context of haphazard investigation: “In view of the above, we feel that it is high “We express our deep anguish that a crime time to give directions to Governments of double murder like this goes unpunished. of all the States and Union Territories, In a case of this type, we expect the besides their Director-Generals of Police/ Investigating Agency to spring into action Commissioners of Police, as the case may not only to trace out and bring to book the be to the effect that if steps are not taken real culprit involved in the crime, but also to for registration of FIRs immediately and place before the court convincing evidence

July - September, 2011 7 The Indian Police Journal to connect the person arrested with the (3) The discovery must have been in crime. The haphazard manner in which consequence of some information the investigation has been done in this case received from the accused and not by leaves much to be desired. The detention of accused’s own act. the appellant in the Police Station long prior (4) The persons giving the information to his alleged date of arrest. The torture he must be accused of any offence. was to undergo, the planting of the even silver tumbler at the scene of crime, so as to (5) He must be in the custody of a Police make it appear that the thumb impression Officer. of the culprit was available there and the coercion brought upon on PW-5 Selvi and (6) The discovery of a fact in consequence the appellant to write Exts. P-4 and P-21 of information received from an accused letters, so that they could serve to project in custody must be deposed to. a motive, are all instances which show that (7) Thereupon, only that portion of the the investigation has not been done in a fair information, which relates distinctly or and straightforward manner.” strictly to the fact discovered, can be The Investigating Agency has, therefore, to take proved. The rest is inadmissible.” all such measures as shall ensure the conduct of Similarly, the consequences of non-compliance investigation in a most systematic manner. of any of the abovesaid ingredients of Section 27 of Indian Evidence Act can be inferred from the Non-compliance of the ingredients of Section case of Imamuddin v. State of U.P, 2009 Cri.L.J. 27 of Evidence Act 4477, where his Lordship Rajesh Chandra, J. The general bar against the admissibility of of Allahabad High Court at para 27 made the confession made before a Police Officer (Section following observation: 25 of Indian Evidence Act, 1872) is partially “…In the present case, the Investigating lifted by Section 27 of this Act to make use of Officer Pradyumna Singh (PW-6) has material evidence collected consequent upon the nowhere stated that after taking police disclosure made by the accused while in Police remand of accused Imamuddin under custody. To ensure credibility of the discoveries the orders of a Magistrate, the accused made pursuant to the admission made by the Imamuddin made any disclosure statement. accused while in Police custody, the courts have What PW-6 says is that the prayer for police laid down, from time to time, certain conditions remand of accused Imamuddin was accepted precedent which should be satisfied. by the Chief Judicial Magistrate and at the Hon’ble Supreme Court of India in Amitsingh instance of the accused, a pistol of 303 Bore, which was used in the commission of Bhikamsing Thakur v. State of Maharashtra, 2007 crime, was recovered and that the accused Cri.L.J. 1168, AIR 2007 SC 676 had explained the himself had procured the pistol after digging following requirements of Section 27 of Evidence the earth from the place, which was about Act: 100 metres from the house of accused “(1) The fact of which evidence is sought Imamuddin. Thereafter, a memo (Ext. 3) was to be given must be relevant to the prepared. The Learned A.G.A. argued that issue. It must be borne in mind that in the recovery memo, it has specifically the provision has nothing to do with been mentioned that before the recovery question of relevancy. The relevancy of of pistol, the accused Imamuddin in the the fact discovered must be established presence of witnesses Mushtak Ahmad and according to the prescriptions relating Akik Ahmad had stated that the pistol with to relevancy of other evidence which he had opened fire upon Nabi Sarvar connecting it with the crime in order to and about which he has already told he had make the fact discovered admissible. concealed the same beneath the earth and is now giving to the Investigating Officer. (2) The fact must have been discovered. Thereafter, digging the earth he took out

8 July - September, 2011 The Indian Police Journal a pistol and gave it to the Investigating In Imamuddin v. State of U.P., 2009 Cri.L.J. Officer. The Learned A.G.A. wants that this 4477, Rajesh Chandra, J. of Allahabad High Court statement recorded in the recovery memo underlined the adverse impact of non-examination may be believed although the same has of important witness(es) by prosecution in the not been repeated in the statement of the following way at para 34: Investigating Officer Pradyumna Singh. We feel that the argument is misplaced, because “Ram Chandra Bharti, one of the Investigating Officers has stated on oath the statement as recorded in the recovery that by the time he reached the place of memo, cannot be taken into consideration occurrence, the inquest had already been until and unless the same would have been conducted by SI Chakrapani Datt Mishra deposed to by Investigating Officer in his and he, after preparing the Inquest Report statement on oath. Since the recovery of and allied papers, had sent the dead body the pistol has not been made pursuant to for post-mortem. This Chakrapani Datt any disclosure statement, the same cannot Mishra has not been examined by the be relied upon.” prosecution as a witness. He would have This illustrates how a very valuable piece of been the best person to state as to when evidence amenable to forensic examination to the proceeding of inquest was started and provide definite linkages between the accused when they were completed. He would have and the crime allegedly committed by him can be stated as to when the dead body of Nabi lost to the serious detriment of prosecution case. Sarvar was handed over to two Constables Therefore, it is imperative that all the ingredients Parasnath Bharti and Ramnarayan for of Section 27 of the Indian Evidence Act should being taken to mortuary along with the be brought on record during documentation of copy of FIR, etc. He would have stated investigation and may also be so deposed during that the Inquest Report was prepared on trial of the case by the PWs. This alone shall ensure the spot and the dead body was sealed. dividends to the prosecution for their painstaking The prosecution has not examined either efforts made during investigation to establish Constable Parasnath Bharti or Constable unambiguous connection between the crime and Ramnarayan to depose that after the dead the accused facing prosecution therefor. body was handed over to them, they took it to Police Station or Police Line. A perusal C. Non-examination of Important of the Inquest Report (Ext.-12) shows that Witnesses by Prosecution the Inquest Report was completed on 13-11-1997 at 8 p.m. The Police Form The witnesses examined by the Investigating No. 13 (Ext.-14) shows that the dead body Officer during investigation are scrutinized at the of Nabi Sarvar was brought to the Police end of the investigation in order to shortlist those Line, Azamgarh by the abovesaid two witnesses for prosecution, who may prove facts Constables, namely, Parasnath Bharti and relevant for the prosecution version of the incident Ramnarayan on 14-11-97 at 9.25 a.m. This under investigation. Out of many witnesses for document further shows that the distance the same fact, the prosecution may drop rest of between Police Station, Devegaon and the witnesses if first 1-2 PWs have proved the fact headquarter is only three kilometres, before the court satisfactorily. The relied-upon whereas the distance between the place PWs are required to be not only mentioned in of incident and the headquarter is 48 the charge-sheet, but also summoned to adduce kilometres. If Constable Parasnath Bharti or evidence attributed to them respecting some part Constable Ramnarayan had been examined or whole of the incident. Failure to examine such in the court, they would have told as to why witnesses has very strong possibility of harming the dead body did not reach the Police Line the cause of prosecution and to the corresponding on 13-11-1997 itself and why the same was undue benefits to the accused. Our courts have brought at the Police Line on 14-11-1997 at disapproved this practice, which leaves them 9.25 a.m. In this connection, statement of with no option but to give benefit to the defence PW-1 Zahir Ahmed is important. He stated as per law and procedure. at page 14 of his statement that the dead

July - September, 2011 9 The Indian Police Journal body was brought to the Police Station at examination of the material witnesses, 7-8 p.m. He has further stated that at the namely, husband of prosecutrix and the Police Station, the signatures of Shahid policeman. If these facts are taken into Mushtak, Surender Singh, Harivansh Misra consideration, the fact of there being no and one other were obtained by the police injury assumes importance. Entire story on a paper. He further stated that the dead as put up by the prosecution, therefore, body was sealed at the Police Station, but in appears to be absolutely false.” second breath, he stated that the dead body had been sealed on the spot. Now, this is Therefore, it is imperative that prosecution does its the evidence of the prosecution itself that homework thoroughly respecting its prosecution from the spot, the dead body was brought to witnesses lest they should be excluded from the Police Station. A perusal of the Inquest examination in the court leading to undue benefit Report makes it evident that the abovenamed to the defence. Shahid Mushtak, Surendar Singh and D. Mismanagement of Physical Evidence Harivansh Mishra are the “Panch” witnesses to be lifted during Investigation of the Inquest Report. The prosecution has not shown any other paper on which the The perpetrator of a crime, however well he signatures of those witnesses were taken at may plan, shall certainly leave signature of his the Police Station. Hence, in the absence of presence at the place of occurrence. It is the any such document, it may be inferred that professional competence of the Investigating Panchnama is the paper on which signatures Officer as to the extent he is able to extract this of these persons were taken at the Police evidence connecting the accused with the crime. Station as stated by PW-1 Zahir Ahmed. It The prosecution case, which largely depends comes out from the above evidence that on this evidence being lifted preserved and sent the dead body on the spot was brought to for examination in the Forensic Laboratory, for Police Station, where Inquest Report was success of the investigation in their effort to prepared and the signatures of the ‘Panch’ connect the criminal with the crime. Therefore, witnesses were obtained. Anything contrary the I.O. has to be very very careful and also to above could have been proved by the skilled enough to detect the evidence available Sub-Inspector Chakrapani Datt Mishra or on the spot of occurrence and then to have the by the Constables Parasnath Bharti and same lifted scientifically for onward despatch to Ramnarayan, who have not been examined. the FSL for timely examination thereof. Any flaw In the light of these background facts, a in this exercise is bound to affect the success of suspicion is raised about the genuineness investigation adversely, besides weakening the of First Information Report that the same prosecution case at trial stage. was lodged at the time when it is being claimed to have been recorded. The Mismanagement of physical evidence, including prosecution has not examined even Head improper collection, preservation, non collection Muharir Surendra Pratap, who could have of clue evidence, non-maintenances of chain stated that the First Information Report of custody, as well as delayed despatch of was written by him on such and such date physical evidence for scientific analysis has been and at such and such time. Thus, FIR is repeatedly commented upon by the courts. Some also suspicious and appears to have been such judgements of the courts are given below: ante-timed.” l Non-despatch of the petticoat of a victim of In Shiva @Prashant S/o Vishwanath Sardar v. rape to the Chemical Examiner to determine State of Maharashtra, 2008 (1) Mh. L.J. (Cri) 58, seminal stain was held as a serious lapse on the where the husband of Vinanti Tayade (Prosecutrix) part of prosecution [1979 Cr. LR (Raj) 375]. was not examined by prosecution, such act of prosecution was explained by the Hon’ble Judge l When concerned I.O. sent the bloodstained at para 10 in the following way: mortal object for chemical examination without covering the same by a wrapper “…But, in this case, one has to bear in immediately after seizure of the same, it mind the conduct of prosecutrix and non- was held that such omission is bound to

10 July - September, 2011 The Indian Police Journal affect the result of the Chemical Examiner’s in the Sadar Malkhana. Again, no linking Report, which cannot be accepted [1985 evidence has been produced to prove as Cri.L.J. 1933 (Bom)]. to when this pistol was sent for Ballistic Expert examination. The Ballistic Expert’s l Regarding non-lifting of fingerprints by the Report is (Ext. Kab) on the record, which I.O., Delhi High Court in the case of Court shows that the pistol was recovered for on its Own Motion v. State (Delhi Admn.), Ballistic Expert examination on 24-12-1998 1994(3) Crimes 13(Del) at para 8 made the from the Serology Section of the Scientific following observation: Laboratory, Lucknow. However, there is no “It is not clear to me as to how the SHO evidence as to when the pistol was sent from came to the conclusion that all the the Police Station or the Sadar Malkhana to symptoms of hanging were present. There the Scientific Laboratory. In any case, the pistol, after its alleged recovery on 5-6-1998, are two possibilities in such cases. One is reached the Ballistic Expert on 24-12-1998 the victim herself did all the acts connected and no reason for this delay has been given. with the hanging or some other person did It is, therefore, apparent that the police it after killing her. The second possibility had in its possession not only the bullet was definitely to be ruled out. No attempts recovered from the dead body, but also the appear to have been made to lift the pistol, which was allegedly recovered at the fingerprints from the bed sheet with which instance of accused Imamuddin and there Bina was hanging. If it bore the fingerprints of was ample opportunity with the Investigating some person, other than Bina herself, prima Officer to tamper with the bullet during this facie, the conclusion could be reached period. The inordinate delay in sending the that somebody else was responsible for her bullet and pistol for Scientific and Ballistic hanging. During the course of investigation, Expert or in its place, another bullet fired the police did not lift any fingerprint, which from the recovered pistol, was sent to the prima facie is again an indication of the fact Ballistic Expert for comparison and there that the investigation in this case was not was ample opportunity for the police to done in a fair manner.” have done so. In these circumstances, the l Long back in a remarkable judgement, report of the Ballistic Expert also loses its Hon’ble Supreme Court of India held that importance.” for the sake of investigation, police can send Once again in Kailash v. State of M.P., 2007 (4) an object lying with the court for analysis MPLJ 324 at para 28, judicial observation was:– in CFSL or State FSL and the court should grant permission for the same (AIR1979 SC “It is also important to note from the 1791). report (Ext. P/10), it is clear that the seized articles were sent vide requisition memo on l Regarding delayed despatch of physical 10-8-1999 to FSL, Sagar and the packet was evidence along with non-compliance of received on 13-8-1999. Thus, it is clear that chain of custody: after two months, packets were sent to FSL, Sagar. There is absolutely no evidence that The Hon’ble Lahore High Court in its after seizure where these articles were kept judgement referred in AIR 1944 Lah 206 for two months and in what condition and held that maintenance of chain of custody in whose custody. This lacuna again casts is the duty of police. Similarly, His Lordship doubt on the prosecution duty.” Rajesh Chandra, J. at para 32 of the judgement of Imanuddin v. State of U.P., 2009. Cri.L.J. l Not sending an Accused for Medico-legal 4477 made the following observation: Examination “The pistol was allegedly recovered at the In Ram Darash Rai v. State of U.P. 1998 instance of the accused on 5-6-1998. There Cri.L.J. 4205 at para 14, S.K. Phaujdar, J. of is no evidence on record to show as to Allahabad High Court interpreted the effect where the pistol was kept after its recovery, of not sending an accused of rape case for i.e. either at the Police Station Malkhana or medical examination in the following way:

July - September, 2011 11 The Indian Police Journal “…There was almost an immediate arrest of hurling bombs in the Puja Pandal on T.G. the accused and semen stains were allegedly Road and after murdering one person they found on the underwear suggesting that were fleeing away. Receiving the telephonic he did not have a wash after the alleged message, he rushed to the spot with force incident. Unfortunately, the accused was and found a dead body lying in pool of not sent for medical examination nor did blood near a Shiv Temple on T.G. Road. He the Investigating Officer look to his male informed the matter to his superior officer organ…” over R.T. message and the superior officer rushed to the spot. From local people he l Absence of necessary precaution to learnt that it was the dead body of one eliminate the possibility of fabrication of Dinanath Dubey, who was murdered by physical evidence Dharma and five others. He sent the In Mahmood v. State of U.P., AIR 1976 SC dead body to the M.R. Bangur Hospital 69, 1976 Cri.L.J. 10 (1976) 1 SCC 542, His for treatment and also for ascertainment Lordship R.S. Sarkaria, J. at para 13 made whether the said person was dead or the following observation: alive. His superior officer Swapan Bagchi (PW-12) recorded the statement of Aloke “Further, the Investigator did not take all the Pandit, which was treated as the written necessary precaution, which could be taken complaint and the complaint was sent to to eliminate the possibility of fabrication of the Police Station for starting specific case this evidence, or to dispel suspicion as to and he was entrusted with the investigation. its genuineness. Admittedly, he sealed the He prepared sketch map (Ext. 4) of the place box with his own seal which, thereafter, of occurrence and also examined witnesses remained with him throughout. He did not available at the place of occurrence. He take the signatures of the witnesses on the seized bloodstained earth, dry earth, one parcel containing the gandasa. He did not subscription book of Belpukur Sarbojonin after sealing the parcel entrust his seal to the Durgotsav Committee containing bloodstain Sarpanch or any other respectable person of at page 47, one dot pen of deep blue colour, the village. According to the prosecution, two used bullets bearing No. KF-94 and the fingerprints found on the gandasa could KF-95. The seizure list prepared by him at possibly be blood-prints and that the blade the place of occurrence in the presence of of the gandasa was all smeared with human witnesses was marked Ext. 3. He also seized blood. But, this gandasa was never sent to remnants of exploded bomb, including burnt the Chemical Examiner or the Serologist. No jute having smell of explosive substance, explanation of the same is forthcoming. This some pieces of small sticks, some small being the case, the contention of Mr. R.K. nails having smell of explosive substance Garg at the Bar, that the gandasa (Ext. 1), and two live bombs by preparing a seizure or smear of the alleged blood on it was not list (Ext. 4). During investigation he received sent to the Chemical Examiner for fear of one case docket from S.P.P.S. and he also the fabrication being detected and exposed, started investigation of that case and during cannot be rejected outright.” investigation, he could realize that the Even in Manoj Singh and Dharma Mahato said incident also happened in the same @Dharam Nath Mahato and Ors. v. State transaction. of West Bengal, 2007 (1) CHN 123, His Lordship P.N. Sinha, J. made the following He did not examine the wife and the observation at paras 28, 29, 30: children of deceased Dinanath Dubey. He was not aware of whether PW-3, PW-7 and “The I.O. (PW-15) in his evidence disclosed PW-8 were wanted in several murder cases that on 2-10-1998, while he was on duty and stated that those witnesses were not the at the Police Station, he received one pocket witnesses of the Police Department. telephonic message, from one Dhananjoy He examined the eyewitnesses whose Singh (not examined as a witness) to the names he got at the time of investigation. effect that Dharma and five others were After completing investigation, he submitted

12 July - September, 2011 The Indian Police Journal charge-sheet against these accused persons In Manoj Singh and Dharma Mahato @Dharam under Section 302/34/364 of the IPC and Nath Mahato and Ors. v. State of West Bengal, Sections 25 and 27 of the Arms Act. 2007 (1) CHN 123, His Lordship P.N. Sinha, J. made the following observation at para 7: His cross-examination reveals that he did not verify the antecedents, profession of “Out of the aforesaid 15 witnesses, PW-1 the witnesses examined by him during is the informant concerning murder of investigation. It did not transpire during Dinanath Dubey and PW-5 is the informant investigation that the star witness Binod concerning abduction and murder of Rajesh Rajbhar @Kalia (PW-7) is wanted in Rai. PW-2 and PW-4, in their evidence connection with Metiaburuz P.S. Case stated nothing concerning the incident and Nos. 379 dated 19-12-1996 and 388 dated accordingly, their evidence is left out of our 29-12-1996. He did not submit any prayer consideration. PW-1 according to FIR was before the Learned Magistrate at Alipore an eyewitness of the incident of murder of for placing the accused persons in the T.I. Dinanath Dubey, but the said witness in his parade in respect of the murder committed evidence did not state anything in support within the jurisdiction of S.P.P.S. He did not of the prosecution case. His evidence only send the spent/used bullets to the Ballistic reveals that Dinanath Dubey asked for Expert for examination. He did not send the ‘prasad’ and this witness entered inside used bullet for comparison recovered from the temple for fetching ‘prasad’ and at that the body of deceased Dinanath Dubey to time, he heard sound of bomb bursting, any expert. He did not take assistance of followed by hue and cry and out of fear, he any Serologist to ascertain whether it was did not come out of the temple and thereby human blood or not. He did not meet exposed himself as a witness, who did not Madan Singh, the local Councilor, who was see murder of Dinanath Dubey. Surprisingly a witness to the inquest in respect of dead enough, the Public Prosecutor-in-Charge body of Dinanath Dubey. He denied the of the case did not declare this witness a defence suggestion that the accused persons hostile witness and did not confront him were falsely implicated in this case.” about his narration of incident in FIR and The aforesaid gross omission by the Investigating we are amazed at this conduct of the Public Officer in conducting investigation into a heinous Prosecutor.” crime like murder is a sure recipe to kill chances of successful prosecution of accused persons, It may be seen that some precaution at investigation despite their obvious connection to the crime. stage to ensure proper documentation of the facts revealed by the witnesses and their reconciliation Conflicting Statement by PW with similarly placed other witnesses could have saved the case for the prosecution during trial. In State (through CBI) v. Santosh Kumar Singh, 2007 Cri.L.J. 964, His Lordship R.S. Sodhi, J. of E. Non-production of X-ray Report Delhi High Court at para 23 made the following and Non-appearance of concerned observation: Radiologist in the court “However PW-38 Sunit Sharma, deposes In P. Jhonson and Others v. State of Kerala, 1998 that he had brought the said parcels from the Cri.L.J. 3651, S. Marimuthu, J. of Kerala High doctors on 29-1-1996. There is no support Court at para 44 made his observation relating to to this claim. There is no memo prepared in non-production of X-ray Report and the doctor this regard and the contemporary evidence concerned, who had done the radiological shows that the articles were handed over investigation by prosecution: on 25-1-1996. There is no explanation as to what happened or in whose possession “Even regarding the conviction brought the articles were from 25-1-1996 to under Section 326, there is no legal evidence 29-1-1996 and so the possibility of tampering to fix the criminal liability. Section 320 with the articles could not be ruled out and IPC defines grievous hurt. Fracture comes the finding of the Trial Court to that effect is under this Section. PW-7, the doctor, who fully justified.” examined PW-12 in the Medical College

July - September, 2011 13 The Indian Police Journal Hospital, Calicut, issued Ext. P-6 certificate not informed in the report, which was held on the basis of X-ray Report and that report fatal for prosecution. was not produced and the doctor, who took X-ray was not examined. Non-production of (iii) In Kailash v. State of M.P., 2007(4) M.P.L.J. X-ray Report and non-examination of doctor, 324 - Absence of blood group and origin of who took the X-ray are sufficient to deduce blood in the Expert’s Report was explained that the criminal liability either under by the court in the following way of para 28: Section 325 or 326 IPC is not established. “So far as FSL report (Ext. P/10) is concerned, This flaw is also stronger one shaking the the bloodstains were found on the Baniyan case of the prosecution.” of the girl, towel, Sardoda seized from the F. Problems arising from Scientific spot, on the swab and the slides of the Platforms to establish the Crime girl and the shirt, Baniyan, underwear and pant of the accused. But, in the report, it The preparation of examination report by the has not been made clear as to whether experts is an important area, which may provide the stains of blood found on these articles big help either to the prosecution or by default to were of human blood? Also, no report of the defence. The findings in the expert’s report the Serologist has been produced to prove may be suffering from certain infirmities by way blood group on these articles. Thus, in the of unintended or otherwise, omission. The same absence of the evidence regarding human is applicable to the stage of examination of the blood and blood group on these articles, it expert, who prepared/authored the report. The cannot be concluded that the bloodstains courts have had many occasions to draw attention found on the articles were of the same to these aspects lest it should harm the prosecution origin and on this ground also, the presence case. Some of the cases where the courts had of bloodstains found on the seized articles occasion to make their critical observations on could not connect the accused with the the very process of examination or exhibits in the alleged crime.” laboratory, quality of the opinion report prepared (iv) When tests were not done meticulously and the conduct of the expert during examination in the court are narrated in the succeeding para: In Himangshu Pahari v. State (1986) Cri.L.J. 622, the accused were charged for robbery (i) Non-mention of Blood group in Serologist’s and murder. Part of the evidence against the report accused was that hairs found at the scene In Kasha Behara v. State of Orissa, were morphologically similar to the sample AIR1987SC1507, where the Serologist’s hairs taken from the person of the accused. Report regarding examination of blood The accused was convicted and appealed. In sample was produced without the the course of delivering the judgement of the information of blood group, the Hon’ble High Court of Calcutta, Sankar Battacharyya, Supreme Court explained the lacuna in the J. made the following observation: following way: “After the appellant was taken into police “As regards the recovery of a shirt or a custody, the Investigating Officer took dhoti with bloodstains which, according to samples of his scalp hairs by combing and sent the Serologist’s Report, were stained with the hairs to the Forensic Science Laboratory human blood, but there is no evidence in for comparison with the hairs found in the the report of the Serologist about the group deceased’s palm and at other places inside of the blood and, therefore, it could not be the flat. On examination and comparison positively connected with the deceased.” by the Senior Scientific Officer (PW-18), the hairs found adhering to the blade of the (ii) In State of U.P. v. Anthony, AIR 1985 SC 48, Rampuria knife seized from the deceased’s the nail clippings of the accused were taken flat were found morphologically to be similar and kept in a sealed envelop and sent for to the sample hairs of the appellant (Report chemical examination. But, it is interesting - Ext. 15). Though, the Learned Trial Judge to inform that the origin of the blood was accepted the report of the Senior Scientific

14 July - September, 2011 The Indian Police Journal Officer, on scrutiny of his evidence, we science of identification of fingerprints. It consider it unsafe to act upon the report it would be highly unsafe to convict one of has been elicited in his cross-examination capital charge without any independent that he did not measure the diameters of the corroboration, solely on the bald and shafts of the hairs or their length. He did not dogmatic opinion of such a person, even if take impression of the cuticles of the hairs, such opinion is assumed to be admissible did not note the shapes, appearance and under Section 45, Evidence Act”. the colours of the hairs or the directions of the pointing out of the hairs. The science In Gopal Singh Gorkha v. State of U.P. of comparison of hairs has not yet reached (1991) Cri.L.J. 1253, His Lordship P.P. perfection like the science of comparison of Gupta. J. made the following observation, fingerprints. Where, therefore, all the tests when the Ballistics Expert’s Report was were not meticulously carried out, it would submitted without any supporting data at be unsafe to rely upon the report. We, para 22: therefore, leave out of our consideration “An expert opinion in firearms identification the report of the Senior Scientific Officer case should produce facts not opinion, (Ext. 15).” which cannot be checked. Being the Head of From the above-mentioned instances, which the Forensic Science Laboratory, the expert, came under judicial scrutiny, it can be seen should know his responsibility towards that how fatal or damaging the consequences the administration of the criminal justice. could flow from the negligent and careless He should give up the habit of producing manner of conducting crime exhibits his bald opinion. The expert should, if he examination at laboratory. The Forensic expects his opinion to be accepted, put Experts have to be, therefore, very careful in before the court all the materials, which their examination of subjects covered by the induced him to come to his conclusion, so Medico-legal examination. that the court, although not an expert, may form its own judgement on these materials. Therefore, N.H.R.C. appointed core group Bald opinion is of no use to the court and on Forensic Science, who prepared often leads to the breaking of very important their report under the title of this report links of prosecution evidence, which are led “State-of-the-art Forensic Sciences: For Better for the purpose of consideration.” Criminal Justice” at page 2, the following comment is made: Similarly, in Rajendran v. State, 1993(3) Crimes 974 (Mad), which was a case of “Today, neither the impact of the Forensic double murder, His Lordship Thangamani, Science is adequately felt at the national level J. made the following observation regarding nor the Forensic Scientists have a sense of pride Fingerprint Expert’s Report, which was in their profession, as they have not been able to produced without sufficient data at para 25: make a big dent in the Criminal Justice Delivery System of the country.” “And, above all, F.P. Expert’s Report (Ext. P-23) is bereft of any details. In fact, (v) When no supportive data were provided by contrary to the claim of PW-14 F.P. Expert, the Expert along with report it is not a report at all. This only purports In Mahmood v. State of U.P., AIR 1976 SC to be a communication dated 20-8-1985 69, 1976 Cri.L.J. 10 (1976), 1 SCC 542, His from Single Digit Fingerprint Surgeon, Lordship R.S. Sarkaria, J. at para 17 observed Coimbatore Rural District addressed to the as under: J.S. C.M., Palladam. This boldly reads that ‘the Fingerprint Expert, who compared the “Lastly, it may be observed that Inspector photographed chance prints developed Daryao Singh, (PW-15), has not given any at the scene of crime concerned, reports reasons in support of his opinion. Nor has that the chance print developed on silver it been shown that he has acquired special tumbler are found identical with the right skill, knowledge and experience in the ring and left index print slips were received

July - September, 2011 15 The Indian Police Journal by the Bureau. The chance print developed of such exhibits can generate alcohol in the on the door of the inner locker of the steel exhibits, on long standings, and may also bureau is also found identical with the left not permit the detection of poisons and thumb fingerprint of the same accused. The conclusive serological results, likewise, in F.P. slips of Rajendran are retained here’. the cases of drunkenness, the blood alcohol This letter does not furnish any further or urine alcohol negative samples may data as to how the expert had arrived test positive for the presence of alcohol at his conclusion. The report of the F.P. due to self-generation of alcohol on the Expert without furnishing the reason for the putrefaction of samples.” conclusion is of no value.” Since Dr. Gaur is the current Director Therefore, Expert’s Report submitted of State FSL, Himachal Pradesh and a without sufficient data can easily harm leading Forensic Scientist of India, so the the prosecution case. Such activity as abovesaid comment is having scientific Government expert cannot be expected value. Therefore, in such situation, result as they are being paid from Government of FSL cannot match with the post-mortem Exchequer. findings, which may sometime be fatal for the prosecution. Even delayed examination (vi) Delayed examination of exhibits at the of viscera sometimes helped the suspect to laboratory get bail as because of absence of viscera Regarding delayed examination of physical examination report. Sometimes, it is not exhibits, Hon’ble Delhi High Court in possible for the Autopsy Surgeon to clarify Mahabir Singh @Mahavir Singh v. State, the mode of death. In this regard, one of Cri. Appeal No. 498/2007, decided on the examples is Enamul Haque@Enamu 22-5-2009 at para 21 made the following Haque v. State of West Bengal, CRM 17348 observation: of 2010 and AST 1114 of 2010, which is an application for bail under Section 439 “Unfortunately, in Delhi, we have only of the Code of Criminal Procedure filed on two Forensic Science Laboratories. One is 19th October, 2010, in connection with Central Forensic Science Laboratory at R.K. Sagardighi P.S. Case No.123 of 2010, Puram. The other is the Forensic Science dated 4th April, 2010 under Sections Laboratory at Rohini. The two laboratories 498-A/304-B/34 of the Indian Penal Code are overworked. They do not receive Division Bench of J.N. Patel, CJ. and Ashim suspected samples for forensic examination Kumar Roy, J. of Calcutta High Court on at random. The procedure being followed is their interim order, dated 15th December, that the Investigating Officer writes letters, 2010 said that– which are entered in a register and as per priority position assigned to a request, the “…It is stated that the Autopsy Surgeon laboratory requisitions the samples, which could not give the exact cause of death and have to be analyzed. This explains delay preserved the viscera for chemical analysis, th in all cases for having sent seized samples which was sent on 9 June, 2010 to FSL, for Forensic Analyst after 2 months of the Kolkata for Expert opinion. seizure.” For want of report of the Forensic Science But, such delay is very much effective Laboratory, Kolkata, charge-sheet could regarding inconclusive results of biological, not be filed within ninety days, resulting in serological, toxicological tests, which can release of the principal accused in the case be cited from the view of Gaur & Bhalla of dowry death…” (2008): One of the important causes of delayed “ The delayed reports on biological, examination of crime exhibits is lack of serological and viscera exhibit in poisoning human resource (i.e. staff strength) of cases put a big question mark on the the concerned laboratory. In this regard, authenticity of evidence. The putrefaction Enamul Haque @Enamu Haque v. State

16 July - September, 2011 The Indian Police Journal of West Bengal, CRM 17348 of 2010 and 2002 Cri.L.J. 3680 Division Bench of AST 1114 of 2010, which is an application S. Singh, R. Dash, JJ. at para 13 held– for bail under Section 439 of the Code of Criminal Procedure filed on 19th October, “…As has been well said, ‘It is safe 2010 in connection with Sagardighi P.S. as a general rule to assume that a Case No.123 of 2010, dated 4th April, 2010 professional Expert witness is a partisan, under Sections 498-A/304-B/34 of the Indian willing and eager to serve the party, Penal Code Division Bench of J.N. Patel, who requests his service. Indeed, all C.J. and Ashim Kumar Roy, J. of Calcutta Experts whether professional or non- High Court on their interim order, dated 10th professional, are very apt to zealously January, 2011 said– espouse the cause of the party by whom they are called. There are to be “…From the affidavit we find that the sure exceptions to the general rule, but Home Secretary is not in a position to make they are not numerous enough to more any comments to this court as to when than prove the rule. The witnesses all the vacancies in the Forensic Science now in worst repute are called Expert Laboratory would be filled in. On the other witnesses that is, witnesses retained hand, he has expressed his helplessness in and paid to support by their evidence a the matter by attributing to various factors, certain view on a scientific or technical which have not been spelt out. question. We have all heard the old jeer We, therefore, direct the State Government, about the three kinds of liars - white particularly the Principal Secretary (Home) liars, black liars and expert witnesses.’ (Woodroffe and Amir Alis Evidence to the Government of West Bengal, to th take immediate and urgent steps to fill in Act, 14 Edition, page 1293).” all the existing vacancies in the Forensic l Ezaz (1996) citied a reference from 59 Science Laboratory of all the categories IC 220 and 1933 Cri.L.J. 735 regarding and provide necessary infrastructure and partisan attitude of Expert, which equip laboratories for its effective and was referred from Ryen on Criminal meaningful functioning within a period of Evidence in India, page 127: six months from today…” “It must be borne in mind that an Expert (vii) When question arises regarding Expert witness, however impartial he may evidence is partisan in nature wish to be, is likely to be unconsciously l In Baswantrao Bajirao v. Emperor, prejudiced in favour of the side which 1949 Cri.L.J. 181, Division Bench of calls him. The mere fact of opposition Bose, Hidayatullah, JJ. at para 22 made on the part of the other side is apart the following observation: to create a spirit of partisanship and rivalry, so that an Expert witness is “The first method of approach merely unconsciously impelled to support the helps the court and it may be convenient view taken by his own side. Beside it to put a question in such general terms must be remembered that an Expert based upon medical science, but the is often called by one side and solely second method of approach merely because it has been ascertained that he substitutes the judgement of the holds views favourable to its interest.” medical witness for that of the court on the most vital question in the case. It is l In Vinod Kumar and Anr. v. State of for this reason that legal theory does Madhya Pradesh, 1987 Cri.L.J. 1541, not tolerate the encroachment of an His Lordship G.G. Gupta, J. observed Expert upon the province of the court that– and one good reason is that partisan evidence is easy to give.” “…Possibility of an Expert being partisan is, by itself, sufficient to destroy l Smt. Kamlesh and Anr. v. State of U.P. the credibility of her evidence. In this and Ors., cited in 2002 (3) AWC 1792, view of the matter, it is not possible to

July - September, 2011 17 The Indian Police Journal give any benefit to the appellants on the categorical findings by the Learned the basis of the opinion given by Dr. Trial Judge, which are based on (Mrs.) Khare.” adequate reasons and in view of the various infirmities pointed out in the l In Ram Vishnu Gupta and 2 Ors. v. ocular testimony of the witnesses, we State of Madhya Pradesh on 5-2-1999, are of opinion that the conviction of II (1999) DMC 489, Division Bench of the appellant is not sustainable on the D. Dharmadhikari and R. Gupta, JJ. at facts and circumstances of the case.” para 18 observed: Therefore, partisan attitude of an Expert not “The Learned Counsel for the accused only harms his repute, but it may also destroy very severely criticized the report and the value of Expert witness in a trial. conduct of the so-called Scientific Expert Dr. S.P. Singh (PW-8). It is G. When Identity of the recovered submitted that he went for the spot Skeleton was not established inspection after the inquest had already been done and the body was sent for Calcutta High Court in Sudhir Mandal v. State of post-mortem. The storeroom was not West Bengal, 1988(1) Crimes 729 at para 5 made locked and sealed. He prepared his spot the following observation: inspection report after the storeroom “The prosecution case is that one evening, was cleaned and put in order. The Hema Mondal, the wife of the accused observations made by him and noted alleged to have been murdered, was seen in the report do not show the condition with the accused coming towards Debipur of the storeroom as it was found and that thereafter, her skeleton was when, in the presence of Panchas, recovered from the bank beside the river the door was broken open to prepare Marakashi. There is no evidence whatsoever the inquest memo. It is submitted that to show that the said skeleton was that the witness in his report (Ext. P/5) has of Hema Mondal, wife of the accused. tried to overdo his job by stating in his To establish the identity of skeleton, the deposition that the suicidal note was prosecution adduced evidence to show that not in the handwriting of the deceased. a tuft of long hair, one twisted black tarsal, a By making such a statement contrary to piece of light yellow-coloured glass bangle the opinion of the Handwriting Expert, and a beguni-coloured blouse were seized the above so-called Scientific Expert from beside the place where the skeleton has shown his partisan attitude and has was found. These articles were not found on tried to oblige the complainant party.” the dead body, but were found according l In Jagdish v. State, AIR 1967 All 532, to the evidence of PW-15 near Debipur 1967 Cri.L.J. 1467, Division Bench of embankment. PW-6 says that the O.C. seized T. Ramabhadran and H. Tripathi, JJ. at a yellow blouse. But the O.C. (PW-16) says para 17 held– that he seized a beguni-coloured blouse, PW-1, the father of the victim, identified one “In the instant case, the evidence is of blue-coloured blouse as the one belonging a highly partisan character, it does not to her daughter. The evidence of PW-1 find corroboration from the medical that ‘when my daughter went out with the evidence and suffers from various accused, she was wearing a purple (beguni)- blemishes. The Trial Judge for good coloured blouse and used glass bangles, her reasons has disbelieved the major hair were dressed with a tarsal’ cannot be part of the prosecution story and has accepted, because he did not see his daughter given a categorical finding that the coming with the accused. The evidence of acquitted persons did not participate PW-4 that the wife of the accused wore a in the incident and it was not difficult blouse shown to her and yellow bangles for the eyewitnesses and Kishen Dayal and a tarsal when she was coming with to implicate them falsely. In view of the accused is shaky, because her evidence

18 July - September, 2011 The Indian Police Journal that she told the I.O. that she saw Sudhir from another laboratory exercising its and his wife coming out of their home in power under Section 173(8) of the Code the evening and that on her asking Sudhir of Criminal Procedure. Even this report told her that he and his wife were going from CCMB, Hyderabad, does not support to attend a marriage feast is contradicted the prosecution’s case. With this material by her statement recorded by the I.O. on record to show that the body of Sashi (PW-16),even if it is assumed that PW-4 saw Nath Jha, there is no evidence on record to the accused and his wife were going out. The show that the body of Sashi Nath Jha had evidence of PW-3, the husband of PW-4 is initially been buried near the brick kiln and, also shaky. In view of the evidence on record, thereafter, to the farmhouse of B.P. Sinha. we are unable to hold that the identity of the There is no evidence as to who led the CBI skeleton has been established. PW-16 states to the skeleton exhumed on 13-8-1998.” that he despatched the skeleton to D.M.O., H. Deficiencies in Post-mortem Malda for post-mortem examination. PW- Examination and Preparation of Post- 17, who submitted charge-sheet, said that mortem Report the FSL Report and the Post-mortem Report were already in the Case Diary. In spite of When death of a subject occurred in a suspicious several opportunities having been given to condition, post-mortem examination and its report the prosecution for production of the Post- is an important part of prosecution evidence mortem Report, the said report was not (Vidyainati v. State, AIR 1951 HP 82). Estimation produced. In the circumstances, we hold of post-mortem interval is the most important that the prosecution failed to prove that any work of medico legist (AIR 1931 Oudh 119). It murder was at all committed to hold the is important to produce the cause of the death accused guilty of the charges framed.” (State of Maharashtra v. Manglyn Dhav Kongil, AIR 1972 SC 1797). Regarding the attitude of In the famous Shibu Soren Case, Cri. Appeal No. medical witness to supersede the Judge in Majee 64/2007 decided on 22-8-2007, the Hon’ble Taha v. State, 1973 Cri.L.J.. 526 at page 530, Delhi High Court at para 34 made the following judicial observation was: observation: “It is not permissible to him (medical “From the analysis of the above, it appears witness) to substitute his judgement for to be doubtful that the skeleton exhumed that of the court.” was that of Sashi Nath Jha. Since neither the family supports any of the wearing apparels Since Post-mortem Report is a very important found upon the skeleton as those belonging piece of evidence, the doctor should do the same to Sashi Nath Jha nor does the post-mortem with utmost care (Thakur v. State, AIR 1955 All conducted by PW-17, Dr. Ajit Kumar 189). To destroy the viscera, doctor is completely Choudhurty, supports the prosecution’s dependent on the order of the administration story of Sashi Nath Jha having been killed (AIR 1972 SC 1797). with two iron rod blows on his head by Some specific problems relating to post-mortem Nand Kishore Mehta as deposed to by are given below: PW-4, Charu Oraon, on the superimposition test, which only goes up to establishing that (i) Difference between inquest and Post- the skull could have belonged to the person mortem Report whose photograph is sent for matching, it In Maula Bux v. State of Rajasthan, 1983 is not a positive test but a negative test. SCC (Cri) 199, the Hon’ble Supreme Court Further to the above, is the result of the DNA of India made the following observation Fingerprinting test got conducted at the regarding difference between Post-mortem instance of the Trial Court in its report dated Report and Inquest Report: 11-6-2001, suggested, in no uncertain terms, the skeleton in question was not that “…The Learned Trial Judge held that the of Sashi Nath Jha. For further assurance, bruise marks on scapular region and waist CBI got the DNA Fingerprinting test done of the dead body noted in the inquest

July - September, 2011 19 The Indian Police Journal Panchnama by the Investigating Police evidence of the doctor, he could not find Officer, ‘were nothing but the marks ofpost- the cause of death, because the two dead mortem staining’. This view of evidence bodies were in a decomposed state. In the taken by the Trial Court could not be said face of the above evidence of the doctor, it to be palpably wrong. Nor was the High is not possible to hold that the death of the Court fair enough to the Medical Officer Dr. two persons, whose bodies were recovered, Sati Punjabi, inasmuch as it held that she was homicidal. The Learned Sessions Judge had failed to note some contusion marks in the course of his judgement observed that mentioned in the inquest Panchnama, the doctor, who performed post-mortem through sheer inadvertence or by design. examination, was careless inasmuch as he failed to send two dead bodies to the The Police Officer, who prepared inquest Professor of Anatomy, who might have Panchnama, was not an expert in medical been in a position to express opinion jurisprudence. The possibility of his having after examining hyoid bone and cervical mistaken the post-mortem staining marks vertebra as to whether the death of the two on the waist and shoulder of the deceased, deceased persons was due to strangulation. for ante-mortem bruise, could not be ruled Although, it may be said that it would have out. In any case, in such a situation, as a been more appropriate on the part of the matter of judicial caution, the benefit of doctor, who did not do so, cannot be a this discrepancy between medical evidence ground for drawing an inference adverse to and the Inquest Report, on this point in issue, ought to have been given to the the accused. The accused cannot be made appellants…” to suffer because of that omission of the doctor. It would indeed be contrary to all (ii) Improper identification of weapon of accepted principles to give benefit of that offence omission to the prosecution.” In Sethur Madhavan Nair v. State of Kerala, Similarly in Sabhau v. State of M.P., 1988 1974 SCC (Cri) 774, the Hon’ble Supreme Cri.L.J. 39 34, where the prosecution failed Court held that bamboo sticks like blunt to send the decomposed dead body to an weapon cannot be able to cause incised Anatomy Expert to examine hyoid bone and wound on the person of the deceased. cervical vertebra to rule out the possibility In another case, while the doctor stating of strangulation, His Lordship S.K. Dubey, about an injury by Bhala (a sharp cutting J. of M.P. High Court made the following weapon) said the weapon was like lathi. observation: Such evidence was rejected by the court (AIR 1985 SC 1688). “In the present case, the prosecution has led evidence to prove three circumstances, (iii) Non-despatch of highly-decomposed dead which we will take up one by one. The first body to an Anatomy Expert to ascertain circumstance is of the recovery of dead body, strangulation which is not at the instance of the accused. On post-mortem examination performed by In State of Punjab v. Bhajan Singh, 1975(I) Ashok Khare (PW-18), the cause of death SCR 747,1975 SCC (Cri) 584, where the could not be known as the body was highly doctor conducted Medico-legal autopsy of decomposed. He was not in a position to highly-decomposed dead bodies, but failed opine whether death was homicidal or to refer the same to an Expert of Anatomy to natural, as he did not find any external or examine hyoid bone and cervical vertebra internal injuries. When the cause of death in order to ascertain whether death was due could not be known on post-mortem, the to strangulation or not, the Hon’ble Supreme Court made the following observation: prosecution ought to have referred the dead body to Anatomy Expert, which was “We find that Dr. Saluja has deposed that not done; that being a serious lacuna in the he found no marks of ligature on either prosecution case in the absence of ligature of the two dead bodies, which were in a mark on the body, it is difficult to hold that decomposed state. In the face of the above the death was homicidal.

20 July - September, 2011 The Indian Police Journal To prove an offence of murder, the death “As already indicated above, the Learned should be homicidal of which onus in a Trial Judge by his impugned order had criminal trial is upon the prosecution. In directed issue of process against the petitioner the absence of legal proof of the death herein under Sections 201/120-B IPC, being homicidal, because of the serious mainly on the ground that he had submitted lacuna of not obtaining the report of charge-sheet in the relevant case against Anatomy Expert to prove homicidal death, the four accused concerned under Sections the benefit will go to the accused and not 306/120-B IPC, without sending viscera to the prosecution. The accused cannot be of the victim, which had been preserved held to legal criminality of the offence under in the hospital for chemical examination Section 302 of India Penal Code.” and without obtaining any report from the Chemical Examiner, suggesting “deliberate Also, in the case of Bhanwar Singh v. The action on his part to cause disappearance State, 1988 Cri.L.J. 1054, the Hon’ble of evidence under Section 302 IPC, against Rajasthan High Court acquitted the appellant the accused persons concerned in a criminal from the charge of murder, since the conspiracy with them. As regards submission prosecution failed to send the decomposed of charge-sheet by the petitioner without body to an Expert of Anatomy. obtaining Chemical Examiner’s report in the relevant case, he does not appear to The same type of judicial reference can be have erred in doing so as he could do so in found in: view of the clear instructions contained in Regulation 272(b) of the Police Regulation l State Government of M.P. v. Ramkrishna Bengal, 1943. As instructed therein, charge- Ganpat Rao, AIR1954SC20, sheet should be submitted by the quickest l Megha v. State, 1983 MPWN 250, means to the Court Officer for submission to the Magistrate. When a prima facie case l Bhagoban Kirsani v. The State, 1985 is made in a case in which articles have Cri.L.J. 868. been sent for chemical analysis, the charge- sheet should not be delayed till receipt of (iv) Conflicting Medico-legal Autopsy Report the Chemical Examiner’s Report.” In K.V. Chacko v. State of Kerala, 2001 As regards the sending of viscera of the Cri.L.J. 713 (SC), it was held that– deceased preserved in the hospital for “The benefit of doubt, which arises out of chemical examination, it is indeed not for the the two conflicting post-mortem reports, Investigating Officer to send the same for the must go to the accused. Where in the aforesaid purpose. In terms of the instructions original post-mortem, no external injury to contained in the Police Regulations, Bengal, the head was noticed nor was any blood the packing and forwarding of all exhibits clot or external injuries were noticed in the and articles for examination are to be carried inquest Panchnama of the bodies in the out by the Police Officers except when the absence of any recorded injuries, the courts preservation of such articles has been done by a Medical Officer. When there has were held not justified in placing reliance been a post-mortem examination by Civil on another post-mortem report indicating Surgeon or any duly qualified Medical that the skulls had suffered fractures to hold Officer, the viscera and other articles (if that the weapon recovered was used by the any), connected with the case and found on accused in execution of crime.” or with the body at the time of examination (v) Non-adherence of Police Regulation/Police are to be packed, sealed and despatched by Manual by Doctor the Medical Officer concerned. Similarly, when stomach washings, vomited matters, In Manoranjan Das v. State, 1994 (2) Crimes stool, etc. are preserved by the Medical 128; A.K. Dutta, J. of Calcutta High Court in Officer, the same should be packed, his judgement explained the above point in sealed, despatched by him, if requested the following way: to do so by the Investigating Officer. If in

July - September, 2011 21 The Indian Police Journal any case the Civil Surgeon considers for in case arsenic is detected, that it was special reason that any matter or portion of present in the soil.” a subject examined by him should be sent by special messenger, he shall apply to the In view of the above discussion, there Superintendent (vide P.R.B. in Criminal could be no mistake that it is not for the Investigation for Bengal, by Shyamal Kumar Investigating Officer but for the Medical Sinha Roy, First Edition, at pages 65-66). Officer concerned holding post-mortem examination to forward viscera, etc. It would further clearly appear from Modi’s to the Chemical Examiner or the State Textbook of Medical Jurisprudence and Forensic Science Laboratory for analysis. Toxicology, 17th Edition, at page 478 that a The Petitioner - Investigating Officer in the Medical Officer, who has no experience at relevant case appears to have requested the chemical analysis, should never undertake District Medical Officer, Kishnanagar Sadar the analysis nor should he ever make any Hospital by his letter dated 13-6-1988 for guess from the nature of stomach contents, arranging to send the viscera of relevant case etc. But, after obtaining necessary orders for chemical examination for ascertaining from the District Magistrate, he should the actual cause of death. forward the viscera to the Chemical Examiner (vi) No specific data submitted by doctor in or State Forensic Science Laboratory for support of his post-mortem examination analysis. The Magistrate conducting the finding in a case of infanticide and other proceeding should furnish the Chemical cases Examiner with a copy of Medical Officer’s Post-mortem Report and with every fact In Vidyamati v. State (AIR 1952 HP 82), the and detail either from deponents or from Hon’ble Court held that it is the duty of the police investigation, which may indicate doctor, in a suspected case of infanticide to the direction in which analytical inquiry record in the Post-mortem Report, the data may yield a positive result. The Chemical for arriving at the two main conclusions Examiner or his assistant, who receives the germane to such a case, i.e. that the child articles for analysis from Medical Officers, was born alive and it met with a violent should first verify the seal and compare death later. the labels with the invoice list of materials In Ganga Basnet v. State of Sikkim, 1988(3) . sent, and then open the articles, etc Crimes 588, where appellant Ganga Basnet According to Medico-legal Jurisprudence, was working as an A.N.M. (Auxiliary the Medical Officer conducting examination Nurse-cum-Midwife) within the territory of is required to send the following items for the State, following external injuries were chemical examination: noticed on the dead body: “(1) The stomach and its contents; “(1) Abrasion on the neck and injury on the left side of the head. (2) The contents of the intestines; (2) Bluish mark on the back of the neck. (3) At least one kidney; (3) Haematoma on the occipital region.” (4) Lever - at least one pound; On dissection of the dead body, the (5) Urine, if found in the bladder; following were found: (6) In cases of exhumed or decomposed l Brain was congested. bodies, hairs, nails, a sample of bones; l The larynx and trachea were (7) A sample of preservative used during congested. the transit of viscera; and l Both the lungs were congested. (8) In case of exhumed bodies, a sample of soil where the body was interred l The mouth pharynx and oesophagus should also be sent for examination, were full of blood. because a plea is sometimes taken, l Stool was seen on the anus.

22 July - September, 2011 The Indian Police Journal l There were fractures on 2nd, 3rd, 4th are floating, then the subject is born alive or cervical vertebrae. otherwise still born. During his cross-examination at Sessions While delivering the judgement regarding Court, PW-8, the doctor, stated the acquittal of Ganga Basnet, J.K. Mohonty, CJ following: made the following observation: — “I had not taken any photographs of “In this case as has already been stated, a the dead body. newly-born dead baby was found below the cot of the appellant. The evidence also — I had not given the size of lungs. shows that the appellant has tried to conceal — It is also true that I have not given the that she has given birth to a child. There is shape of the lungs in my report. no doubt that there are some circumstantial evidence on which prosecution wants to — It is true that I have not done any rely to show that the baby might have died microscopic examination. after being born alive. — It is true that I had not done hydrostatic It is in the evidence that the appellant was test of the lungs as there is no facility married and evidently, she tried to conceal in the hospital. It is true that I have not her pregnancy and also the fact that she has done any test to ascertain whether the delivered a child. As already mentioned, baby was born alive or dead, but I have the doctor’s (PW-8) evidence on which already said in the instant case looking the entire prosecution case depends, is not at the organs of the body during post- convincing as admitted by the doctor he mortem examination that the child was has not done any test to find out whether born alive. the baby was born alive or not. Even in the Inquest Report (Ext. P-3), there is no mention — It is true that there were no nail marks that there were any marks of injury. It has on the neck of the baby. only been mentioned that some blood has — It is true that I did not notice the colour been found on the right side of the mouth. of the eyes, eyelids and position of the This is also evidence of all the witnesses, eyeballs and the colour of the lips of who entered it to the room of the appellant the dead body. and saw the dead baby. While examining a case of suspected case of infanticide, the — It is true that there were no blood foams doctor should find out data for arriving at in the mouth nor there was any blood the two main conclusions germane to such foams in the nose and ears. cases, that the child was born alive, and it met with a post-natal violent death. In this — It is true that I had not taken the weight case, the doctor has not directed his attention of lungs. towards the necessity of doing of these tests — It is true that I had not mentioned the and has admitted that he has not done any nature of strangulation that is how test as to whether the child was born alive strangulation is caused.” or dead, as it is already indicated in Modi’s Medical ‘Jurisprudence an Toxicology’ as From the above discussion, it is clear that the to what are the duties of the doctor to find statement of the concerned doctor (PW-8) out at the time of post-mortem in case of regarding absence of hydrostatic test facility infanticide. But, these thing not been done, is nothing but showing the great negligence it cannot be definitely said that in fact, the from the side of doctor, since for hydrostatic child was born alive and was not still born. test, a bucket of water is necessary in which The other evidence in this case only shows lungs, heart and tongue, collected enemas that the appellant gave birth to a child, to be placed if the same is floating, then which was found dead. The circumstantial lungs should be separated and cut into evidence, however strong, cannot take the small pieces, once again if these cut pieces place of legal proof.

July - September, 2011 23 The Indian Police Journal On a conspectus of the evidence adduced “It is a case of 100% burn and the deceased in this case, I am of the view that the has committed suicide within the four walls prosecution has not been able to prove of the kitchen, but Autopsy Surgeon (PW-10) the case beyond reasonable doubt and the Dr. S.D. Garg, failed to mention presence benefit of this should go to the appellant.” or absence of carbon particles in the mucus membrane of nose, nasopharynx, In Court on its Own Motion v. The State of trachea, larynx and bronchi and also so Jharkhand and Ors., 2007 (2) BLJR 1363, many other things which are normally Division Bench of M.K. Vinayagam & P. available in a burn case by kerosene, Kohli, JJ. at para 22 (viii) made the following because according to the prosecution case, observation regarding complaint lodged by deceased having poured kerosene oil on the father of the deceased Abhishek: her person lit fire, must have produced lot of carbon dioxide and other gases and “Dr. Mishra has got the Post-mortem Report the same would have been inhaled by the examined through Dr. Gaurav Agarwal. He deceased. Dr. Garg has also not mentioned gave a report indicating different opinion. in the Post-mortem Report whether According to him, the post-mortem was the burn injuries were post-mortem or hurriedly done and death could not have ante-mortem and no finding or data has occurred due to asphyxia due to drowning. been given in the Post-mortem Report, on Dr. Agarwal has given a clear opinion that the basis of which one can assess that the if death has occurred due to asphyxia due burn injuries were post mortem or ante- to drowning, then there would have been mortem. All these medico requirements signs of asphyxia as well as the presence of are discussed in great detail in Division water, mud, etc. in the respiratory passage Bench judgement of this court in case of and the lungs. Admittedly, there is no Ashok Dubey (Dr.) v. State of M.P., 1980 mention about presence of these things in JLJ 250.” the Post-mortem Report. According to him, body had no mark of drowning and the body In Ashok Dubey (Dr.) v. State of M.P., 1980 was not swelling at all. From the injuries, as JLJ 250 at para 20, His Lordship Malik, J. is apparent from photograph, some of the made the following observation: cut injuries on the face and head must be “The questions put to Dr. K.S. Shrivastava ante-mortem. The eyes and lips were totally by the Public Prosecutor would reveal how smashed. Two teeth had broken. This cannot deliberately and suppressive the report had be possible by a fall into the deep water. The been made. The report does not mention the opinion of the post-mortem doctor that the degree of burns, the percentage of burns, injury could have been caused by aquatic the presence or absence of carbon particles lives is highly unlikely, as the body was in the mucus membrane of the nose, taken out after 22 hours. As per the medical nasopharynx, larynx, trachea and bronchi, jurisprudence in order to find out whether whether the colour of the blood had changed the death was due to drowning, the doctor into cherry red due to absorption of carbon has to conduct diatom test. This was not monoxide showing reactions of carboxyl done. Further, blood sample and sample of haemoglobin, whether the burns were ante- spleen was not preserved for examination. mortem or post-mortem, the nature of blister The injury on the right leg has been ignored formations, the line of redness, vesication in the post-mortem.” and reparative processes even though the blisters had peeled off, the presence or In Raju @Rajendra Prasad v. State of M.P., absence of petechial haemorrhage, the 2002 Cri.L.J. 2367, I (2002) DMC 655, His stomach contents, whether digested or Lordship S. Kochar, J. at para 19 made the semi-digested and above all, the reasons for following observation about incomplete non-preservation of the viscera. These were documentation of post-mortem injuries by vital points on which the Autopsy Surgeon the doctor, who conducted medico-legal should have furnished data. The tendency autopsy in the following way: of an Expert witness, as we generally find is

24 July - September, 2011 The Indian Police Journal to substitute his judgement for that of the (vii) When medico-legal examination of leaving court, forgetting that howsoever confidently was not at all carried out meticulously in he may speak, he is not infallible and the heinous cases like child rape availability of authoritative treatises on the subject can be taken advantage of by In S. Krishna v. State of Karnataka, 1998 the Judge in testing the correctness of his Cri.L.J. 785, His Lordship M.F. Saldana, J. opinion. The medical witness when called at para 4 made the following observation in as an Expert is not a witness of fact. His this regard: evidence as an Expert is evidence of opinion, “…Again, we need to take note of the fact which the court may or may not accept, that in rape cases, even though the medical depending on the data he has collected evidence and forensic evidence is of critical and the reasons he has given for coming to certain conclusion. The Expert is a privileged importance, that having regard to the person, no doubt, provided he discharges manner in which delays occur particularly his duty intelligently, conscientiously and on the part of the investigating authorities with a sense of responsibility. But, slightest and the worthy persons, who are incharge deviation from an honest labour brings of public hospitals and the careless manner him a charge of incompetence and even in which exhibits and clinical samples are sometimes of demonstrable corruption.” taken and stored, that merely because the medical evidence is not positive or the In Husenera Begum v. State of West Bengal forensic evidence is not positive…” (2004) 2 CALLT 410 HC, 2004 (1) CHN 215, at para 4 of the same judgement, court From the above-mentioned instances, said- which came under judicial scrutiny, it can be seen that how fatal or damaging the “…First post-mortem examination carried by consequences could flow from the negligent the Autopsy Surgeon Dr. S.K. Majumdar of and careless manner of conducting medico- Raigunj Hospital could not give any positive legal examination of ante-mortem or post- opinion and his opinion was that it might mortem injuries. The Medico-legal Experts be a case of suicide and the injuries might have to be, therefore, very careful in their have been caused by bullets fired from a examination of subjects covered by the revolver…” medico-legal examination. Therefore, it is true that careless medico- legal examinations of the dead body can Medico-legal examination is done to bring severe judicial criticism against unearth real cause of injury or death, the doctor and also the court may invite despite stated history of the same by the re-investigation by any other agency like Investigating Officer, as heard by him CBI, if the court thinks so as in the case of from the witnesses or relatives/friends. Court on its Own Motion v. The State of The meticulous examination of Medico- Jharkhand and Ors., 2007 (2) BLJR 1363. legal examination shall also help to arrive at a reasonable conclusion respecting “Example of judicial stricture against the accidental or suicidal or homicidal nature doctor can be referred from para 59 of of death and injuries leading to death or Ashok Dubey (Dr.) v. State of M.P., 1980 otherwise. Documentation of medico-legal JLJ 250— examination should, therefore, be prepared “ We must record here our strong very carefully in order to arrive at scientific condemnation for perfunctory, findings. This also includes taking care that superficial and misguiding post-mortem injuries caused by the Medico-legal Expert examination conducted by Dr. A.K. for the purpose of his examination are Srivastava. A copy of judgement may, carefully recorded and excluded from those therefore, be sent to his Head of Department sought to be examined for their linkage to and one to Indian Medical Council to assess the cause of injury or injuries leading to him for his professional ethics.” death or otherwise.

July - September, 2011 25 The Indian Police Journal In cases of death apparently due to burning, Department in such cases and whether overrunning by the train on Railway track, there is any obligation on the part of the drowning, suicides, road accidents, etc., this Medical Officer to forward the Post-mortem care and caution earns rich dividends for the Report to the Investigating Officer, as early examination by Medico-legal Experts and it as possible immediately after the post- is for the Investigating Agency to see the truth mortem is conducted. As we understand, behind the veneer of deceptive appearances as soon as the post-mortem is conducted, contrived by the vested interests. the Medical Officer, who conducts the post-mortem, is expected to take down the (viii) Tampering of physical evidence collected notes as contemporaneous record of the during post-mortem examination post-mortem examination and immediately It has come to our notice from different thereafter, Post-mortem Report should be newspapers, Internet sources regarding prepared and forwarded to the concerned Shopian Case as well as in Arushi Case, authorities, in this case, the Investigating where DNA profiling of vaginal swab Officer. did not match with the other organs like Therefore, issue show cause notice to the viscera’s. As per laboratory report when the Director of Health Services, Government samples reached to the same, there was no of West Bengal, as to why this court should tampering of seal. It clearly indicates that not take appropriate action in the matter. but for the tampering at the despatch stage Court expects that on the returnable date, or prior to that, this anomaly could not have the Director of Health Services would file arisen. his affidavit and place on record the state (ix) Delayed Post-mortem Examination Report of affairs and the rules and regulations, which govern the subject. Show cause Delayed Post-mortem Examination Report is notice be served through Collector/District a headache for the prosecution as because of Magistrate, Kolkata…” such delay, it is not possible for prosecution to file charge-sheet within due course of In the same case, interim order, dated 14-12-2010, time. Judicial stricture regarding delayed the same bench of Calcutta High Court directed Post-mortem Examination Report can be the following to the Director of Health Services, referred from (Smt.) Arati Ghorai and Anr. v. Government of West Bengal: State of W.B., CRM 15447 of 2010, which is an application for bail under Section 439 “1. Post-mortem examination must be of the Code of Criminal Procedure filed on done within a few hours of receiving 10th November, 2010 in connection with the dead body. Chandipur P.S. Case No. 101 of 2010, dated 2. The Post-mortem Report must be sent th 25 August, 2010 under Sections 302/34 of to the Investigating Agency then and the Indian Penal Code, Interim order, dated there. 6-12-2010, Division Bench of J.N.Patel, CJ. and Ashim Kumar Roy, J. said the following 3. Viscera must be handed over to the regarding delayed Post-mortem Report: Investigating Agency immediately thereafter.” “…This court can take judicial notice of the fact that the Post-mortem Reports are not I. Problems in determining Age of forwarded with urgency to the Investigating Victims in Medico-legal Cases Officer in case of unnatural death, resulting in delay in further investigation of the case, In Kamal Kishore v. State of H.P. (2000) Cri.L.J. which are triable by Court of Sessions. 229 (SC), where the age of rape victim was fixed by the doctor without conducting ossification We, therefore, would like to know from the test or other pathological test, just only relying Director of Health Services, Government on clinical examination, the Hon’ble Supreme of West Bengal, as to what practice and Court held that assessment of age so made procedure is adopted by the Health was on fragile premises. In Hiralal v. State of

26 July - September, 2011 The Indian Police Journal Haryana, 1994 Cri.L.J. 2471 (P&H), medical Expressing their strong disapproved of the report opinion without ossification test regarding age of Medical Expert of the Jail, the Hon’ble Supreme is of no consequence. In Chidder Ram v. State, Court ordered CBI investigation to unearth truth 1992 Cri.L.J. 4073 (Del), where the judicial in this matter. observation regarding age determination by In Tej Prakash v. State of Haryana, 1996 SCC ossification test was to the effect that age may (Cri) 412, it was observed: vary by two years on either side. In Taimu Ali and Others v. the State of Assam, 1977 Cri.L.J., NOC “A dead body was examined by a Board of 243 Gau - Age can be ascertained from: (i) teeth, three Doctors, two of whom opined death (ii) ossification of bones, (iii) height and weight, due to strangulation on account of fracture (iv) other misc. science. of hyoid bone in the process of lifting the body from the well. The court observed: However, little reliance can be attached on individual test. But taken together, they may offer “Dr. Bhutani (PW-9) stated that in this case, a fairly reliable means of estimating the age of the it is possible to rule out the possibility of person. Thus, if all the epiphysis are found to be death by drowning because of the presence united, that would mean that the person is above of injuries on the person of the deceased 25 years. as described. If the injuries as described on the deceased were absent, there was a Therefore, it is expected from the medical expert rare possibility that it might not have been that teeth, ossification, height and length, etc. impossible to determine whether death should be mentioned in Age Determination was on account of drowning. In view of Report with limiting range. this categorical statement on observation J. Difference between Medico-legal made by the witness that possibility of Autopsy Report and Medical Expert’s hyoid bone fracturing in the process of dead Opinion body being taken out does not in any way weaken prosecution case. This was only In Ajab Singh v. State of U.P. AIR 2000 SC his subjective opinion and does not run 3421, where the Medical Expert of Jail was of the counter to the objective part of the Post- opinion that the death was due to jaundice and mortem Report, namely, that the death was liver failure in a case of death in Judicial custody, caused due to fracture of hyoid bone and but the medico-legal autopsy conducted by a the said injury was ante-mortem in nature. Panel of Doctors opined that the death was due None of the symptoms, which attached to to shock and haemorrhage on the basis of the death by drowning, e.g., water in lungs or following injuries found on the body: in the stomach, were present and Dr. J.L. Bhutani (PW-9), in his Examination-in-Chief l Multiple contusions in an area of had categorically stated that the fracture of 18 cm. × 7 cm. on back of right waist and the hyoid bone was ante-mortem in nature hand. and this corroborates the evidence of Dr. K.C. Jain (PW-1) as well as the Post-mortem l Contusion measuring 6 cm. × 4 cm. on Report.” medical aspect of right ankle joint. K. Conflict between Post-mortem l Contusion measuring 5 cm. × 3 cm. on Examination and Forensic Science medical aspect of left ankle joint. Laboratory Report l Multiple contusions in an area of In Mangat Ram v. State (Delhi Admn.), 1988 (I) 18 cm. × 7 cm. on back of left forearm Crimes 998 (Del) : During medico-legal autopsy extending up to left hand. of the deceased, the doctor, who conducted the l Traumatic swelling measuring same, found that vagina was torn along with 25 cm. × 20 cm. on front abdomen. symptoms of asphyxia, on the basis of which the doctor opined that deceased died due to All the above-mentioned injuries were opined to strangulation after sexual intercourse. But in this be in nature of ante-mortem. case, according to the request of the SHO, during

July - September, 2011 27 The Indian Police Journal autopsy necessary samples, including viscera or any officer not less than the rank of Addl. was preserved and the laboratory examination D.C.P. under the supervision of D.C.P. (Crimes). of the same confirmed the presence of cyanide. Furthermore, at para 13, the court expressed the However, it was not proved that the accused following view: administered poison. Benefit of doubt was awarded to the appellant. It underlines the need “If necessary, the dead body of Bina can to reconcile the observation of the Medico-legal also be exhumed for taking the investigation Expert with the Expert Examination Report of the to a logical end.” Forensic Scientist in order to deny undue benefit Therefore, differences between Medico-legal to the accused/suspects. Autopsy Report and Forensic Science Laboratory In case of Smt. Karpai v. State (Delhi Admn.), Cri. Report must be reconciled by further investigation App. No. 72/1994 decided on 3-7-2009, where and by consulting the Medico-legal and Forensic the doctor conducted post-mortem examination, Expert. But for the same, the consequences Dr. R.K. Barua (PW-19) that the deceased are going to be fatal for the success of the Murugan died due to carbamet poisoning, but prosecution case in the court. It may be seen that the report from CFSL indicated that the viscera the irreconcilable findings of Medico-legal Expert and the blood sample tested positive for active and the Forensic Science Laboratory has not only constituents of Kaner. led to acquittal of the case, but has also earned strictures of the court on police investigation. In this case, where Kaner is a botanical poison, but carbonates are the salts and esters of carbonic L. Miscellaneous Problems acid. The success of detection of a criminal case during This discrepancy led to the acquittal of Smt. investigation and during trial also depends upon Katpai by the Hon’ble Delhi High Court because some other factors, besides those discussed of lack of positive and unambiguous evidence in the preceding paras. Some such problems connecting the accused with the cause of death. encountered by the police and prosecution are discussed in the succeeding para. In the case of Court on its Own Motion v. State (Delhi Admn.), 1994(3) Crimes 13(Del) regarding (i) Hostile witness discrepancies between post-mortem findings Importance of hostile witness has been and FSL findings at para 9, Hon’ble Judge R.L. highlighted by the Allahabad High Court in Gupta of Delhi High Court made the following the case - Jamuna Nishad v. State of U.P. observation: Criminal Misc. Bail application No. 21862 “Now, it seems rather strange that the doctor of 2008 decided on 9-9.2008, where the conducting post-mortem examination found court was of the view that– symptoms of recent sexual intercourse upon “The record of this bail application further the dead body of Bina. While the report indicates that the applicant had a criminal of CFSL says that no reaction was found history. He was tried on many occasions and regarding the presence of semen or crime ash the judgements, which have been appended material lifted from the clothes, buttock and by the applicant himself, clearly indicate thigh of Bina. It is very difficult to reconcile that all those cases landed up in acquittal, these two facts, viewed in the background because either the witness turned hostile or of the manner in which the investigation the case was forced to compromise.” has been carried out in this case by the local police right from day one, I am of the It can be seen that despite a series of cases, view that all these facts require a detailed the accused could secure acquittal in all on investigation. My prima facie conclusion is the basis of witnesses turning hostile. This that the conduct of the local police is not fact, the accused, has been using to his free from blame and the investigation has advantage in subsequent cases to get bail not been fair.” from the courts and acquittal as well. In the said case, the Hon’ble Judge ordered According to Hon’ble Supreme Court of reinvestigation of the case by D.C.P. (Crimes) India in Satpal v. State (Delhi Admn.), AIR

28 July - September, 2011 The Indian Police Journal 1976 SC 303, a hostile witness is one who “…We need to observe here that the oral is not desirous of telling the truth at the evidence of Dr. Rajarathnam (PW-3), is instance of party calling him. more than unsatisfactory and we have no hesitation in holding that he was certainly In Sehja Ram & Anr. v. State of H.P., approached. Despite the fact that he has 1985(I) Crimes 77(HP) [Cri-App. No. 51 been treated as a hostile witness and of 1981, decided on 13-8-1984] when all cross-examined, he has tried to side with the eyewitness have refused to support the the accused and we take a serious view of prosecution stand, the charge against the this fact, particularly since the man was a accused would certainly be not stated to Government Doctor. It is unfortunate that have been established beyond doubt, so as a professional, while dealing with a serious to justify his conviction. case of the present type, has attempted to give evidence, which is nothing short of It has generally been observed that perjury. But, this fact does not necessarily eyewitness turned hostile, but it is true that prove fatal to the prosecution. We do sometime scientific or medical witnesses recommend that the concerned authorities may also turn hostile: take appropriate disciplinary action against the concerned doctor after affording him In Mohd. Jahangir Patham v. State of a reasonable opportunity to show cause, Gujarat, 1995 Cri.L.J. 671 (Guj) (DB)– because this court cannot take a lenient The public witness did not support the view, particularly of situations, where prosecution case that charas was seized heinous offences involving sexual assaults from the possession of the accused by the on minors take place, and the very medical Investigating Police Officer. Though, the authorities, which should be instrumental report of the public analyst disclosed that in assisting the administration of justice in the sample analyzed was charas, but it was bringing such persons to book, are found to not established that the article seized was join hands with the culprits and subvert the sent to the Public Analyst. Therefore, the due process of law.” conviction was set aside. In The State v. B.K. Pal Choudhury, 1959 Cri.L.J. 1147, His Lordship Deka, J. of In S. Krishna v. State, 1998 Cri.L.J. 785 Gauhati High Court at para 6 made the (Kar), where the doctor, who examined following observation: the prosecutrix, endorsed the certificate of commission of rape on the victim, but he “While dealing with the evidence in the tried to take side with the accused. The court, case, it appeared to the court that there was taking a serious view of this fact, particularly a reasonable and probable cause to hold that when the same was a Government Doctor, the Civil Surgeon Mr. B.K. Pal Choudhury considered the act of the doctor as nothing had intentionally lied while deposing in short of perjury. But, this fact does not the committing court as to the marks and necessarily prove fatal to the prosecution. symptoms on the girl as to alleged violence on her. The court accordingly directed notice The court recommended disciplinary action to be issued on him to show cause as to why against the concerned doctor observing a complaint for commission of an offence that the court cannot take a lenient view, under Section 193, IPC should not be filed particularly of situations, where heinous against him as provided under Section 476 offences involving sexual assaults on minor or 476-A, Cr.P.C., for intentionally giving take place, and the very medical authorities, false evidence at a certain stage of a judicial which should be instrumental in assisting proceeding This order was passed the day the administration of criminal justice in the two connected appeals were disposed bringing such persons to book, are found to of by this court.” join hands with the culprits and subvert due process of law. His Lordship Saldanha, J. of (ii) Incompetence of expert witness Karnataka High Court made the following Slightest deviation from honest labour observation at para 9: by an Expert may bring him the charge

July - September, 2011 29 The Indian Police Journal of incompetence and even sometimes of doubt about the entire process of recording demonstrable corruption, rendering him of dying declaration. Stand of witness that unworthy of credit (1980 Jab LJ 250). In the doctor gave him permission to record dying same way, Young, J. of Allahabad High Court declaration shows that he was very much in Happu v. Emperor, AIR 1933 All 837, aware of such condition and its importance. held that made the following comments at Ext. 23, which required this witness to record para 10: Seema’s dying declaration mentions the fact to stove flaring up suddenly and Seema “ …The Chemical Examiner and his sustaining 100% burn injuries. If PW-4 had Assistant, both being human, are liable to received Ext. 23, it was necessary for him to err, especially in such a delicate operation obtain fitness certificate from doctor before as the Marsh-Berzelius process. There is not recording dying declaration. However, in this case the slightest allegation against he has not done so. Ext. 23 is obviously the Chemical Examiner, but it is equally prepared after receipt of Ext. 29, because it possible that these privileged persons might mentions the same fact. It was also prepared be half blind, incompetent, or even corrupt. before alleged dying declaration recorded by I take judicial notice of the fact that an PW-5-Bala otherwise the language of enquiry is not taking place in India as to Ext. 23 would have been different and whether a Chemical Examiner has made a PW-5-Bala would have mentioned in it that false report…” Seema was burnt by her husband as per Same comment may also be found in AIR information gathered by him. 1949 Nag 66. It is very interesting to note that the case, AIR 1933 AII 837 was cited in The information (Ext. 29) clearly mentions the 25th Report of Law Commission of India that Seema was not fit for giving statement at page 12, Appendix IV, September 1963. and she had sustained 100% burn injuries. In view of this position, it was obligatory (iii) Recording of dying declaration without on the part of PW-4 and PW-5 to obtain fitness certificate from doctor fitness certificate of the deceased Seema before recording of her dying declaration. In Vasanta v. State of Maharashtra, 2008(I) They ought to have mentioned the Mh.L.J. (Cri), B.P. Dharmandhikari, J. made said verification and satisfaction in the the following observation: respective dying declarations recorded “Thus, again this dying declaration shows by them. The evidence of PW-4-Dhanraj that PW-4, the Executive Magistrate, has shows totally unsatisfactory state of affair not obtained any fitness certificate from in this respect. Neither he himself has the doctor. He only states that doctor taken any trouble to find out whether gave him permission for recording dying Seema was fit to give her dying declaration declaration. He himself does not say that nor did he obtain such certificate from he put any question to Seema to ascertain doctor. His cross-examination shows that her fitness and to find out whether she was Seema was in pain, groaning and was in a fit condition to give dying declaration. also unconscious. In view of this position On the contrary, he has tried to state that of dying declaration recorded by PW-4 at doctor has made endorsement on said Ext. 24 cannot be accepted.” dying declaration as ‘Seen’ but later on, he pointed out that it was by S.D.P.O. and (iv) When recovery of crime exhibits remains corrected himself immediately. In cross- unproved examination, he has stated that Seema was In Kailash v. State of M.P., 2007(4) M. P. L. groaning, obviously due to pain though J. 324, Sheela Sharma, J. made the following initially he denied it. He also stated that observation: she was unconscious. This evidence along with the fact that there is no verification “Another circumstance against the appellant of fitness of the deceased Seema either as alleged by the prosecution and as relied by him or by doctor clearly casts a serious upon by the Trial Court is that recovery

30 July - September, 2011 The Indian Police Journal of bloodstained clothes - shirt, baniyan that it may have been a statutory a moral and underwear from the accused, who duty or even a duty according to rules for was wearing these clothes at the time of these doctors to inform the police about incident. The seizure memo of these clothes the admission of the burn patient, but non- is found along with the charge-sheet. But, information will not amount to causing no witness has proved the seizure memo. disappearance of offence. This seizure memo is alleged to have been prepared by the ASI M.S. Rawat and the (vi) Refusal to treat the victims of medico-legal two independent witnesses of the seizure cases memo are Phool Singh and Vijay Singh. But, In Rajendra v. State 1993 (3) Crimes 974, all these witnesses have not been examined PW-4, who was by profession a doctor by the prosecution. ASI M.S. Rawat is said refused to treat Pappathi because of this to be dead but S.D.O.P. Santosh Gaur (PW- being a medico-legal case. This incident 11) has been examined, who could have was highly criticized by Thangamani, J. of proved at least the signature of M.S. Rawat Madras High Court at para 31: in the seizure memo. But, even he has not stated anything about the recovery of these “Before parting, we would like to place clothes from the accused. Thus, recovery of on record our disapproval of the conduct these clothes has remained unproved. of PW-4 doctor who has expressed his inability to render any medical aid when It is pertinent to mention that at the time he was called upon to do so for deceased of examination of the witnesses before the Pappathi when she was lingering for life. Trial Court, the alleged seized clothes were neither produced before the witness nor It is admissible in cross-examination that exhibited by the prosecution. According to because it was a medico-legal case, he did prosecution, when the accused was sent not treat Pappathi.” for medical examination, Dr. Ravindra But, in Paramanand Katara v. Union of Chaudhery (PW-7) has seized the pant India, AIR 1989 SC 2039, the Hon’ble of the accused and handed over it along Supreme Court of India held that– with sealed packets of slides to the police. But, Dr. Ravindra Chaudhery (PW-7) has “ Every injured citizen brought for medical nowhere stated in his statement before the treatment should instantaneously be Trial Court that he got recovered the pant given medical aid to preserve life and, of the accused and handed over it to the thereafter, the procedural Criminal Law police. Even the alleged seized pant has not should be allowed to operate in order to been produced at the time of examination avoid negligent death. There is no legal by the said doctor.” impediment for a medical professional when

Note: Regarding identity of the signature of a person he is called upon or requested to attend by another person, who is acquainted with the to an injured person needing his medical handwriting of the same, in Rameshwar Prasad assistance immediately. The effort to save Srivastava v. State of U.P., 1984 Cri.L.J. 996 the person should be the top priority not (AII), a Pharmacist, who was acquitted with the handwriting of the doctor, proved the signature of only of the medical professional, but even the same doctor. of the police or any other citizen, who happens to be connected with the matter or (v) Delayed despatch of information to police who happens to notice such an incident or regarding admission of medico-legal case a situation… preservation of human life is of in hospital paramount importance. That is an account In Dr. (Smt.) K.K. Patnayak and others v. of the fact that once life is lost, the status State of M.P., 1999 Cri.L.J. 491 (M.P.), quo ante cannot be restored as resurrection where the doctors informed the police is beyond the capacity of man. The patient about the admission of a burn case patient whether he be an innocent person or be in a abnormally delayed period, i.e. 6 days a criminal liable to punishment under the after admission to hospital, the court held laws of society, it is the obligation of those

July - September, 2011 31 The Indian Police Journal who are incharge of heath of community to (viii) Entering into the domain of Judiciary preserve life, so that the innocent may be protected and the guilty may be punished.” It has been observed from the case laws that sometimes, Expert had unnecessarily (vii) Language to be used by Expert while entered into the domain of Judiciary, which deposing at the Court of Law was highly criticized by the Judiciary. In this regard, example can be drawn from– Core group on Forensic Science established by N.H.R.C. on their report– l In Baswantrao Bajirao v. Emperor, 1949 Cri.L.J. 181 at para 9, the court “The State-of-the-art Forensic Sciences for said: Better Criminal Justice” at page 42 under para 4.2 under the heading ‘Suggestion’ for “That a medical witness, who considers legal status to Forensic Sciences commented it unnecessary to examine a person, that– however sane at the moment, for suspected lunacy is not of much value.” “ The job of a Forensic Expert is only half done after the scientific tests have In this case, Dr. Roy has attempted been completed and the written report to substitute his judgement for that is submitted. The other half is to present of the court and that of course is not the results of the texts in a form that is permissible. The question whether in admissible in the Courts of Law in a manner given circumstances, a man was sane that is understandable by the Judiciary.” or insane is for the court to decide. An Expert can only furnish a court with data Such comment clearly indicates the need from which insanity can be inferred. for knowledge of Law, Criminology, legal It is beside the point whether in the drafting and convincing of the fact, are opinion of the doctor the man was necessary during Expert work, whether medically insane. Even that would be Medico-legal Expert or Forensic Expert. a dangerous conclusion on the slender data on which Dr. Roy proceeded but, Core group on Forensic Science established however, that may be what we have by N.H.R.C. in their report– to decide is whether the man was legally insane and there, at bottom, the “The State-of-the-art Forensic Sciences for question is a simple and commonsense Better Criminal Justice at page 2 mentioned, one, which ordinary Jurors can easily today, neither the impact of the Forensic comprehend. I do not minimize the Science is adequately felt at the national value of Expert evidence in these cases, level nor the Forensic Scientists have a but I deprecate the attempt to cloud a sense of pride in their profession, as they simple issue in a deluge of scientific have not been able to make a big dent in words, which no ordinary Juror would the Criminal Justice Delivery System of the be able to understand. Even though country.” cases of this type are tried without a Jury The Nagpur High Court and also some in this Province, the law is grounded on the assumption that the issues are ones, other High Courts deprecated the attempt to which “twelve good men and true” can cloud a simple issue in a deluge of scientific comprehend and answer. words, which no ordinary Juror would be able to understand - 50 Cri.L.J. 184; AIR l In Anant Chintaman Lagu v. State of 1948 Nag 66: 1952 Cri.L.J. 1012(Cal). Bombay, AIR 1960 SC 500, 1960 SCR (2) 460, the Apex Court said: Therefore, it is expected from an Expert that he should use simple language as well as use “…To rely upon the findings of the of referred cases in support of his findings, medical man, who conducted the post- because the persons, who will evaluate his mortem and of the chemical analyzer as findings, are not technical experts. decisive of the matter, is to render the

32 July - September, 2011 The Indian Police Journal other evidence entirely fruitless. While if PW-8 Dr. Basak was qualified the circumstances often speak with in medical science to distinguish unerring certainty, the autopsy and the cadaveric spasm, which is not rigor chemical analysis taken by themselves mortis. In his deposition, besides may be most misleading…” saying that he is M.O., Police Case Hospital, he does not even l In Majee Taha v. State, 1973 Cri.L.J., say that he is a medical graduate, 526 at para 10, the court said- far less does he mention his “…It is not permissible to him (medical qualifications and experience in Anatomy, Physiology or Surgery. witness) to substitute his judgement for The Lawyer for prosecution was that of the court.” not elicited any fact that may So, it is wise for an Expert to be within show that he is an Expert whose his own domain while attending court, opinion will be admissible in otherwise his reputation will drop in evidence under Section 45 of front of Judiciary. Evidence Act. The Learned Trial Judge has completely neglected (ix) When the Expert was unable to brief the that absence of evidence on that court about his qualification provable fact. Both of them have assumed too much in favour of Inability from expert to brief the court about prosecution on that essential point his qualification is always fatal for the side, of fact. Law does not permit any which called his service. In this regard, assumption without evidence on example can be referred from the following material point of competence of case law: the witness, who offers opinion l Raj Kishore Rabidas v. The State, AIR for consideration against an 1969 Cal 321, 1969 Cri.L.J. 860 at para accused.” 52, the court observed as: (x) Quality of Evidence “52. Another feature in the deposition of Even Apex Court orders also stressed upon PW-8, who held the post-mortem quality of evidences in this regard– examination barely 13 hours after the death of the victim is that it l In Sheelam Ramesh and Another v. mentions that rigor mortis was State of A.P., [(1999) 8 SCC], The Apex present all over. But, no information Court opined: has been vouchsafed to enable the “…Courts are concerned with quality court to ascertain if there was any and not with quantity of evidence and element of cadaveric rigidity or in a criminal trial, conviction can be spasm present in what was being based on the sole evidence of a witness described as rigor mortis. It is if it inspires confidence.” well known that cadaveric spasm occurs in cases in which death l In Ramjee Rai v. State of Bihar, 2006 was immediately preceded by a AIR SCW 4816 at para 25, the Supreme state of great nervous tension or Court of India held that– excitement caused either by terror “It is now well-setteled that what is or struggle. Both struggle and terror necessary for proving the prosecution and also excitement were implied case is not the quantity but quality of in prosecution case itself, because evidence. The court cannot overlook PW-2 spoke of shouts Nepal the changes in the value system in the saying, “Bachao, bachao’ and he society…” ran after the assailant even after receiving mortal injuries. Indeed, The illustrative sample of cases discussed in the we have no material in evidence preceding paras underlines the great importance

July - September, 2011 33 The Indian Police Journal and positive use of the scientific aid to the find out where the fault was found to exist and investigation in arriving at truthful conclusion which damaged the cause of prosecution. This about different aspects of crime. Forensic analysis process will not only be helpful to find out the provides an important chain in establishing corpus fault, it will also increase the conviction rate delicti or the body in the cases of suspicious deaths, especially if such process continues in those homicides and suicides. The Police investigation, States where conviction rate is relatively low. the Forensic Scientist and the Medico-legal Experts have to play the main role in enquiring into the The notable points, which may be relevant for facts and circumstances leading to the death of this proposed process of audit for Police and a person under investigation. To fulfil their role Forensic Experts, are described below: effectively, all of them should have fair degree of A. Police: understanding of the Criminal Law and Procedure as well the Forensic Science, whose application (i) Any complaint relating to delay in can help the cause of investigation spectacularly. registration of crime Improper scientific knowledge with the I.O., (ii) Discrepancy in chain of custody. the first respondent to the crime coupled with improper handling of scene of crime, may either (iii) Date of collection of physical contaminate the samples required to be tested evidence, date of submission of the or destroy the evidentiary value, which could be same to the laboratory. obtained on proper lifting, sealing, forwarding (iv) If there is any excessive delay, the to the Expert/Laboratory for examination. reason for the same. Therefore, association of Forensic Expert with the police investigation right from the beginning (v) Whether the reference of AIR 1979 and their effective liaisioning with the Medico- SC 1791 was cited in the Court of Law legal Expert can contribute very significantly or not for speedy judicial permission and sometime decisively, to the solving of the or not? crime. The coordination and cooperation among the Police, Forensic Scientist and Medico-legal (vi) Condition of the malkhana where Expert in criminal investigation is the key to physical exhibits were kept, including the qualitative and quantitative improvement in pest & rat control. criminal investigation. Therefore, any strategy to improve quality of investigation must include this (vii) Any incident of mismanagement of concept of effective cooperation and coordination physical evidence or not? among Forensic Scientists, Medico-legal Experts (viii) Any discrepancy in FIR or charge- and Police as an essential element. sheet. Need for Audit (ix) Total No. of prosecution witnesses. After critically examining the above-stated (x) No. of prosecution witnesses grounds, it can be seen that there is essential need examined. to audit the role of Police, Forensic Science and Medical wings with an object to ascertaining their (xi) If there is any difference between (ix) role in those cases where prosecution has failed and (x), what are the reasons for the to prove the guilt of the accused chargesheeted same? in a court. This audit process can be done by examining FIR, Inquest Report, Charge-sheet, (xii) Any evidence regarding haphazard Post-mortem Report, FSL Report, Medico-legal investigation. Reports, deposition of different witnesses during (xiii) Identification of crime exhibits by Examination-in-Chief and in cross-examination the PWs whether right or wrong? with a perpendicular approach along with the Trial Court judgement to find out basis for adverse (xiv) Non-production of important comments. The total process may be conducted witnesses or report(s) during trial and on different points, which will help the audit to reasons therefor.

34 July - September, 2011 The Indian Police Journal (xv) Crime scene photography and (v) Difference between Inquest and application of reference scale for the Post-mortem Report. same. (vi) Findings of any contradiction in (xvi) Noting of all important features of a Post-mortem Report, if yes, how it dead body for identification. affects prosecution case. Whether Post-mortem Report version supports (xvii) Violation of provisions of Police the view of authoritative treatise on Manual/Police Regulations. Forensic Medicine/Science. (xviii) No. of witnesses turned hostile, and (vii) Any difference between P.M. reason for the same. Examination Report and FSL Report, (xix) Annual grant received for reasons for the same. infrastructure development and (viii) Violation of provisions of Police extent of its utilization. Manual/Regulations. (xx) Utilization of annual grant (ix) Nature of reasons shown in Post- and its impact on qualitative mortem Report, whether sufficient or & quantitative development in insufficient for prosecution version? investigation. (x) Application of photography using (xxi) Need of scientific and legal assistance reference scale during post-mortem versus actual facility availability thereof. (xi) Any contradiction of statement between Examination-in-Chief and (xxii) of police training Course contents cross-examination. and their adequacy vis-à-vis present need. (xii) Submission of necessary data. (xxiii) Any previous record of incompetence (xiii) Annual grant received versus extent or corruption, etc. of utilization. (xxiv) Conduct relating to obtaining fitness (xiv) Utilization amount of annual grant certificate to make statement of dying versus Infrastructure development. declaration. (xv) Infrastructure development versus (xxv) Whether all necessary steps competency development. were adopted to ensure the fair administration of criminal justice or (xvi) Whether facilities for tests essentially not? to be done for the Expert examination are available or not? It not, then is it B. Forensic Medicine: within the financial limit of annual grant or not? (i) Date and time of receipt of dead body, and date and time of post- (xvii) Current forensic medicine course mortem examination. content of M.B.,B.S. versus actual Human Resource Development. (ii) Any preliminary Post-mortem Report or medical report of living was (xviii) Date and time of issuing fitness handed over to the police or not. certificate for recording of dying declaration. (iii) It there is any excessive delay in despatch of Post-mortem Examination (xix) Whether plan for infrastructure Report, reasons for the same. development submitted to bridge the deficiency gap? (iv) Possibility of contamination of exhibits collected during post- (xx) Any previous history of corruption mortem examination. or professional incompetence.

July - September, 2011 35 The Indian Police Journal (xxi) Whether the dead body, when (xiii) In-service Training versus capacity- reached for post-mortem, was sealed built-up arrangements. or not? (xiv) Any incident of incomplete report. (xxii) Any Government order regarding If yes, what are the reasons for the speedy disposal of Post-mortem same? Reports. (xv) Any gross deficiency of the experts (xxiii) Any incident of improper explanation while deposing in the court at of wound and mortal object. Examination-in-Chief or Cross- examination stage. (xxiv) Whether all necessary steps were adopted to ensure the fair (xvi) Difference between Examination-in- administration of criminal justice or Chief and Cross-examination. not? (xvii) Non-production of sufficient data C. Forensic Science: with the report, whether it is a habit of the laboratory or not? (i) Date of receipt of sample. (xviii) Whether the Expert used maximum (ii) Whether the seal of the exhibits when received were intact or not? or minimum or optimum scientific Submission of necessary papers? words during deposition. Is it having any adverse effect on prosecution (iii) Date of examination of sample. version? (iv) If the examination of exhibits were (xix) Reference of foreign judgement or delayed, whether there is any Indian judgement cited in support of possibility of false positive results or Expert’s test carried out in laboratory not? or not? (v) Reasons for delayed examination. (xx) Reproducibility of the test report again and again. (vi) Whether pendency of exhibits is increasing or decreasing? (xxi) Any previous report of criminal activity, contempt of court, corruption (vii) If pendency of exhibits has been or incompetence. increasing, whether any plan was submitted to the Government for (xxii) Any Government award won. speedy disposal of the same or not? (xxiii) Qualifications for recruitment versus (viii) Any plan for modernization of the type work to be performed. lab. submitted or not. (xxiv) Whether all necessary steps (ix) Last five years’ allocation of grant were adopted to ensure the fair versus utilization (yearwise). administration of criminal justice or not? (x) Utilization of grant (yearwise) versus actual infrastructure development The audit process proposed above is a suggestive (yearwise). model, which can be discussed at one or more (xi) Infrastructure development versus workshops involving all stakeholders in Criminal output efficiency & productivity. Justice Delivery System like Police, Prosecutors, Judicial Officers, Correctional Prison Officers, (xii) Age of the important instruments. Experts of Forensic Science and Medicine. An If the age is ranging between 5-10 agreed to model once evolved can be further years, whether the efficiency of such discussed for modalities of its application on an instruments has been decreasing or ongoing basis. Once it is worked out, it can be not? prescribed in the syllabus for various functionaries

36 July - September, 2011 The Indian Police Journal of Criminal Justice System like Police, Prosecutors, analysis facilities and Forensic Experts in order to Judicial Officers, Forensic Experts, etc. It can also benchmark the quality of Forensic Services and be used gainfully for accreditation of forensic Forensic Experts. 

REFERENCES 1. http://indiankanoon.org/doc/1561319/ 2. The Indian Police Journal, Vol. LVI-No. 1, January - March, 2009, pp. 70-71 3. www.ncrb.nic.in 4. The Indian Police Journal, Vol. LVI-No. 3, July - September, 2009, pp. 15- 25. 5. www.indiankanoon.org/doc/392387/ 6. http://indiankanoon.org/doc/1302451/ 7. http://www.kehakiman.gov.my/Judgement/coa/latest/Crpp%2032%20Khairudin%20bin%20Mohd%20 Yusuf%20v%20Public%20Prosecutor%20_W-09-54-2004_.pdf 8. Indian Kanoon - http://indiankanoon.org/doc/1578595/ 9. http://delhicourts.nic.in/May09/MAHABIR%20SING@MAHAVIR%20SINGH%20VS.%20STATE.pdf 10. Gaur, J.R. & Bhalla v. (2008). “Forensic Anthropology in Crime Investigation & The Administration of Justice”, SSBT, ISBN:978-81-903493-2-1, Hb-211. 11. Indian Kanoon - http://indiankanoon.org/doc/469607/ 12. http://indiankanoon.org/doc/402230/ 13. http://indiankanoon.org/doc/551697/ 14. Indian Kanoon - http://indiankanoon.org/doc/1488744/ 15. Indian Kanoon - http://indiankanoon.org/doc/812966/ 16. http://indiankanoon.org/doc/812966/ 17. http://delhicourts.nic.in/Aug07/Shibu%20Soren%20Vs.%20CBI.pdf 18. http://www.indiankanoon.org/doc/137717/ 19. http://www.indiankanoon.org/doc/275312/ 20. http://news.outlookindia.com/item.aspx?664247 21. http://www.hindu.com/2009/09/04/stories/2009090455901100.htm 22. http://www.wbhealth.gov.in/notice/dhs456.pdf 23. http://www.indiankanoon.org/doc/876617/ 24. http://delhicourts.nic.in/Jul09/Karpai%20Vs.%20State.pdf 25. http://webcache.googleusercontent.com/search?q=cache:GDwVv.R5J_sJ:elegalix.allahabadhighcourt.in/ elegalix/WebDownloadJudgementDocument.do?method%3DR%26JudgementID%3D152613+Jamuna+ Nishad+V.+State+of+U.P.+Criminal+Misc.+Bail+application+No.+21862+of+2008&hl=en&gl=in 26. http://indiankanoon.org/doc/1938653/ 27. http://www.indiankanoon.org/doc/1880969/ 28. Report of Core Group on Forensic Science (1999). “State-of-the art Forensic Sciences: For Better Criminal Justice”, N.H.R.C., New Delhi. 29. http://lawcommissionofindia.nic.in/1-50/Report25.pdf 30. Ezaz Ahmed (1996); “Medical Evidence & Gist on Non-Medical Evidence”, Ashoka Law House; Delhi, Hb-24. 31. http://www.indiankanoon.org/doc/820224/ 32. http://www.indiankanoon.org/doc/469607/ 33. http://www.indiankanoon.org/doc/1813863/ 34. http://www.indiankanoon.org/doc/1136935/ 35. http://www.indiankanoon.org/doc/1468199/ 36. http://www.indiankanoon.org/doc/1812871/

July - September, 2011 37 The Indian Police JournalCyanide: A VersatileThe Indian Police Journal Terrorist’s Chemical Weapon and its Counteract Preparedness Amarpal Singh*, Gungun Saxena**, Gurvinder Singh Bumbrah*** and Others

Abstract Keywords The terrorist’s attack incidents have increased manifolds recently so as to create terror. Lives of innocent people have lost in 9/11 World Trade Center, New York City Attack, 26/11 Bombay Attack, Delhi Bomb Blast Terrorism cases, Indian Parliament Attack, etc.

Chemical Weapons Terrorists are using all the latest techniques, equipments and dangerous chemical weapons to make their operation successful and kill large Hydrogen Cyanide number of people. Domestic or international terrorism involving cyanide has, not diminished yet and it has increased in recent years. The United Cyanogen Chloride States has issued a warning that Al-Qaeda, a terrorist outfit, has designed Colour Tests and Head Space simplest form of chemical dispersal devices fabricated from commonly available materials to asphyxiate victims by generating Hydrogen cyanide Gas (HCN) and Cyanogen chloride (CNCl) gas. Chromatography Taking into consideration of warning of cyanide as a terrorist’s weapon, this paper discusses various aspects regarding management of such type of disasters and subsequently, analyzing the physical evidences in Forensic Laboratory to link the perpetrator(s). Introduction ERRORISM is the systematic use of violence to generate fear for achieving political Tgoals. Establishment of terrorism or State- sponsored terrorism is very common and employed by Governments – or more often, by factions within Governments against Foreign Governments by violent and high-profile attacks, by hijackings, hostage, kidnappings, bombings, suicide bombings and

Author Intro. : * Senior Scientific Officer (Chemistry), Forensic Science Laboratory, Sector-14 Extn., Rohini, Delhi-110 085. ** Scientific Associates (Chemistry), Forensic Science Laboratory, Sector-14 Extn., Rohini, Delhi-110 085. *** Assistant Director (Chemistry), Forensic Science Laboratory, Sector-14 Extn., Rohini, Delhi-110 085.

38 July - September, 2011 The Indian Police Journal by other means, such as chemical weapons where During World War II, Germans used hydrogen direct Military victory is not possible. Chemical cyanide, under the name Zyklon B, as a genocidal weapons are chemical substances or poisons, agent in the extermination of Jews in camps. which are used intentionally to cause harm or kill a large number of people causing mass destruction In the 1980s, during the Iran-Iraq War, reports as well as to spread panic and fear. have indicated that hydrogen cyanide gas might have been used along with other chemical agents After 9/11 terrorist attack on World Trade against the inhabitants of the Kurdish city of Center, The United States issued a warning Halabja in Northern Iraq. that Al-Qaeda, a terrorist outfit, has developed Cyanogen Chloride and Hydrogen Cyanide In 1982, Chicago, United States, seven people gases as chemical weapons which is capable of died after taking pain-relief Tylenol capsules mass casualties. laced with potassium cyanide.

After Mumbai 26/11 terrorist attack incident, In 1992, the German authorities foiled a neo-Nazi India has taken stern step to curb the State- plot to pump hydrogen cyanide into a synagogue. sponsored terrorism across the border. The level There was also a neo-Nazi plot to use cyanide to of preparedness is being increased to deal with murder children in a Jewish Daycare Centre in the possible chemical terror threat to avert Bhopal Dallas, Texas’s USA. gas-type disasters. On 26th February, 1993, a bomb was detonated at In August 2009, The National Disaster the World Trade Center and was alleged that the Management Authority released its Guidelines bomb contained an unknown amount of sodium for the Management of Chemical (Terrorism) cyanide packed with conventional explosives. Disaster. NDMA in its guidelines indicated In 1994, on New Year eve, cyanide-laced that terrorists may use agricultural chemicals, champagne, killed at least nine Russian soldiers, Chemical Warfare (CW) agents, dual use six civilians and 53 were hospitalized in chemicals, Toxic Industrial Chemicals (TIC), Dushanbe, Tajikistan. Toxic Industrial Material (TIM), natural gases, petroleum products, other poisonous substances In May 1995, Japan averted a cyanide attack at as the chemical agents, etc. to create terror. Tokyo’s biggest station by seizing two plastic bags containing half a gallon of sodium cyanide The potential of domestic and international and dil.Sulphuric acid. terrorism, involving hydrogen cyanide as a Chemical Weapon, has not diminished. Different In 1996 March, The PKK poisoned water tanks agencies, i.e. Police, RAW, SPG and Hospitals with lethal concentration of potassium cyanide are likely to prepare for the management of such at Turkish Air Force compound in Istanbul. type of disasters because of Commonwealth However, these were discovered before any Games - 2010, in Delhi. In this scenario, Forensic untoward happening. Science will be the most helpful at crime scene to corroborate the evidence and subsequent In 1998-99, in Japan, people were poisoned by laboratory examination for the confirmation of beverage containing cyanide. involvement of cyanides in the terrorist attack. Cyanides History Cyanide is a fast acting and deadly chemical at Cyanide has a long history of use as a murder relatively low concentrations. It is of Military and weapon and has been used as homicidal, suicidal terrorist interest hence, can be used as warfare and genocidal agents. Its abuse goes back to chemical. Military designations for hydrogen ancient times. Death sentences were carried out cyanide and for cyanogen chloride are AN & CK by forcing the convicts to eat bitter almonds. respectively.

In 1815, Gay-hursac named hydrogen cyanide as Cyanide exists either in gas form, such as prussic acid. Hydrogen Cyanide (HCN), Cyanogen Chloride

July - September, 2011 39 The Indian Police Journal (CNCl), or in salt form, such as Sodium Cyanide Cyanogen Chloride (CK) (NaCN), Potassium Cyanide (KCN) and naturally occurring Cyanogentic glycosides. Cyanide gas CK is a colourless liquid at atmospheric pressure gives “bitter almond” smell. over the temperature range –6°C to +14°C. It is produced by chlorinating a saturated solution Hydrogen Cyanide (HCN) of KCN at 0°C. Cyanogen chloride is heavier and less volatile than HCN. It is more effective Hydrogen Cyanide (HCN) is a systematic and a at low concentrations. It irritates the eyes and cardiac poison. It exists in the form of a colourless lungs and it also has a delayed toxic effect gas to yellowish-brown liquid over the temperature similar to lung irritant-like phosgene and also has range of –14°C to 26°C at atmospheric pressure. cumulative effect on its victims. It is also used as It is soluble in water, alcohol and ether. HCN is a an insecticide. weak acid (pKa = 9.2). Aqueous solution of HCN is known as hydrocyanic acid or prussic acid. Sodium Cyanide (NaCN) Cyanide gas is used as a fumigant to exterminate pests and vermin in ships and buildings. Sodium Cyanide (NaCN) is a highly toxic salt and is produced by treating hydrogen cyanide with HCN can be synthesized by the Andrussaw sodium hydroxide. It can also be produced by process and Degussa process. These processes treating formamide with sodium hydroxide. involve high temperature reaction of ammonia, methane and air over a platinum catalyst and HCN + NaOH NaCN + H2O catalysts Pt-Al-Ru. HCONH2 +NaOH NaCN + 2H2O Andrussaw Process 1100°C/Pt The moist NaCN emits small amounts of 2NH + 2CH +3O 2HCN + 6H O hydrogen cyanide, which smells like bitter 3 4 2 2 almonds. Sodium cyanide reacts rapidly with Degussa Process strong acids to release hydrogen cyanide. It is 1200°C/Pt-Al-Ru soluble in water and gives alkaline reaction and

CH4+ NH3 HCN + 3H2 is highly poisonous.

Potassium Cyanide (KCN)

40 July - September, 2011 The Indian Police Journal KCN is a highly toxic white crystalline compound. functional group bonded to an alkyl residue and It is highly soluble in water and gives strongly known as aliphatic nitriles. alkaline reaction. It has a corrosive action on Cyanohydrins compounds contain a hydroxyl and mouth, throat and stomach. Due to hydrolysis, cyanide functional groups on the same carbon, and the moist solid emits small amounts of hydrogen release hydrogen cyanide and a carbonyl compound cyanide, which smells like bitter almonds. KCN (ketone or aldehyde) on hydrolysis. These compounds is produced by treating hydrogen cyanide with are more toxic in comparison to nitriles. potassium hydroxide, or by treating formamide with potassium hydroxide. Natural Cyanide (Cyanogentic Glycosides)

HCN + KOH KCN + H O Amygdalin, prusasin, dhurrin and linamarin are 2 naturally-occurring cyanogenetic glycosides,

HCONH2 + KOH KCN + 2H2O which give HCN on hydrolysis. Organic Compounds Amygdalin is found in bitter almonds, apricot seeds, apple seeds, peach, plum pear and apple Acrylonitrile, acetonitrile and propionitrile are pits. Emulsion enzyme hydrolyses Amygdalin organic compounds having a cyanide (CN) into glucose, benzaldehyde and HCN.

Enzyme emulsion

C2OH27NO11 + 2H2O 2C6H12O6 + C6H5CHO + HCN Amygdalin Glucose Benzaldehyde Cyanide

5 to 10 bitter almonds consumption by children Mechanism and 60 by adults can be deadly to them. Acute cyanide poisoning reflects cellular hypoxia Prunsin is found in cherry laurel and is the primary and its toxicity is due to complex formation metabolite of orally administered Amygdalin. with ferric (Fe3+) of “Cytochrome oxidase a-a3” Dhurrin is found in sorghum, whereas linamarin complex of Electron Transport System of the is found in Cassava and certain Lima beans. Mitochondrion resulting in stoppage of aerobic Onset of symptoms after ingestion of Cyanogentic respiration, halting ATP production and prevents glycoside may be delayed up to 12 hours. the cells of body from using oxygen properly consequently, asphyxial death. Cyanide is also Cyanide Characteristics reported to alter calcium metabolism and also inhibits multiple enzyme systems. l Cyanide can cause physical, psychological and mass casualties. Possible Terrorist Chemical Device l It is readily available and can be procured The terrorist’s chemical device may consist of a easily from the market. pierced container or canister, such as large milk container or paint can. The holes in the container l It is versatile with respect to how it can be would allow the toxic gas to escape. The acidic delivered. materials are likely to be in glass bottles or vials. The bottom of the container, around the l It does not require specialized skills or bottles, would be partially filled with a crystalline knowledge for effective use. solid. The device can be used with or without l Only 25-50% of population has apparent a detonator. Detonator can be used to break genetic trait to smell hydrogen cyanide. the inner container(s) for releasing the acid and HCN gas will be generated with action of acid l Finally, effective management of moderate- on cyanide salt. The device can be placed near to-severe cyanide poisoning requires specific air intakes or ventilation systems, in crowded antidotes that are available typically in short open spaces, or in enclosed spaces. Cyanide gas supply. Therefore, the chances of responding is most dangerous in enclosed places where the effectively to an attack are generally low. gas is trapped.

July - September, 2011 41 The Indian Police Journal Prevention l In case of not breathing, give oxygen and amyl nitrite immediately by means of an l First, get fresh air by leaving the area where artificial respiration. the cyanide was released. Moving to an area with fresh air is a good way to reduce l Patient should be kept warm and given the possibility of death from exposure to artificial respiration. cyanide gas. l Patient should be given O2 inhalation. l If leaving the cyanide exposed area is not an option, then stay as low to the ground as Handling possible. l HCN and its salts have been recognized as a hazardous toxic gas that can be generated l Remove any clothing that has liquid cyanide by the action of HCL. on it. If possible, keep the clothing in a plastic bag, and seal it and keep this bag l Ventilation equipments and protective inside a second plastic bag. clothing must be used. Gas masks with filters containing silver oxide offer effective l Rinse the eyes with clean water for 10 to protection. 15 minutes if they are burning, irritating or vision is blurred. Note: Filters should be changed immediately after exposure. l Wash any liquid cyanide from the skin thoroughly with soap and water. l Persons working with this hazardous gas should be made aware that skin absorption, l Stay calm. Dial for police help. ingestion and inhalation are route of entry. l Wait for emergency personnel to arrive. l Person should be trained to recognize First-Aid the odour of HCN and evacuate the area immediately. First-aid treatment should be started immediately. l The residual solutions containing alkali cyanides should be rendered harmless l A cyanide antidote kit (amyl nitrite, sodium by addition of an excess of sodium nitrite and sodium thiosulfate) should always hypochlorite. be available. l Pretreatment antidote should be taken in l Oxygen and amyl nitrite can be given by a case of possible cyanide exposure. first responder before medical help arrives. Signs & Symptoms l Allow victim to inhale amyl nitrite for 15-30 seconds per minute until sodium nitrite and Hydrogen cyanide is a very rapidly acting poison sodium thiosulphate can be administered and onset of symptoms depends on dose, route, intravenously. and duration of exposure. Inhalation of vapours of hydrocyanic acid causes constriction of throat l In case of conscious person, a new amyl and chest, insensibility and death from respiratory nitrite ampoule should be used every 3 failure. Death is likely within a minute, if minutes and give oxygen in case of nausea, concentration is between 2,500-5000mg*min/ difficult breathing, dizziness, etc. m3. l Give oxygen and amyl nitrite by means Cyanogen chloride produces the symptoms of of a respirator in case of consciousness is cyanide poisoning and lung irritants, hence its impaired by non-responsiveness, slurred toxicity resembles that of COCl2 and HCN. It speech, confusion, drowsiness or the patient rapidly acts on the respiratory system’s nerve is unconscious, but breathing. centre after inhalation and produces irritation of

42 July - September, 2011 The Indian Police Journal the nose and throat, lacrimation, cough, dyspnea, l The impregnated paper is suspended in the chest tightness, and ultimately pulmonary jar containing the suspected material. oedema. Exposure to 400mg*min/m3 for 10 min l After 30 minutes, the paper is taken out and is fatal. kept in a porcelain basin containing 5ml of dil.H SO . Analysis of Cyanide 2 4 l Appearance of blue colour on test paper Various types of tests, i.e. spot tests, paper tests, indicates the presence of cyanide. chemical tests and Gas Chromatography-head space/GC-Mass-Spectrometry are available for Copper Sulphide Test the detection of cyanide. These tests/techniques l Place a drop of a freshly-prepared copper can be used for qualitative and quantitative sulphide suspension on a filter paper or on a estimation of cyanide. spot plate. Ferric Thiocyante Test l Add a drop of the test solution. This test is very simple, rapid and sensitive. The l Brown colour of copper sulphide disappears, spot test technique is as follows: which indicates the presence of cyanide. l Stir a drop of the test solution with a drop Solution of cyanide readily dissolve copper sulfide forming the colourless of yellow ammonium sulphide on a watch – glass. tetracyanocuperate (I ) ions. 2CuSi+10CN–g2[Cu(CN) ]3–+2S2–+(CN) i l Warm it until a rim of sulphur is formed 4 2 around the liquid (evaporate to dryness on l Sensitivity is 2.5 µg of cyanide. water bath). Prussian Blue Test l Add 1-2 drops of dilute hydrochloric acid, and allow it to cool. This is a delicate test and is carried out in the following manner: l Add 1-2 drops of ferric chloride solution to it. l A solution of the cyanide is rendered strongly alkaline with sodium hydroxide solution in l Appearance of red colour indicates the a test tube. presence of cyanide. l Sensitivity of test is 1µg of cyanide. l A few millilitres of a freshly-prepared solution of iron (II) sulphate are added [if Sodium Picrate Test only traces of cyanide are present, it is better l Mix the test sample with a small amount of to use a saturated solution of iron (II) sulfate] manganese dioxide in a test tube. and the mixture is boiled. Hexacyanoferrate (II) ions are thus formed. l Heat the mixture to dull redness, whilst holding a piece of sodium picrate paper l Acidify with hydrochloric acid in order to (prepared by dipping the Whatman paper neutralize any free alkali, which may be in reagent of 1g picric acid in 10% sodium present. A clear solution is obtained. carbonate solution). l Small amount of iron (III) chloride solution l The yellow colour of the filter paper is added to it. changes from orange to brown-orange and then to orange red or red in the presence of l Prussian blue precipitation is obtained. cyanide. – 2+ 4– 6CN + Fe [Fe (CN) 6] Ferrous Hydroxide Test Hexacyanoferrate (II)

4– 3+ l A piece of filter paper is impregnated with 3[Fe (CN) 6] + 4Fe Fe4 [Fe (CN) 6]3i saturated solution of ferrous hydroxide Ferriferrocyanide solution and dried. (Prussian blue)

July - September, 2011 43 The Indian Police Journal Crystal Test needle-shaped crystals of silver cyanide are observed under a microscope indicates the Crystal test is simple, rapid and specific for presence of cyanide. screening purposes. The test is as follows: Gas Chromatography coupled with Head Space l Distillate is taken into a conical flask and a

few drops of dil.H2SO4 are added to it. Gas chromatography coupled with head space is a very sensitive method for qualitative and l A drop of silver nitrate solution is placed quantitative determination of cyanide in human on a microscopic slide and is inverted blood previously stored in refrigerator with immediately over the mouth of flask just 0.1% sodium fluoride as preservative. The after adding the acid into flask. method involves the transformation of cyanide l The flask is then gently heated on a boiling into cyanogen chloride by reacting it with water bath. Chloramine-T on a filter paper in the space above blood in head space vial. The formed cyanogen l The drop of silver nitrate solution chloride is then analyzed by head space gas assumes a white turbidity and appearance of chromatography with electron-capture detector. Conditions Instrument (GC) GC-HS with Auto system equipped with an electron capture detector Column 50-metre long CPSIL-19CB, with internal diameter of 0.32mm, film thickness of 1.2um GC oven temperature 80°C Carrier gas Nitrogen, 20psi Detector 350°C Head space oven temp 60°C Needle and transfer line 100°C temperature Heating time 30 min with shaking of head space vial Injection time 0.2 min

Conclusion and innocent inhabitants where straight Military Discussion action is not possible. Hence, cyanide containing salts can be misused by the terrorists. Cyanide is easily accessible in the form of inorganic cyanides, i.e. sodium, potassium, Cyanide terrorism attack is a very perilous calcium and magnesium salts of cyanide. These situation though it can be averted. Police compounds are mainly used in photography, personnel, Doctors, Nurses and Forensic Experts electroplating, metal cleaning, removing gold and should be made well trained. National Disaster silver from its ores, jewellery, organic synthesis, Management Authority of India should strongly paper manufacturing, textiles, insecticides and deal with such types of chemical attack. plastics. At last, the entire humankind should stand against Past records, also make it as a favourable chemical such dreadful substances, which are a threat to as chemical weapon to create terror among the the entire civilization. 

ACKNOWLEDGEMENT

We would like to thank for the typing work done by Shri Satya Prakash Gupta & Shri V.V. Srinivasu (Chemistry Division).

44 July - September, 2011 The Indian Police Journal References

1. WHO’s “Monographs on International Programme on Chemical Safety”. 2. H. Brandenberger & R.A.A. Maes, “Analytical Toxicology for Clinical, Forensic and Pharmaceutical Chemists”, Berlin: New York: Degruyter, 1997. 3. Irving Sunshine, “Methodology for Analytical Toxicology”. 4. Modi’s “Medical Jurisprudence and Toxicology”. 5. Clarke’s “Analysis of Drugs and Poisons” (3rd Edition), edited by Anthony C. Moffat, M. David Osselton and Brian Widdop, 3rd Edition, Vol. 1. 6. C.K. Pariek’s “Medical Jurisprudence and Toxicology”. 7. Vogel’s “Qualitative Inorganic Analysis”, 7th Edition. 8. India, National Disaster Management Guidelines for Management of Chemical (Terrorism) Disaster, August 2009. 9. Nadine Gurr & Benjamin Cole, “The New Face of Terrorism Threat From Weapon of Mass Destruction”. (http://books.google.co.in/books) 10. Felby, Soren, “Determination of Cyanide in Blood by Reaction Head-Space Gas Chromatography”, Forensic Sci. Med. Pathol., 2009, Vol. 5, pp. 39-43. 11. Chemical terrorism fact sheet (www.bioterrorism.slu.edu) 12. file://localhost/E:/terrorismi/Cyanide%20Wikipedia 13. file://localhost/E:/terrorismi/Articles%20%232706%20,%20Chemical%20Warfare%20Agents% 14. file://localhost/E:/terrorismi/ 15. file://localhost/E:/terrorismi/terrorism%20%20Britannica%20Online%20Encyclopedia.mht 16. file://localhost/E:/terrorismi/Scientific 17. file://localhost/E:/terrorismi/Scientific%20Support%20to%20Terrorism%20Investigations%20 (Forensic%20Science%20Communications,%20July%201999).mht 18. file://localhost/E:/terrorismi/Weapons%20of%20Mass%20Destruction,%20Science%20&%20Technology 19. file://localhost/E:/terrorismi/Scientific 20. file://localhost/E:/terrorismi/Articles 21. file://localhost/E:/Chemical 22. http://india.foreignpolicyblogs.com/tag/terrorism/by 23. http://www.taxindiaonline.com 24. file://localhost/E:/books/ 25. http://news.google.com/newspapers.com 26. http://en.wikipedia.org/wiki/1982_Chicago_Tylenol_murders 27. http://en.wikipedia.org/wiki/File:Birkenau25August1944.jpg 28. file://localhost/E:/hcn/Terrorism%20Information%20-%20Atlantic%20County%20Government.mht 29. www.medicinescomplete.com/mc/clarke 30. http://www.nizkor.org/ftp.cgi/camps/auschwitz/cyanide/cyanide.001 31. http://www.ruf.rice.edu/~bioslabs/studies/mitochondria/mitogradient.html

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July - September, 2011 45 The Indian Police Journal The Indian Police Journal The Scope of Artificial Intelligence in Forensic Science Swapnil R. Kamdar* & Astha Pandey**

Abstract The aim of the work is to find better and extensible way to Enhance, Enlarge Keywords and Empower (EEE) Forensic Sciences capabilities in each and every field of life not only with the help of present sciences & technologies, but also Artificial Intelligence (AI) with the upcoming technologies. One such technology is ARTIFICIAL INTELLIGENCE. As criminals are advancing in their usage of technologies Crime Scene Reconstruction so should we, to keep pace with time and help the society in having timely and accurate judgements for them. Artificial Intelligence is one of Artificial Neural Networks (ANN) the most talked-about subjects among researchers, students and of course non-scientific and non-technical people. Though Artificial Intelligence is Router Configuration always seen as the field of upcoming future but why not Forensic Experts Remote Sensing should use it for solving their problems. Artificial Intelligence has a very promising future in every field and aspects of life. Some of these are still Central Database to be achieved more or less in some of the countries. The paper discusses about the present and future possible applications of Artificial Intelligence Data Recovery in Forensic Sciences. For example, we can make a better use of Artificial Intelligence in Blood Pattern Recognition & Analysis, Crime Scene Narco-Analysis Reconstruction, Digital Forensics, Image-processing, Satellite Monitoring, Network & Router Configuration, Narco-Analysis and, of course, Ballistics. Artificial Intelligence has got a vast variety of applications. Starting from the Crime Scene Investigation to the Day of Judgement, this field promises accuracy of result.

Today’s Science fiction is often tomorrow’s science fact. –Stephen Hawking

Introduction HE word ‘forensic’ comes from the Latin adjective forensis, meaning “of or before the forum”. In Roman times, a criminal Tcharge meant presenting the case before a group of public individuals in the forum. That group/forum was responsible for delivering the final judgement, according to the hearing of each suspected or accused person.

Author Intro. : *&**Institute of Forensic Science, Gujarat Forensic Sciences University, Gandhinagar, Gujarat (India). E-mail: [email protected];[email protected]

46 July - September, 2011 The Indian Police Journal

The “Eureka” legend of Archimedes (287-212 B.C.) But, the technology available at that time, did not can be considered an early use of Forensic Science. allow them to do too much. Unlike conventional He determined that a crown was not completely computers, Neural Networks take a different made up of gold (as it was fraudulently claimed). approach to problem-solving. Computer follows This conclusion was reached by evaluating the a set of instructions in order to solve a problem. density of the object using measurements of Unless the specific steps that the computer its displacement and its weight, as he was not needs to follow are known, the computer cannot allowed to damage the crown. Sherlock Holmes, solve the problem. That restricts the problem- the fictional character created by Sir Arthur Conan solving capability of conventional computers to Doyle in works produced from 1887 to 1915, problems that we already understand and know used Forensic Science as one of his investigating how to solve. But, computers would be so much methods. more useful if they could do things that we do not exactly know how to do. A normative definition views crime as deviant behaviour that violates prevailing norms - cultural Description: Principles & Other Relevant standards prescribing how humans ought to Subjects behave normally. This approach considers the complex realities surrounding the concept of An artificial neuron is a device with many inputs crime and seeks to understand how changing and one output. The neuron has two modes of social, political, psychological and economic operation: the training mode and the using mode. conditions may affect changing definitions of In the training mode, the neuron can be trained crime and the form of the legal, law enforcement, to fire (or not), for particular input patterns. In and penal responses made by society. While, the using mode, when a taught input pattern Criminology (from Latin cr¯lmen, “accusation”; is detected at the input, its associated output and Greek -logia, “study”) is the scientific study of becomes the current output. If the input pattern the nature, extent, causes and control of criminal does not belong to the taught list of input patterns, behaviour. Criminological research areas include the firing rule is used to determine whether to fire the incidence and forms of crime as well as its or not. A firing rule states: causes and consequences. “ Take a collection of training patterns for Artificial Intelligence (AI) is the intelligence of a node, some of which cause it to fire (the machines and the branch of computer science, 1-taught set of patterns) and others, which which aims to create it. A system is said to be prevent it from doing so (the 0-taught set). intelligent that perceives its environment and Then, the patterns not in the collection, takes actions, which maximize its chances of cause the node to fire if, on comparison, success. John McCarthy, who coined the term in they have more input elements in common 1956, defines it as “the science and engineering with the ‘nearest’ pattern in the 1-taught of making intelligent machines”. set than with the ‘nearest’ pattern in the 0-taught set. If there is a tie, then the pattern Artificial Neural Networks are those machines remains in the undefined State.” capable of recognizing a particular pattern and will take decision that maximizes its chances of For example, a 3-input neuron is taught to output success in producing the result. 1 when the input (X1, X2 and X3) is 111 or 101 and to output 0 when the input is 000 or 001. Definition Then, before applying the firing rule, the truth Table is: The term neural network is derived from human brain that is capable of learning from the past X1: 0 0 0 0 1 1 1 1 experiences. Artificial Neural Network is similar X2: 0 0 1 1 0 0 1 1 to that functioning of human brain, which has got neuron for its functioning. The first artificial neuron X3: 0 1 0 1 0 1 0 1 was produced in 1943 by the Neurophysiologist OUT: 0 0 0/1 0/1 0/1 1 0/1 1 Warren McCulloch and the Logician Walter Pits.

July - September, 2011 47 The Indian Police Journal As an example of the way the firing rule is applied, compared to now, which involve manual take the pattern 010. It differs from 000 in 1 construction of animated crime scenes. element, from 001 in 2 elements, from 101 in 3 elements and from 111 in 2 elements. Therefore, l Data Acquisition & Recovery Purposes the ‘nearest’ pattern is 000, which belongs in the Generally, Cyber Forensic Experts come 0-taught set. Thus, the firing rule requires that the across a major problem in analyzing a file, neuron should not fire when the input is 001. On i.e. which file is important, can be decided the other hand, 011 is equally distant from two only after accessing/opening that file. taught patterns that have different outputs and Another problem is that even if the suspect thus, the output stays undefined (0/1). has changed the file extension, say from .doc Neural networks make use of memristors to take to .exe, then the above problem becomes decisions on its own. very tedious job. To eradicate these two problems, ANN internally analyze the files At the same time, Forensic Science in itself has and will display only that content that is got six principles: appropriate to Cyber Expert. While data recovery are already available. l Law of Individuality. l Forensic Ballistics Division l Principle of Exchange. ANN will guide experts, where to search l Principle of Comparison. for gunpowder, cartridge case and will compare bullet marks and other evidence l Principle of Analysis. from the database itself with the help of l Principle of Probability. image processing without any manual interference. l Law of Progressive Change. l Narco-Analysis & Psychology Division One of the fundamental principles of Forensic Science is “Every Contact Leaves a Trace” as ANN will analyze the activities undergoing Principle of Exchange. This principle not only the suspect’s brain during brain-imaging to forms the basis of Forensic Science & Investigation, conclude whether he is behaving dummy or but also for AI in the sense that even a pattern truly. Even the amount of narco drugs will be will be enough to identify the suspect and will decided by ANN after analyzing that what help us to perform our proceedings from Crime amount of drug will produce the required Scene to Courtrooms. effect. Artificial Neural Network Applications in l Cyber Forensics Forensic Science In crimes that are performed over an internet network, ANN will be of great usage, ANN and AI will be of great help, if implemented because it will tell us the activities of a web- properly in Forensic Science Fields. surfer, who is surfing legally or illegally Some of its applications will be able to define its (will be using proxy servers and will be vast extent in Forensic World. accumulating enough on-line-traffics over a server to crack it down). l Crime Scene Reconstruction In investigation matters like phone calls This system will require some inputs like tracing and other activities, Police and presence of any object at the crime scene, Forensic Experts face a political problem. say dead body or any object like glass piece. To eradicate this problem also, ANN will After extracting and analyzing each and decide itself which phone calls to trace and every aspect of input, it will try to figure out which not through its pattern recognition 3 to 4 animated videos on its own and that system through remote sensing and satellite will be of great help to Forensic Experts as facilities.

48 July - September, 2011 The Indian Police Journal Pattern recognition for Serial Killers will be l Problems like invasion to the privacy will easier and will enable Forensic Expert to extend to a common people. come to the conclusion very soon enough. l Manual control will be limited to much In Wildlife Sanctuaries also, poaching less extent as compared to the current problem would be eradicated. Assuming scenarios. that each and every species on the verge of extinction should have a nano-transmitter Last but not the least, Scientists are working embedded in them that should remain parallel on solutions to the problems that are in connection to Forest offices through mentioned above before applying Artificial satellites. Neural Networks in Forensic Sciences. Conclusion: The Future Ahead The day is not so far when we will be defining Forensic Science in terms of Neural Networks, Artificial Intelligence has been in use for less than Artificial Intelligence and Nanotechnology. 50 years, yet we are proud that we have achieved We can conclude that ANN can bring a a great number of applications and techniques wonderful, positive and Digital revolution with reference to our field. Still we have to work (Intelligent Systems) into the field of Forensic hard for the well-being of the mankind. Science, just like we had Green Revolution and We cannot say that everything is perfect; to some White Revolution in our Nation’s history. We extent, it has got some demerits. As rightly said should bring glory to our Nation and will defeat by George Bernard Shaw: “Science cannot solve criminals in every aspect and every condition. As a problem by creating ten more.” There are some rightly said by a great poet: sorts of problems that we should consider before making a proper use of ANN: “Long way to go before I sleep ...” 

REFERENCES 1. www.en.wikipedia.org/wiki/neural_networks 2. www.en.wikipedia.org/wiki/artificial_intelligence 3. Richard P. Lipmann, “An Introduction to Computing with Neural Nets” (IEEE ASSP Magazine, April 1987). 4. Alkon, D.L. (1989). “Memory Storage and Neural Systems”, Scientific American, July, pp. 42-50. 5. www.doc.ic.ac.uk/~nc’/surprise_96/journal/vol4/cs11/neural.html 6. www.en.wikipedia.org/wiki/artificial_neural_networks 7. Christos Stergiou & Dimitrios Siganos, NEURAL NETWORKS. 8. Bishop, C.M. (1995). “Neural Networks for Pattern Recognition”, Oxford University Press. 9. Egmont-Petersen, M., de Ridder, D. & Handels, H. (2002). “Image Processing with Neural Networks - A Review”, Pattern Recognition 35. 10. Wasserman, Philip (1993). “Advanced Methods in Neural Computing”, Van Nostrand Reinhold, ISBN 0-442-00461-3. 11. Poole, David, Mackworth, Alan & Goebel, Randy (1998). “Computational Intelligence: A Logical Approach”, New York: Oxford University Press. 12. Margaret Boden, “Mind as Machine”, Oxford University Press, 2006. 13. Computer Network Books.

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July - September, 2011 49 The Indian PoliceSource Journal IdentificationThe Indian of Police Journal the Inks used in Printing of Counterfeit Indian Banknotes Seema Srivastava*, Mohd. Idris** & Asim Kumar Srivastava***

Abstract Keywords Advancement of technology in the field of computer printers, scanners, photocopiers and digital image system enable even unskilled would- be counterfeiters to produce Indian currency notes that bear at least a Counterfeit superficial resemblance to genuine ones. But, comparison of security features of counterfeit currency with RBI- Issued specimen Indian Security Features Banknotes, it is very easy to identify whether it is counterfeit or genuine. Ink Analysis Analysis of the ink by High Performance Thin Layer Chromatography (HPTLC) can also reveal the source of ink used for printing the counterfeit HPTLC currency. In recent case, we received several counterfeit currency notes of Rs. 50/-, 100/-, 500/- and 1000/- denomination and Inkjet cartridges of Spectral Inkjet printers. During the process of examination of security features and Ink analysis, we identified that all the currency notes were counterfeit. Superimposition Among them, Rs. 50/- and 100/- denomination notes were printed from the Inkjet cartridges found at the scene of crime, whereas Rs. 500/- and 1000/- denomination currency notes were printed from the same source of unknown origin. Introduction OW-A-DAYS, crime of counterfeiting currency in India is increasing with rapid rate. The crime of counterfeiting Ncontinues to present a potential danger to national economies and financial losses to consumers. Counterfeiters are counterfeiting the money by two means. First, by illegal manufacturing of currency notes without authorization using the genuine currency papers and ink, which are easily available globally with perfection up to 80% to 90%. (In such cases, we can also differentiate counterfeit currency from genuine currency notes, but it will be very much tedious for a Forensic Scientist to identify them, because it requires careful examination with minute observations.) Second, other means of counterfeiting the currency notes are scanning, photocopying and printing by using sophisticated scanners, printers and photocopiers [Ref. 1].

Author Intro. : *  Senior Scientific Officer, Central Forensic Science Laboratory, Hyderabad-13. E-mail: [email protected] ** Senior Research Fellow, Central Forensic Science Laboratory, Hyderabad-13. *** Senior Scientific Officer, Central Forensic Science Laboratory, Hyderabad-13.

50 July - September, 2011 The Indian Police Journal Even though, there is advancement in Printing l Exhibits Received Technology, it is very difficult to counterfeit currency by using Computer Printing Technology. Counterfeit currency notes of Rs. 50/-, 100/-, A number of security features distinguish genuine 500/- and 1000/- denomination suspected currency from counterfeit ones. One of the most to be counterfeit and two (02) Inkjet printer obvious ones is the paper itself. Every variety of cartridges (one is black cartridge another one national currency is made with a special type of colour cartridge) received as case exhibits. paper. For the counterfeiter, a genuine banknote l Solvents used is a veritable minefield of potential pitfalls, and literally, every square millimetre presents its own Ethanol, Methanol and Chloroform are of challenges. There are watermarks, embedded AR grade and purchased from Qualigens threads, see-through features, micro-printing, (India). holograms, latent image - seven forms of embossing to facilitate recognition of various denominations l Apparatus by the blind and visually impaired. The printing of currency is also highly complicated, involving For the chromatographic investigations, various processes at different stages. In addition a TLC Scanner III with computer system to Lithography, Letterpress, and sometimes and winCATS software V. 1.4.2 (Camag, Silk Screening, there is Intaglio, an extremely Switzerland) was used. ATS4 (Camag) was expensive, technically difficult process in which employed as the application device. The the surface of the paper is deformed very slightly- chromatograms were developed in a twin- another distinctive feature of official currency through chamber (Camag). TLC plates production [Ref. 2-4]. and currency notes were documented by using Reprostar3 documentation system It is also very much important to identify the (CAMAG), Aluminium HPTLC plates coated source of ink to link the crime exhibits to particular with silica gel 60 F254 (10 cm x 10 cm) were printers and photocopying machines. Several obtained from Merck (Germany). attempts have been made by several workers for analysis of ink. Some of them analyzed different Examination of Security Features photocopy toners, analyzed dyes used in inks [Ref. 5] and they differentiated different inkjet Counterfeit currency Case exhibits along with printer’s cartridges by TLC [Ref. 6]. But, it is very Specimen Indian currency notes were observed much difficult to identify the source of ink used for as below: printing counterfeit currency notes. Because, for l differentiation only single difference is sufficient, Physical Observation but if we are concluding that they are from same Paper feels, Intaglio Printing, length and source, then all features should match. width of the counterfeit currency notes In this paper, we have described methodology as were compared with RBI issued specimen to how the counterfeit currencies printed by inkjet currency banknotes. printers could be differentiated based upon security l Observation under Visible Light features. And also, we have analyzed ink cartridges used in the printing of counterfeit currency by Different parameters like Omron features, HPTLC and spectral superimposition technique. security thread, serial numbers, RBI seal, Experimental Mahatma Gandhi portrait, latent image and micro-printings were examined. Material and Methods l Observation under UV Light (366 nm) l Reference Standards Different features like optical fibres, glowing Indian Currency Banknotes of Rs. 50, 100, of serial number panel, paper fluorescence, 500 and 1000 denomination issued by glowing of Omron features and security Reserve Bank of India (RBI), Mumbai. thread were examined.

July - September, 2011 51 The Indian Police Journal l Observation under Transmittance Light UV light respectively. Developed plates were documented by illuminating under Security features like Mahatma Gandhi UV 254 nm, UV 366 nm and White watermark, RBI watermark in the middle light using Reprostar3 documentation of the note and see-through register mark system (CAMAG).The data obtained were were examined. processed with winCATS software, version Ink Analysis by HPTLC 1.4.2. l Sample Preparation l Repeatability

Ink from the currency notes of different Inks analysis was performed several times denominations was washed by soaking by HPTLC using solvent system-I to check them in 100 ml beakers containing the repeatability and also to rule out the ethanol. Whereas, ink from the Inkjet ambiguity in the HPTLC system. cartridges were extracted by soaking them Results and Discussion in ethanol and sonicating for 15 minutes in ultrasonic bath. In counterfeit currency examination, it is very important to examine each and every feature l Application with careful observation to ascertain whether it For HPTLC analysis, samples were applied is genuine or counterfeit. In the present study, to the plates as 6 mm bands by spraying while analyzing exhibits, we found that texture with the CAMAG Automatic TLC Sampler of the paper is totally different and there is a 4 (ATS4), enabling a maximum of 6 tracks variation in the length and width of counterfeit to be applied to one 10 cm x 10 cm currencies. Features observed under visible HPTLC plate (distance from lower edge light, transmittance light and UV 366 nm 15 mm, distance from the left side 15 mm, (Figs. 1-3), no security features were consistent distance between bands 35 mm). with RBI specimen Indian Banknotes of same denominations. l Chromatography As per analysis of currency note inks are HPTLC plates were developed in a concerned, ethanol was found to be suitable 10 cm x 10 cm CAMAG Twin-Trough for extraction of ink from the currency notes Chamber (TTC). Using two mobile phases as well as from the inkjet cartridges. Even chloroform: methanol (7:3) (solvent though we used two solvent systems, but system-I) and n-butanol: acetone: water: solvent system-I was found to be suitable for ammonia (25: 25: 5: 17.5) (solvent good separation of all the constituents of the system-II). But, in this paper, we have ink, and also very short time is required for given detail data of TLC analysis by using development of plate, which helps in rapid solvent system-I only. The development analysis of samples in short period. Comparison distance was 70 mm from the spotting of inks of inkjet cartridges and currency note point of the plate and the migration time inks were observed under different sources was approximately 10 minutes. of light (Fig. 4) like visible light, UV 254 nm light and UV 366 nm light. The R value and l Evaluation and Documentation f spectra’s obtained for different colour bands Spectral evaluation of each spot was obtained in chromatogram of inks for different performed by using CAMAG TLC Scanner exhibits were observed for comparing the inks

III by scanning in the wavelength range of currency notes with inkjet cartridges. The Rf of 200 nm to 700 nm using Tungsten and values of different spots obtained in exhibits Deuterium lamp as source of Visible and are mentioned in Table-1.

52 July - September, 2011 The Indian Police Journal

Table 1: Showing the Rf values of different l spots present in the chromatogram obtained for ink of exhibits

Sl. No. Sample Rf 1. Black colour Inkjet 0.02 – 0.2 – – – 0.8 cartridge

2. Colour Inkjet cartridge 0.02 – – 0.29 – – 0.8

3. Rs. 50/- Currency note 0.02 – 0.2 0.29 – – 0.8

4. Rs. 100/- Currency note 0.02 – 0.2 0.29 – – 0.8

5. Rs. 500/- Currency note 0.02 0.09 0.2 – 0.42 0.64 0.8

6. Rs. 1000/- Currency note 0.02 0.09 0.2 – 0.42 0.64 0.8

In Table 1, it was observed that Rs. 50/- and 5). Rs. 500/- and 1000/- denomination currency

100/- denomination currency note ink is having note inks were having similar band at Rf 0.02 the different bands at Rf 0.02, 0.2, 0.29 and 0.8 and 0.8, but they do not have the band at Rf respectively. These bands were also present in 0.29. These were having three additional bands

Black and Colour inkjet cartridges inks. That at Rf 0.09, 0.42 and 0.64. Spectra of these three means these denomination currency notes were bands of Rs. 500/- and 1000/- denomination printed by the inkjet printers recovered from the currency note inks were superimposed (Fig. scene of crime. Further confirmation was done 6). That means they were printed by the same by superimposition of spectra of these bands (Fig. printer.

Fig.1: Comparison of exhibits (Currency notes) with RBI specimen Currency Banknotes under Visible light

July - September, 2011 53 The Indian Police Journal

Fig. 2: Comparison of exhibits (Currency notes) with RBI specimen Currency Banknotes under UV 366 nm light

Fig. 3: Comparison of exhibits (Currency notes) with RBI specimen Currency Banknotes under Transmittance light

54 July - September, 2011 The Indian Police Journal

Fig. 4: Documentation of TLC plate under different sources of light (Visible light, UV 254 nm light and UV 366 nm light) (1. Black Inkjet cartridge, 2. Colour Inkjet cartridge, 3. Rs. 50/- Currency note ink, 4. Rs. 100/- Currency note ink, 5. Rs. 500/- Currency note ink, 6. Rs. 1000/- Currency note ink)

July - September, 2011 55 The Indian Police Journal

Fig. 5: Showing the superimposition of spectra obtained by different bands present in black, colour Inkjet cartridges and ink of currency notes of Rs. 50/- and 100/- denomination

56 July - September, 2011 The Indian Police Journal

Fig. 6: Showing the superimposition of spectra obtained by Additional bands present in ink of currency notes of Rs. 500/- and 1000/- denomination

July - September, 2011 57 The Indian Police Journal Conclusion of currency notes of Rs. 50/-, 100/-, 500/- and 1000/- denomination, it was concluded that Based upon examination of physical parameters, Rs. 50/- and 100/- currency notes were printed observation under visible light, UV 366 nm from the Inkjet printer cartridges recovered from light and Transmittance light, it was concluded the scene of crime, whereas Rs. 500/- and 1000/- that all currency notes of Rs. 50/-, 100/-, 500/- denomination currency notes were printed by and 1000/- denomination were counterfeit. the same Inkjet printer cartridges, but not from And, based upon ink analysis of inkjet printer the Inkjet printer cartridges recovered from the cartridges found at the scene of crime and ink scene of crime 

ACKNOWLEDGEMENT

Authors are very much thankful to Dr. C.N. Bhattacharya, Incharge-Chief Forensic Scientist, Directorate of Forensic Science, MHA, Government of India and Shri A.K. Ganjoo, Director, Central Forensic Science Laboratory, Hyderabad for providing necessary facility for research work. Thanks are also due to Reserve Bank of India, Mumbai for issuing specimen Indian currency banknotes.

REFERENCES

1. http://www.enotes.com/forensic-science/counterfeit-currency-technology-manufacture

2. http://www.schneier.com/blog/archives/2009/01/trends_in_count.html

3. http://www.rbi.org.in

4. CFSL Working Procedure Manual for Counterfeit Currency Examination bearing Controlled Document No. CFSL-HYD-CCEU, Issue No. 1, Copy No. 3.

5. Arsov Mesrob, Gateva, “Thin-layer Chromatography of Basic Dyes”, Journal of Chromatography, 81 (1973), pp. 181-186.

6. Poon NL, Ho SSH & Li CK, “Differentiation of Colored Inks of Inkjet Printer Cartridges by Thin Layer Chromatography and High Performance Liquid Chromatography”, Science & Justice, 45 (2005), pp. 187-194.

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58 July - September, 2011 Codec Impact on VoiceThe Indian Police Journal Spectrographic Features: A Forensic Study

D.P. Gangwar*, Sanjeev Thakur** & S.K. Choudhury***

Abstract

Keywords In spectrographic analysis of voice samples, there is a question of the impact of Codec schemes on the visual representation of voice spectrogram. The spectral features of the wide/narrow-band, Linear Prediction Coding (LPC), Voice Spectrogram including formants, shape and their position due to Codec reconstruction of Codec the speech signal have been studied. For this work, the voice spectrogram of the words recorded simultaneously in seven different formats, such as Formants and Fundamental avi, tsh, wav, analog, mp3, mpg, amr in different recorders have been Frequency, etc. analyzed and analytical data were evaluated. Introduction HE laboratory is frequently receiving the voice samples for speaker’s identification purpose, in which question and Tspecimen voice samples have not been recorded with similar recorder and in the same Codec. The present work has been carried out to find out whether there is any variation in their spectrographic features due to different recorders and different formats. Material and Method Ten appropriate Hindi words HELLO, NAMASTEY, RUPAIYA, PAISA, INTZAAM, GATE PAR, MILNA, MAAR & DENGEY have been simultaneously recorded with different recorders in different formats, such as avi (Canon), tsh (Cenix), wav (LG-mobile), mpg (Sony), analog (Sony), mp3 (computer), amr (LG-mobile) in noise free condition in speech lab in CFSL, Chandigarh. The recorded samples have been digitized/converted into wave format using GOLD-WAVE software. The spectrographic analysis has been carried out by standard software MULTI-SPEECH present in the lab. The detail of recorders and their formats is given in Table 1.

Author Intro. : * Junior Scientific Officer (Physics), Central Forensic Science Laboratory Chandigarh. ** Research Associates (Physics), Central Forensic Science Laboratory Chandigarh. *** Central Forensic Science Laboratory Chandigarh.

July - September, 2011 59 The Indian Police Journal Table 1: Detail of recorders and their formats LPC also shows close similarity for same make recorders. The comparison of different acoustic Sl. Device/Recorder Code Format Sampling features, such as mean fundamental frequency No. rare (Hz) (F0), presence/position of different formants (F1, F2, F3, F4) is shown in Table 2. 1. Canon Digital Camera R1 avi 11024 Overall comparison for all words of different 2. Cenix Digital Recorder R2 tsh 12000 recorders and their Codec is shown in Table 3. (VR-P2340) The average pitch/fundamental frequency (F0) showing close variation with recording formats. 3. Cenix Digital Recorder R3 tsh 22000 The mean F0 for different recorders/formats of (VR-810) different words were estimated as (Hello-125- 125), (Namastey-117-121), (Rupaiya-117-123), 4. LG-Mobile (KG 195) R4 wav 8000 (Paisa-116-120), (Intzaam-116-117), Gat par-117, Milna-117-120, Maar-117 and Dengey-113) Hz. 5. MP3 R5 mp3 44000 The impact of Codec on spectrographic features 6. Sony Digital Camera R6 mpg 32000 varied for different words. For the word hello, F3 (DSC-W35l) in R2 (tsh), F3 & F4 in R4 (wav-mobile) and in R8 (amr) were found missing. For the word Rupaiya 7. Sony analog R7 analog 22050 F3 in R2 (tsh), F4 in R4 (wav-mobile), F3 & F4 in R8 (amr) were not present. The comparison of 8. Nokia 6600 R8 amr 8000 all parameters for all recorder/Codec formats is shown in Table 3. The R8 (amr) and R4 (wav) recorded by mobile phones, showing very poor Results and Discussion formants characteristics in their voice spectrogram The voice spectrogram and LPC of the word for all words. The R6 (mpg), video and R7 (analog) “Hello” is shown in Fig. 1 and Fig. 2. The F0 for the Sony recorders, showing very good acoustic word “Hello” for all recorders/formats was found information in their voice spectrogram. The R1 125 Hz. The third formant of R2 (tsh), third and (avi) Canon video recorder also showing good fourth formant of R4 (wav-mobile) and R8 (amr- formants information in their spectrogram. The mobile) in wide band spectrogram were found digital voice recorder R2 (tsh) Cenix (VR-P2340), missing. The position of resonance frequencies showing almost sufficient acoustic features in their of different formants (F1, F2, F3 and F4) slightly voice spectrogram, however, the spectrogram of varies with the formats and it comes very close for R3 Cenix Digital Recorder (VR-810) contained the same make of different model recorders. The insufficient formants information.

Table 2: (Hello) Comparison table showing presence/position of different formats

R1 (avi) R2 (tsh) R3 (tsh) R4 (wav) R5 (mp3) R6 (mpg) R7 (analog) R8 (amr)

F0 125 125 125 125 125 125 125 125

F1 628 636 638 585 559 625 630 576

F2 1402 1350 1400 1273 1330 1362 1325 –

F3 2513 – – – 2564 2500 2470 –

F4 3510 3420 3340 – 3478 3535 3537 –

60 July - September, 2011 The Indian Police Journal Table 3: Spectrogram containing information about formants of all words

R1 (avi) R2 (tsh) R3 (tsh) R4 (wav) R5 (mp3) R6 (mpg) R7 (analog) R8 (amr) Hello All features F3 absent F4 not clear F3 & F4 Slightly All features All features F3 & F4 absent clear absent Namastey All features F3 absent F4 not clear F3 & F4 Slightly All features All features F3 & F4 absent clear absent Rupaiya All features All features All features Slightly All features All features All features F3 & F4 clear absent Paisa All features F3 absent F3 absent Slightly All features All features All features F3 & F4 clear absent Intzaam All features All features All features F3 & F4 All features All features All features F3 & F4 absent absent Gate All features Sufficient F3 & F4 Slightly All features All features All features F3 & F4 Information absent clear absent Par All features All features F3 & F4 Slightly All features All features All features F3 & F4 absent clear absent Milna All features All features All features F3 & F4 F3 absent All features All features F3 & F4 absent absent Maar All features All features Slightly F3 & F4 All features All features All features F3 & F4 clear absent absent Dengey All features All features Slightly F3 & F4 All features All features All features F3 & F4 clear absent absent All features : Indicated for all formants information, such as shape/position of formants. Slightly clear : Voice spectrogram having limited information about their formants features.

Conclusion Cenix Digital Recorder (VR-810) made in China record the voice in tsh format does not contain all The above study “Codec Impact on Voice formants information in their voice spectrogram. Spectrographic Features” reveal that the The Canon recorder in which voice was recorded compressed formats have less or insufficient in avi format, having sufficient information in their formants information for speaker identification voice spectrogram. The Sony recorders in which purpose. The voice spectrogram of amr and wav voice have been recorded in analog and mpg formats of mobile phone contained very limited formats, showing very good visual representation acoustic features in their voice spectrogram. The of all formants features in voice spectrogram. 

ACKNOWLEDGEMENT

The authors are grateful to Director, Central Forensic Science Laboratory, Chandigarh for his guidance and giving an opportunity to do such work.

REFERENCES 1. Nolan, F. (2002). “The Telephone Effect on Formants: A Response”, Forensic Linguistics 9, 1, pp. 74-82. 2. K.E. Cummings & M.A. Clements, “Analysis of the Glottal Excitation of Emotionally Styled and Stressed Speech”, J. Acoust. Soc. Amer., Vol. 98, No. 1, 1995, pp. 88-98. 3. S.E. Bou-Ghazale & J.H.L. Hansen, “A Comparative Study of Traditional and Newly-proposed Features for Recognition of Speech under Stress”, IEEE Trans. Speech, and Audio Processing, Vol. 8, No. 4, pp. 429-442, 2000. 4. Y. Chen, “Cepstral Domain Talker Stress Compensation for Robust Speech Recognition”, IEEE Trans. Acoustics, Speech and Signal Processing, Vol. 36, No. 4, 1988, pp. 433-439.

July - September, 2011 61 TheNanoparticle-Size Indian Police Journal FingerprintThe Indian Police Journal Dusting Compositions based on Crystal Violet Dye Daisy*, Dr. D.J. Singh** & Dr. G.S. Sodhi***

Abstract Keywords In this communication we report two novel, fluorescent fingerprint dusting compositions based on the colourant, crystal violet. The adhesive base material in one composition is nanoparticle-size alumina, while in Fingerprints the other, is nanoparticle-size meshed copper. The formulations develop sharp and clear fingerprints on an array of surfaces, both absorbent and Fluorescent non-absorbent. The quality of prints depends on the degree of interaction Nanoparticles between the colourant and the adhesive. Due to its polar nature, alumina has a stronger attraction for crystal violet than copper. Thus, better results Powers are obtained with the formulation in which alumina is the base material. Being non-toxic, these compositions do not pose occupational hazard to Stain the users. The technique is simple to operate and does not require costly equipment or a sophisticated instrument. Introduction T may be claimed that there is no more effective deterrent to crime than the certainty of detection. Equally true is that there Iis no surer way of establishing identity than by fingerprints. The detection of latent fingerprints at the scene of crime and their subsequent development is, therefore, one of the most powerful tools available in casework investigations.

The fingerprints found at the scene of crime or an article removed from it are formed when the papillary ridges leave a deposit of perspiration on a surface with which the finger has been brought into contact. The constituents of sweat may be selectively fixed by different chemical reagents, so as to make the latent prints visiblel.1, 2

The simplest and most commonly used method for detecting latent fingerprints is the powder dusting. This technique relies on the mechanical adherence of the detecting composition to the oily components of sweat.3, 4 While selecting the powder, it must be ascertained that its ingredients do not interact chemically with the

Author Intro. : * Research Scholar, Punjab Police Academy, Phillaur-144 410. ** Senior Deputy Director and Dean, Punjab Police Academy, Phillaur-144 410. *** Associate Professor and Coordinator, Forensic Science Unit, S.G.T.B. Khalsa College, University of Delhi, Delhi - 110 007.

62 July - September, 2011 The Indian Police Journal surface bearing the latent impression.2 Nor should fingerprint residue, however small the amount it be strongly physically attracted to the surface. may be. This paves the way for development of even extremely faint fingerprints. Fingerprint dusting powders are available in a wide range of compositions. Regular powders consist In the present investigation, nanoparticles of of an adhesive, usually a resinous polymer, and alumina or copper have been coated with a colourant for contrasts.5 The adhesive sticks to fluorescent crystal violet stain (Fig. 1), so that the moisture and oily components of sweat, while week prints are enhanced under a suitable the colourant is adsorbed onto the adhesive. light source. This follows from our interest in Commonly used adhesives are starch, kaolin, propounding Nanotechnology-based fingerprint rosin and silica gel; commonly used colourants detecting formulations.10, 11 are charcoal, iron oxide and manganese dioxide. Organic dyes like aniline blue and Azure may also be used as colourants.6, 7

Powder formulations containing meshed metals have also been used for a considerable time.2 Their advantage is that they have longer shelf-lives as compared to regular powders. Their disadvantage is that the metallic components elicit toxic effects to the users. Silver powder containing aluminium flake and pulverized quartz; gold powder containing bronze flake and pulverized quartz; and gray powder containing meshed aluminium and kaolin are some examples of metallic dusting compositions.

A good number of powder formulations contain organic derivatives that fluoresce or phosphoresce Fig. 1: Structure of crystal violet upon exposure to ultraviolet or laser lights.8, 9 The advantage of such compositions is that these are useful for visualization of latent prints impinged Experimental on multicoloured surfaces that would present a Crystal violet, alumina and copper powder were problem of contrast, if developed with regular or purchased from Sigma-Aldrich Foreign Holding metal-based powders. Moreover, these may be Co. and used without any further purification. used for detecting weak, chance and fragmented fingerprints that are often encountered at crime Nanoparticle-size alumia (0.5 g) was suspended scenes. Their disadvantage is that these can rarely in distilled water (50 ml) and sonicated for 30 be used in fieldwork. Some common organic minutes. Crystal violet stain (0.0075-0.01 g) compounds that have been used for preparing was dissolved in distilled water (10 ml) and the luminescent powders are rhodamine B, acridine solution was added to alumina nanoparticles. orange and crystal violet. The contents were sonicated for another 30 minutes. The mixture was dried under natural Conventional fingerprint dusting powders pick conditions. The solid mass was ground to a fine up prints since the oil secreted by fingertips has powder. The dye content in the composition a natural tackiness. In the course of time, the oil was 1.5-2.0%. The composition based on tends to evaporate and, therefore, old fingerprints nanoparticles of copper was prepared by an are difficult to detect by powder method. This analogous method. problem is specifically relevant to a tropical country like India where hot climate prevails eight Each composition was dusted on different out of twelve months in a year. Nanotechnology surfaces containing the latent fingerprints with a provides a solution to this problem. Nanoparticles camel hair brush. The excess powder was blown have the ability to actively seek out oil from the off. The surface was photographed.

July - September, 2011 63 The Indian Police Journal Results and Discussion imprints on obverse and waxed, reverse sides of postal stamps. Fig. 3 shows a fingerprint detected The adhesion of a powder formulation to on a steel article by alumina-based composition. fingerprint residue is governed by the pressure deficit mechanism. If a powder particle is wetted only on its lower side by the sweat deposition then, owing to the curvature of the meniscus, there will be a pressure deficit inside the droplet, causing the particle to adhere. The electrostatic attraction between the sweat residue and the powder particles too play a role in adhesion, albeit a minor one.12

The effectiveness with which the powder adheres to the ridges depends on the size and shape of the particles that compose the formulation.1 Small, fine particles adhere more easily than large, coarse ones. Particles with size in nanometer range have excellent adhesion ability. It was with this aim that Nanotechnology-based compositions were Fig. 3: Fingerprint developed on steel article prepared for the present study. Other surfaces on which an unscrupulous element The novel compositions detect latent fingerprints is likely to leave his fingerprint impressions include on a wide range of surfaces, absorbent and non- glassware, steel handles and knobs, bakelite absorbent; white and multicoloured. These are switches and switchboards and plastic table mats. specifically useful for developing imprints on The present technique of fingerprint detection gives glossy items. A sample fingerprint developed on good results on all such items. A representative glossy paper by composition containing copper impression developed on glass surface using as adhesive material is shown in Fig. 2. copper-based composition is shown in Fig. 4.

Fig. 2: Fingerprint developed on glossy paper

Good quality prints have been lifted from lamination sheets. Thus, the present method Fig. 4: Fingerprint developed on glass may be extended for obtaining fingerprints from laminated documents, such as archaeological The fluorescent nature of the compositions assists in enhancing weak fingerprints that are frequently scripts, certificates, driving licences and identity encountered at scenes of crime. The developed cards. Prints may be developed on polythene fingerprints showed considerable enhancement bags - commonly used for carrying household when impinged with radiation having 500- items, and polythene bottles - commonly used 550 nm wavelength range and simultaneously for storing household items. These also detect observed through red goggles/filter.

64 July - September, 2011 The Indian Police Journal In the course of this investigation, it was observed reason, the fingerprints developed by alumina- that the quality of developed fingerprints was based composition are clearer and sharper as profoundly affected by the degree of attraction compared to those detected by copper-based between the adhesive material (alumina or copper) composition. A comparison of fingerprints and the colourant (crystal violet). Stronger the developed on photostat paper by alumina- interaction, better is the quality of the developed containing formulation [Fig. 5(A)] and copper- fingerprints. The attraction between the adhesive containing formulation [Fig. 5(B)] supports this and the colourant, in turn, is dictated by dipole- assertion. dipole forces between the two chemical entities. The technique may be operated by an amateurish Crystal violet is a polar species, with small positive hand. It may be used at crime scenes, as well as and negative charges residing on different atoms in the laboratory. in its molecular structure (Fig. 1). Alumina too is a polar molecule in which a partial positive charge Several studies have indicted powder formulations resides on aluminium, while a partial negative as being a health hazard to fingerprint charge resides on oxygen. The dipole-dipole examiners.13, 14 In fact, toxic effects of heavy attraction between alumina and crystal violet is metals and their salts have led to phasing out of substantially large. On the other hand, there is no some of the compositions. For example, the lead- charge separation on the nanoparticles of copper. based and mercury-based powders are no longer The dipole-dipole attraction with crystal violet is in use. However, the present compositions are concomitantly small or altogether absent. For this non-toxic in nature.

(A) (B)

Fig. 5: Fingerprint developed on photostat paper by (A) alumina-based composition; and (B) copper-based composition

Conclusion the scene of crime or in the laboratory. They are cost-effective, non-toxic and luminescent in Fingerprint dusting powders based on crystal nature. The technique is simple to operate. The violet stain are versatile compositions for detecting results obtained with composition containing fingermarks on a spectrum of absorbent and non- nanoparticles of alumina are better than those absorbent surfaces. These may be used, both at obtained with copper powder. 

ACKNOWLEDGEMENT

The authors are grateful to the Department of Science and Technology, New Delhi for sanctioning a research project on Nanotechnology of which the present work is a part.

July - September, 2011 65 The Indian Police Journal REFERENCES

1. Wilshire, B., “Advances in Fingerprint Detection”, Endeavour, 1996, 20, pp. 12-15.

2. Lee, H.C. & Gaensslen, R.E. (Eds.) in “Advances in Fingerprint Technology”, Elsevier, New York, 1991, pp. 59-101.

3. Knowles, A.M., “Aspects of Physicochemical Methods for the Detection of Latent Fingerprints”, Journal of Physics, E: Scientific Instrumentation, 1978, 11, pp. 713-721.

4. Sodhi, G.S. & Kaur J., “Powder Method for Detection of Latent Fingerprints: A Review”, Forensic Science International, 2001, 120, pp. 172-176.

5. Olsen, R.D., Fingerprint Mechanics, C.C. Thomas, Springfield, 1978.

6. Sodhi, G.S. & Kaur, J., “A Fingerprint Powder Formulation based on Aniline Blue Dye”, The Indian Police Journal, 2002, 49(3), pp. 44-45.

7. Sodhi, G.S. & Kaur, J., “Fingerprint Powder Formulation based on Azure II Dye”, Defence Science Journal, 2004, 54, pp. 179-182.

8. Menzel, E.R., “Laser Detection of Latent Fingerprints - Treatment with Fluorescers”, Journal of Forensic Science, 1979, 24, pp. 96-100.

9. Menzel, E.R., “Laser Detection of Latent Fingerprints - Treatment with Phosphorescscers”, Journal of Forensic Science, 1979, 24, pp. 582-585.

10. Sodhi, G.S. & Kaur, J., “A Novel, Nanoparticle Size Fingerprint detecting Composition based on Fluorescent Lucifer Y Dye”, Fingerprint World 2007, 34, pp. 24-25.

11. Sodhi, G.S. & Kaur, J., “Nanotechnology in aid of Fingerprint Detection”, CBI Bulletin, 2008, 16, pp. 35- 36.

12. Thomas, G.L., “The Physics of Fingerprints and their Detection”, Journal of Physics, E: Scientific Instrumentation, 1978, 11, pp. 722-731.

13. Van Netten, C., Teschke, K.E. & Souter, F., “Occupational Exposure to Elemental Constituents in Fingerprint Powders”, Archives of Environmental Health, 1990, 45, pp. 123-127.

14. Souter, F.C.G., van Netten, R. & Brands, R. “Morbidity in Policemen Occupationally Exposed to Fingerprint Powders”, International Journal of Environmental Health and Research, 1992, 2, pp. 114-119.

15. Green, F.J., “The Sigma - Aldrich Handbook of Stains, Dyes and Indicators”, Aldrich Chemical Co., Milwaukee, 1991.

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66 July - September, 2011 Differential-Pulse AnodicThe Indian Police Journal Stripping Voltametry (DPASV) Determination of Lead (Pb) Heavy Metal in Blood Dr. A.K. Jaiswal*, Dr. M. Gupta** & Harsha Rohira***

Abstract

In the present work, the direct determination of Lead (Pb) heavy metal in Keywords blood was carried out by differential pulse anodic stripping voltametry technique at Hanging Mercury Drop Electrode (HMDE). Blood was Anodic Stripping Voltammetry processed by wet digestion method using a mixture of concentrated nitric acid (HNO3) and sulphuric acid (H2SO4). Determination of Lead was Hanging Mercury Drop made in acetate buffer (pH 4.6) with a sweep rate (scan rate) of 60 mV/s and pulse amplitude 50 mV by Hanging Mercury Drop Electrode (HMDE) by Electrode standard addition method. The solution was purged with nitrogen gas and pre-electrolysis was done at –1150 mV (vs.Ag/AgCI) for 90 seconds and Lead the potential was scanned from –1150 mV to –700 mV (vs.Ag/AgCl). The Blood Lead ions were deposited by reduction at –1150 mV on HMDE. Then the deposited metal was stripped (oxidized) by scanning the potential from Heavy Metal –1150 mV to –700 mV using a differential pulse mode. The stripping current arising from the oxidation of metal was correlated with the concentration HMDE of the metal in the sample. The amount of lead determined in the blood sample came out to be 5.555 mg/L. BLL, etc. Introduction EAD is the poisonous metalloid found in different allotropic

forms. The four stable isotopes of lead are 204Pb, 206Pb, 207Pb and 208 . Metallic lead occurs very rarely in nature. Major L Pb sources of lead exposure are lead containing paints, household dust, soil, groundwater and surface water, herbal remedies, such as Indian Ayurvedic preparations and remedies of Chinese origin and Ceramic glaze. Ingestion is the major pathway and the major source, which contributes to lead poisoning through lead paints. Inhalation is the second major pathway, especially for workers in lead-related occupations and dermal exposure for people working with lead compounds. When lead is present in environment, it can affect all the components of environment. Lead can end up in water

Author Intro. : * Asstt. Professor, Department of Forensic Medicine and Toxicology, All India Institute of Medical Sciences, Ansari Nagar, New Delhi-110 029. Tel. 91-9868115165 ; E-mail: [email protected] ** Scientist-I, Department of Pharmacology, All India Institute of Medical Sciences, Ansari Nagar, New Delhi-110 029. *** Student, B.Sc. (H) Biomedical Sciences-II, Acharya Narendra Dev College, Delhi University, Govind Puri, Kalkaji, Delhi-110 019.

July - September, 2011 67 The Indian Police Journal and soil through the corrosion of leaded pipelines protoporphyrin IX, the final step in heme in water transporting system. Lead can result into synthesis.3 Lead also interferes with the activity of stunted growth or killing of plants.1 In humans, it an essential enzyme called delta-aminolevulinic can affect many essential systems and organs of acid dehydratase or ALAD, which is important body like reproductive system, nervous system, in the biosynthesis of heme. The normal values kidneys, liver, neurons, etc.2 Some of the major are less than 10 µg/dL for children and less than effects are given below: 20-25 µg/dL for adults, but a person may show symptoms at higher levels than this. Table 1 gives l It can damage hippocampus. the general symptoms associated with higher l It interferes with the release of levels of lead in blood.4 neurotransmitters, especially glutamate by blocking NMDA receptors. Table 1: General symptoms associated with Different BLL l It causes apoptosis in brain cells. Blood Lead Blood Lead General Level (BLL) Levels (BLL) symptoms l It causes nephropathy and may cause in µg/dL in ppm Fanconi syndrome. 25-60 µg/dL 0 . 2 5 - 0 . 6 0 Neuropsychiatric l It inhibits excretion of the waste product, ppm effects urate, and causes a predisposition for gout, called saturnine gout. >50 µg/dL >0.50 ppm Anaemia l It can cause high blood pressure, coronary >80 µg/dL >0.80 ppm Abdominal colic heart disease, heart disease, heart rate in adults variability, death from stoke. >100 µg/dL >1.00 ppm Wrist drop and foot drop in l Cardiac autonomic dysfunction. adults, signs of l Affects CNS and PNS. encephalopathy in adults l Degeneracy of axons of nerve cells and loss of myelin sheath. >70 µg/dL >0.70 ppm Signs of encephalo- pathy in children l Interferes with normal development of child’s brain and nervous system. In child’s In case of lead poisoning, most commonly given brain, it interferes with synapse formation treatment involves chelation therapy. A chelating in the cerebral cortex, neurochemical agent has at least two negatively charged groups development and organization of ion that forms complexes with metal ions with channels. multiple positive charges like lead. The chelate thus formed, is non-toxic and can be excreted l Between blood levels of 5-35 µg/dL, an in urine. Common chelating agents used in IQ decrease of 2-4 points for each µg/dL lead poisoning are Edetate Calcium Disodium increase is reported in children. (CaNa.2EDTA), Dimercaprol (BAL), Succimer l In men, at levels above than 40 µg/dL, there and Penicillamine.5 Another compound, which is is a reduced sperm count, low volume of used to treat lead poisoning, is DMSA. It decreases sperm, reduced motility and distorted the blood lead levels by 35-81% and induces morphology. 4.5-16.9 fold increase in mean daily urinary excretion of metal.6 l In pregnant women, high Blood Lead Level (BLL) can lead to miscarriage, prematurity, The analysis of blood lead levels in the laboratory low birth weight and in utero poisoning of can be carried out in many ways. Blood film foetus. examination may reveal basophilic stippling of l Cataract development in men. RBCs as well as the changes normally associated with iron deficiency anemia.7-8 Measuring Lead inhibits porphobilinogen synthase and Erythrocyte Protophyrin (EP)7-8 also gives us the Ferrochelatase, preventing both porphobilinogen clue about lead poisoning. Lead in bones can be formation and the incorporation of iron into measured by X-ray fluorescence.9 The qualitative

68 July - September, 2011 The Indian Police Journal tests include sodium sulphide test and sodium 797 VA Computrace from Metrohm AG Ltd., rhodizonate test.10 In sodium sulphide test, a Switzerland (Fig. 1). It is a three-electrode positive reaction is indicated by a black or gray system consisting of Multi-Mode Electrode colour and in sodium rhodizonate test, the change MME (mercury) as working electrode, of pink area to a blue-violet colour confirms the Platinum (Pt) as auxiliary electrode and presence of lead.10 Many other methods are also Ag/AgCl/3M KCI as reference electrode. The used to quantitate lead levels in blood. Some of operating parameters are given in Table 2. the methods are: Nitrogen gas of high purity was used. Micropipette of Eppendorf make of volume l Miniaturized lead sensor based on Lead- 10-100 µl and 100-1000 µl were used. pH specific DNAzyme in a nanocapillary measurements were done with pH meter interconnected micro-fluidic device.11 of model Inolab WTW series at ambient l PNNL’s portable analyzer system.12 temperature of laboratory. Whatman filter paper 41 Ashless Circles of 125 mm l By chelation with ammonium pyrrolidine Cat No. 1441 125 from Whatman dithio-carbamate, followed by tungsten-coil International Ltd., Maidstone England were atomic absorption spectrometry.13 used. l Disposable carbon micro-array electrode.14 l ICP-MS Graphite Furnace Atomic Absorption Spectrophotometer l Determination by Dithizone solution.15

Keeping in view of above, a new method has been developed for quantitative determination of Lead (Pb) in blood samples by Differential Pulse Anodic Stripping Voltametry. Anodic Stripping Voltametry (ASV) is a powerful technique, which is used for the direct determination of trace metals Fig. 1: 797 VA Computrace (Trace Metal Analyzer) in different samples. In this study, determination of lead in blood by DPASV was carried out by l Reagents/Chemicals Hanging Mercury Drop Electrode (HMDE). Blood was processed by wet digestion method using a Suprapure acetic acid from Merck GaA, mixture of concentrated nitric acid and sulphuric 64271 Darmstadt, Germany, Nitric acid, acid. Determination of lead was made in acetate Liquor ammonia, Ammonium oxalate, buffer (pH 4.6) with a sweep rate (scan rate) of Lead nitrate from Merck Specialities 60 mV/s and pulse amplitude 50 mV by standard Private Limited, Shiv Sagar Estate ‘A’, Dr. addition method. The solution was purged with Annie Besant Road, Worli, Mumbai-400 nitrogen gas and pre-electrolysis was done at 018, Sulphuric acid from Qualigens Fine –1150 mV for 90 s and the potential was scanned Chemicals, a Division of GlaxoSmithKline from –1150 mV to –700 mV. Differential Pulse Pharmaceuticals Limited, Dr. Annie Besant Anodic Stripping Voltametry (DPASV) technique Road, Mumbai-400 025, water from milli Q is new, rapid, simple, selective and inexpensive were used. for qualitative and quantitative determination of l Preparation of ammonium acetate buffer heavy metals in blood. Ammonium acetate buffer was prepared by Materials and Methods dissolving 5.55 ml of acetic acid in 10 ml of l Instrumentation/accessories and Operating milli Q. Then, 3.7 ml of Suprapure ammonia Conditions was added slowly and pH was adjusted to 4.6 by adding few drops of Suprapure Voltametric determination of Pb was ammonia. Finally, the volume was made performed by Trace Metal Analyzer model upto 50 ml with milli Q.

July - September, 2011 69 The Indian Police Journal Table 2: Operating parameters for the determination 2.5 ml concentrated nitric acid was added of Lead by DPASV to it and again heated on the hot plate near boiling to complete dissolution of the residue Parameters Description and then cooled. After cooling, the contents Working electrode Hanging Mercury Dropping of the beaker was heated till just carbonized. Electrode Concentrated nitric acid was added to the Calibration Standard addition method beaker dropwise with the help of a dropping Number of replica- 2 funnel at the rate of about 20 drop/minute tions and heating is continued. Addition of nitric Drop size 4 acid and heating was continued till the contents of the beaker becoming nearby Stirrer speed 2000 rpm colourless. (When organic material is not Mode Differential pulse completely oxidized, red fumes will appear Initial purge time 300 s in the beaker and charring will occur on Addition purge time 10 s further heating.) When the contents of Deposition potential –1150 mV the beaker become colourless dropwise addition of the nitric acid and heating was Deposition time 90 s stopped and kept for cooling. After cooling, Equilibration time 10 s 2.5 ml of the saturated ammonium oxalate Pulse amplitude 50 mV solution was added to the beaker and the Start potential –1150 mV boiling was continued till sulphuric acid begin to reflux. The sample was cooled, End potential –700 mV diluted with 20 ml milli Q water and filtered Voltage step 6 mV with Whatman filter paper 41. The sample Voltage step time 0.1 s was then quantitatively transferred to a 50 Sweep rate 60 mV/s ml volumetric flask and make up to mark by milli Q water. Peak potential Pb2+ –380 mV l Anodic Stripping Voltametric l Preparation of saturated solution of measurements ammonium oxalate 10 ml milli Q and 1 ml of acetate buffer Saturated solution of ammonium oxalate (pH 4.6) is taken in polarographic vessel and was prepared in milli Q. then, the measurement was started under l Preparation of standard solution of Lead the given parameters (Table 2). After this, voltamogramme of the blank was recorded. 1000 ppm solution of Lead was prepared 0.1 ml of prepared sample solution was from Lead Nitrate. 1 ppm standard of lead added to polarographic vessel and then, was prepared by diluting 0.1 ml of 1000 voltamogramme of the sample solution was ppm stock solution of lead to 100 ml milli recorded under the same conditions. After Q water. the sample voltamogramme was recorded, l Sample preparation 0.1 ml of 1 ppm standard of lead was added twice and then, voltamogramme of 1 ml of blood sample was taken in a beaker the standard was recorded (Fig. 2 and Fig. and kept over a wire gauge on the hot plate 3). Finally, the concentration of the metal at 60°C till it was completely charred. Then, was calculated by linear regression method 1.5 ml concentrated sulphuric acid and (standard addition) using following formula: Cell Volume Multiplier Final Result = Concentration × ------—————— × ------—————— Sample amount Divisor Where, Multiplier = Dilution Divisor = Sample amount taken for preparation

70 July - September, 2011 The Indian Police Journal Results and Discussion sensitivity, the optimum pH value of acetate buffer was determined to be 4.6. Under these In this present study, the concentration of the conditions, the concentration of Pb in blood Lead metal in blood was successfully determined sample was found to be 5.555 mg/L. Several by ASV technique. DPAS voltamogramme of Pb papers have discussed the determination of Lead obtained from standard addition technique are in matrices other than the blood. The advantages given in Fig. 2 and Fig. 3. The sensitivity was of proposed voltametric method over the other calibrated by standard additions to the sample and known techniques were sensitivity, rapidity, cost- the initial metal concentrations were calculated effectiveness and less sophistication. by extrapolation (Fig. 3). Consequently, the linear calibration range was automatically obtained Conclusion as being related to quantitative mode of the Voltametric unit. The “automatic blank correction” In this work, Lead determination was carried feature of the instrument was used to subtract the out under the most appropriate conditions, blank contribution due to chemicals, water, etc. which were fixed. Direct determination of Pb in As can be seen from Fig. 3, the current of oxidation blood sample is possible by DPASV. Under the peak of lead increased by the addition of the working conditions to be 4.6 of pH using acetate standard solution. A further increase in sensitivity buffer and 90 s of the deposition time, lead of peak currents was achieved by increasing the amount in blood sample has been successfully deposition time to 180 s. In addition, to increase determined. 

Fig. 2: DPAS Voltamogramme of Pb obtained from standard addition technique with number of replications being 2. (A) 0.1 ml sample in 1 ml acetate buffer (pH 4.6) + 10 ml distilled water; (B) A + 0.1 ml standard solution of Pb (1 ppm); (C) B + 0.1 ml standard solution of Pb (1 ppm)

July - September, 2011 71 The Indian Police Journal

Fig. 3: The calibration plot of Pb obtained from standard addition by DPASV technique

REFERENCES 1. D. Greene, “Effects of Lead on the Environment”, Lead action news Winter, 1 (2) (1993). 2. T.I. Lidsky & J.S. Schneider, “Lead Neurotoxicity in Children: Basic Mechanisms and Clinical Correlates”, Brain, 126 (2003), pp. 5-19. 3. J.N. Gordon, A. Taylor & P.N. Bennett, “Lead Poisoning: Case Studies”, Br J Clin Pharmacol, 53 (2002), pp. 451-456. 4. J.C. Merrill, J.J.P. Morton & S.D. Soileau, “Metals”. in Hayes, A.W., “Principles and Methods of Toxicology”, 5th Edition, CRC Press (2007), p. 860. 5. J.J. Jr. Chisolm, “The Use of Chelating Agents in the Treatment of Acute and Chronic Lead Intoxication in Childhood”, J. Pediatr., 73(1) (1968), pp. 1-38. 6. H.L. Needleman, A. Schell, D. Bellinger, A. Leviton, E.N. Allred, “The Long-term Effects of Exposure to Low Doses of Lead in Childhood”, N Engl J Med, 322 (1990), pp. 83-88. 7. McElvaine, H.G. Orbach & S. Binder, et aI., “Evaluation of the Erythrocyte Protoporphyrin Test as a Screen for Elevated Blood Lead Levels”, J. Pediatr., 119(4) (1991), pp. 548-550. 8. L. Patrick, “Lead Toxicity, a Review of the Literature. Part 1: Exposure, Evaluation and Treatment”, Alternative Medicine Review, 11(1) (2006), pp. 2-22. 9. T.M. Ambrose, M. AI-Lozi & M.G. Scott, “Bone Lead Concentrations assessed by in vivo X-Ray Fluorescence”, Clinical Chemistry, 46(8) (2000), pp. 1171-1178. 10. http://projects.nfstc.org/firearms/module12/fir_m12_t05_03j.htm 11. I.H. Chang, J.J. Tulock, J. Liu, W.S. Kim, D.M. Jr. Cannon, Y. Lu, P.W. Bohn, J.V. Sweedler & D.M. Cropek, “Miniaturized Lead Sensor based on Lead-specific DNAzyme in a Nanocapillary Interconnected Microfluidic Device”, Environ Sci Technol, 39(10) (2005), pp. 3756-3761. 12. G. Harvey, “New Sensor System helps Detection of Lead, Heavy Metals”, PNNL (2008). 13. A. Salido, C.L. Sanford & R.T. Jones, “Determination of Lead In Blood by Chelation with Ammonium Pyrrolidine Dithio-Carbamate, followed by Tungsten-Coil Atomic Absorption Spectrometry”, Spectrochimica Acta Part B: Atomic Spectroscopy, 54(8) (1999), pp. 1167-1176. 14. B.J. Feldman, D. Alessandro, J.D. Osterloh & B.H. Hata, “Electrochemical Determination of Low Blood Lead Concentration with a Disposable Carbon Microarray Electrode”, Clinical Chemistry, 41(4) (1995), pp. 557-562. 15. M.K. Horwitt & G.R. Cowgill, “A titrimetric Method for the Quantitative Estimation of Lead in Biological Materials”, J. BioI. Chem. (1937), pp. 553-564.

72 July - September, 2011 Psycho-PhysiologicalThe Indian Police Journal Basis of the Forensic Assessment

Dr. Asha Srivastava* & Aman Yadav**

Abstract The discipline of determining truth and detecting lies is based on scientific Keywords principles. In order to better understand the nature of deception, its behavioral correlates, and its detestability, it is helpful to first understand the underlying Nervous System processes that provide the framework for deceptive communication. Communication is the transfer of information from one person to another. Central Nervous System Most of us spend about 75% of our waking hours communicating our knowledge, thoughts, and ideas to others. However, most of us fail to Autonomic Nervous System realize that a great deal of our communication is of a non-verbal form as opposed to the oral and written forms. Non-verbal communication includes Parasympathetic Nervous facial expressions, eye contact, tone of voice, body posture and motions, and positioning within groups. The determining of truth and deception is System a discipline based on scientific principles which are grounded in the data Sympathetic Nervous System derived from research findings in Physiology and Psychology. Forensic Assessment Introduction HE determination of the truth as to where the truth can be found, and the detection of lies, is a discipline based on scientific Tprinciples. Since lying in such a commonplace occurrence, most of us are personally acquainted with the inner sensations that so often accompany the telling of lie. We have also learned from personal experience in the ordinary, everyday affairs of life that it is sometimes possible to detect a lie in other simply by observing their facial expressions of their general conduct and behaviour, such as blushing, twitching of the lips, squinting of the eyes, a failure to look inquirer “straight in the eye”, a peculiar monotone of the voice, a “forced laugh”, a counter inquiry of “who, me?” movements of the hands and feet exhibiting a state of uneasiness and many other reactions of a similar nature. An overview of research on non-verbal indicators of deception shows that liars tend to have a higher-pitched voice, make longer pauses and move their arms, hands, fingers, feet and legs less than truth-

Author Intro. : * Ph.D. in Psychology, Senior Scientific Officer-1 and Head of Division, Forensic Psychology Division, CFSL (CBI), New Delhi. ** Senior Scientific Officer (Lie-Detection), Forensic Science Laboratory, Government of N.C.T., Delhi. He has 15 years’ experience in crime investigation in Delhi Police.

July - September, 2011 73 The Indian Police Journal tellers (Vrij, 2000). None of the other non-verbal any living organism’s survival, is to maintain an characteristics (e.g., gaze aversion, smiling, eye ideal internal environment free of distress or threat. blinks, self-manipulations and shifting position) In humans, this homeostatic condition is made seem to be systematically related to deception. It possible by the maintenance of physiological should be noted that these findings do not suggest functions by the body’s various nervous systems: that all people display all of these cues during deception. What the findings do suggest is that l The Central Nervous System (CNS) consists the majority of liars do display these behaviours. of the brain and spinal cord. In view of the many years of experience, human l All other nerve-ways are within the beings have had in lying and in detecting lies in peripheral nervous system, which itself others on the basis of various outward indications, separate into the somatic nervous system such as the ones previously mentioned, it was and the Autonomic Nervous System (ANS). inevitable that eventually, someone would (i) The somatic nervous system is involved conceive the idea that it might be possible to make a with the voluntary functions over your scientific determination of deception or truthfulness skeletal muscles, e.g., you control and by obtaining indications or recordings of non- observable physiological phenomena, such as direct the movement of your arms changes in blood pressure pulse and respiration. and hands with your skeletal muscles through your somatic nervous system. The determination of the truth and deception is based on scientific principles of Physiology (ii) The autonomic nervous system and Psychology. The key physiological sources controls those involuntary physiological of these manifestations is found in the body’s functions of the body and has autonomic nervous system, in a response considerable psychological impact as commonly called the “fight or flight” response well. The autonomic nervous system mechanism. This psycho-physiological response controls smooth muscles, glands and occurs when an individual consciously or organs not usually under conscious unconsciously perceives a threat to his/her control. immediate well-being. This response involves The autonomic nervous system is divided in its a complex and specific range of physiological functions: changes occurring spontaneously, which prepare the individual to either stand and fight, or flee the l Parasympathetic Nervous System (PNS) threat. A less well-known phenomenon related to this mechanism has been identified as the and “freeze/hide” syndrome. The latter occurs in those l Sympathetic Nervous System (SNS). circumstances when the threatened individual is either too young, too weak or too psychologically Ø Parasympathetic Nervous System disempowered to Fight or flee. (PNS) The suspect has the same three instinctual The Parasympathetic Nervous System is options: fight, flight or freeze/hide. It is the the “housekeeping” or braking system. conflict among these evolutionary drives and the It is responsible for conserving energy psychological reality of his/her situation, which and making sure necessary bodily will create the non-verbal and verbal indicators functions, such as digestion and waste that are read and interpreted by the trained elimination take place. It also functions interviewer as signs of responses to a threat. In to restrain sympathetic arousal and this case, the threat is that being exposed, and attempts to maintain homeostatic norm. the resultant psycho-physiological response can In doing so, it conserves physiological be read as deception. resources. Scientific Basis of Forensic Assessment Ø Sympathetic Nervous System (SNS) Physiologist recognized the phenomenon of The Sympathetic Nervous System is homeostasis, which is one of the requirements for our emergency or action system. It is

74 July - September, 2011 The Indian Police Journal the system, which caused the sudden Increases Increases and dramatic changes. The brain is abdominal thoracic in constant struggle against various activity activity psychological and physiological stressors to maintain or regain SNS PNS homeostasis through the dual controls Decreases Decreases afforded it by the Parasympathetic abdominal thoracic and Sympathetic Nervous Systems. activity activity The brain can slow the heart down by sending it a parasympathetic neural Thus, the Parasympathetic Nervous System message or speed it up by sending it a is constantly trying to balance the activity of sympathetic message. the Sympathetic Nervous System in order to conserve energy and prevent bodily dysfunction. Generally, the PNS increases abdominal However, frequently, its efforts are defeated. activity, allowing for digestion and waste When this occurs, sympathetic arousal takes elimination, while it slows thoracic (chest) activity, place, causing sudden involuntary changes to and conserves energy by slowing the heart rate, prepare for the threat. The heart rate is increased and additional levels of adrenaline are secreted lowering blood pressure and decreasing the into the blood. The combination of an increase rate of breathing. The SNS decreases abdominal in cardiac output and adrenaline causes increases activity (there is no need for digestion or waste in blood pressure. The additional red blood cells elimination under conditions of dire threat) and are released from the spleen to increase the increases thoracic activity in an attempt to get amount of oxygen delivered to the body cells, more oxygen to the critical areas of the body and remove additional waste products produced necessary to assist in survival. by the excited metabolism. Stimulus

Threatening Non-Threatening

SNS Activated PNS is working

Fight Flight Normal Physiological Functions maintained

Conscious effort to deceive Undisturbed Homeostasis

Homeostasis is disturbed in order to take appropriate action

Homeostasis is restored once PNS takes over the threatening question (Relevant) is over

July - September, 2011 75 The Indian Police Journal The interaction of the two branches of ANS is salivary glands are inhibited. They are part of clearly seen and felt in the following figure. the digestive system and considered unimportant Sympathetically, visual and hearing activity during fight/flight. This causes the “dry mouth” increases maintaining the individual in a heightened phenomenon utilized in “Trials of ordeal” by state of awareness. Parasympathetically, the earlier cultures.

Parasympathetic Sympathetic Constricts Eye Dilates Stimulates Salivary Glands Inhibit Slows Breathing Increases No Comparative Sweat Glands Increase Slows Heart Accelerates Stimulates Digestion Inhibits Stimulates Waste Elimination Inhibits

This clearly demonstrates and substantiates the B.F. Skinner, the famous Behavioural Psychologist, differences cited between the Parasympathetic designed a plastic, see-through cage with a metal and Sympathetic Nervous Systems. floor to allow him to study animal behaviour. Psychological Theories of Lying There is another explanatory theory of “choice conflict”. Any time conflicts occur, we Hans Selye, a Canadian Physiologist, in 1926 experience emotional changes which, in turn, theorized the General Adaptation Syndrome. He cause physiological changes to occur. If you postulated that upon experiencing, distress, the have the choice of going to a movie or to a body entered an “alarm” stage, where psycho- football game, and you really want to do both, physiological factors were heightened. The body you are experiencing an Approach-approach next entered a stage of “resistance”, where it conflict. The greater the conflict would be and attempted to overcome distress. If the body was the resulting physiological changes that will be unable to correct the problem, it entered into a created. Avoidance-avoidance conflict results stage of “exhaustion”, which ultimately, led to from having to choose between two negatively death. The majority of people speak during the impacting options. The greater the negative impact exhalation cycle in breathing. Therefore, it is of the options, the greater the accompanying believed that answers will cause distortion in physiological response. natural flow of an examinee’s breathing pattern. When an action causes something desirable or By requiring “Yes”/“No” answers, this problem is undesirable, with neither being predictable, it is kept to a minimum. called an Approach-avoidance conflict. Like the rat This clearly demonstrates and substantiates the in the Skinner-Box, an individual telling a lie also differences cited between two Parasympathetic places himself in an Approach-avoidance conflict. and Sympathetic Nervous Systems. Polygraph Expert Cleve Backster introduced the third theory of psychological set. The psychological set postulates that an individual Conditioned response to a lie being asked a series of questions will mentally focus on those questions, which pose the greatest Punishment (UCS) Sympathetic arousal (UCR) immediate threat to his general well-being. The Forensic Assessment Interview utilizes relevant questions dealing with the crime, to pose the greatest threat to the guilty suspect, since he/ Caught telling she will be forced to either confess or lie to the a lie (CS) matter at hand.

76 July - September, 2011 The Indian Police Journal

Sl.No. Truthful Behaviour Deceptive Behaviour 1. Rich in details Lack of details 2. First person singular, past tense Deviates from the first person singular, past tense 3. Proper introduction of the victim “My daughter” Improper introduction of the victim “she” 4. Uses possessive pronoun “My daughter” Lack of possessive pronoun “The child” 5. No gaps in time Missing time “Two hours later” 6. Appropriate emotions in right place (post-incident) No emotions 7. Will deny doing crime before being asked Only makes denials to direct question 8. Proper flow of story Incorrect flow of story 9. Wants truth known Wants truth hidden 10. Talkative Not talkative 11. Tries to narrow or assist investigation Has no information/tries to broaden investigation 12. Uses appropriate and strong terms Uses mild/erasive terms 13. Express real feelings Detached/distant 14. Admit the opportunity Denies opportunity/makes declaration to exclude self 15. Argues actual innocence Argues legal innocence 16. Relaxed and confident And defensive 17. Face-to-face alignment Evasive body alignment 18. Uses illustrators Uses adaptors 19. Natural/settled foot and leg positioning Tears, repetitive, restless foot and leg movements

Guidelines for Forensic Assessment l Mental health law decisions l The Forensic Assessment should be in l Juvenile delinquency decisions extreme detail. l Family law matters l Crime Scene visited needs to be recorded in l Law Enforcement personnel selection detail with Experts. l Evaluation of disability claims. l History of psychiatric illness and related records of the persons concerned. Conclusion l Educational history of the individual. There is no common or universal behavioural l Crime and Police reports. cue set that identifies deception across all individuals. While the presence of a universal cue l Records of a crime committed as a juvenile would be convenient, the usage of behavioural or as an adult. information still can contribute a great deal to l Interpersonal relation with family members. deception prediction, if appropriately analyzed. The difficulty with lying is that the subconscious l History of any physical illness. mind acts automatically and independently of our l Social and background history. verbal lie, so our body language gives us away. This is why people, who rarely tell lies, are easily Legal Implications caught, regardless of how convincing they may sound. The moment they began to lie, the body Among the legal decisions that have been assisted sends out contradictory signals, and these give by Forensic Psychological Assessment are: us our feeling that they are not telling the truth. During the lie, the subconscious mind sends l Criminal court issues out nervous energy that appears as a gesture l Correctional decisions that can contradict what the person said. Many

July - September, 2011 77 The Indian Police Journal researches show that even when major body l The suspect’s past success in similar gesture are consciously suppressed, numerous situation. microgestures will still be transmitted. These l The suspect’s perception of the seriousness include facial muscular twitching, expansion of being caught. and contraction of pupils, sweating at the brow, flushing of the cheeks, increased rate of eye As Forensic Assessors, we understand that we blinking and numerous other minute gestures must limit the stimuli, so that we can assign a that signal deceit. When a person tells lie, the distinct cause to any effect we observe. degree of physiological changes take place in an individual’s body. The degree of change will Forensic Assessment is a non-instrumental analysis, it offers a considerable advantage, i.e. depend on the following factors: the absence of technology leaves the suspect l The suspect’s perception of the interviewer’s less aware of what is being monitored and less ability to detect the truth. guarded and intimidated. Most important, the interviewer can evaluate a broader range of l The degree of guilt the suspect feels about suspect responses to make a reliable assessment his action. of witness/suspect credibility. 

BIBLIOGRAPHY

1. Allan Pease (1981). “Body Language: How to read others’ Thoughts by their Gestures”, Pease Training International.

2. David L. Shapiro (1943). “Forensic Psychological Assessment: An Integrative Approach”, Allyn and Bacon, Boston.

3. Fred E. Inbau, John E. Reid, Joseph P. Buckley & Brian C. Jayne. (2004). “Criminal Interrogation and Confessions”, Jones and Bartlett Publishers, Sudbury, Massachusetts, USA.

4. Goodman-Delahunty, J. (1997). “Forensic Psychological Expertise in the Wake of Daubert”, Law and Human Behavior, 21 (2), pp. 121-140.

5. Hartwig, M, Granhag, P.A., Stromwall, L.A. & Vrij, A., “Deception Detection: Effects of Conversational Involvement and Probing”, Goteborg Psychological Reports, 2002, 32, No. 2.

6. John E. Reid, Fred E. Inbau (1962). “Truth and Deception - The Polygraph Technique”, Second Edition, The Williams & Wilkins Company, Baltimore.

7. James Allan Matte (1980). “The Art and Science of Polygraph Technique”, Charles C. Thomas Publishers, Springfield, Illinois, USA.

8. Miller, G.R. & Stiff, J.B. (1993). “Deceptive Communication”, Sage Series in Interpersonal Communication 14, Newbury Park: Sage Publications.

9. Rabon, D. (1992). “Interviewing and Interrogation”, Durham, N.C.: Carolina Academic Press.

10. Veeraraghavan Vimla (2009). “Handbook of Forensic Psychology”.

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78 July - September, 2011 The Indian Police Journal Investigation of Railway Accidents

Dr. J.R. Gaur*

Abstract

Keywords Railway accidents have become a common phenomenon now-a-days all over the world. It involves huge loss of life and property. The cause can be human errors, system failures, adverse climatic conditions or acts of Railway Accidents sabotage. Such accidents can be avoided if anti-sabotage measures are fully adopted by the Railways and proper scientific investigations are carried out Train Derailments in the cases of accidents and the guidelines are framed and implemented for future safety. Strict vigilance of the control systems, quality assurance Broad Guage for material management at the stations and of the tracks can avoid most Metre Gauge of such accidents. Sabotage Introduction Tampering E very often come across reports of Railway accidents and train derailments through print and electronic Media Sleepers Wnow-a-days. The loss of life and property is always irreparable. The scenes of accidents leave such terrifying impacts Spikes on our minds, which are unforgettable. Large number of people assemble at the accident site and provide immediate help to the victims of such accidents. The Police, Military, Paramilitary Forces and Railway Protection Force play vital roles in providing all possible help to the injured and for extricating the trapped dead bodies inside the compartments. The Government and the Railways pay huge compensations to the victims of these accidents. But, the loss of human life cannot be compensated in any way, which leaves behind orphan children, unfateful widows and widowers, who have to lead their lives in the absence of their kiths and kins and the scene of accident always remains a torturous unfateful memory in their lives. All these human sufferings can be avoided if we have a check on Railway accidents and derailments by adopting appropriate measures after scientific investigations in the cause of accidents/derailments. The causes of such accidents can be of the following types: Natural Causes l Earthquakes, heavy rains, floods, forest fires may damage or wash away the Railway tracks quickly without giving

Author Intro. : *Director, State Forensic Science Laboratory, Himachal Pradesh, Junga-173 216.

July - September, 2011 79 The Indian Police Journal any chance to the drivers for controlling Mechanical and Construction Faults the speed or for stopping the trains. The ground fog in winters, the low clouds and l Brake failures and control system failures are dust storms leading to poor visibility can commonly observed to be responsible for be another cause of such accidents. If high several Railway accidents. Such accidents quality material is used in the construction can be avoided by proper maintenance of Rail tracks, quakeproof measures are of the train and the control systems and taken in construction and controlled speeds through periodical regular check-ups of the and appropriate floodlights are used in poor brakes and control systems. visibility, a lot of such accidents can be l Derailments of trains sometimes take place avoided. due to track faults as it happened in the Human Negligence derailment of a train of North-East Frontier Railway in West Bengal. The major causes l Overspeed: The drivers of the trains can be attributed to the— sometimes cross the speed limits prescribed (i) Use of wooden worn-out sleepers. for various areas of their operation. The less load-bearing capacity of the tracks may not (ii) Improper size and dimensions of permit safety at such high speed. The speed, sleepers. as prescribed for hill tracks, may also not be (iii) Improper spacing of sleepers. observed by the drivers. The speedometer graph, if records the speed at various As per norms, there is specified size of locations and is examined by the scientific sleeper in broad gauge line and in metre examiners, can provide a clue regarding the gauge line. Spacing of sleepers is also cause of accident, if due to overspeed or specified for broad gauge and metre gauge otherwise. lines per unit length, failing which it permits tilting of rails laterally. In fact, spacing of l Wrong Signals: Sometimes, where manual sleepers should be in accordance with axle systems of signal is operational, human load. Indian Railways for avoiding such error is the main factor for causing Railway accidents has now started giving preference accidents. One such incident had occurred to concrete and metallic sleepers instead of at Ambala Cantt. Railway Station, where wooden sleepers. a coming train had hit the middle of the standing train due to wrong signal, which l Loose spikes fixed between rails and was due to human error. Similarly, in Uttar sleepers can also be the cause of accident/ Pradesh, due to communication gap, a derailments. It should be checked that spikes few years ago, a train had hit from behind should always be tight. on the another train standing on the outer signal. In another incident in Punjab, at a l Worn-out jaws of sleepers cause loosening Railway crossing, the keyman had opened of tracks, which leads to derailments. Such the crossing on the request of a bus driver, care must be taken at turnings of the tracks, who used to bring newspaper for the especially, that the jaws of sleepers are not keyman daily. As soon as the bus came in worn out, so that Railway tracks are able to between the line, it was hit by the speeding bear lateral thrust of the running trains. train. Multiple casualties had occurred and Sabotage and Railway Accidents even one daughter of the keyman, who had boarded the bus from the Railway crossing, l Railway sabotage means criminal interference also died in the accident. Such human with any part of working machinery with the negligence can be avoided by maintaining object of rendering it inoperational or any act work efficiency, observance of rules and intended to cause loss of life and damage to by posing strict discipline and exemplary the Railway property. This may lead to train punishments to the defaulters. wrecking by wilful obstruction or tampering

80 July - September, 2011 The Indian Police Journal with the pathway, works or rolling stokes, Forensic Examination of Scenes of resulting in an accident to trains with or Railway Accidents without loss of life and damage. The sites of accident should be jointly inspected When an accident occurs due to certain and examined by the Forensic Experts, Police action on the part of some miscreant, who and the Railway officials. Photography and intended to cause the accident or knew that videography of the scene should be carried his action would result in train wrecking, it out meticulously, especially of the damaged/ is classified as sabotage. Sabotage can be affected parts, equipments and the tracks. Rescue with the passenger train, goods train, with operations should not be adversely effected by the track or the control system. The acts the inspecting team and safety of luggage of of sabotage, which have commonly been the passengers and the victims should be given observed, can be as follows: priority. Following examinations should be l Putting obstacles on Railway track, carried out and observations be made: viz., stones, wooden logs, etc. l Wheel marks on sleepers, rails and other l Sleepers, rails and fish-plates may be fittings. removed. l Damage to sleepers and fittings. l Turning, moving, unlocking, and l Places of loose fittings and damage should diverting any points or other machinery be noted. belonging to Railways. l Tampering marks, if any, on fish-plates and l Making, showing, hiding or removing boards should be recorded. any signal or light upon or near to any Railway line or Station. l Missing keys, if any, should be taken note. l Causing destruction to l Curvature of rails should be noted at the site. Railway track, bridges, station installations, locomotive, signals, l Ends and jaws of sleepers should be telecommunications, electric traction examined to know whether they are worn and substances. out or otherwise. l Description of displaced railheads should Anti-sabotage Measures taken by Railways be given. l The Railways are using long-welded rails l Position of wheels, coaches and engine now-a-days in tracks and the joints have should be noted. been reduced. l Marks, if any, on rails table should be noted. l Reverse jaw sleepers (at least three per rail) are being affixed, so as to keep the rails in l Initial point of derailment should be position. scrutinized. l The ends of the fish-plates and the bolts are l Signal system and control system should buried under the stones and the earth, so be examined to know whether they are in that these cannot be removed easily. correct operation or faulty. l The pathway tools are kept safely and are l Use of welding sets or obstacles or not allowed access by the outsiders. explosives, etc., should be examined. l Patrolling continues round the clock in l Sketch should be prepared with respect to sabotage-prone zones. installations and damage. l Pilot trains are run before passenger trains in l The speedometer graph should be analyzed sensitive areas. in the light of speed fixed en route.

July - September, 2011 81 The Indian Police Journal l Factual note should be jointly signed by If above-narrated facts are kept in view for safety the Forensic Experts, Police and Railway and examinations, the rate of Railway accidents authorities and any differences of opinion and derailments can be reduced enormously, should be recorded in writing. which can save huge loss of human lives and property. Not only this, Railway should also pay l Weather information should be recorded heed to Human Resource Development (HRD) and the driver’s identity, physical fitness and the knowledge of technical staff and drivers and eating habits, especially with respect should be updated from time to time through to alcohol and drugs, should be noted and refresher courses, which will enable them to verified. work with the latest trends in the field. The duty hours of the drivers and the operation staff should l The reconstruction of scene of occurrence be fixed to such an extent that the physical and and the inferences should be drawn on the mental unfitness of the staff does not become a basis of above-stated physical evidences. cause of accidents. 

ACKNOWLEDGEMENT

The secretarial assistance given by Shri Dinesh Kumar, Computer Operator is thankfully acknowledged.

BIBLIOGRAPHY

1. 1999 Proc: In. 15th Triennial meeting, International Association of Forensic Sciences, Los Angeles, California, USA, pp. 1-309.

2. Brian Caddy (1987). “Uses of the Forensic Sciences”, Scottish Academic Press, London, pp. 1-184.

3. Gaur, J.R. (1990). “Scene of Crime Investigation in India”, The Indian Police Journal, 37 (I-IV), pp. 53-56.

4. Gaur, J.R. (2003). “Role of Forensic Science in Criminal Investigation with Special Emphasis on Scene of Crime”: Proc. National Seminar organized by M.P. Police and Bureau of Police Research & Development, New Delhi, 15-16 March (Bhopal), pp. 10-13.

5. Mettler, G.B. (1977). “Criminal Investigation”, Holbrook Press, Inc. Boston, pp. 1-332.

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82 July - September, 2011 The Indian Police Journal

Incorrigible Corruption

Dr. N. Dilip Kumar*, IPS

Abstract

Keywords Corruption warps a man with wealth and equips him with various escape routes. The systems and rules come to his rescue, and he knows how to use them to avoid getting caught, and how to wriggle out if he gets caught. Corruption Detection itself is difficult, If detected, process of justice can be delayed, Incorrigible purchased, obstructed; witnesses won over, and Senior Advocates and Prosecutors can even influence the system by foul means for willy-nilly Escape Routes helping him. Since the trial takes ages, his name is not sullied, as “he is still not convicted” and is allowed to use this advantage to worm up again Avarice to a warm place. Manifestation Voluntary Introduction Vigilence, HEN it is considered brazenly normal that official decisions and actions are influenced by the glitter of Nouveau Nobles Wgratifying gifts and not by the merits of mundane matters, defining corruption seems the least relevant. More so, when, dizzy with the agony, caused by this omnipresent virus, the society has already reconciled to it as a grim reality of a common, intractable and incurable affliction. From death certificates, disposal of dead bodies, to surgeries and supplies of medicines; from normal traffic challans to registration of FIRs, investigations to trial and jail; from ration cards to land records; from parking to hawking; from permissions for constructions to prevent demolitions; from purchases, processing of files, clearance of cheques to developmental works and welfare schemes; varieties of NOCs; and tax assessments; and even in administrative matters— from appointments and promotions to transfers and punishments— you name any Government activity, without a gratis nothing moves. With exceptions being very rare, the society is stupefied. Corruption warps a man with wealth and equips him with various escape routes. The systems and rules come to his rescue, and he knows how to use them to avoid getting caught, and how to wriggle out if he gets caught. Detection itself is difficult, If detected, process of justice can be delayed, purchased, obstructed; witnesses won over, and Senior Advocates and Prosecutors can even influence the system by foul means for willy-nilly helping him. Since the

Author Intro. : Joint Commissioner of Police, Vigilance, Delhi Police.

July - September, 2011 83 The Indian Police Journal trial takes ages, his name is not sullied, as “he effective mutations from time to time and resisting is still not convicted” and is allowed to use this all the medications invented and administered. advantage to worm up again to a warm place. History is replete with many known instances. While uninhibited corruption is, therefore, used We are all familiar with the efforts made by undauntedly for assuaging his avarice, society is Chanakya in controlling corruption as recorded (un)scrupulously silent. in his Arthashastra, in which he compared a While the Scandinavian countries, New Zealand public servant with a fish stating that it is difficult and a few others have been able to contain to know if the fish in the water is drinking it or is corruption, we are still unable to understand, just sleeping. Similarly, the story of an incorrigibly let alone control this menace, though we are corrupt courtier of Akbar, who found another signatories to the UN Convention with regard to ingenious way to extract bribes when he was finally corruption. In place of a spirited action, we only abandoned to count waves of the river Yamuna, continue to believe in ritualistic motions, gurgling is oft-repeated. He would stop the transiting out statistics, or churning our brains at frequent ship for disturbing his duty of counting of waves conferences, which are crudely described by some and would thereby create an alibi for reaching as places of resultless intellectual shadow-boxing. a compromise with a bribe. During the British Therefore, we do not even raise eyebrows when days, the impeachment motions against Warren public servants insincerely follow the annual Hastings and Robert Clive for their indulgence in ritual of taking the grand pledge in a chorus: corrupt activities, as also the efforts of the East India Company in defining misdemeanours of “We, the public servants of India, do hereby public servants and prescribing punishments for solemnly pledge that we shall continuously them, are familiar episodes. strive to bring about integrity and transparency in all spheres of our activities. We also pledge Subsequently, while the call for “Quit India” that we shall work unstintingly for eradication reaching its crescendo was engaging the of corruption in all spheres of life ...”, though Government on the one hand and the Second we know fully well that it is broken the very World War sapping its strength simultaneously next moment. on the other, there were operatives actively siphoning off funds and exploiting the scarcities It is, therefore, no surprise that all efforts made for making quick money. through vigilance and watch, penal processes and pledges, could not even prevent the spread of this virulent virus, leave aside its eradication. Though the road ahead looks fizzy without a salubrious solution to celebrate, there may still be some ways and means. Perhaps, Joseph Pulitzer rightly said - “There Is not a crime, not a dodge, not a trick, not a swindle, not a vice, which does not live by secrecy. Get these things out in the open, describe them, attack them, ridicule them in the Press and sooner or later, public opinion will sweep them away.” By taking a cue from these words, and putting in quarantine the afflicted people through social boycotts and administering them the bitter medicine of fear of social stigma, additionally, we may succeed in combating this age-old disease, Society also has to change its attitude. The Age-old Virus Like the transmigrating soul of an individual, the millennia-old virus of corruption has been evolving and erupting in new virulent forms, with

84 July - September, 2011 The Indian Police Journal Now, as foretold by Dr. Rajendra Prasad, the As against this voluntary vigilantism, there is not country is witnessing unending squabbling even a winking vigil against the corrupt. Instead, for the crumbs of power by unscrupulous there is complicity and compliance for various elements. Whereas, for attaining freedom for self- reasons. Sadly, such people are always found governance, emotionally propelled by ethical on the podia sermonising on eroding ethics values, people made many sacrifices; those in and corrosive corruption in the society. Instead governance, unashamedly fuelled by unethical of feeling ashamed of shaking hands with such avarice, are making huge personal gains. The age- persons, we tend to queue up for this “grand” old virus has travelled a great distance of time. event. Even the venerated Godmen or Bhagwans A Corrupt Gentleman! The Dichotomy! honour them with a prominent place in the front rows and publicly shower them with special It is a dichotomy that on the one hand, there are blessings by presenting gold rings produced demands and expectations of honesty in public, from thin air, while blessing the common man while on the other, those who swindle the Public with the cheapest ash or ‘bhibhuti’. A sanguine Exchequer and extort from the public in the sage worth his robes, would use his talisman of name of governance are admired and virtually tapasya to change the treacherous traits of his worshipped. Conspicuously, society is conspiring ‘corrupt’ clients; or would at least command such with the corrupt by treating them as its nouveau bolshoi ‘bhakts’ to reform themselves before they nobles. Big-wigs involved in big scams like Animal enter the portals of his sanctified premises. Husbandry, JMM bribery, Cash for Questions, Taj Corridor, etc., and in various Disproportionate Comparisons are odious. But, it will be an Assets Cases, unabashedly continue in active eye-opener if one makes the incomparable public life, since the society salutes them with comparison of the loss to society through all smartness instead of stigmatizing and singing conventional crime and through corruption. It is sayonara for them. common knowledge that even a small increase in property offences in a place results into a One does not even ponder over the fact that huge uproar, questions in the assembly, calling for acquiring illegal wealth, such ‘Noble’ souls of explanations from the police and rolling of have to commit a number of serious crimes like heads, though the total loss may not be more criminal misappropriation, criminal breach of trust, frauds, perjury, cheating, forgery, offences than a few lakhs, and all the offences may have under Corruption Act, conspiracy, tax violations been committed by a few gangs for beating of various kinds, like stamp duties, income tax, hunger and sickness in their families. Moreover, sometimes Customs Act, so on and so forth. It is it is the experience of any Police Officer that, not a hyperbole to say that the nouveau nobles are given a chance of honourable livelihood, most of the most dangerous criminals, living as parasites these criminals, barring a few recidivists, would on public money and aiming for EI Dorado all not indulge in these shameless acts. Yet, for the for themselves. If we are to follow the laws of the society, they are criminals. USA, these persons would get such a cumulative As against these crimes committed due to dire punishment that they would never come out of needs, we find a surprisingly large section of the jail in their lifetime. But, in our country, befitting society, driven by avarice, adopting foul means the dangerous dichotomy, a number of such for easy money through the abuse of power and nobles, who should have been found secure in authority vested with them. Quietly, a public the confines of jails, are enjoying the security of servant may work out a kickback of some crores black cats at a great public expense. of rupees in one single deal by colluding with Voluntary Vigilantism v. Winking Vigil a contractor. Or, he may simply extort in every single case and accumulate his collections. Further, there is a glaring discriminative justice He may also take his fixed percentage of bribe by the society. If a poor man, mostly due to in every developmental work. The loss to the compulsions of hunger and squalling poverty country in terms of development is unimaginable. and sickness at home, is caught committing a Corruption intervenes in investment, both foreign petty crime, he may be meted out the roughest and domestic, and hampers our efforts to be a treatment by the very same person who loots the global economic power. Yet, we do not mind. treasury silently. Even though the loss is petty, he can incite the mob for giving the criminal a Furthermore, the dichotomy in treating the lynch-justice. “corrupt” as ‘Nobles’, tragically, confuses young

July - September, 2011 85 The Indian Police Journal minds. They do not realize that no honest public Reforms Committee had been appointed to find out servant can ever construct multi-crore complexes, ways and means to eliminate administrative delays and that such vulgar display of wealth is only a and other factors, which lead to corrupt practices. disgraceful manifestation of the extent of infection of Finally, in the year 1964, Anti-Corruption Laws corruption, shameless swindling of public wealth, (Amendment) Act was passed, which considered and the number of crimes he had committed, overcoming the shortcomings in: though unpunished, during his career. He is only l exposing his salacious sagacity in building his Prevention of Corruption Act 1947; ephemeral empire which, in all certainty, will end l The Criminal Law Amendment Act 1952; up in litigations among his progeny. l The IPC, 1860; They commit crimes against the society. Yet, they are not antisocial! They swindle the wealth of l The Code of Criminal Procedure, 1898; the nation and may endanger the security of the l Delhi Special Police Establishment Act, country. Yet, they are not antinational! For the 1946; and society, they are honourable gentlemen! They are the nouveau nobles! l Criminal Law Amendment Ordinance 1944, in order to make them more effective and to This disgraceful dichotomy of discriminative ensure more speedy trial of cases. treatment by the precocious society eludes a fair explanation. This enactment was followed by two more amending Acts: Efforts Galore (i) Criminal Law (Amendment) Act, 1966 and Government is not devoid of concerned and conscientious people. Indeed, for a tangible (ii) Anti-Corruption Laws (Amendment) Act, flight against this menace, serious efforts have 1967. been repeatedly made, almost once in every two The high-profile agency of CBI also took shape in decades. During the Second World War period, this laborious exercise. when some cases of amassing wealth through ill-gotten means were detected, a Criminal Law Disillusionment & Hurdles Ordinance, 1944, was promulgated to attach such Though, all these efforts set the systems in motion wealth and also to declare illegal the transactions and created machineries and mechanisms to of transfers of such wealth. Delhi Special Police mount a counter-attack on corruption that was Establishment came into existence as an enforcing already brimming with confidence over its agency. In the same breath, the Prevention of successful penetrations, another two decades were Corruption Act was enacted in 1947. more than adequate for the fighting machinery to However, all the initial efforts drew a blank, and get completely overwhelmed with the deluge of by the time of the China War, corruption among corruption. There was total disillusionment and it the political class had reached an alarming level was realized that social and political conditions (as per the standards of the day!), compelling the of India had undergone a considerable change Government of India to appoint a Committee from bad to worse and the menace of corruption under K. Santhanam, MP, for suggesting ways and bribery was uncontrollable. The laws and the and means to tackle it. In addition to various machineries were lagging behind when the virus suggestions, the Committee emphatically was forging ahead in its new forms and mutations, recommended amendment to the definition of the with a more vigorous penetrating power. There expression “Public Servant” in Section 21 of the were no speedy trials for teaching the ‘corrupt’ Indian Penal Code so as to include Ministers and strong lessons, and instead, the judicial drags Parliamentary Secretaries and also said, “Next to came up as a heavy hurdle. Therefore, the the Ministers, the integrity of MPs and MLAs will Prevention of Corruption Act, 1988, was enacted be a great factor in creating a favourable social with all the best of intentions and abilities of the climate against corruption...” Legislators. In furtherance of the recommendations of Various vigilance machineries of the Central the Santhanam Committee, the Prevention of Government and its agencies, and the Corruption Act, the IPC, the Cr.P.C. and other Vigilance and Anti-Corruption Agencies of State related Acts were amended. The Administrative Governments and their agencies, had already

86 July - September, 2011 The Indian Police Journal been created from time to time. Finally, the Licence Raj & Committed Bureauerany Central Vigilance Commission (CVC) was also established as a statutory authority. They have all All those who are familiar with the administrative been trying their hands in this mighty war, but history of the country, vouchsafe for the fact that, with only occasional successes in a few cases, in the severe downhill slide of probity, the onset and prominently unsuccessful in causing any of emergency was the landmark year. The concept major dent to the malicious systems. of bureaucracy as ‘committed’ to the Government and not to the Constitution emerged, dividing Any Redemption? them into “my officer”, and “his officer” by the powers-that-be. There has also been a great Unfortunately, the laws and the machineries have awakening among the political class about their own proved to be a mismatch in the fight against this powers and their potential in making quick riches pernicious virus. All their efforts were stultified with strong allegiance of ‘committed’ bureaucracy. and stymied by the virus that has replicated from The Licence Raj and the ‘committed’ bureaucracy over the years, penetrating all the vital organs of set the new culture of corruption in motion. As the body of the Government, leaving honesty a a result, in place of a cathartic ‘change’ foreseen little space. Originally, Section 5, the premier part by Santhanam, corruption has only catalysed the of the P.C. Act of 1947, was intended only for a proliferation of ‘committed’ bureaucrats. period of ‘three years’, with the optimistic belief that corruption could be controlled within that Further, with the ‘weapons of mass destruction’ period. But, with the feeble attempts not resulting of transfers, and victimization, dangerously in any success, it was substituted with the words dangled and unscrupulously employed by those ‘five years’ in 1950, and again, with the words ‘ten in authority, truly honest bureaucrats have years’ in 1952. Ultimately, when the realization of become an endangered category. And, with the the real monstrous potential of the fast-spreading powers of the executive usuriously usurped by disease dawned on the policy-makers, the Section the policy-makers, subtly slashing initially and had to be made permanent in 1957, with a crudely crushing in course of time, the erectile fight-to-finish strategy. But it was found that, like strength of the steel of bureaucracy has eroded the job reservation policy, ten years of persistent to give place to the might of malleability. Thus, efforts and even the subsequent steadfast bureaucrat guiding the political authority in campaigns still did not produce any results. By following the rules for governance is a thing of the sixties, the situation was considered to be the past; diktats of the political authority now very grave warranting new solutions again. act as determinants of the matrix of governance. As a consequence, evaporation of the Rule of However, after a thorough assessment, while Law has steadily become an effervescent reality recommending various measures, Santhanam and the constitutionally- created institution of came out with a really redeeming declaration that the Executive has only become a precarious most of the bureaucracy was not at all corrupt, and precipice. A new order has emerged, in which that they would certainly be able to take care of political and bureaucratic corruptions have the few corrupt elements among the politicians. become complementary to each other. Many Parliament obliged by taking action on the scandals have surfaced. And, quite many have recommendations of Santhanam Committee. But, never seen the light of the day. in the course of time, even these efforts also belied the expectations and the onslaught of corruption, Election & Corruption became much more virulent, prompting Rajiv Gandhi to remark in the eighties that not Though the reasons are many, perhaps, expensive even fifteen paise per rupee were reaching the elections are one of the real causes ·of political defined place of development. Thus, after another corruption, The corporate sector has had a big quarter of a century, the country was compelled role in this regard; yet, it is the criminalization of to enact a more potent Act in the present form in politics that has totally exacerbated the situation, 1988. since criminalization and corruption are intricately intertwined. Undoubtedly, with the induction of Another two decades have passed by and yet, criminals into the system, corruption has become the results are still eluding the society. The Act the norm in governance by decimating the is systematically being made impotent by the glorious values and allegiance to law prescribed Omnipotent, and now Omnipresent, Nobles. by the Constitution.

July - September, 2011 87 The Indian Police Journal While people launder illegal money with the aid a decline in the CPI. By 2002, we were placed at of layering systems, criminals launder themselves 71 in the list of 102 countries, compared to the with the aid of politics. Finding it an authentic rank of 69 out of 90 in the previous survey. Even route to respectability, criminals and cronies the CPI score (in a scale of 10) came down from are joining the jay-walk in droves. In addition, 2.8 in the previous survey to 2.7 in 2002. in connivance with those in power, touts and As regards those responsible for the state of affairs, henchmen create extra centres of power for Peter Eigen, the then Chairman of TI said, “Corrupt collective looting and collective sharing. The politics elites in the developing world working marshy mangroves of criminals have, thus, hand-in-hand with greedy business people and proliferated in the governing systems. This dangerous degeneration has been emphatically unscrupulous investors, are putting private gain exposed when the nexus between the corrupt before the welfare of citizens and the economic politicians, bureaucracy, businessmen and the development of their countries.” Regarding the criminals was clearly brought out in the Hawala disastrous consequences, the then Vice-Chairman scam and the Vohra Committee report. Tunku Abdul Aziz said, “Corruption continues to deny the poor, the marginalized, and the least After all, a corrupt public servant is also a educated members of every society the social, criminal. With both the junior and senior public economic and political benefits that should servants drawing their immunity and protection properly accrue to them, and benefits that are from the same source of power, everyone turns a taken for granted in societies that have managed Nelson’s eye towards the other wrongdoer. The to shake off the yoke of corruption.” moral authority to curb corruption thus waning, they close ranks and tacitly agree for collective Though, these remarks aptly apply to lndia as looting. Percentages are fixed as commissions well, we are notoriously nonchalant, and have as per the rank and role of an employee, like no inclination or pride in emulating the good in the engineering Sections. Perhaps, for them, practices in the countries with a CPl score of such collective action is a new culture and a new higher than 9, like Finland (9.7), Denmark (9.5), order, not a crime. New Zealand (9.5), Iceland (9.4), Singapore (9.3) and Sweden (9.3). ln the latest ranking of 86 out Further, even though the Heads of Departments of 180 countries, we only take solace in the fact are primarily accountable for controlling that there are about 100 other countries which delinquencies within their departments, they are worse in the ratings. weirdly watch the degeneration and Ioot, either due to complicity or cowardice. Their eerie Not surprisingly, the Hon’ble Prime Minister’s silence is mysterious. Even if criminal cases are call for “Zero Tolerance” of corruption had no made in dozens, no action is taken against the takers even among the Chief Ministers of States HoD and the charge of vicarious responsibility is ruled by the same political party, whereas the only invoked for selective victimization. “zero size” target of Bollywood queen Kareena Kapoor may have a million followers. Under these circumstances, the invasion of corruption is far and wide, and deep, as can It needs real vigorous efforts. But, in place of a now be gauged with the yardstick of the ratings positive corrective action, we find only mercenary of Transparency International, the Berlin-based machinations of many Governments in making International NGO. Their Corruption Perception their machineries of anti-corruption and vigilance Index (CPI) of 1998 ranked India at 66 in the list either toothless or using them as tools to browbeat of 85 countries. those who oppose their diktats. Postings in these agencies are converted as PAPs (posting at a No Redemption in Sight premium), depriving the systems of the moral In spite of all the efforts there is no redemption. authority to enforce the law of anti-corruption. In the wake of the announcement of the Hon’ble They only promote the principle of selective Prime Minister for “Zero Tolerance” of corruption amnesia and impartial actions are never solicited. in 1999, N. Vittal, the then CVC, in all sincerity, Even in our wildest dreams, we cannot think of set a goal for him to see that before he handed a situation in our country like that in the USA, over charge on September 2, 2000, India’s rank where Obama invited a small provincial officer improved to at least 40, if not 30. However, all his Sgt Crowley to the White House for beer, by calling efforts were in vain since instead, there was only as outstanding officer, when the Police Officer

88 July - September, 2011 The Indian Police Journal had publicly accused the President of being “way first in the list. When Tehelka.com opened up off base” in calling the police action as “stupid” a new vista in March, 2001 with its Operation in the episode of a Harvard Professor. Objective Westend, it created quite a sensation. This commitment to law in our country is a rarity. exposure of potential corruption in an important field like defence purchases, shocked the people, On the contrary, the corrupt within the and rattled the political class. Now, in the BMW Government are extremely powerful and can case, the Supreme Court, while upholding the even meddle with law-making itself. Before the judgement of Delhi High Court convicting the P.C. Act, 1988, came up for enactment, the Counsel for Contempt of Court, appreciated that “Single Directive” was first subtly introduced through an administrative measure, so that the NDTV telecast had rendered valuable service no action could be initiated against senior to the important public cause of protecting and Government servants, without prior approval of salvaging the purity of course of justice, and the concerned Ministry. A gaping hole was thus exposed the conspiracy to undermine the BMW created as an escape route for the “committed” trial. Capturing incriminating evidence and bureaucrats. When the Supreme Court decided exposing the corrupt is the plain lesson. against the “Single Directive” in the PIL in Vineet When technology provides various means to Narain’s Case, it was again firmly embedded capture concrete evidence to prove the guilt of in the CVC Act through enactment. Vexatious the accused with great certainty, anti-corruption and malicious prosecutions, no doubt, need to agencies need to utilize its benefit to the fullest, be curbed, particularly against those who are particularly when there are constraints in vulnerable in decision-making. But, at the same enhancing manpower resources and their skills time, there should not be any undue protection and commitments. Since Delhi is a corruption- for the corrupt. ridden State, within the meagre resources Similarly, corrupt people with clouts take refuge in available, some measures have been initiated in the subterfuges carefully knit into the systems. One the recent past by the ACB. Technology was put glaring subterfuge is the sanction for prosecution to considerable use. required under the Prevention of Corruption Initially, in order to ward off motivated complaints Act. It is beyond anyone’s comprehension why in trap cases, voice-recording with the help of such a sanction is needed in case of somebody, mobile phones was introduced in the beginning who is caught red-handed while taking bribe, or of 2008. Only after a convincing recording when he accumulates wealth disproportionate to about the demand, etc. was available, traps were his known sources of income. Such crimes are organized. This introduction of audio, and later, committed in his individual capacity and not in video-recordings, in the course of time, became the official discharge of his duties. Moreover, a revolutionary measure. In all traps, and other when the concerned agencies act on the evidence cases, it served many a purpose: collected, the question of malicious or vexatious prosecution also does not arise. The systems are l Motivated cases are prevented. indeed so designed. l Evidence of demand and acceptance, even intimidation and extortion, are available Thus, the simple sum up is that the genome of recalcitrant corruption remained intact and the through their conversations. anticipated ‘change’ has not come about. Focus l Evidence of bribe already paid under on punishment as a method has not produced the compulsion is retrieved through further desired effect. Focus on preventive vigilance and conversations. transparency also has not brought out the desired l Gang operation becomes visible. change. Pledges and publicity have not added a wee bit to the conscience of the corrupt. CPI has l Even on ‘demand’ we can make cases. only deteriorated. And, there is no redemption so l Using of the subordinates as linkmen or far. Perhaps, a pragmatic proactive approach may conduits by senior officers is evident. be the answer. l Frauds committed in conspiracy with private A Pragmatic Approach persons are clearly brought forth. In our search for new alternatives in this war, Over 50 cases have been registered with the help the path-breaking approach of Tehelka comes of the complainants and use of secret audio and

July - September, 2011 89 The Indian Police Journal video equipments, and more frequently, mobile an amount for removing the rubble from phones. Each case was worked out with a different the construction site from the private party. script suiting the particular situation and gradually The entire modus operandi was captured a new specialization of scriptwriting evolved. A in the recordings and in our raids bogus few examples are cited below to highlight the documents were seized. The concerned exposure of different modus operandi of the engineers and beldars as well as the private corrupt operators. contractor, who all colluded in the fraud, Frauds were booked. Some corrective measures were later initiated by the MCD. l Licensing fraud in Transport Department l Social Welfare Department: Funds allocated Touts and Motor Vehicle officers all over by the Government for running of various Delhi` have made a mockery of driving Homes were being systematically swindled tests being conducted for issuance of for decades by the officials and private licences. Secret video-recordings made over persons. The funds are meant for destitute a period of one month exposed the farce women, children, beggars, lepers and so of the tests. Vehicles moving at the most on. Constant endeavours by some NGOs two to three inches with driving instructors to reveal the frauds through complaints, accompanying in the same vehicle; coded RTI, etc. could not bring about any change. system of applications being handled by Even the PILs in the High Court that resulted touts and their nexus with officers; along in certain directives to the department with the approval and passing of bribes, ended up only with vanishing of records were all captured. Instead of the MV and changing of the modus operandi. The Inspector, it was his favourite tout, who was frauds had been in operation for decades conducting the farcical operation. In our and even involved senior officers like Joint raids, all the relevant documents along with Secretaries and others and crores of rupees the bogus entries, were seized. As many as were misappropriated fraudulently. The 12 persons, including the Motor Licensing administration was impervious. Based on Officer, policeman and touts were arrested various inputs from the NGOs and certain in the case. Our action and the attendant audio-recording conducted with their help, publicity compelled the Department to ACB could register three cases. The fraud adopt some transparent methods. was busted and it was found that virtually, l Desilting of drains in MCD: Annual a parallel Social Welfare Department was desilting of drains to prevent waterlogging being run by a private person from his in Delhi is an exercise involving crores of house, where the indents, notings, purchase rupees. The Municipal Corporation pays processes, quotations from reputed agencies the contractor based on the tonnage of silt like Kendriya Bhandar, comparative removed, transported and deposited at the statements, etc. were all fabricated to dumping site in the outskirts of the city. favour certain bogus suppliers by inflating Our secret video-recording established that the prices manifold. Generally, there were no desilting had been done, and instead no supplies, undersupplies or low-quality rubble, etc. from a nearby construction site supplies. Over a dozen accused, including was lifted on payment and deposited at the two Joint Secretaries, Superintendents, and designated dumping site in collusion with others were arrested with clinching evidence the Engineers of MCD. On one single night, and all the fabricated records and recording as many as 41 trucks loaded with rubble systems were seized from the private person. were moved from a nearby construction This action of ACB, and extensive publicity site and deposited at the dumping yard. The antagonized many Government officials, engineers at the weighbridges fraudulently since the Government was compelled to showed in their computer records the replace the decades-old fraudulent systems quantum of slit brought by these trucks from with relatively better methods. the contracted drains. Thus, the contractor was entitled for payment for the silt as well Cases registered purely on demand of Bribe as the transportation charges for 25 km per l Municipal Corporation of Delhi: In a truck. Of course he was already drawing case of de-sealing of premises, a Deputy

90 July - September, 2011 The Indian Police Journal Commissioner of MCD demanded Rs. 2 giving a favourable report in the Civil Court. crore by using his Assistant Engineer as The video- and audio-recordings indicated the middleman. Even though the Supreme how this pack of wolfs prowled together Court’s monitoring committee issued de- to intimidate a common man. They were sealing orders, the officials of MCD did not caught red-handed accepting the bribe. relent. After proper evidence was collected Retrieval of Evidence of Bribe already paid about the demand, the conspiracy and the official favour that could be done, etc. l Case against policemen in Crime against through various recordings, the officials Women Cell (CAW Cell): In a complaint of were arrested in the case. dowry harassment, a bribe of Rs. 15,000/- was already accepted from a person by Seniors using the Subordinates applying all kinds of duress on him and l Engineers of MCD: Secret audio-recordings his family. But, when there was a demand conducted with the help of the complainant of another Rs. 10,000/- from the poor man contractor clearly revealed the demand of with the threat that his two children aged 10 bribe on the part of the Assistant Engineer and 12 would also be implicated in the case for clearing his bills. Similarly, the recording of dowry harassment, he approached ACB with the Executive Engineer, who was the full of tension and tears. A proper script was authority to clear bills, revealed the nexus given to him, so that he could enter into of both the officers and also, interestingly, dialogues with the officer and others, who about the coded language used for the bribe were all involved in the matter. The audio- to be paid. The coded sentence: “Have you recordings made were full of evidence. The started the work?” means whether the bribe culprits shamelessly spoke about the money was already paid or not. Both the Engineers already accepted, the way it was shared were arrested when the Assistant Engineer among themselves, and the requirement accepted Rs. 50,000/- as initial payment on of further money. A trap was laid and all behalf of both of them. the three officials, including a lady Head Constable who had originally brokered the l SHO of Sarita Vihar: Audio-recordings deal, were caught. clearly revealed that a Beat Constable and a Head Constable demanded Rs. 10,000/- from l Case against the Special Staff of North- a poor man living in a jhuggi for his action West District: A case of silver stolen from of pruning a tree, threatening that a case a jeweller in another district was handled would be registered for illegal felling and by them when they stumbled upon a gang. also that they were even paid Rs. 30,000/- A number of persons were arrested. But, in earlier by another party in a similar case. the process, some real culprits were let off The conversations recorded linked up the and a few other jewellers were nabbed and share for the SHO also. The role of the SHO after taking substantial amounts of bribes, was later confirmed in a separate recording some were kept out of the case, while with him. All of them were arrested after a the others were implicated. Apart from trap was laid in which the beat police was demanding and accepting huge amounts caught red-handed, accepting the bribe. The of bribe, a substantial portion of the sliver conspiracy was very clearly evident. was swallowed. The recordings done from time to time revealed the roles of a number Gang Operation of Police Officers, including the ACP, with l Slum and JJ Department: In a simple civil regard to raids conduced, amounts illegally dispute about a common wall involving two collected and false recovery shown from neighbours, the JJ Department was also a places that were not even visited, etc. The party for providing their comments to the recordings clearly indicated the amounts of court. The Kanungo, who was incharge of bribes demanded and accepted overnight on the area, went to the defendant’s house the first day and subsequent days, and also along with three other Kanungos/Patwaris, regarding the illegal detention and torture who had no jurisdiction over this area, to of persons over long periods. The intention overawe the defendant and his family with of the officers was not bonafide, as revealed their authority, and demanded a bribe for from various recordings.

July - September, 2011 91 The Indian Police Journal Conspiracy with Private Parties, payments, various kinds of harassments were Advocates, etc. meted out and goods were confiscated only to be released later on higher premiums. l Crime Branch Inspector: A high-profile With very clear evidences available against Crime Branch Inspector of Deihl Police was 17 persons, all of them were arrested the arrested along with a Senior Advocate and same day in a single operation. The arrests other two policemen in a case of conspiracy, and the extensive Media coverage created a demand and acceptance of bribe. An amount very high impact in the State and the NDMC of Rs. 26 lakh passed hands and it was the Administration was rattled. Advocate, who was the Police Counsel for many years, who acted as the conduit l Traffic Police: Three-wheelers from U.P. for the Inspector. The conversations were are allowed to ply in Delhi very freely on a recorded in video- and audio-recordings monthly payment of good amount of bribes. with the help of the complainant, whose The local auto-rickshaws are, however, father was arrested in a murder case by challaned for petty offences and regular the same Inspector, allegedly on framed demands are made by the police. A number charges. It was for helping him in the matter of touts operate on behalf of the police. of bail and in diluting the charge-sheet that With the help of a complainant, video- the illegal gratification was involved. All and audio-recordings were made over a these accused spent considerable time in period of almost a month and the racket of jail after their arrest by ACB. institutionalized corruption was exposed. As many as 5 policemen and others were l Case of Sangam Vihar PS: A Journalist was arrested. acting as a tout for the Sub-Inspector of a A Glimpse of the Underworld of Chowki and his staff. With the help of the Corruption complainant, who was doing a legal business of scrap from a steel firm, audio-recordings Some parts of the transcripts of conversations were done to establish the Iink between the of the accused persons in a few cases noted Journalist, the SI and his subordinates. There below provide us a glimpse of the underworld was a clear demand for a lump sum payment of corruption. But, for the use of technology, it of Rs. 75,000/- and also for a monthly would have been well-nigh impossible to collect of Rs. 4,000/-. Since the complainant’s such irrefutable evidences. premises were under seize by the policemen, Case of Crime Branch he had no option but to make an initial payment of Rs. 60,000/- to the SI and another Inspector: “... because of this reason I have Rs. 20,000/- for the staff. The recordings helped you much more than what is required and helped us in retrieving the facts of earlier which cannot be done by others even if you pay payments, which were made under rupees fifty lakh. And, you have paid only a very duress. They were caught red-handed nominal amount.” “Wherever I have to support while accepting the balance amount of you, I would be keeping quiet in the court.” Rs. 15,000/-. Case of Sangam Vihar Institutionalized Corruption Journalist to SI: “Sir, should I pay the amount to l Case in New DeIhl Municipal Corporation Anil (Ct), and would there be no problem?” SI (NDMC): The help of the complainant, says that there would be no problem. who was running a small eatery along with Complainant to Journalist: “Sir, I do not have his regular floral business, was taken to more than Rs. 60,000/- with me. Please manage conduct over 30 recordings over a period with this amount since I cannot produce anymore. of one month. About 20 persons were the Don’t pressurize me further.” The Journalist says, subjects of the video- and audio-recordings. “No, since the SI agreed only for one lakh he They included officials of Police, Labour would not take anything less.” And, he further Department, Health, Sanitation, Water adds, “Tell me when you will pay the balance Supply, Enforcement of NDMC, etc, who amount? Is it tomorrow, or the day after? Be sure.” were demanding and accepting their SI, who was present, advised the complainant, monthly illegal gratifications. Failing such “OK, pay it day after tomorrow.”

92 July - September, 2011 The Indian Police Journal Engineers’ Case One Constable (in the presence of another Constable) tells the complainant: “Pay us first, Complaint to AE: “I will make your payment by then pay the SHO and afterwards pay the Division taking some loan; as of now I have some amount Officer. Lastly, you can pay the Head Constable. and you may take it.” The AE, while refusing One can run the shop only this way.” to take the money, comments: “This is only a change, keep it with you.” He adds, “You bring Assistant Labour Commissioner refused to take the total amount along with the previous balance Rs. 500, and says: “No. Keep it with you. What of Rs. 40,000/-.” can I do with this money? Forget about it. Even a Chaprasi would not take this petty amount.” Complainant with EE: “Sir, AE was suggesting that I could pay your share also through him.” Case against the Special Staff of NW district The EE then tells the complainant, “You start the Head Constable to the complainant (brother work first and then talk to me.” (Records prove of arrested person): “Have you brought the full that there was no work pending to be started, and amount.” The complainant says, “No, I have the complainant confirms that to start the work made arrangement for Rs. 1.25 lakh and am trying means to make the payment of bribe before the to arrange the remaining seventy-five thousand cheque is formally cleared for payment.) rupees.” Case of Transport Department When he confirmed that he was carrying only Constable narrates his conversation with the rupees ten thousand with him at that time, the SHO, who posted him for the Transport Beat. He HC responds, “This ten thousand was brought for says: “I told him that I paid him lakhs of rupees. what purpose? There was no need to bring this When he asked for details, I explained that I paid ten thousand. Sahab will object to it and others him for nineteen months @ Rs. 40,000/-, thus in will also object to it... As I told you bring the total all rupees eight lakh.” amount or at least bring 1.25 lakh (what you have arranged). The rate for clearance of a licence was enhanced from Rs. 200/- to Rs. 500/-. The touts plead with ACP: “...When this person (brother of the the main tout, who works for the Inspector and complainant) was brought here, the silver was not conducts the tests, etc., “We have learnt that the with him.... This man had to be illegally kept for Inspector is taking Rs. 200/- from some touts, four days with us since the other accused arrested whereas you are collecting Rs. 500/- from us.” were already handed over to the PS”... “This two The main tout replies that he himself was paying lakh seventy thousand, which you are mentioning Rs. 500/- per case since the Inspector would not is like this, two lakh were taken first. Later, discriminate in collecting money. He also says, Rs. 50,000/- was taken in my name. Twenty “Since the MLO does not reduce the amount, the thousand more were taken separately.” Inspector also cannot.... It is the MLO, who gets Case against Dy. Commissioner of MCD the major share.” Complainant to the DC in the ante-room of his NDMC case office: “You are like my younger brother.” One Enforcement Inspector ‘X’ of NDMC is a very DC: “Yes, I am like your younger brother. I told well connected and powerful officer. Another him (AE) to be reasonable in doing your work. Inspector speaks to the complainant: “Do the Sit with him for a couple of minutes and work It work of ‘X’ first.” When the complainant said, out.” As soon as the DC leaves this ante-room, “I paid the amount only on 10th of this month... the AE enters with a briefing from the DC. it was of last month”, he was advised to make Complainant: “How much should be paid payment to ‘X’ for the current month within a day initially.” or two. The complainant was alerted that in case of any message from ‘X’, no one would be able to AE: “If you have to get your work done, there is help him. Therefore, “do his work first”. nothing like initial or final. Whatever is the settled amount, it has to be paid.” The inspector ‘X’ to the complainant: “For this month, make the payment on Monday and later, Prior to this, a number of conversations took I will let you know through whom to make the place in which a clear demand was made for payment in future.” Rs. 2 crore for de-sealing, at the rate of Rs. 1 crore

July - September, 2011 93 The Indian Police Journal per motel, and attempts were made to scale down l The accuracy of a tape-recorded statement from this demand over a period. Subsequently, has to be proved by the maker of the with the guidance of ACB, the officials were record by satisfactory evidence, direct or confronted with all these conversations again circumstantial. and they had agreed about these developments, l which were captured in proper audio-recordings. Every possibility of tampering with or erasure Thus, the incriminating conversations, which of a part of a tape-recorded statement must were not recorded earlier, were retrieved in the be ruled out, otherwise it may render the subsequent recordings. said statement out of context and, therefore, inadmissible. New Methods in conformity with Law l The statement must be relevant according to It is now certain that use of technology is the rules of the Evidence Act. inevitable in order to prove a case of conspiracy, demand and acceptance, intimidation, extortion, l The recorded cassette must be carefully gang operations, etc. Courts have also endorsed sealed, and kept in safe or official custody. their appreciation of our efforts by invariably l The voice of the speaker should be clearly rejecting bails of accused persons based on the audible and not lost or distorted by other convincing CDs and transcripts produced by us. sounds or disturbance. There is no ambivalence about the admissibility of the evidence so collected. Regarding identification of the taped voice, the court’s directions are that proper identification of The Apex Court in Ziyauddin Burhanuddin such voice is a sine qua non for the use of such Bukhari v. Brijmohan Ramdas Mehta, AIR tape recording. Therefore, the time and place 1975 SC 1788 case clearly laid down that tape- and accuracy of the recording must be proved recorded speeches were “documents as defined by a competent witness and the voice must be by Section 3 of Evidence Act”, which stood on no properly identified (Yusufalli Esmail Nagree). different footing than photograph. Tape-recorded conversation is nothing but information stored on Keeping in view the legal guidelines, over a a magnetic Media. period of one year, experience was gained and expertise developed to provide the most In the same case, the Apex Court considered the appropriate script to the complainant, to elicit value and use of transcripts recorded there at and record the most required evidence from the the time of transcription and the evidence of the makers of transcripts as certainly corroborative, accused persons, which would meet the needs of because it goes to confirm what the tape-record trial at a later stage. Further, new methods were contained. The court also made it clear that such evolved to strengthen the evidence collected. The transcripts can be used by a witness to refresh CD is played before the accused and Panchas, his memory under Section 159 of the Evidence and the conduct of the accused is recorded in a Act and their contents can be brought on record Panchnama. Usually, the accused is tense and by direct oral evidence in the manner prescribed repents for his actions. Similarly, the voice in the by Section 160 of the Evidence Act. Thus, the CD is got identified with the help of officials, who importance of having a transcript of the tape- are in regular touch with the accused. As far as recorded conversation cannot be underestimated. possible, video-recordings of the proceedings of The same ensures that the recording is not the Panchnamas are made. Statements of Panchas tampered with subsequently. are the additional evidences in the case. FSL opinion is sought in all cases to ascertain that the As for admissibility of such evidence, conditions CD was not tampered with or doctored, and also were laid by the Apex Court in the case of Ram for voice identification with the samples taken Singh v. Col. Ram Singh, AIR 1986 SC3, as by them. The process of investigation has been under: simplified, since most of the required evidence is l The voice of the speaker must be duly collected even before registration of the FIR. identified by the maker of the record or by Success of our Mission others, who recognize his voice. Where the maker has denied the voice, it will require Success in ACB case depends on the quality very strict proof to determine whether or not of evidence collected, and the utmost secrecy it was really the voice of the speaker. maintained till the time of registration and raids.

94 July - September, 2011 The Indian Police Journal Use of technology for recordings gave us ample decades of complacent, corruption was rattled time for collection of adequate evidence before and the systems were shaken. The fear of certainty a case was registered. Further, since we adopted of possible punishment in view of innovative a method in which only the complainant and recordings, coupled with the intense publicity senior officers are privy to the matter until the causing a social stigma, worked out as the best FIR is registered, there is no chance of any method of treating deterrence. The credibility leakage and the case is invariably successful. of ACB as an honest professional organization The evidence collected is so indisputably strong has etched in the minds of the public. While that the prosecution and ACB are very confident the honest people were rejoicing, the patrons of of the results of trial, when they are concluded. corruption were placed in a piquant situation, We only wish the trials are much faster, so that and for all the corrupt public servants, ACB was there is relief from this ordeal for the prosecuting no longer a nursing nanny, but turned out to be a agency, the victim, society, as well as for the nasty nightmare. accused. The rating for good governance soured high A series of cases successfully registered in a range for the Government. However, the corrupt of notoriously corrupt departments, like the cases segments and lobbies of such officials in the of Transport Department, MCD desilting fraud, administration were the most worried lot, and as SHOs, Crime Branch Inspector and Advocate, expected, they finally succeeded in bringing curbs 17 persons of NDMC, Deputy Commissioners, on Press interactions and publicity to prevent scores of Engineers, Policemen, cases of Social exposure of the culprits. In order to kill the spirit Welfare Department, etc., resulting in the arrest of proactivity, they also ensured that no resources of gangs of officials, particularly senior officers were provided to ACB, being aware that sustained and their cronies, in each case in one go, created activity is not possible without Government enormous impact in these departments as well as in the public. support. There were adverse comments of some helpless (“committed”) officials in the Like the mythical Brahmastra, which is employed administration that the work of ACB was only a only against a leader and not against the foot publicity stunt. But, it was common knowledge soldier, the meagre resources of ACB were that the contribution of ACB was due to a genuine targeted against the seniors and gangs for causing effort with a missionary zeal against many odds the maximum impact. Reduction of lower-level and hurdles. The spirit of the officers, however, corruption was only an attendant consequence. remained undaunted. “When I’m not thanked at Thus, we could replace the system of sustenance all, I am thanked enough; I’ve done my duty and on surrogate statistics with reliance on regal I’ve done no more”, said Henry Fielding. One impact. has to agree. Judiciary as well as the Print and Electronic Media played a great role In support of the campaign. While the Judiciary was absolutely firm in rejecting bails, the Media gave extensive coverage. Transcripts and, at times, video- clippings were published/telecast with the objective of creating maximum awareness and deterrence. Since the material available in the recordings and incorporated in the FIR and sent to the court was very strong provable evidence about the certainty of the involvement of the accused, and since no false cases were possible in such a mechanism, the entire Media took up the cause with great zeal and commitment. If one has to wait for the final conviction for giving publicity, the impact would never be felt. It was reported that for the first time, the presence of ACB, Delhi, was strongly felt and that over five

July - September, 2011 95 The Indian Police Journal Conclusion officers with proven traits of innovation, integrity and proactivity. PAPs have to stop. Trials should Ads and Notices against giving/taking bribes be virtually instant. exhibited on premises of Government offices and the annual ritual of billboard signs and bumper It goes without saying that the community’s help is stickers that read “Anti-Corruption Week” will indispensable in the fight against corruption. But, not suffice. Pledges do not change mindsets. The they will participate in the task wholeheartedly insignificant results achieved so far have exposed without any inhibitions only when adequate faith the total inadequacy of various methods available is instilled in them. It is our experience in Delhi with the different agencies dealing with prevention that sincere and genuine proactive efforts were of corruption. Tehelka exposure has only fully endorsed by all cross-sections of people, reiterated it. since they found a breather and relief for the first time. We need to learn a lesson from the systems in the village councils in tribal areas like The adage of Edmond Burke, “The one thing Arunachal Pradesh, which impose punishments necessary to the triumph of evil is that good for various offences as per their customary men do nothing” applies to the good men in laws. There the punishment is prompt and is the Government, Media, Judiciary and Society. considered as a social stigma. In social life To drive the droves of criminals away from too, the culprit is debarred from participation governance, good men have to join in larger in some rites and rituals. The miserable life led droves in the movement. The Nation awaits the by him works as the biggest deterrence for the ‘anti-corruption brigade’, as a sincere citizen puts other. it. It is urgent, since seven decades is too long a period in this combat. Therefore, apart from the methods already in place, it is the proactive element with the use Otherwise, corruption will demolish the of technology; and the bitter medicine of social confidence of the few unpolluted individuals and quarantining and constant exposure of the the society will eventually have to pay the penalty. corrupt, that is essential to bring relief to the Plato said perfectly, “The penalty for wise men, silently suffering public. The agencies of ACBs, who fail to participate in the Government, is to Vigilance and CVC need to be filled up with live under the Government of unwise men.” 

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96 July - September, 2011 Notes for Contributors RNI No. 4607/57

Published By: The Bureau of Police Research & Development, Ministry of Home Affairs, Govt. of India, New Delhi and Printed at : Chandu Press, D-97, Shakarpur, Delhi-92 Ph.: 22526936