Legal Forensic Insight

Introduction It is a natural law that a person who is born must die one day. However, an act that intentionally leads to the death of an unborn or newborn child is a serious criminal offence. Such acts are not only legally punishable but also morally unacceptable. One of the major reasons behind such offences, especially in India, has been the preference for a male child. It is often believed that a male child will take care of parents in old age. This leads to the harsh reality where, despite worshipping goddesses, female children are sometimes killed before or immediately after birth. Offences Against Newborn and Unborn Children Under the Bharatiya Nyaya Sanhita, 2023, provisions relating to unborn and newborn children are largely derived from earlier IPC Sections 312–318. These offences include: ● Causing miscarriage ● Miscarriage without consent ● Death caused by miscarriage ● Injury to unborn child ● Exposure and abandonment of infant ● Concealment of birth 1. Causing Miscarriage ...

Introduction Kidnapping refers to the act of taking away a person, especially a minor, without lawful consent. It is a serious offence affecting personal liberty. Under the Bharatiya Nyaya Sanhita, 2023, provisions relating to kidnapping have been updated while retaining the core principles of the earlier Indian Penal Code, 1860. Meaning of Kidnapping Kidnapping is of two types: ● Kidnapping from India ● Kidnapping from lawful guardianship Kidnapping from Lawful Guardianship It means taking or enticing a minor or a person of unsound mind out of the keeping of a lawful guardian without consent. Essentials of Kidnapping ● The person must be a minor or of unsound mind ● The person must be taken away from lawful guardian ● The act must be without consent of the guardian ● Consent of minor is irrelevant Punishment for Kidnapping Under the Bharatiya Nyaya Sanhita, 2023: ● Imprisonment up to 7 years ● Fine may also be imposed Meaning of Abduction Abduction means compelling or inducing any per...

Introduction Punishment is the immediate consequence that follows a criminal act. It is imposed by the competent authority as a response to wrongdoing. In simple terms, punishment refers to the suffering, loss, or penalty inflicted on a person because of a crime committed. In the study of Criminology, punishment plays an important role in maintaining social order and preventing criminal behaviour. Over time, scholars have developed different theories to explain the purpose and function of punishment. Meaning of Punishment Punishment can be defined as a legal penalty imposed by the state on a person who has committed a crime. The primary objective of punishment is to maintain law and order in society and discourage individuals from committing offences. Different philosophers and jurists have proposed various explanations regarding why punishment is necessary and how it should be applied. Theories of Punishment The major theories of punishment are: 1. Deterrent Theory 2. Preventive Theor...

Introduction Crime is a social phenomenon that exists in every society. With the development of organized societies and legal systems, certain acts came to be recognized as crimes. Crime not only affects individuals but also disturbs the social order of society. Understanding the concept, causes, and prevention of crime is essential for maintaining law and order. Crime in Primitive Society In primitive societies, there was no organized state or king. Social control was informal and mainly based on customs, traditions, and group norms. Any act that violated these customs was considered wrong and was punished by the community. Natural Rights Theory The concept of natural rights was given by John Locke. According to him, every individual is born with certain natural rights. These rights include: 1. Right to life 2. Right to liberty 3. Right to property Violation of these rights later became the basis for defining crimes in organized societies. Early Laws – Code of Hammurabi One of the ear...

Introduction One cannot walk without leaving footprints or footwear impressions. Footprints are marks left through direct physical contact with the surface on which a person walks. These impressions may be two-dimensional or three-dimensional and represent the sole of the foot or footwear. They accurately reflect the design, size, and unique characteristics of footwear and therefore play a crucial role in forensic identification. Footprints are valuable forensic evidence, especially in crimes where proof of an individual's presence at the scene is incriminating. Information Provided by Footprints Footprints help investigators determine: 1. Number of suspects involved 2. Path taken through the scene 3. Involvement in the crime 4. Shoe type and size estimation 6. Point of entry or exit, often leading to other evidence Importance of Footwear Impressions Footwear impressions provide valuable information at the crime scene: 1. Identification of Footwear A specific item of footwear can b...

Introduction The cooperative movement in India refers to the voluntary association of individuals who come together to meet their common economic, social, and cultural needs through a jointly owned and democratically controlled enterprise. Cooperative societies play a crucial role in India’s development, particularly in agriculture, banking, and housing sectors. These societies mainly help poor, illiterate, and unskilled people by providing financial and social support. The cooperative movement has strengthened rural communities and increased participation in economic activities. It has also contributed to improving living standards and promoting democratic values in society. Objectives of Cooperative Societies The main objectives of cooperative societies are: 1. To sell products and services efficiently. 2. To eliminate the unnecessary profits of middlemen in trade and commerce. 3. To prevent exploitation of weaker sections of society. 4. To protect the rights of both producers and co...

Introduction Physical evidence plays a crucial role in criminal investigations. It provides objective information that helps investigators reconstruct events, identify suspects, and establish links between the victim, the suspect, and the crime scene. Proper classification of physical evidence is essential for effective collection, analysis, and interpretation in forensic science. Definition of Physical Evidence Physical evidence refers to any object, substance, or material that provides information relevant to a criminal investigation and can be scientifically tested to determine its origin or connection to a crime. It forms a vital bridge between the victim, the suspect, and the scene of crime. Purpose of Collection of Physical Evidence The main purpose of collecting physical evidence is to establish connections among the victim, suspect, and crime scene. Physical evidence helps investigators: ● Reconstruct the sequence of events ● Identify or eliminate suspects ● Support or refute w...

 Introduction Fingerprints are one of the most reliable forms of forensic evidence used in criminal investigations. Since every individual has unique fingerprints, their development and preservation are essential for identifying suspects and solving crimes. Various scientific methods are used to make latent (invisible) fingerprints visible on different surfaces. These methods are broadly classified into physical and chemical techniques. Key Points at a Glance • Fingerprint development is essential for crime investigation • Methods are classified into physical and chemical techniques • Choice of method depends on the surface type • Modern technology has improved accuracy in fingerprint detection Meaning of Fingerprint Development Fingerprint development refers to the process of making latent fingerprints visible so that they can be photographed, preserved, and analyzed. Latent prints are usually invisible to the naked eye and require special techniques to be detected. The selection ...

Introduction Fingerprint examination is one of the most reliable methods of personal identification in forensic science. The scientific study of fingerprints used to identify individuals is called dactyloscopy. Fingerprints are unique, permanent, and universal, making them a powerful tool in criminal investigations. Fundamental Principles of Fingerprints Fingerprint science is based on the following principles: 1. Individuality (Uniqueness):  No two individuals have identical fingerprints. Each fingerprint pattern is unique. 2. Permanence: Fingerprints develop in the womb around the third month and remain unchanged until death. 3. Persistence: Fingerprint ridge patterns remain stable throughout life. 4. Classifiability: Fingerprints can be systematically classified into different patterns for identification. 👉 A minimum of 8–9 matching points is generally required for fingerprint identification. Personal Identification through Fingerprints Fingerprint identification is widely used...

Introduction The concept of Burden of Proof is a fundamental principle of evidence law. Under the Bharatiya Sakshya Adhiniyam, 2023, the burden of proof determines which party is legally bound to prove a fact in court. In criminal as well as civil cases, the success or failure of a case largely depends upon the proper discharge of this burden. The law relating to burden of proof ensures fairness in trials and prevents arbitrary convictions. What is Burden of Proof? In simple terms, burden of proof means the obligation to prove a fact. It lies on the party who asserts the existence of a fact. If a person makes an allegation, that person must prove it. If he fails to do so, the court will not accept the claim. There are two essential aspects: 1. Burden of proof as a matter of law 2. Burden of proof as a matter of fact (onus probandi) General Principle of Burden of Proof The basic rule is: “He who asserts must prove.” In criminal cases, the prosecution carries the burden to prove the guil...

Introduction The principle embodied in Res Gestae is contained under Section 6 of the Bharatiya Sakshya Adhiniyam, 2023, which corresponds to Section 6 of the Indian Evidence Act, 1872. The term Res Gestae is derived from Latin, meaning “things done”. This doctrine forms an exception to the rule against hearsay evidence. Ordinarily, hearsay evidence is inadmissible; however, statements or acts that form part of the same transaction are admissible because they are considered spontaneous and closely connected with the main fact in issue. Meaning of Res Gestae Res Gestae includes those facts, declarations, or acts which are so intimately connected with the main occurrence that they form part of the same transaction. Such statements are admitted not because they are declarations, but because they are natural, spontaneous, and contemporaneous reactions to the event. Scope of Section 6 (BSA) According to Section 6, facts forming part of the same transaction are relevant, whether they occurre...