Law and Forensic Science

Law and Forensic Science Quiz Crafted by –

Adv. Advait U. Shukla

Advocate practicing at Bombay High Court

(B.Sc. Forensic science & L.L.B.) 

Mumbai, India.

Introduction to Law & Forensic Science 

Forensic science is an integrative subject combining several branches of learning used for inquiring crime scenes and collecting evidences to be used in the trial for prosecution of offenders in a court of law. 

Forensic expert provides an important source of information for criminal proceedings. They expertise from mass graves is no exception: findings from exhumations and examinations have featured in the ad hoc tribunals’ trials and judgments. The fact is that only a very few professionals are equipped with the knowledge necessary to fully apply the potential of science in civil, criminal, and family legal matters.

Here’s the short interview of quiz maker:

On behalf of the Sherlock Institute of Forensic Science I had a short interview with quiz maker and here is what they say to all the student community and life time learners.

1. As a practicing lawyer, how will you explain the importance "law" in the field of forensic?

Laws are the set of rules, which govern our Society. Any act or omission which leads to the breach of these rules is a crime.21st century has witnessed an evolved modus operandi by which the crime is committed. To cope with the same, the law has to evolve as well. In such situation, Forensic Science comes as a boon which helps in detection and punishment of crime. Unfortunately, the education system has made Forensics a subject of academic interest of scientists in India, as we clearly see a divorce between the law and the science. We define 'Forensics' as a branch of science which aids in court of law for administration of justice. Therefore, a forensic expert is expected to have a knowledge of laws prevailing in their respective jurisdictions and the understanding of the legal system. If forensic expert lacks the basic knowledge of law, he can never help with the scientific knowledge in the administration of justice, which is the actual role of Forensic Science.

According to me time has come, where we need to bridge the gap between law and science which can only be achieved if forensic experts are also made aware of legal systems in which they work.

2. How study of forensic science is helpful in the court proceedings?

When I studied forensic science and Law, I realized that both these branches of knowledge are so wide that in both of them only the sky is the limit. When it comes to the knowledge of forensic science it is not limited to just biology or physics or chemistry, But the knowledge of forensic science ranges from forensic medicine to cyber forensics and from ballistics to forensic psychology. This wide scope of the subject, touches upon various aspects of study and helps tremendously in Criminal Trials. Also, as a criminal lawyer I have witnessed that the study of forensic science also helps in the study of a case from the perspective of an accused as well as from the perspective of the prosecution. Having knowledge of both forensic science and law I could also understand the gap which exists between the academic study of forensic science and its Practical usage in trials.

3. In India there are so many laws and regulations, will you please highlight which law acts are more important in the forensic field?

A forensic expert must have a good understanding of the three main statutes 1) Indian Penal Code, 2) Code of Criminal Procedure and 3) Indian Evidence Act. Other than these three main statutes, based on the specialized branches of science where an expert is working he must know the respective laws with which his field is connected with. For example, a forensic psychologist must have a good study of Mental Health Act, A toxicologist must be aware of Narcotic Drugs and psychotropic Substances Act, Drugs and cosmetics Act etc.

Additionally, I must mention the understanding of procedural and adjective laws will definitely help an expert who has to depose before the court of law.

4. During this pandemic also we are so busy in virtual space because of our work from home. I am really thankful to you for preparing such an engaging quiz and giving insight into the subject. Would you like to share your experience in making quiz questions?

 I must say, it gives me immense happiness to see that, despite of the pandemic which was able to make the whole globe pause for some time, it has failed to stop the student community as a whole to come up with new ideas to keep growing. Therefore, I must say any initiative towards enhancement of knowledge is always welcome. I am thankful to you for giving me this wonderful opportunity to design this quiz competition which is based on forensic and law.

5. As a practicing lawyer, what would be your message for the aspiring students of forensic science & law?

The only request that I would like to make to the student fraternity of forensics and law is to work towards bridging the gap between science and law, the answer to curb the wholesale breach of law in 21st century is Science and technology!

Here is the List of Questions with Answers along with explanation

Que 1.  A Dying Declaration is _________

a) A statement, verbal or written, made by a person, relating to the cause of a death of a person witnessed by him/her or any circumstances of the transaction resulting in the death of any such person.

b) A statement, verbal or written, made by a person, relating any homicide or any circumstances of the transaction related to the homicide.

c) A statement, verbal or written, made by a person, relating to the cause of his/her death or any circumstances of the transaction resulting in death.

d) A statement, verbal or written, made by police, relating to the cause of any death or any circumstances of the transaction resulting in death.

Answer – (c) A statement, verbal or written, made by a person, relating to the cause of his/her death or any circumstances of the transaction resulting in death.

Explanation: According section 32 of Indian evidence act, when it relates to cause of death, when the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question.

Que 2. Anagha a forensic photographer, clicked a photograph of the crime scene on her mobile phone. To make the said photograph admissible in the evidence…

a) She will have to produce the printout of the photograph in the court.

b) She will have to produce the mobile phone from which the photo was clicked OR she will have to bring a printout along with a section 65B certificate under Indian Evidence Act.

c) She will have to only submit a Section 65B certificate under Indian Evidence Act and not the photograph.

d) She will have to self-attest the printout of the photograph, undertaking it is the correct photo.

Answer – (b) she will have to produce the mobile phone from which the photo was clicked OR she will have to bring a printout along with a section 65B certificate under Indian Evidence Act.

Explanation: According to Section 65B in The Indian Evidence Act, 1872, notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document (for this example of question we can say mobile is main evidence and printout of the image clicked is act as supporting evidence). And should be provide in the court of law as a primary evidence.

Que 3. Which of the following is not a ‘Document’ under Indian Evidence Act?

a) A Photograph.

b) An inscription on the metal plate.

c) A map of the crime scene.

d) An oral statement.

Answer – (d) an oral statement.

Explanation: A testimony before the court or anything which is said that is not a document. Document is a primary evidence and what is said orally about its content is a secondary evidence.

Que 4. “Every Murder is a Culpable Homicide, but Every Culpable homicide need not be a murder.”

 This statement is: -

a) True.

b) False.

c) Can’t say.

d) it’s exactly the opposite.

Answer – (a) True

Explanation: Section 299 of the IPC (Indian Penal Code) defines Culpable Homicide and Section 300 of the IPC defines murder. As in case of Culpable Homicide intention and knowledge for committing the act is important. Murder is a crime against a person as well as the society as a whole. In murder there is greater intension or knowledge than in culpable homicide. “Culpable” means criminal and “homicide” means the act of killing other person. Culpable homicide is a categorization of certain offences, which involves the illegal killing of a person either with or without an intention to kill depending upon how a particular jurisdiction has defined the offence. It means unlawful killing which is not classified as murder due to the guilty intension of a person or ‘mens rea’ being absent. The law defines that culpable homicide is the genus and murder is its species.

Que 5. Which of the following is the General Exception under Indian Penal Code to the Criminal Liability?

a) An act done by the government employee.

b) An act resulting in only a simple hurt.

c) An act causing slight harm.

d) None of the above.

Answer – (C) An act resulting in only a simple hurt.

Explanation: Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.

“De Minimis non curat lex” (Doctrine)

Que 6 . The question is, whether the death of ‘X’ was caused by poison, then:

a) The opinions of experts as to the symptoms produced by the poison by which ‘X’ is supposed to have died are relevant.

b) The opinions of experts in such cases are not relevant.

c) The opinions of experts as to his personal acquaintance with ‘X’ are relevant.

d) The opinions of experts is only relevant when supports the case of prosecution.

Answer – (a) the opinions of experts as to the symptoms produced by the poison by which ‘X’ is supposed to have died are relevant.

Explanation: Section 45 of Indian Evidence Act defines Opinions of experts as, "When the Court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity of hand writing or finger-impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions, are relevant facts. Such person called experts”. Thus the opinion of expert witness plays an important role in the matter of evidence and enables the Court to arrive at proper conclusion. The expert opinion is only a piece of evidence and cannot be taken as substantive piece of evidence since it is to be judged along with other evidence. Example, The question is, whether the death of A was caused by poison. The opinions of experts as to the symptoms produced by the poison by which A is supposed to have died are relevant.

“Doli Incapax” (Doctrine)

Que 7.  The ‘Hash Value Algorithms’ are used to:

a) Prove the integrity of the cyber forensic expert.

b) Prove the integrity and chain of custody of the Electronic evidence.

c) Both (a) and (b)

d) None of the above

Answer – (b) Prove the integrity and chain of custody of the Electronic evidence.

Explanation: Electronic Evidence is becoming more commonplace in civil and criminal cases. Hash value is used as important tool in examining, discovering and authenticating electronic evidence. It would be pertinent to say that it is only the significant dominion factor which play crucial role and also widely accepted means of authenticating electronic evidence which is also legally admissible in the court of law throughout World. The “hash value” is an important tool to identify and authenticate digital evidence and thus can be used in the court of law to prevent an allegation that the exhibited electronic data has not been altered. The admissibility of the hash value have increased over the years as the hash values have unique identification capabilities that have a high degree of accuracy to confirm whether two records or files are a match or are dissimilar.

Que 8. Which of the following correctly defines the term “Medical Jurisprudence”?

a) The science which deals with the application of every branch of medical knowledge to aid the law.

b) The study of laws of medicine and pharmaceutical sciences.

c) The branch of Forensic Science which aids in interpretation of the medical terms.

d) All of the above

Answer – (a) the science which deals with the application of every branch of medical knowledge to aid the law.

Explanation: Simple meaning of the term medical jurisprudence we can say “the branch of law relating to medicine”. Medical jurisprudence or legal medicine is the branch of science and medicine involving the study and application of scientific and medical knowledge to legal problems, such as inquests, and in the field of law. It is typically involved in cases concerning blood relationship, mental illness, injury, or death resulting from violence. Autopsy is often used to determine the cause of death, particularly in cases where foul play is suspected. “Modi’s Medical Jurisprudence and Toxicology” book is a great reference book for further studies.

Que 9.  “A person can be compelled by the Court or by the police to get subjected to a polygraph test or Narcoanalysis”

This statement is:

a) Correct.

b) Wrong.

c) Correct with respect to the Court.

d) Correct with respect to the police.

Answer – (b) Wrong.

Explanation: Narcoanalysis is a method of psychological investigation in which the conscious or unconscious unwillingness of a subject to express memories or feelings is diminished by the use of a barbiturate drug. Like confessions, Narco-analysis tests generally don’t have legal validity as it is made by a semi-conscious person are not admissible in court. The court may, however, grant limited admissibility after considering the circumstances under which the test was obtained. Narco-analysis, brain mapping and lie detector tests against the will of the accused would be violative of Article 20 (3) of the Constitution.

Que 10. In a criminal case the burden to prove/disprove the guilt of the accused is generally on:

a) A forensic Expert.

b) The Prosecution.

c) The Accused.

d) The Judge.

Answer – (b) The Prosecution.

Explanation: Prosecution is the act of officially accusing someone of committing an illegal act, especially by bringing a case against that person in a court of law. The prosecution refers to the lawyers in a trial who try to prove that a person accused of committing a crime is guilty of that crime. According to Indian evidence act 1872, S.101, whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. Therefore in a criminal case burden to prove/ disprove the guilt of the accused in generally on the Prosecution. 

Que 11. Aditya, a student committed murder. He took a defence that he is a person of unsound mind. To prove his insanity, he will have to:

a) Prove his medical insanity by producing a certificate of a doctor.

b) Prove his legal insanity by proving that he at the time of the commission of the offence was suffering from the state of unsoundness of mind.

c) Prove his insanity by just coming to the court.

d) None of the above.

Answer – (b) Prove his legal insanity by proving him at the time of the commission of the offence was suffering from the state of unsoundness of mind.

Explanation: The general rule is that any act done by a person with unsound mind is not a crime but it has to be proved that at the time commission of offence he was at the state of unsound mind. An accused being of an unsound mind will not understand the nature of act he commits. The protection given to these type of people gives a humane approach to the accused of unsound mind. According to Section 82 and 83 of IPC, Nothing is an offence which is done by a child under seven years of age and nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.

Que 12. The law which prohibits the use, sale manufacturing etc. of illicit drugs in India is:

a) The Narcotic Drugs and Psychotropic Substances Act, 1985.

b) The Drugs and cosmetics Act, 1940.

c) The Illicit Drugs (prohibition of use, sale and manufacturing) Act, 2019.

d) The Drugs and Magic remedies Act, 1954.

Answer – (a) The Narcotic Drugs and Psychotropic Substances Act, 1985

Explanation: Under the NDPS Act, it is illegal for a person to produce/manufacture/cultivate, possess, sell, purchase, transport, store, and/or consume any narcotic drug or psychotropic substance. Under one of the provisions of the act, the Narcotics Control Bureau was set up with effect from March 1986.

Que 13. The Institution of Government Examiner of Questioned Documents was set up by British in:

a) Mumbai

b) Kolkata

c) New Delhi

d) Shimla

Answer – (d) Shimla

Explanation: The British Government of Bengal felt the necessity of identifying the handwritings on the secret documents connected with the Indian independence movement and, therefore, created the post of Government Handwriting Expert of Bengal. Mr.CR Hardless, the then Superintendent in the A.G.'s office in Bengal, was appointed to this post in 1904. This setup was shifted to Shimla in the year 1906 and was placed under the control of the Director, CID. A post of Handwriting Expert for the Government of India was created and Mr.CR Hardless was appointed to this post. He was replaced by Mr. F Brewster, a police officer from the West Bengal CID, and was designated as the Government Examiner of Questioned Documents (GEQD).

Que 14. A lawful disinterment of a body from the grave for the purpose of identification and determination of the cause of death is called as:

a) Excavation.

b) Mining.

c) Exhumation.

d) Exhibition.

Answer – (c) Exhumation

Explanation: Exhumation means the lawful disinterment or digging out a body from a grave, which has already been buried under section 176 of Criminal Procedure Code (CrPC.) Exhumation is rarely done in India, because in our country, most of the bodies are disposed of by cremation. Sheena Bora’s murder case is one of the example of exhumation, where Sheena bora went missing 24th April 2012. S C Mohite, head of department of forensic medicine at BYL Nair Hospital, who had examined the skeleton exhumed from a village in Raigad in 2015 alleged to be Sheena Bora’s, identified bones including the skull before the court on Saturday and said it belonged to a female between 21 and 25 years of age. Sheena was 24 at the time of her alleged murder in 2012.

Que 15. Which of the following is NOT an offence punishable under the Information Technology Act, 2000?

a) Cyber Terrorism.

b) Violation of privacy.

c) Cheating by personation by using computer resource.

d) None of the above

Answer – (d) None of the above.

Explanation: The Information Technology Act, 2000 is an Act of the Indian Parliament notified on 17 October 2000. It is the primary law in India dealing with cybercrime and electronic commerce. As cyber terrorism, violation of privacy and cheating by personation by using computer resource has discussed under section 66F, 66E, and 66D respectively.

Que 16. John dishonestly made use of the electronic signature and password of Saniya; John has committed the offence of:

a) Cyber Terrorism.

b) Identity Theft.

c) Cheating by personation.

d) All of the above

Answer – (b) Identity Theft.

Explanation: Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person is known as identity theft.

Que 17. Which of the following is NOT a Right of the Accused in a Criminal Trial?

a) To Cross examine an Expert Witness.

b) To get the copy of the documents purporting be the Expert Reports.

c) To request the court not to examine a forensic expert.

d) To bring a forensic expert as a defence witness,

Answer – (c) To request the court not to examine a forensic expert.

Explanation: Accused person can’t say “No” to verify or re-verify the facts of the case as well as make any request regarding not to examine a forensic expert. The opinion of expert plays an important role in the matter of evidence and enables the Court to arrive at proper conclusion.

Que 18. Which of the following Statement is admissible as evidence?

a) Statement before a police officer.

b) Statement before a Magistrate.

c) Both (a) and (b).

d) Neither (a) nor (b).

Answer – (b) Statement before a Magistrate.

Explanation: Victim, Suspect or accused or any person can make different statements before trials of court to police officer which are not admissible in court as evidence. But if the person make a statement in before the court of law then it’s admissible as evidence. And the statement cannot be changed in any circumstances. If that happens so, it is punishable. According to section 164 of criminal procedure code, before the commencement of the inquiry or trial, any confession or statement made under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of an offence. And also that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.

Que 19. In a Civil Trial, the question arose before the court as to the identification of the handwriting of ‘X’ who might have written a Will/testament.  Which of the following opinions will be relevant?

a) Opinion by a handwriting expert.

b) Opinion by an expert showing facts which support his opinion.

c) Opinion of a close friend of ‘X’ who knew the handwriting of ‘X’.

d) All of the above

Answer – (d) All of the above

Explanation: According to S. 45, S.46, & S.47 of Indian evidence act, 1) the question is, whether a certain document was written by A. Another document is produced which is proved or admitted to have been written by A. The opinions of experts on the question whether the two documents were written by the same person or by different persons, are relevant. 2) Facts not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts, when such opinions are relevant. 3)When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact. For example, a person is said to be acquainted with the handwriting of another person when he has seen that person write, or when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him.

Que 20. The evidence given by a fingerprint expert as to the presence of fingerprints of ‘M’ on the Rifle which was allegedly used in the commission of crime is a:

a) Direct Evidence.

b) Primary Evidence.

c) Circumstantial Evidence.

d) Hearsay Evidence.

Answer – (c) Circumstantial evidence.

Explanation: Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact—such as a fingerprint at the scene of a crime. By contrast, direct evidence supports the truth of an assertion directly—i.e., without need for any additional evidence or inference. And Primary evidence means the documents itself produced for the inspection of the Court. Hearsay evidence, in a legal forum, is testimony from a witness under oath who is reciting an out-of-court statement, content of which is being offered to prove the truth of the matter asserted.  

Que 21. Rigor Mortis is a relevant factor in a murder trial, to prove:

a) Time since Death.

b) Cause of death.

c) Age of dead body.

d) All of the above.

Answer – (a) Time since Death.

Explanation: Rigor mortis is a post-mortem change resulting in the stiffening of the body muscles due to chemical changes in their myofibrils. Rigor mortis helps in estimating the time since death as well to ascertain if the body had been moved after death.

Que 22. Article 20(3) of the Constitution of India says: No person accused of any offence shall be compelled to be a/an ________ against himself.

a) Expert.

b) Advocate.

c) Judge.

d) Witness.

Answer – (d) Witness.

Explanation: According to Article 20(3) in The Constitution of India 1949, No person accused of any offence shall be compelled to be a witness against himself.

Que 23. Which of the following is the correct hierarchy of Police in ascending order?

a) Police Constable – Police Inspector – Superintendent of Police – Deputy Inspector General.

b) Police Inspector – Police Constable – Deputy Inspector General – Superintendent of Police.

c) Police Constable – Deputy Inspector General – Police Inspector – Superintendent of Police.

d) Police Inspector – Deputy Inspector General – Police Constable – Superintendent of Police.

Answer – (a) Police Constable – Police Inspector – Superintendent of Police – Deputy Inspector General.

Explanation: According to rank basis = Police Constable < Police Inspector < Superintendent of police < Deputy Inspector General.

Que 24. Which of the following is NOT a Grievous Hurt under Indian Penal Code.

a) Emasculation.

b) Privation of a joint.

c) Abrasion.

d) Fracture.

Answer – (c) abrasion.

Explanation: An abrasion is a type of open wound that's caused by the skin rubbing against a rough surface. It may be called a scrape or a graze. When an abrasion is caused by the skin sliding across hard ground, it may be called road rash. Abrasions are very common injuries. This type of injuries can be concluded under hurt, but not under grievous hurt.

Que 25. The law dealing with criminal procedures in India is:

a) Code of Criminal Procedure, 1973.

b) Criminal Procedure Act, 2003

c) Code of Criminal trial and investigation, 1973.

d) Criminal trial and investigation Act, 2003.

Answer – (a) Code of Criminal Procedure, 1973.

Explanation: The Code of Criminal Procedure commonly called Criminal Procedure Code is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974.