Monday, 31 January 2022

Ordinary Making Power ( Article 123) - By Isha

 Ordinance Making Power (Article123) – By Isha


Article 123 (1) provides: “ If, at any time, except when both Houses of Parliament are in Session, the President is satisfied that circumstances exist, which render it necessary for him to take immense action, he may promulgate such Ordinances as the circumstances appear to him to require.” An ordinance promulgated by the President has the same force and effect as an Act of the Parliament. The President may withdraw the Ordinance at any time.


The Ordinance promulgated by the President is required to be laid before both Houses of Parliament. It ceases to operate at the expiration of six weeks from the reassembly of Parliament. However, if resolutions disapproving the Ordinance are passed by both the Houses before the expiry of these six weeks shall be reckoned from the date, the latter House meets.


The President may promulgate Ordinances under Article (123) (1), with respect to all those matters with respect to which Parliament is competent to make laws. The power of the President to promulgate Ordinances is thus declared to be co-extensive with the power of the Parliament to make laws. However, the President can promulgate an ordinance only when the following two conditions are existing:

  1. When both Houses of Parliament are not in Session. Thus, he can promulgate the Ordinance when one of the House is in Session.

  2. When circumstances exist which render it necessary for the President to take immediate action.


Ordinances per se are against the spirit of democracy and not conducive to the development of the best Parliamentary traditions. However the issuance of Ordinances has been held desirable to deal with an unforeseen and urgent situation. Justifying the provision in the Constituent Assembly, Dr B.R. Ambedkar said – 

“ The emergency must be dealt with, and it seems to me that the only solution is to confer upon the President the power to promulgate a law which will enable the executive to deal with that particular situation because it cannot resort to the ordinary process of law because... the legislature is not in session”.


Case laws

  1. In R.C. Cooper vs Union of India, the Banking Companies (Aquisition and Transfer of Undertakings) Ordinance, 1969 was challenged on the ground that the President had not satisfied himself as regards to the urgency of the circumstances. The Supreme Court, however held that “ under the Constitution, the President being the constitutional head, normally acts, in all matters, including the promulgation of an Ordinance, on the advice of his Council of Ministers”. The Ordinance is promulgated in the name of the President, but it is, in truth, a promulgation on the advice of his Council of Ministers and on their satisfaction.


It has been held that an Ordinance passes under Article 123 stands on the same footing as an Act passed by the legislature. It cannot be treated as an executive action or an administration decision. The courts cannot infer a legislative malice in passing a statue. It is clothed with all the attributes of an Act of the Legislature, carrying with it all its incidents, immunities and limitations under the Constitution. An ordinance has been held to be a law under Article 21 of the Constitution. As the Legislature can repeal an existing enactment or amend it, so also, the President, by an Ordinance, can repeal or amend an existing legislation. 


  1.  In A.K. Roy vs Union of India, the National Security Ordinance,1980 provided for, detention of persons acting in a manner prejudicial to the defence of India, security of India, security of the State and friendly relations with foreign powers. The Ordinance was challenged on the ground that it suffered from vagueness and arbitrariness. The Supreme Court upheld the constitutional validity of the Ordinance and held that it was not violative of Article 14.

However, the Supreme Court held that Ordinance making power of the President would be subject to the tests of vagueness, arbitrariness, reasonableness, public interest, and that it was passed during the recess of the Union Parliament.





Sexist remarks

 SEXIST REMARKS 


Sexist remarks made in the court, however subconscious be it,  is very common within the four walls of the courtrooms of Indian Judiciary. In the case of M.I Shadad vs Mohd. Abdullah Mir in the Jammu & Kashmir high court delivered by Justice Muzaffar Hussain Attar, Judge and Justice Bansi Lal Bhat, Judge held that serving of summons only of male adult member of the family, in the absence of the defendant was not discriminatory towards women. This was due to the age old Indian system where women having no identity outside her role of serving as  house-wives, going through motherhood, pregnancy, menstruation, mostly illiteracy or Parda Nashin. This legislation was passed so that Indian women were not expected to give out such services, rather expected to stay home and follow the social norms of the Indian society. The laws on marital rape is explicitly sexist as it gives out the notion that aa woman’s body is a legal possession of her husband, it is a serious issue of human rights violation where a woman cannot refuse consent to sex because there are no laws backed by Indian Judiciary to protect them. This exception in section 375 of the Indian  Penal Code needs to be reviewed or done away with completely. 

In the Karnataka high court, in the case Raja vs State of Karnataka, the Judge granted yet  again gave an anticipatory bail to the man accused for rape and commented that it is “unbecoming of Indian women” to go to sleep after  being raped”. They were disappointed and found it unusual that the woman after being raped didn’t “ hurry back home in a humiliated and a devastated state. ” In the Guwahati High Court case of Md. Jakir Ali vs The State of Assam, a woman was cheated into having sexual intercourse with the man (accused) in promise of marriage, after she became pregnant he denied marrying he or taking responsibility of their child. Even though the accused was convicted under Section 376 and 417 of the Indian Penal Code for Punishment for sexual assault and cheating respectively, there were discussions in the courtroom where they remarked the woman of easy virtue and very luke warmly address sexual assault, rather they focused more on how a woman’s Chasity or virginity which they believe so to be the most valuable “possession” for a woman is taken away from her through deception. So they opined that a “good woman” is one that ``protects' ' her  chastity or virginity. In a Bombay  High Court  granted bail to a rape accused on the  grounds stating that  the  victim was a women of loose virtue and used to do dirty stuff.

 This is a  chronic problem of of the Indian Judiciary and sexism and gender based discrimination must take a back seat. Although it seems that it’ll take us some time to get to the position of having a gender neutral courtroom trials, we can begin by assembling legal expectations to take a stand in such matters, creating a conducive space for women lawyers where they are taken seriously and appointing more female judges to the judiciary. We are also looking towards a better time when this nation will finally see its first female Chief Justice


Criminal Attempt

 CRIMINAL ATTEMPT


INTRODUCTION:

An attempt to commit a crime is an act which could constitute the offence if it were not interrupted. Once a criminal act reaches the stage of attempt the liability starts, as attempt takes the person closer to a successful commission of an offence. 

TYPES OF ATTEMPTS: 

  1. Unsuccessful act

  2. Interrupted so couldn’t happen

  3. More than mere preparation 

ATTEMPT AND IPC

  1. General Attempt

  2. Specific Attempt: 

  • Section 307: Offence of attempt murder.

  • Section 308: offence of attempt culpable homicide.

  • Section 309: offence of attempted suicide.

  • Section 393: offence of attempted robbery. 

  1. Attempt along with abetment or commission as offence. 

THEORIES OF CRIMINAL ATTEMPT:

  1. Impossibility: legal impossibility arises when a defendant completes all of his intended acts, but the sum of his acts does not constitute a crime. It was laid in the case Queen Vs. Collins 1884, where it was held that a pickpocket was not guilty of attempt even when he put his hand into the pocket of someone with an intention to steal but did not find anything. 

  2. Interruption/but for interruption: if the action proves that the person would have gone through with the plan if not for the interruption, then it is an attempt. That means if a person has not been interrupted, he would have committed the crime, he is guilty of attempt even though the past step of the crime has not been performed. 

        Exception: voluntary backing out = Doctrine of Locus Penitentiae/Abandonment – Malkiat Singh Vs. State of Punjab AIR 1970 SC 713.

  1. Last step test: as per this test, anything short of last step is preparation and not attempt. However, if proved the culprit reached at last step then it is an attempt. This is because as long as there is a step remaining for completion of the crime, the person can abandon it. This is also known as Proximity Rule. 

       Example: Abhavanand Mishra Vs. State of Bihar AIR 1961 SC 1698.

  1. Unequivocality test: it is similar to Res ipsa Loquitor that has been developed recently by American Judiciary. If a person does something that shows his commitment to follow through and commit the crime then it is an attempt. So, attempt is done when the offender takes deliberate and overt steps that show an unequivocal intention to commit the offence even if the step is not the penultimate one. It is not followed in India. 

  2. Social Danger Test: in this test the accused conduct is not examined only partially but the consequences of the circumstances and the fullness of the facts are taken into consideration. For example, A administers some pills to a pregnant woman in order to procure abortion. However, since the pills are innocuous, they do not produce the result. In spite of this A would be held liable for an attempt from the view point of the social danger test, as his act would cause an alarm to society causing social consequences. It is also not applied in India 

Rule of law

 Rule of law


Rule of law is said to be a part of common law. It safeguards arbitrary rulings in individual cases. Rule of law doctrine says that law continues to be with us and governs our actions all of our life. Whatever mode of government is, the government should establish law in writing and adopt it in established procedures which helps in keeping checks and balances. Arbitrary ruling should not-be there and everything should be procedural. Example there is Delhi development authority 1957 by law rules etc is in consonance with established procedures(With respect to this act ) which helps in governance. Now there is no arbitrariness in context with procedure (Example procedure for denial of passport, removing anyone to expel someone by the police etc, when interest of public at large is questioned.

Indian Context- Constitutional provisions beginning from fundamental rights and directive principle of state policy to various articles somewhere incorporate the principle of rule of law. Constitution basic features cannot be taken away even by constitutional amendments (S.P Gupta v UI 1981) Example- Article 15, 14, 21, directive principle of state policy place obligation on state to work in consonance with rule of law. The reflection of basic features of rule of law can also be seen in the preamble of India. For example- Article 325 argues that no discrimination on grounds of religion caste can be made during casting of vote, Article 301 gives freedom of trade throughout India. Article 15 (4) and 16 (4 )and Article 330 to 333

takes care of backward classes in reservation and jobs. Article 32 and 226 inculcates judicial law review doctrine.

Summary- Every government should be subject to law and doctrine. Role of judiciary should be to ensure justice by formulating just proceedings and democracies should formulate systems accordingly, whereby various types of right that they incorporate should be in consonance with rule of law and welfare of citizens should be the primary goal.

According to Edward Coke (1552- 1634)- Everything should act under law and this law should be a type of natural law as to what is right and wrong. Supremacy of law should always be over the executive and its administrative powers therefore the executive should not be given much powers.


Contract of Indemnity

 CONTRACT OF INDEMNITY


INTRODUCTION:

It has been derived from the latin word ‘indemnis’ which means unharmed or undamaged. 

Section 124 – A contract by which one party promises to save the order from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called a “contract of indemnity”. The contract of indemnity is a special type of contract, wherein, one party promises to indemnify/save the other party who is promised to be saved against the loss is known as ‘indemnified’ or ‘indemnity-holder’. The section defines a contract of indemnity as one under which the promisee promises to save the other from loss caused to him by the promisor’s conduct, or from the action of a third person. 

The term ‘indemnity’ literally means to make good the loss or compensate for the losses. 

SOME SPECIAL CASES OF IMPLIED INDEMNITY

Section 69: according to this section is a party who is interested in payment of money which another is destined by law to pay and therefore himself pays it, he is designated to be indemnified. 

Section 145: a party is provided with the right of the surety to claim indemnity from the principal defaulter for all sums which he has lawfully paid towards the guarantee. 

Section 222: this section provides for liability of the principal to indemnify the agent in respect of all amounts paid by him during the legitimate exercise of his power. 

RIGHTS OF INDEMNITY – HOLDER WHEN SUED (SECTION 125)

Section 125: rights of indemnity-holder when sued – the promisee is a contract od indemnity, acting within the scope of his authority, is entitled to recover from the promisor – 

  1. All damages: which he may be compelled to pay in any suit in respect of any matter to which the promise to indemnify applies.

  2. All costs: which he may be compelled to pay  in any such suit if, in bringing or defending it, he did not contravene the orders of the promisor, and acted as it would have been prudent for him to act in the absence of any contract of indemnity, or if the promisor authorized him to bring or defend the suit;

  3.  All sums which he may have paid under the terms of any compromise of any such suit, if the compromise was not contrary to the orders of the promisor, and was one which it would have been prudent for the promisee to make in the absence of any contract of indemnity, or if the promisor authorized him to compromise the suit.

As per Section 125 of the Indian Contract Act, 1872 the following rights are available to the promisee/ the indemnified/ indemnity-holder against the promisor/ indemnifier, provided he has acted within the scope of his authority.​

  • RIGHT TO RECOVER DAMAGES PAID IN A SUIT [SECTION 125(1)]: An indemnity-holder has the right to recover from the indemnifier all damages which he may be compelled to pay in any suit in respect of any matter to which the contract of indemnity applies.​


  • RIGHT TO RECOVER COSTS INCURRED IN DEFENDING A SUIT [SECTION 125(2)]: An indemnity-holder has the right to recover from the indemnifier all costs which he may be compelled to pay in any such suit if, in bringing or defending it, he did not contravene the orders of the promisor, and acted as it would have been prudent for him to act in the absence of any contract of indemnity, or if the promisor authorized him to bring or defend the suit.​


  • RIGHT TO RECOVER SUMS PAID UNDER COMPROMISE [SECTION 125(3)]: An indemnity-holder also has the right to recover from the indemnifier all sums which he may have paid under the terms of any compromise of any such suit, if the compromise was not contrary to the orders of the promisor, and was one which it would have been prudent for the promisee to make in the absence of any contract of indemnity, or if the promisor authorized him to compromise the suit.​

RIGHTS OF INDEMNIFIER

  • The rights of Indemnifier have not been mentioned expressly anywhere in the Act. These rights have been established purely on the basis of case judgements and court rulings on this matter. In Jaswant Singh v. Section of State (14 BOM 299), it was held that the rights of the indemnifier are similar to the rights of a surety under Sec. 141 of the Indian Contract Act, 1872, where he becomes entitled to all the securities that a creditor has against a principal debtor whether he’s aware of them or not. ​


  • When a person agrees to indemnify, after such indemnification he becomes entitled to all the ways and means by which the original indemnity holder had shielded themselves from any loss or set up a compensation for that loss. Once he has paid for the damages caused, he steps into the shoes of the indemnity holder. This is called the principle of subrogation. ​



Citizenship - By Isha

 Citizenship – By Isha 


The Constitution provides for single and uniform citizenship for the whole of India. In federal States like USA and Switzerland, there is a dual citizenship, viz., the federal or national citizenship and the citizenship of the State where a person is born or permanently resides. Central Government has exclusive jurisdiction to determine the question of citizenship. Any state Government or court has no power in this regard.


The population is divided into two classes – citizens and non-citizens. Non-citizens do not enjoy all rights guaranteed by the Constitution. Indian citizens exclusively possess the following rights.

  1. The fundamental rights.

  2. Privileges to Officers such as those of the President (Article 58); Vice President (Article 66); Judge of the Supreme Court ( Article 124) or a High Court ( Article 217); Attorney General ( Article 76); Governor ( Article 157).

  3. The right to vote (Article  326) ; the right to become a member of Parliament ( Article 84) and State Legislature ( Article 191).


The non-citizens are deprived from such rights.

The Citizenship Act, 1955, provides for the acquisition of citizenship in the following ways:

  1. Every person born in India on or after January 1959,but before July, 1987; and those born on or after July, 1987 but before the commencement of the Citizenship (Amendment) Act, 2003 and also those born on or after the commencement of the Citizenship (Amendment) Act, 2003 shall be a citizen of India by birth. Citizenship by birth can be acquired by such persons only if either of his parents is a citizen of India at the time of birth.

  2. A person who was born outside India on or after January 26, 1950 but before commencement of the Citizenship (Amendment) Act, 1992 shall be a citizen of India by descent, if his father is a citizen of India at the time of the person’s birth or on or after such commencement if either of his parents is a citizen of India at the time of his birth. 

  3.  A person can get Indian Citizenship by registering himself to that effect, if he belongs to any of the following categories –

  • Persons of Indian origin who are ordinarily resident in India for seven years immediately before making an application for registration.

  • Persons of Indian origin who are ordinarily resident in any country or place outside undivided India. 

  • Persons who are married to Indian citizens and ordinary resident in India and such persons must have been resident for seven years before making such an application.

  • Minor children of persons who are Indian citizens.

  1. Citizenship can also be acquired by naturalisation. The qualifications for naturalisation are:

  • The person must not belong to a country where Indian citizens are prevented from becoming citizens by naturalisation.

  • The person must either be resided in India or should have been in Government service for 12 months before making an application specified under Third Schedule of the Citizenship Act, 1955.

  1. If any new territory becomes a part of India, the person’s of the territory become citizens of India.


The Citizenship Act, 1955 also lays down the following ways in which citizenship of India may be lost:

  1. If a citizen renounces citizenship.

  2. If a citizen of India voluntarily acquires citizenship of another country.

  3. If Indian citizenship had been acquired by fraud or if an Indian citizen has shown himself to be disloyal and disaffected towards the Constitution of India.


The Citizenship Amendment Act of 2003 provides for the Dual Citizenship for the people of Indian origin in 16 specified countries. The Citizenship Amendment Act of 2005 recognises the Overseas Citizenship and provides for their registration in India.


What are intellectual property rights?

 


What are intellectual property rights?

By swatee Shukla

What is intellectual property? There are two types of property one physical and another intellectual. The term intellectual reflects the idea that its subject matter is the product of the mind and the intellect. These could be in the form of patents; trademarks; geographical indication; industrial design; layout design ( topographies) of integrated circuits; plant variety protection and copyright. 

What is the intellectual property right? Rights of an inventor to derive economic benefits from his intellectual property; this right is called intellectual property right IPR. The theory is based on Locke’s labour which aids: ‘any product of labour should belong to me.’ Extending this logic, any product of my intellectual labour is ought to be considered as my property and I should have an exclusive right to use it for my benefit. This concept forms the basis of construing the produce of intellectual labour as property. Intellectual property, protected through the law, like any other form of property can be a matter of trade, which means that it can be owned, bequeathed, sold or brought. The major characteristics that differentiate it from other forms of property are its intangibility and non-exhaustion by consumption. 

The objectives of granting IPR are to enhance the performance level of institutions and give recognition and financial benefit to efforts for creativity. Granting IPR creates competition among researchers and institutions for the quality of research. 

Need of law on intellectual property- the concept of intellectual property is a typical example of ‘legal fiction’. This means that it would not have existed had there not been a law stating that it does. In the absence of intellectual property rights, artists, writers, scientists and other creators of art and pioneers of science and technology will not be able to hold on to the benefits of their intellectual creations. The law aims to release new ideas and advancements into the public domain bridled by reins, in the control of creators. There are different laws, with varying rights and liabilities that cover the different types of intellectual produce. International intellectual property laws are governed by international treaty legislation. As in the era of globalization, with the worldwide internet and the subsequent ability for proprietary data to be copied and appropriated, IP rights need to be protected and regulated at an international level. 

Various laws cover different types of intellectual produce. These laws are copyright law, patent law, trademark law, geographical indication. Copyrights are generally exercised over subjects of literary work; dramatic work; artistic works; sound recordings; cinematographic films. Whereas a patent is a governmental-issued right granted to individuals or groups that protects their original inventions from being made, used, or sold by others without their permission for a set period of time. And a trademark is a distinguishing mark or sign that represents a particular brand or company. This system also seeks to prevent others from using the same mark to ass off their own goods like those made company.  The trademark should be distinctive. 


Historical development of forensic science in Indi and world

 Historical Development of Forensic Science in India and World

Introduction:

Crime in some form or the other has existed since the beginning of human race. With the advancement in science and technology the concept of crime as well as the methods adopted by criminals in its commission have undergone a phenomenal change. On one hand the intelligent criminal has been quick to exploit science for his criminal acts, on the other hand the investigator is no longer able to rely on age old art of interrogation and methods to detect crime. In this context forensic science has found its existence. The application of science and technology to the detection and investigation of crime and administration of justice is not new to India. Although our ancestors did not know forensic science in its present form, scientific methods in one way or the other seem to have been followed in the investigation of crime. Its detailed reference is found in Kautilya's `Arthashastra,' which was written about 2300 years ago. Indians studied various patterns of the papillary lines, thousands of years ago. It is presumed that they knew about the persistency and individuality of fingerprints, which they used as signatures. The Indians knew for long that the handprints, known as the ‘Tarija', were inimitable.

The use of fingerprints as signatures by illiterate people in India, introduced centuries ago, was considered by some people as ceremonial only, till it was scientifically proved that identification from fingerprints was accurate. Meaning Forensic science is the scientific method of gathering and examining information about the past. This is especially important in law enforcement where forensics is done in relation to criminal or civil law, but forensics are also carried out in other fields, such as astronomy, archaeology, biology and geology to investigate ancient times. 

According to Hall Dillon, “The word “forensic” means “pertaining to the law”; forensic science resolves legal issues by applying scientific principles to them.”



California Criminalistics Institute defines Forensic Science and Forensic Scientists as, “Forensic Science is the application of the methods and techniques of the basic sciences to legal issues. As you can imagine Forensic Science is a very broad field of study. Crime Laboratory Scientists, sometimes called Forensic Scientists or, more properly, Criminalists, work with physical evidence collected at scenes of crimes.” Ancient History History considers Archimedes as the father of forensic science. He had found out that a crown was not made of gold, (as it was falsely claimed) by its density and buoyancy. After Archimedes, another early forensic science application was done by Soleiman, an Arabic merchant of the 7th century. He used fingerprints as a proof of validity between debtors and lenders. In seventh century BC, an Indian Medicine Treatise, Agnivesa Charaka Samhita was composed that laid down the duties and privileges of a physician. It also gave a detailed description of various poisons, symptoms, signs and treatment of poisoning. Shushruta Samhita was composed between 200 and 300 AD and its chapters concerning forensic medicine were so carefully written that they are in no way inferior to modern knowledge on the subject.

In the 700s, the Chinese also used the fingerprint concept. In the 1000s, Quintilian, a prosecutor in the Roman courts, used a similar method to solve murders. The first document that mentions the use of Forensics in legal matters is the book Xi Yuan Ji Lu (translated as “Collected Cases of Injustice Rectified”) written in 1248 by Chinese author Song Ci.


Historical development


1540s- Pathology: In the 1540’s the French doctor Ambroise Pare laid the foundations for modern forensic pathology through his study of trauma on human organs after he systematically studied the effects of violent death on internal organs. Also, two Italian surgeons, Fortunato Fidelis and Paolo Zacchia, studied the changes that occurred in the structure of the body as the result of disease. In the late 18th century, writings on these topics began to appear. These included, ‘A Treatise on Forensic Medicine and Public Health, by the French physician Francois Immanuele Fodere and ‘The Complete System of Police Medicine’ by the German medical expert Johann Peter Frank.


1800s- Toxicology: Matheiu Orfila is known as the father of modern toxicology. In the early part of the 19th century he established in Paris methods of scientific chemical analysis of poison, which are in use even today. In India, during the nineteenth century, when the cases of death due to poisoning posed a problem to the law enforcement agencies, a need was felt for isolating, detecting and estimating various poisons absorbed in the human system. The first Chemical Examiner's Laboratory was, therefore, set up for this purpose at the then Madras Presidency, under the Department of Health, during 1849. Later, similar laboratories were set up at Calcutta (1853), followed by one each at Agra (1864) and Bombay (1870). These laboratories were equipped to handle toxicological analysis of viscera, biological analysis of stains of blood, semen, etc. and chemical analysis of food, drugs, and various excisable materials to provide scientific support to the criminal justice delivery system within their limited means.

 

1820s- Ballistics:

Eugene Francois Vidocq pioneered the first use of ballistics and began taking plaster casts of shoe imprints. Henry Goddard at Scotland Yard perfected the science of ballistics and pioneered the use of bullet comparison in 1835. He developed a comparison microscope for comparison of crime and test fired bullets to determine whether or not a particular weapon was used in the offence. In India in 1930, an Arms Expert was appointed and a small ballistic laboratory was set up under the Calcutta Police to deal with the examination of firearms. As the menace of firearms grew, other State CIDs also established small ballistics laboratories to help them in the criminal investigation. 

1879- Anthropometry: Alphonse Bertillon of France was first to evolve a scientific system of personal identification. In 1879, he developed the science of Anthropometry, a systemic procedure of taking a series of body measurements to facilitate distinguishing one individual from another. With the invention of photography, he was the first to use it in criminal investigation. In 1881, he began to take standard pictures of all French criminals and file them in the Bureau of Identification, then in Paris. His efforts have earned him the distinction of being known as the Father of Criminal Investigation. In India, while some progress was made in the identification of poisons, the identification of people, specifically criminals, was still being done in a rather haphazard manner. Policemen would try to memorize convict's face so that they could recognize him if he got involved in another crime later. With the introduction of photography, the Criminal Investigation Department (CID) maintained records of every known criminal including a detailed description of his appearance. With the invention of Bertillon's anthropometric system in 1879, India, along with the other countries of the world, adapted Bertillon's system of personnel identification and thus an Anthropometric Bureau, for maintaining anthropometric records of criminals, was established in 1892 at Calcutta.


1892- Fingerprints: Sir William Herschel was one of the first to advocate the use of fingerprinting in the identification of criminal suspects. While working for the Indian Civil Services, he began to use thumbprints on documents as a security measure to prevent the then-rampant repudiation of signatures in 1858. Francis Galton undertook the first systematic study of the fingerprints. He developed a methodology of classifying the fingerprints for filing purposes. In 1892, he published a book on fingerprints giving a sound statistical proof of uniqueness of individualization through fingerprints. He had calculated that the chance of a "false positive" (two different individuals having the same fingerprints) was about 1 in 64 billion. Juan Vucetich, an Argentine chief police officer, created the first method of recording the fingerprints of individuals on file. In 1892, after studying Galton's pattern types, Vucetich set up the world's first fingerprint bureau. In India, Henry approached the Government to seek approval for replacing the anthropometric data by fingerprints for the identification of habitual criminals. Government readily agreed, and the first fingerprint bureau in the world was officially declared open at Calcutta in July 1897, although the collection of record slips had started a few years earlier. Thus, the personnel identification solely on the basis of fingerprints commenced in India. 

1901- Serology: Karl Landsteiner in 1901 discovered that blood could be grouped into different categories. Following this, in 1910, Dr. Leone Lattes of Italy devised a relatively simple procedure for determining the blood group of dried bloodstains and immediately adopted this technique for criminal investigation.


In India, when the science of examining human blood developed, it became possible to examine blood and seminal stains in criminal investigations. Realising the importance of Forensic Serology, an institute named as ‘Serology Department’ was established in Calcutta in 1910. Though the scientific techniques for serological examination were at the infancy stage, this institute provided valuable scientific support by analyzing biological materials for crime investigations. After independence, the department was renamed as ‘Office of the Serologist and Chemical Examiner to the Government of India’. 

1910- Principle of Exchange: Edmund Locard is responsible for the famous ‘Principle of Exchange’, which forms the basis of forensic examination of physical evidence. Its states that “every contact leaves a trace”.This is also known as the Locard Exchange Principle and has formed the foundation of trace evidence collection and analysis for over a century and still plays a central role in 21st century forensic science.

1984- DNA profiling: In 1984, Sir Alec Jeffery developed a science of DNA profiling and found that every human being has a unique DNA structure. He realized the scope of DNA fingerprinting, which uses variations in the genetic code to identify individuals. The method has since become important in forensic science to assist police detective work, and it has also proved useful in resolving paternity and immigration disputes. In India, in response to the rising demands of providing high technology to the crime investigation process, the first Forensic DNA Typing facility was established at CFSL, Calcutta, during 1998. The implementation of this state of the art technique represents significant advancements in the forensic biology in the country. The DNA Typing Unit at CFSL, Calcutta is equipped with the most contemporary techniques of DNA typing, namely, Polymerize Chain Reaction (PCR) based method, Locus Specific Restricted Fragment Length Polymorphism technique, etc. This laboratory, after being functional, has been referred many crime cases pertaining to murder, rape, rape and murder, paternity disputes, organ transplant, exchange of babies in hospitals etc.

Historical Development of Forensic Science in India and World

Introduction:

Crime in some form or the other has existed since the beginning of human race. With the advancement in science and technology the concept of crime as well as the methods adopted by criminals in its commission have undergone a phenomenal change. On one hand the intelligent criminal has been quick to exploit science for his criminal acts, on the other hand the investigator is no longer able to rely on age old art of interrogation and methods to detect crime. In this context forensic science has found its existence. The application of science and technology to the detection and investigation of crime and administration of justice is not new to India. Although our ancestors did not know forensic science in its present form, scientific methods in one way or the other seem to have been followed in the investigation of crime. Its detailed reference is found in Kautilya's `Arthashastra,' which was written about 2300 years ago. Indians studied various patterns of the papillary lines, thousands of years ago. It is presumed that they knew about the persistency and individuality of fingerprints, which they used as signatures. The Indians knew for long that the handprints, known as the ‘Tarija', were inimitable.

The use of fingerprints as signatures by illiterate people in India, introduced centuries ago, was considered by some people as ceremonial only, till it was scientifically proved that identification from fingerprints was accurate. Meaning Forensic science is the scientific method of gathering and examining information about the past. This is especially important in law enforcement where forensics is done in relation to criminal or civil law, but forensics are also carried out in other fields, such as astronomy, archaeology, biology and geology to investigate ancient times. 

According to Hall Dillon, “The word “forensic” means “pertaining to the law”; forensic science resolves legal issues by applying scientific principles to them.”



California Criminalistics Institute defines Forensic Science and Forensic Scientists as, “Forensic Science is the application of the methods and techniques of the basic sciences to legal issues. As you can imagine Forensic Science is a very broad field of study. Crime Laboratory Scientists, sometimes called Forensic Scientists or, more properly, Criminalists, work with physical evidence collected at scenes of crimes.” Ancient History History considers Archimedes as the father of forensic science. He had found out that a crown was not made of gold, (as it was falsely claimed) by its density and buoyancy. After Archimedes, another early forensic science application was done by Soleiman, an Arabic merchant of the 7th century. He used fingerprints as a proof of validity between debtors and lenders. In seventh century BC, an Indian Medicine Treatise, Agnivesa Charaka Samhita was composed that laid down the duties and privileges of a physician. It also gave a detailed description of various poisons, symptoms, signs and treatment of poisoning. Shushruta Samhita was composed between 200 and 300 AD and its chapters concerning forensic medicine were so carefully written that they are in no way inferior to modern knowledge on the subject.

In the 700s, the Chinese also used the fingerprint concept. In the 1000s, Quintilian, a prosecutor in the Roman courts, used a similar method to solve murders. The first document that mentions the use of Forensics in legal matters is the book Xi Yuan Ji Lu (translated as “Collected Cases of Injustice Rectified”) written in 1248 by Chinese author Song Ci.


Historical development


1540s- Pathology: In the 1540’s the French doctor Ambroise Pare laid the foundations for modern forensic pathology through his study of trauma on human organs after he systematically studied the effects of violent death on internal organs. Also, two Italian surgeons, Fortunato Fidelis and Paolo Zacchia, studied the changes that occurred in the structure of the body as the result of disease. In the late 18th century, writings on these topics began to appear. These included, ‘A Treatise on Forensic Medicine and Public Health, by the French physician Francois Immanuele Fodere and ‘The Complete System of Police Medicine’ by the German medical expert Johann Peter Frank.


1800s- Toxicology: Matheiu Orfila is known as the father of modern toxicology. In the early part of the 19th century he established in Paris methods of scientific chemical analysis of poison, which are in use even today. In India, during the nineteenth century, when the cases of death due to poisoning posed a problem to the law enforcement agencies, a need was felt for isolating, detecting and estimating various poisons absorbed in the human system. The first Chemical Examiner's Laboratory was, therefore, set up for this purpose at the then Madras Presidency, under the Department of Health, during 1849. Later, similar laboratories were set up at Calcutta (1853), followed by one each at Agra (1864) and Bombay (1870). These laboratories were equipped to handle toxicological analysis of viscera, biological analysis of stains of blood, semen, etc. and chemical analysis of food, drugs, and various excisable materials to provide scientific support to the criminal justice delivery system within their limited means.

 

1820s- Ballistics:

Eugene Francois Vidocq pioneered the first use of ballistics and began taking plaster casts of shoe imprints. Henry Goddard at Scotland Yard perfected the science of ballistics and pioneered the use of bullet comparison in 1835. He developed a comparison microscope for comparison of crime and test fired bullets to determine whether or not a particular weapon was used in the offence. In India in 1930, an Arms Expert was appointed and a small ballistic laboratory was set up under the Calcutta Police to deal with the examination of firearms. As the menace of firearms grew, other State CIDs also established small ballistics laboratories to help them in the criminal investigation. 

1879- Anthropometry: Alphonse Bertillon of France was first to evolve a scientific system of personal identification. In 1879, he developed the science of Anthropometry, a systemic procedure of taking a series of body measurements to facilitate distinguishing one individual from another. With the invention of photography, he was the first to use it in criminal investigation. In 1881, he began to take standard pictures of all French criminals and file them in the Bureau of Identification, then in Paris. His efforts have earned him the distinction of being known as the Father of Criminal Investigation. In India, while some progress was made in the identification of poisons, the identification of people, specifically criminals, was still being done in a rather haphazard manner. Policemen would try to memorize convict's face so that they could recognize him if he got involved in another crime later. With the introduction of photography, the Criminal Investigation Department (CID) maintained records of every known criminal including a detailed description of his appearance. With the invention of Bertillon's anthropometric system in 1879, India, along with the other countries of the world, adapted Bertillon's system of personnel identification and thus an Anthropometric Bureau, for maintaining anthropometric records of criminals, was established in 1892 at Calcutta.


1892- Fingerprints: Sir William Herschel was one of the first to advocate the use of fingerprinting in the identification of criminal suspects. While working for the Indian Civil Services, he began to use thumbprints on documents as a security measure to prevent the then-rampant repudiation of signatures in 1858. Francis Galton undertook the first systematic study of the fingerprints. He developed a methodology of classifying the fingerprints for filing purposes. In 1892, he published a book on fingerprints giving a sound statistical proof of uniqueness of individualization through fingerprints. He had calculated that the chance of a "false positive" (two different individuals having the same fingerprints) was about 1 in 64 billion. Juan Vucetich, an Argentine chief police officer, created the first method of recording the fingerprints of individuals on file. In 1892, after studying Galton's pattern types, Vucetich set up the world's first fingerprint bureau. In India, Henry approached the Government to seek approval for replacing the anthropometric data by fingerprints for the identification of habitual criminals. Government readily agreed, and the first fingerprint bureau in the world was officially declared open at Calcutta in July 1897, although the collection of record slips had started a few years earlier. Thus, the personnel identification solely on the basis of fingerprints commenced in India. 

1901- Serology: Karl Landsteiner in 1901 discovered that blood could be grouped into different categories. Following this, in 1910, Dr. Leone Lattes of Italy devised a relatively simple procedure for determining the blood group of dried bloodstains and immediately adopted this technique for criminal investigation.


In India, when the science of examining human blood developed, it became possible to examine blood and seminal stains in criminal investigations. Realising the importance of Forensic Serology, an institute named as ‘Serology Department’ was established in Calcutta in 1910. Though the scientific techniques for serological examination were at the infancy stage, this institute provided valuable scientific support by analyzing biological materials for crime investigations. After independence, the department was renamed as ‘Office of the Serologist and Chemical Examiner to the Government of India’. 

1910- Principle of Exchange: Edmund Locard is responsible for the famous ‘Principle of Exchange’, which forms the basis of forensic examination of physical evidence. Its states that “every contact leaves a trace”.This is also known as the Locard Exchange Principle and has formed the foundation of trace evidence collection and analysis for over a century and still plays a central role in 21st century forensic science.

1984- DNA profiling: In 1984, Sir Alec Jeffery developed a science of DNA profiling and found that every human being has a unique DNA structure. He realized the scope of DNA fingerprinting, which uses variations in the genetic code to identify individuals. The method has since become important in forensic science to assist police detective work, and it has also proved useful in resolving paternity and immigration disputes. In India, in response to the rising demands of providing high technology to the crime investigation process, the first Forensic DNA Typing facility was established at CFSL, Calcutta, during 1998. The implementation of this state of the art technique represents significant advancements in the forensic biology in the country. The DNA Typing Unit at CFSL, Calcutta is equipped with the most contemporary techniques of DNA typing, namely, Polymerize Chain Reaction (PCR) based method, Locus Specific Restricted Fragment Length Polymorphism technique, etc. This laboratory, after being functional, has been referred many crime cases pertaining to murder, rape, rape and murder, paternity disputes, organ transplant, exchange of babies in hospitals etc.

Equality before law

  Equality before law “The state shall not deny to any person equality before the law. Meaning of right to equality This means that every pe...