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RESEARCH PROJECT ON
“Evidentiary Value of Post-mortem ForensiTo!i olo"y#Con eived and Pre$ared
%y
SR&N&VAS' AC
%A()*((+(
Su,mitted to
Prof' iss' .ee$a ani /am0
Fa ulty of Eviden e la10
TNN2S0 Tri 3y
Semester V&
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.EC2ARAT&ON
I Srinivas'AC , hereby declare that this project work entitled Evidentiary Value of
Postmortem Forensic Toxicolo y has been ori inally carried out by me under the uidance and
supervision of iss' .ee$a ani /am0 !ssociate Professor of "aw, Tamil #adu #ational "aw
$chool, Tiruchirappalli % &'( (()* This work has not been submitted either in whole or in part of
any +e ree +iploma in this Institution or any other Institution -niversity*
Place . Tiruchirappalli
+ate . /)%(0%'(/&
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AC4NO52E.6E ENT
Thanks to the !lmi hty who ave me the stren th to accomplish the project with sheer
hard work and honesty* This research venture has been made possible due to the enerous co%
operation of various persons* To list them all is not practicable, even to repay them in words is
beyond the domain of my lexicon*
1ay I observe the protocol to show my deep ratitude to the venerated Faculty%in%char e
1iss* +eepa 1anickam, for his kind esture in allottin me such a wonderful and elucidatin
research topic* !part from that I would like to thank my friends for their support and su estions
durin the process of makin this project*
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TABLE OF CONTENTS
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A%STRACT
EV&.ENT&AR7 VA28E OF POST- ORTE FORENS&C TO9&CO2O67
Evidence is the heart of all cases which is vital in movin up with the alle ations*
It has various classifications and it differs case to case* 6uman body consists of
complex structures that stimulates the study of forensic sciences in providin an
evidentiary value to all criminal cases especially injuries leadin to death* 1edical
:urisprudence or forensic medicine is said to be not an exact science and it is not possible to state with mathematical precision, for instance, the exact time of the
death or when certain injuries have been inflicted* 6owever, experts in forensic
medicine play a very important role in criminal proceedin s and their evidence is
often relied upon by the courts in arrivin at a certain conclusion* $ection => and
=& ?uestions as to the cause and time of the death, whether a particular dru is
capable of causin the death, etc* !nd that will be affirmed throu h these forensic
evidences which helps in achievin justice* This paper aims to describe and discuss
the evidentiary value of postmortem forensic toxicolo y*
4E7 5OR.S:
1edical :urisprudence, Forensic $ciences, Toxicolo y, Postmortem 3eport, Expert
opinion*
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&NTRO.8CT&ON
@In the middle of /)th century natural science be an to develop by leaps and bounds* The mystic
theories theretofore advanced to explain the scheme of thin s be an to lose round as the clear,
cold lo ic of scientific experiment radually shed a new li ht on the mysteries of universe* The
chan e in point of view from the mystic to the scientific soon became apparent not only in
criminal investi ation but in the different facets of the le al system* #ow there emer ed two
facets of a sin le case* The facet stated and the facet proved from scientific view point* The era
of forensic science had arrived*
!ccordin to one definition, the word @forensicA means the application of scientific knowled e
to le al problems* The term @forensic scienceA refers to a roup of scientific disciplines which
are concerned with the application of their particular scientific area of expertise to law
enforcement, criminal, civil, le al, and judicial 1atters / * Forensic $cience is application of
science or scientific techni?ues to the law and to solve crime* Forensic Experts, Forensic
$cientists, 4rime Investi ators and Examiners applies forensic science techni?ues to solve crime,
examine B authenticate. evidences, suspected documents, fin erprints, di ital files etc*C
The results of forensic related investi ations are often detailed in a forensic report* These reports
are often used for several purposes, includin billin , affidavit of Indian Evidence !ct, which were hi hly
appreciated, accepted and acknowled ed for accuracy and expertise*
Forensics include% the examination of scenes of crime, recovery of evidence, examination of
evidence, interpretation of findin s and presentation of the conclusions or results reached for use
in court justice ' * +urin an investi ation, forensic evidence is collected at a crime scene,analyDed in a laboratory and often presented in court* Each crime scene is uni?ue, and each case
1 Forensic Science in Criminal Investigation & Trials, B. R. Sharma, Fourth Edition, UniversalLaw u!lications
2 Forensic Science in Criminal Investigation, "r. #ai Shan$er Singh, Uni%ue Law u!lications.
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presents its own challen es* 4omplex cases may re?uire the collection, examination and analysis
of a lar e amount of evidence*
These cases may involve multiple forensic experts with back rounds in biolo y, chemistry,
physics, computer science and other disciplines* These forensic scientists work separately to
analyDe the evidence in a particular case 0*
Forensic science is the use of science in the service of the law* $ciences used in forensics include
any discipline that can aid in the collection, preservation and analysis of evidence such as
• 4hemistry for the identification of explosives ,
• En ineerin for examination of structural desi n
• 2iolo y for +#! identification or matchin *
! forensic scientist is expert in any technical field and can provide an analysis of the evidence,
witness testimony on examination results, technical support and even trainin in his or her
specialiDed area*
!nalysis of forensic evidence is used in the investi ation and prosecution of civil and criminal
proceedin s* 5ften, it can help to establish the uilt or innocence of possible suspects* Forensic
evidence is also used to link crimes that are thou ht to be related to one another*
T3e &ndian S enario
"et us first cultivate the le al aspect of forensic and medical evidence in the India* !s per $ection => of Indian evidence !ct /GH'% hen the 4ourt has to form and opinion upon a point of
forei n law or of science or art, or as to identity of handwritin or fin er impressions, the
opinions upon that point of persons specially skilled in such forei n law, science or art, or in
3 htt '((www.)orensic*medecine.in)o()orensic* atholog+.html
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?uestions as to identity of handwritin or fin er impressions are relevant facts* $uch persons are
called experts*
Further as per $ection =& of Indian evidence !ct /GH'% it is stated that facts, not otherwise
relevant, are relevant if they support or are inconsistent with the opinions of experts, when such
opinions are relevant*
Thus the in redients of section => and section =& are hi hli hts that.
/ The court when necessary will place its faith on skills of persons who have technical
knowled e of the facts concerned*
' The court will rely the bona fide statement of proof iven by the expert concluded on the basis
of scientific techni?ues*0 The evidence considered irrelevant would be iven relevance in eyes of law if they are
consistent with the opinion of experts*
Thus we see that expert evidence helps the courts to draw lo ical conclusions from the facts
presented by experts, which are based on their opinions derived by their specialiDed skills
ac?uired by study and experience* 6ence, experts are routinely involved in the administration of
justice particularly in criminal courts*
6i hli htin the situation in the most commonly sou ht after experts.
T3e edi al E!$erts:
In India, we have adversarial system of justice administration and ordinarily medical evidence is
admitted only when the expert ives an oral evidence under oath in the courts of law expect
under special circumstances like.
a hen evidence has already been admitted in a lower courtJ b Expert opinions expressed in a treatiseJ
c Evidence iven in a previous judicial proceedin J
d Expert cannot be called as witnessJ
e 6ospital records like admission dischar e re ister, birth death certificates etc*
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In, India, it is a common perception that lot of time and effort is re?uired to record evidence and
therefore by enlar e members of the medical profession does not like to involve in medico le al
cases* $ome of the possible reasons put forward for this perception are.
a -ndue time consumptionJ
b 3epeated adjournmentsJ
c "ack of work culture in the courts
6ardly, any scientific data is available to support or refute this perception in relation to medical
evidence* Therefore, it was planned to undertake a pilot study to analyDe the ?uantum of time
and effort put in by medical experts to et the evidence recorded in criminal courts and other
issues related to it =*
Prin i$le:
!ccordin to the $ection => the opinions of persons who have special skill in forei n laws,
science or art, and on handwritin and fin er impressions are relevant* -nder certain
circumstances the evidence of opinions of persons who are called Kexperts
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has devoted time and study to a special branch of learnin , and thus is specially skilled on those
points on which he is asked to state his opinion*A The opinion of such experts is admissible in
evidence as relevant facts by virtue of $ection => of the Evidence !ct* here the si nature on
7erox copies of acknowled ements was disputed it was held that comparison by handwritin
expert is not necessary*
E!$ert o$inion:
$ection => clearly deals with the opinion of persons who are called experts* There are matters
mentioned in the section in which help is re?uired from witnesses havin experiences and skill
and the opinion iven by such witness is expert opinion* The evidence of a doctor conductin
post mortem without producin any authority in support of his opinion is insufficient to rant
conviction to an accused*A 2ut, the opinion of the doctor who actually examined the injured andconducted the post mortem examination must be preferred to the expert opinion of the doctor
who ave his opinion on the basis of the injury report, 7%ray report, and post mortem report* It
was also held that credible ocular testimony was preferable to medical opinion*
The three illustrations appended to this section show the relevancy of the opinion of experts* The
report of an official of the !nti%4orruption 2ureau as to the course of investi ation has been held
to be not that of an expert* here the a e of the rape victim was fixed by the doctor only by
chemical examination and ossification test or other patholo ical tests were not performed it washeld that the assessment of a e so made was on fra ile premises* The medical report determinin
the a e of a person held, is never conclusive in nature >*
!lthou h $ection => makes the opinion of experts relevant the court is not always bound to
accept the expert opinion, because the evidence of an expert is a weak type of evidence and
courts to consider it unsafe to relay on it without independent and reliable corroboration* @Expert
evidence can be used to corroborate other evidence* The expert opinion is only advisory and the
court has to form its own opinion*A Expert opinions, even when proved in accordance with law,at the best constitute material for the court, to arrive at a proper conclusion, the ultimate
discretion to pronounce upon concerned issues rests with the court*
! Expert "itness #ode o$ #onduct% Part 2 , 'ule (# and Part 2 ), 'ule 2 *+"% )ttorneyeneral-s Depart.ent la/lin0% ) aila le $ro. http ///%agd%ns/%go %au dc%ns$ pages
/itcode top %
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E!$ert O$inion v O$inions of Ordinary 5itness:
It is also well settled that opinion of an expert cannot be more reliable than that the statement of
a witness of fact* ! court also may compare the disputed writin with admitted writin under
section H0 of the !ct* 2ut it must be borne in mind that the conclusions based on merecomparison of handwritin , must, at best be indecisive and yield to the positive evidence in the
case* hen there is conflict of opinion between the experts, then the court is competent to form
its own opinion with re ard to si natures on a document* here there is medical evidence and
ocular testimony normally ocular testimony should be preferred unless it belies fundamental
facts*
In certain classes of cases the opinions of ordinary witnesses are not only of helpful but in case
of necessity these are admitted* It is unsafe to base a conviction wholly an expert opinion withoutsubstantial corroboration* The court accepted the evidence of a wife as to the paternity of a ten
mouths< old child, in spite of unanimous opinion of several doctors*
$ubject matters of in?uiry.
.ru"s and Nar oti s:
4ontraband was seiDed under the #arcotic +ru s and Psychotropic $ubstances !ct, /)G>* The
analyst in his chief examination stated that the contraband was @charas*A It was held that the
probative value of his evidence could not be destroyed merely because in cross%examination he
could not answer whether the contraband contained cow dun also &*
Post mortem re$ort:
! post mortem report is no evidence* $ufficient wei hta e should be iven to the evidence of the
doctor who has conducted the post mortem, as compared to the statements found in the text%
books, but ivin wei hta e does not ipso facto mean that each and every statement made by a
medical witness should be accepted on its face%value even when it is self%contradictory H*
edi al eviden e v' O ular eviden e:
5 Law Relating to arcotic "rugs and s+chotro ic Su!stances in India, R. . -ataria, SecondEdition, rient u!lications
6 htt '((www.)orensic*medecine.in)o()orensic* atholog+.html
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+eath was caused by un shoot injury* 5cular evidence was that the firin took place from a lon
ran e, where medical evidence had shown from close ran e* !ccordin to court the tattooin or
charrin of wound depend upon the constituents of propellant char e and the nature of un have
role to play G* 6ence, plea as to conflict in ocular and medical evidence re ardin distance of
firin is not tenable*
Evidentiary value:
!s the expert opinion is a weak type of evidence it is usually considered to be of li ht value* The
evidence of expert is not conclusive* The opinion of the expert is not bindin upon a jud e and
that is why the court can refuse to rely on the evidence of an expert if it is not supported by
circumstantial evidences*
The $upreme 4ourt once observed that there is natural tendency on the part of expert witness to
support the view of the party who called him could not be down raded* 1any so%called expert
have been shown to be remunerated witnesses makin themselves available to hire to pled e
their oath in favor of party payin them*
#o opinion of an expert is admissible unless he has been examined as witness* The adverse party
has a ri ht and opportunity of cross%examinin the expert* 2efore expert testimony can be
admitted, @two thin s must be proved, viD*.
i The subject is such that expert testimony is necessaryJ
ii That the witness in ?uestion is really an expert*A
@It is the duty of the jud e to decide whether the skill of any person in the matter on which
evidence of his opinion is offered, is sufficient to entitle him to be considered as an expert*
4redibility and competence of an expert are material ?uestion*A The evidence of an expert is only
an opinion* It is not the province of the expert to act as a jud e or jury* ithout examinin the
expert as a witness in the court no reliance can be placed on his opinion ) *
Cri L # /00/ 112*1/1
( t. armanand -atara v. Union o) India. 3IR. SC, 14245 /064*/078
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2efore venturin in the fascinatin and intri uin world of 1edical $cience and let us try to seek
the link between evidence and forensic science*
Forensi To!i olo"y
Forensic toxicolo y is the use of toxicolo y and other disciplines such as analytical chemistry, pharmacolo y and clinical chemistry to aid medical or le al investi ation of death, poisonin ,
and dru use* The primary concern for forensic toxicolo y is not the le al outcome of the
toxicolo ical investi ation, but rather the technolo y and techni?ues for obtainin and
interpretin the results* ! toxicolo ical analysis can be done to various kinds of samples* The
first comprehensive work on forensic toxicolo y was published in /G/0 by 1athieu 5rifila* 6e
was a respected $panish chemist and the physician who is often iven the distinction of Lfather
of toxicolo y*L 6is work emphasiDed the need for ade?uate proof of identification and the need
for ?uality assurance* It also reco niDed the application of forensic toxicolo y in pharmaceutical,
clinical, industrial and environmental fields* $ome of the samples used in Forensic Patholo y are
-rine, 2lood, 6air sample, 5ral fluid and other bodily fluid /( *
Why and when is forensic toxicology used?
In post%mortem investi ations, suspected dru s overdoses are clear situations where toxicolo y is
re?uired to establish if an excessive intake of the dru occurred and, if so, whether this
contributed to death* 4onversely, toxicolo y can eliminate the possibility of a dru overdose if concentrations are not capable of causin death, iven all other factors* This means that
toxicolo y testin can produce a positive result even in cases where dru use is not mentioned in
the police circumstances* This is not surprisin iven the wide availability of potentially toxic
substances, both le al and ille al* In addition, concentrations of substance chan e after death
makin any interpretation difficult, no matter the concentration*
In 1any cases, poisons may be detected by the toxicolo y laboratory but are not necessarily a
cause of death, rather their presence may be relevant in the circumstances of death* For example,alcohol and impairin dru s are found in about half of all drivers killed in motor vehicle crashes
in !ustralia, nearly one%% 7third 0/M of all traffic%%7related deaths in the -nited $tates and in a
si nificant proportion of other accidental deaths* !lcohol and or dru s are also found in a
18 -S Redd+. 9The Essentials o) Forensic :edicine and To;icolog+.
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3e ardin their expertise* Each court can accept any person as an expert, and there have been
instances where individuals who lack proper trainin and back round have been declared
experts* hen necessary, the opponent can ?uestion potential witnesses in an attempt to show
that they do not have applicable expertise and are not ?ualified to testify on the topic* The
admissibility decision is left to the jud e*
Jia /3an ase
1umbai 1irror reported that the results raised a stron suspicion that her death mi ht be a
murder* :iahOs mother, 3abia always maintained that her dau hter hadnOt committed suicide* $he
has now asked for her body be exhumed and re%examined* +r 3; $harma, former head of
+epartment of Forensic 1edicine and Toxicolo y, !II1$, said that there mi ht be a Lstron possibilityL of :iah death bein La homicidal han in *L 6e blames 4F$" for not investi atin
properly and destroyin the sample which should have been sent for +#! testin *
3eferrin to the 0(( ml of alcohol that was found in :iahOs stomach, +r $harmaOs report said that
Lif that amount of alcohol was found in her body, then she was clearly incapacitated and it is
possible for an able%bodied person to han an incapacitated person*L
Sunand3a Pus3/ar;s ase
The controversy over the death of $unanda Pushkar, wife of 4on ress 1P $hashi Tharoor, took a
new turn with the leak of her latest post mortem report submitted to !II1$, that stated the cause
of death as Lpoisonin L* The +elhi police have been asked to Ore%examineO the case, followin the
latest revelation* The findin could now pave the way for the +elhi Police to re ister a First
Information 3eport FI3 a ainst unknown persons and take up the investi ation a ain* 6owever
+elhi Police spokesperson 3ajan 2ha at told I!#$ that Lunder section /H= of the 4riminal
Procedure 4ode, the in?uest proceedin in the $undanda Pushkar case is still pendin and we
didnOt add anythin to it*L The came around ten days after the post mortem report of the 4entral
Forensic $cience "aboratory 4F$" was submitted to the +elhi Police by the !ll India Institute
of 1edical $ciences !II1$ *
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It states that the traces of the dru alprax, which was found in her body, was not enou h of a
lethal dose to kill her* LIt also states that $unanda was not sufferin from "upus a chronic
inflammatory disease that occurs when the bodyOs immune system attacks tissues and or ans as
claimed by her husband $hashi TharoorL, the #ew Indian Express reported, addin that LThe
report demolished several previous findin s that claimed $unanda was not sufferin from any
ailments and that she was healthy and had no disease of heart, kidney, liver or lun *L
The leaked report said that the !II1$ medical board Lhad thorou hly pursued the various
documents that were submitted to them by the investi atin officers alon with the post mortem
report and histopatholo y report of viscera after which it was concluded the cause of PushkarOs
death was poisonin L* Viscera are positive for ethyl alcohol, caffeine, acetaminophen and
cotinine*
The document also revealed that the medical report reserved comment on the specific poison or
chemical responsible since there were a lot of limitations on the viscera report* 6owever a
6industan Times report notes that Lsenior officers privy to the Linformal communicationA said
both reports were OinconclusiveO, OmuddledO and Obased on conjectureO and that they were yet to
take a call on their course of action* The !II1$ report just reiterated the results forwarded to us
by F$"* !ll it said was that Pushkar could not have died of an !lprax overdose* !t the same
time, both communications failed to specify the nature of poison that they claimed led to her
death* LThe duration of injuries have been opined already* 6owever, the reason of these physical
injuries, circumstantial evidences and statements have not been submitted by the investi ative
officer,L the report states* Pushkar, >', was found dead in her room at a five%star hotel in south
+elhi on /H :anuary*
Con lusion
There is a unanimity that medical and forensic evidence plays a crucial role in helpin the courts
of law to arrive at lo ical conclusions* Therefore, the expert medical professionals should be
encoura ed to undertake medico le al work and simultaneously the atmosphere in courts should
be con enial to the medical witness* This attains utmost importance lookin at the outcome of
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the case, since if ood experts avoid court attendance, less objective professional will fill the ap,
ultimately affectin the justice* The need to involve more and more professionals in expert
testimony has been felt by different or aniDations* A
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%&%2&O6RAPH7
/* ;$# 3eddy* @The Essentials of Forensic 1edicine and Toxicolo yA*'0rd ed* '((= *
'* VV Pillay, @Textbook of Forensic 1edicine and Toxicolo yA* /=th ed* 6yderabad. Paras
Publishin *0* "aw 3elatin to #arcotic +ru s and Psychotropic $ubstances in India, 3* P* ;ataria,
$econd Edition, 5rient Publications
=* Forensic $cience in 4riminal Investi ation B Trials, 2* 3* $harma, Fourth Edition,
-niversal "aw Publications
>* Forensic $cience in 4riminal Investi ation, +r* :ai $hanker $in h, -ni?ue "aw
Publications*&* http. www*forensic%medecine*info forensic%patholo y*html
6% http. www*indianexpress crimescene indiancourtreport sunandhapushkar%(0'/0/