CHAPTER 4
Protection of Human Rights
through Scientific Investigations
A. Introduction
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. References to these are found in Kautilya’s
‘Arthashastra,’ which was written about 2300 years ago. 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 infallible.40
Over the years, the requirements of investigations have diversified in
accordance with crimes, which in today’s world have become extremely
complex. Modern technological developments including progress in
communication technology have facilitated criminals in the commissions
of crimes across the globe. Crimes involving computers are a case in point.
Such crimes can range across the spectrum of criminal activity, from child
pornography to theft of personal data to destruction of intellectual property.
Those who investigate computer crimes have to understand the kind of
potential evidence they are looking for in order to structure their search.
Files may have been deleted, damaged, or encrypted, and the investigator
must be familiar with an array of methods and software to prevent further
damage in the recovery process. This in turn has made it imperative to
have more effective methods of cyber crime control and their investigations.
An alarming trend observed over the period is the large number of acquittals
in criminal cases. In the Anglo-Saxon Model of jurisprudence followed in
our country, the burden of proof is on the prosecution to prove a case beyond
reasonable doubt. Proof in majority of the criminal cases rests mainly on
oral testimony. Experience has shown that oral testimony is rejected in
majority of the cases either because witnesses who are examined long after
40
Tewari RK, Ravikurnar, KV. Development of Forensic Science in India: A Historical
Account. Journal of the Indian Academy of Forensic Sciences 1999
Manual on Human Rights for Police Officers
93
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