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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