SCARS, MOLES AND ITS RELEVANCY IN CRIMINAL INVESTIGATION

By: Harshita Gupta

Published by: Indian Law Portal
https://indianlawportal.co.in/scars-moles-and-its-relevancy-in-criminal-investigation/

Abstract:
The investigation begins with the identification and retrieval of physical evidence at the crime
scene. It carries on its study, review of the results and presentation to the court of law of the
findings. The forensic method, the scientific disciplines and the specialized services offered by
forensic laboratories should be properly understood by all staff involved from the first responders
to the end-users of the information. Investigation of the crime scene is a process which aims to
document the scene as it is first encountered, and to identify and collect all the material evidence
reasonably exculpatory to the case resolution. Scars and Moles are the body marks which help in
recognition of a person who maybe accused of the crime. In this article the author has mentioned
the importance of analyzing these bodily marks.

Keywords:
Criminal investigation ~ Police office ~ Scars ~ Moles ~ Bodily Marks ~ Forensic technique ~
DNA ~

Introduction:
Police duties include a broad variety of tasks including awareness, crime prevention, traffic control
and own resource planning. Their primary responsibility, though, is to investigate and prosecute
crime or alleged crimes. The responsibility of the police in criminal cases is to represent
judiciary needs and not simply to secure prosecutions. The police should therefore deal with a wide
range of technicians and specialists to investigate crime. The forensic scientists and pathologists
are among the most significant.
Specific forms of material or hard evidence can be identified at almost every crime scene. The
forms of evidence and their sources can help investigators and experts to acknowledge
and understand how the crime has been perpetrated.
What is Criminal Investigation?

The criminal investigation, the collection of procedures for the detection of crimes and the
prosecution of criminals. The criminal investigator is involved in identifying the techniques,
triggers, and motives of offenders, and the identification of victims.

According to clause (h) of section 2, Investigation includes all the proceedings under this Code for
the collection of evidence conducted by a police officer or by any person (other than a Magistrate)
who is authorised by a Magistrate in this behalf. 1

An investigation is a vital part of criminal proceedings. The initial step after the committing of a
crime or the reception by a police officer of information on execution of a crime is “investigatio n. ”
The aim is to recognize the suspect and prosecute him for prosecution in compliance with the
provisions of the Code. The police officer have powers to prosecute cognizable crimes under
section 156 of the Criminal Procedure Code. In Non-Cognizable cases, the police officer has no
right to investigate without warrant, and must seek a warrant under Section 155(2) of the Code.

Forensic technique and DNA

The word ‘forensic’ comes from the Latin word ‘forens’ which means tribunal. This means 'in
relation to the courts;' this does not mean ‘science’ in itself. Forensic Science is defined as “The
application of science to those criminal and civil laws that are enforced by the police agencies in
a criminal justice system”.
Forensic scientists are those who use their scientific expertise to solve crime; for instance,
biologists and chemists who study samples of blood, fluid or substance from a scene of the crime.
Their experience helps the police decide what could have happened, and who might be responsible.
The forensic pathologist is a medical professional specialized in pathology research, and operating
in court framework. It also includes testing a deceased person to obtain appropriate samples or
proofs. Forensic pathologists do not usually deal with living victims or that of physical assaults or
accidents.

1 The Code of Criminal Procedure, 1973

DNA test is now a predominant forensic technique for identifying criminals when biologica l
tissues are left at the scene of crime. DNA testing on samples such as saliva, skin, blood, hair or
semen not only helps to convict but also serves to exonerate. The sophisticated technology makes
it possible to obtain conclusive results. DNA test is a proof or paternity/legitimacy of a child. On
refusal by the opposite party to give sample of blood for conducting DNA test, a strong inference
would be drawn against him. The report of ‘DNA Finger Printing' issued from, DNA finger
Printing and Diagnostic Centre, Hyderabad’ which is a central government undertaking for a DNA
test can be admitted in evidence without examining the expert under Section 293, Cr.PC. The
evidence of the DNA expert is admissible in evidence as it is a perfect science.

What are Scars and Moles?

A detailed verbal and visual record of all body marks is part of external inspection of an individ ua l,
a victim injured or a suspect. Those include characteristics such as marks, moles, piercings, tattoos
and scars. Body marks may be descriptive of a person and may be used to help in identificatio n,
in accordance with clinical or forensic reports and family member’s identification.

Scars are mostly the product of prior accidents, assaults or wounds which may need medical care
and is an ideal starting point for the pathologist who wishes to make a definitive identification. In
drug users, scars carved out on needle tracks are informative and milieu of many crimes.
Hospitals; record in detail all injuries and in particular for injuries that require an operation of the
kind to rectify the situation. Such procedures were either small-keyhole surgery or major invasive
procedures, but all of them create the strong visible mark i.e. scar.

Another significant body mark is the imprints of birth. Birthmarks are benign blood vessel tumors
that are just underneath the skin. Often at birth, as the name indicates, they are present even
although they could fade over time. The way a birthmark is formed and positioned can be essential
to help determine someone suspected of a crime. Moles and warts are important skin
characteristics, although they are commoner than a birthmark but also less individual.
Need for Biometrics or Forensic Technique in Investigation

Forensic science plays a crucial role in the criminal justice system by providing scientifically based
information through the analysis of physical evidence, the identity of the culprit through personal
clues like fingerprint, footprints, body marks etc.

Based on anatomical and behavioral characteristics of individuals (e.g. fingerprints, body marks,
signature and gait etc.) a vast array of biometric technologies have been developed. Despite the
enormous advances in technology, there are many circumstances in which foremost biometric
traits are not present and where the quality of the sensed images is deficient. Soft biometric traits
like height, sex, color of the eye, ethnic origin, scars, moles and tattoos can be used to identify a
person in such cases. While these alternative features cannot be differentiated distinctively, they
contain discrimination that reduces the possibilities.

Law enforcement agencies therefore collect this type of demographic information in their
databases and maintain it. Within the world of law enforcement and forensics several soft-
biometric features like scars, moles and tattoos (SMTs). Criminal investigation is a significa nt
application since SMTs also offer insight into the past and history of a person, such as membership
in gangs, ethnicity, prior convictions and years in prison.

Case Laws

State of NCT Delhi V. Sujeet Kumar2

Delhi police investigated the case of horrific rape and unnatural sexual act with a four-year - old
girl living in a slum dwelling and DNA profiling was used to link the suspect to the ghastly act of
sexual assault. After examining the detailed analysis of the child's testimony and differe nt
methodologies involved, the court approved the findings of the investigation based on DNA
reports and other evidence and found the accused guilty and set aside the acquittal order passed by
the court.

The State of Bombay V. Kathi Kalu Oghad & Others 3

2 2014 SCC Online Del 1952

3 1962 SCR (3) 10
The court held that giving thumb impression, specimen signature, blood, hair, semen etc. by the
accused do not amount to ‘being a witness’ within the meaning of the said Article. The accused,
therefore, has no right to object to DNA examination for the purposes of investigation and trial.

Conclusion:
The use of such technology in criminal investigations and trials has been given rising importance
in the Indian scenario. The committees appointed to reform the criminal justice system have
affirmed that the infusion of crime detection technology can help the system work in more effic ie nt
way. The applicable legislation has occasionally been amended to make room for the use of
forensic technologies in the investigation and trial of crime.

Nevertheless, it can be assumed that the laws need to be revised because of the flaws. Also, due to
their restrictive approach, the courts are reluctant to depend on empirical proof, or certain inherent
flaws in the evidence produced in court, that prevent them from focusing solely on it. Fair justice
is the main motto of the criminal justice system. Of course, forensic proof is more genuine than
ocular proof. Forensic research is a boon for the criminal justice system as forensic evidence. The
perceived flaws must be fixed in order to make progress.

Frequently Asked Questions (FAQ’s):

 What is Criminal Investigation?
 Scars and moles, both are bodily marks. How to differentiate between them?
 How is police responsible in forensic investigation?
 What is Forensic study?

References:
Books-
Principles of the Law of Evidence by Dr. Avtar Singh, Central Law Publications.
R.V. Kelkar’s Criminal Procedure, Eastern Book Company.
Law of Evidence by Mayank Madhaw, Singhal Law Publications.
Websites-
http://www.legalserviceindia.com/article/l153-Forensic-Evidence.html
https://archives.fbi.gov/archives/about- us/lab/forensic-science
communications/fsc/april2008/research/2008_04_research01.htm