Chapter 1: Introduction of Forensic Science

History and Development of Forensic Medicine and Medical Jurisprudence

Forensic: The word forensic is derived from the Latin word forensis meaning a public place where in Roman times, senators and others debated and held judicial proceedings.  Forensics is the art and study of argumentation and formal debate. Scientific interpretation of the facts related to criminal activities and other disputes. This is the subject relating to or dealing with the application of scientific knowledge to legal problems. There are two parts of forensics namely forensic medicine and forensic science. 

Forensic medicine: application of facts and knowledge of Medical Science for the purpose of law. Forensic Sciences: application of facts and knowledge of diverse field of sciences for the purpose of law

What is Forensic/ legal medicine or forensic pathology? - Forensic is forums of or used in Courts of Law deals with the application of medical and paramedical knowledge to aid in the administration of justice. It deals with the medical aspects of law, for ex: - Applying medical knowledge in deciding cases of injuries, murder, suicide, accidents, sexual offences, poisoning, etc. Source: Dr. K. S. Narayan Reddy & Dr. O.P. Murty, ‘The essentials of Forensic Medicine & Toxicology’, 34th edition 2017, The Health Science Publisher, New Delhi| London | Panama, p.1. 

It is the branch of medicine  which deals with the application of facts and knowledge of medical science for the purpose of law and justice. The application of facts and knowledge of Medical Science for the purpose of law. This is regarded as the medico-legal examination or investigation. It is a branch of medicine also known as medical/forensic pathology.  This is essential in crimes related to the human body which treats it as an object.

Medical Jurisprudence; deals with the legal responsibilities of the medical doctor in professional practice.

Forensic Jurisprudence: - The word forensic is derived from the word forum. The meaning of forensic is related to laws and court procedures. It deals with the legal responsibilities of the physician with reference to those arising from physician-patient relationship, such as medical negligence cases, consent, rights and duties of doctors, serious professional misconduct, medical ethics, etc.  It deals with the legal aspects of the practice of medicine. Source: Dr. K. S. Narayan Reddy &Dr. O.P. Murty, ‘The essentials of Forensic Medicine & Toxicology’, 34th edition 2017, The Health Science Publisher, New Delhi| London | Panama, p.1 It is a subject to study about the legal aspects of evidence.

Forensic Science: Forensic science refers to a branch of knowledge which deals with the application of all sciences for the administration of both criminal and civil justice. Forensic science is a discipline where the knowledge of all sciences is applied to help the courts deliver justice. Source: Dr. Ramesh Parajuli, ‘Forensic Jurisprudence’, Pairavi Book House, 2017, p.1

In broadest terms forensic science is the application of science to laws. It is the application of scientific principles and methods for investigation of crimes.

Richard Saferstein ``Forensic Science is the application of sciences to those criminal and civil laws that are enforced by police agencies in a criminal justice system”.

B.R. Sharma, “Forensic Science in criminal investigation and trials is mainly concerned with materials and indirectly through materials with men, place, and time.

Forensic science arises with the rise of disputes. For example: People A gets hurt by falling on the ground then he/she can do a medical examination but what if the hurt is caused by inflection of any other person then in this type of situation there arises forensic science. The court is an expert of law but not that of facts.  There is no error in forensic science, the doubt of benefit goes to experts. There exists  The intention and the course of establishing intention prosecutors must be proved financially and to ascertain the circumstantial evidence. Furthermore, the extension of evidence law is forensic medicine. 

For example: - 

• Rape offences.
• Rape can be defined as an institution as there exists various actors and legal behavior relationship and law.
• (Section 219 of MPC 2074):
• There exists law and facts (factual and legal aspect)
• All the conditions mentioned in the Section 219 except the provision mentioning no one shall commit rape and the man shall be considered to commit rape on such woman or girl child  is the facts
• Facts in this section are matters relating such age factors, sane/insane indications, use of force (penetration/not penetration), consent, and others. 
• The circumstantial and consequential related factors in a crime like rape is established by forensic science. (It gives the knowledge about the penetration or not but it cannot be specific in regard of the objects penetrated inside)
• The actus reus in various types of offenses are established on the basis of forensic science.

It is also deemed as the application of the facts and knowledge from the diverse field of sciences for the purpose of law or justice. Comparatively it is broader than forensic medicine.  Here, the laboratory works and reports of scientific analysis are taken as evidence. For example, fingerprints, document analysis, ballistic analysis, DNA analysis etc. are common reports in criminal and civil cases.

Scope of Forensic Science 

In specific senses, the scope of forensic science extends in the following stages of judicial proceedings: - Source: Dr. Ramesh Parajuli, ‘Forensic Jurisprudence’, Pairavi Book House, 2017, p.10

• Crime scene investigation
• Collection of evidence from the crime scene, victim or accused.
• Proper packaging of collected evidence.
• Maintenance of chain of custody at all stages of evidence handling
• Scientific test of evidence in the lab.
• Report prepared by experts after lab test findings
• Restoration and preservation of evidence for judicial purposes.
• Investigation to establish the causation in crime.
• Examination of DNA and maintaining proper DNA related data sources.
•  Examination of fingerprints or signature available in the deeds.
•  Examination of voice recording.

The field of forensic medicine:

1.   Examination of the dead (Morbid pathology and anatomy).

2.   Clinical Forensic Medicine

• Injury examination
• Cases of sexual offence examination
• Victim of torture examination
• Age estimation
• Mental State examination
• Drunkenness Examination
• Examination of females concerning with pregnancy, abortion and delivery

3.   Toxicology – it is also known as forensic toxicology and related with the study of poisons

4.   Human Rights Forensics

• EJK (Extra judicial killing)
• Torture
• Enforced disappearances
• Custodial deaths

5.   Humanitarian Forensics – in the case of humanitarian situation the services is used particularly in human identification when people go missing and found either alive or dead.

Purpose of Forensics (Medicine & Sciences) 

a. To aid in the discovery and prosecution of crime.

•  Death investigation
•  Abortion cases
•  Infanticide
• Torture victim identification
• Sexual offences
• Child abuse

b. To protect the innocent person who might otherwise be accused of crime:

• In overlooked situation of accident and suicide taken as homicide
• Cases of false allegation

c. Protection of the public health:

• Health hazardous foods, drugs and chemicals

• Death during treatment. 

   

d. To aid in the administration of civil justice:

• Settlement of life and accidents insurance claims
• Compensation

e. To serve in humanitarian field

f. Identification of victims of disaster

D.N. 9732 Ramesh Parajuli et. al. V. Office of the PM & Council of Minister and others, the court laid down that ‘until arrangements for guarantee of justice by punishing culprits based on truth, objectivity and scientific investigation are made, there shall be no public faith on Rule of Law and State Mechanisms.’

HISTORY

 Legal medicine has been practiced since start of human civilization

1. In ancient Egypt, practice of medicine was subjected to legal provisions.
2. Code of Hammurabi old Babylon (2000-1000B.C)- oldest written code has the provisions on punishment of physicians for improper treatment of malpractice. 
3. In Rome around 600 BC the Cesarean section was advised to save the life of the child and solve the medical problem of inheritance.
4.   Antistius, the physician opined by external examination of the body of Julius Caesar (44 BC) which found that there were Multiple stab wounds among that only one was fatal. 
5.   460-355BC-Hippocrates dealt with medical Ethics.
6.  Justinian Code (529-564 AD) has prescribed regulation of medical practice and imposition of penalty for malpractice.
7.  1 st medico-legal autopsy was done in Bologna (Italy) in 1302 by Bartolomeo Da Varignana.
8. Paulus Jacchia (father of legal medicine and forensic Psychiatry) published 7 volumes book of “Questiones Medico-Legalis”.
9. Around the end of XVI C, autopsy in the medicolegal cases became a routine work in Europe.
10. In the Indian continent Charak Samhita (700BC) and Sushrutha Samhita (200-300AD) described about quality of physicians, professional norms and secrets of the patients. 
11. Charaka Samhita: lays down on elaborate code regarding training, duties, privileges and social status of physicians
12. Manu- Manusmriti: in his treatise, Manusmriti, laid down various laws including punishment for various sexual and other offenses, and recognized mental incapacity due to intoxication, illness and age.
13.  Arthashastra of Kautilya: defined penal laws and regulated medical practice.
14. Atharva Veda: gives details about remedies for various conditions
15. Hippocrates (460-377 B.C.): Father of western medicine discussed the lethality of wounds.

Forensic Science in Nepal

Medico-legal or forensic field in Nepal is very much ignored. Till date it has not been identified and addressed as a separate sector. There is no separate law related to medico-legal procedures. But with time it has been coming up spontaneously. The present condition of human resources and other facilities related to forensic science can be illustrated as below: -

• Forensic Pathologists >50
•  Forensic Odontologists 3
•  Residents in MD Forensic Medicine 13
•  Two Forensic Science Laboratories NAFOL and CPFSL
•   Ballistic Department with trained HR at CPFSL

Recent Developments in Nepal: -

• MELESON (Medico-legal Society of Nepal) ;2072
• SOPs on medico-legal work prepared; 2075
• New MLE reporting formats in laws; 2073
• Medico-legal Service Operation Guideline; 2075
• MLE services through Medical Colleges; and it is still in progress.

Development of forensic jurisprudence In Context of Nepal: - (Dr. Ramesh Parajuli, ‘Forensic Jurisprudence’, Pairavi Book House, 2017, Pp. 15-29)

1. Reshamlal Makuju Shrestha V. Parelal Marwadi et. al. D.N. 100 (2017): - Use of forensic science formally introduced in the Judicial system.
2. Megh Bahadur Pakha Rai V. Dalbahadur Limbu, D.N. 156 (2018): -Introduced forensic jurisprudence in administration of justice stating that lower courts have been giving decisions blindly without proper understanding of the contents of medico legal reports.
3. Establishment of forensic laboratories: - Photography Section in 2017 and Fingerprint and Signature Section in 2019. Forensic Section in 2028 at Police Headquarter.
4. Muluki Ain  1910 B.S.: - some of the scientific views were reflected for e.g. Kagaj jach ko mahal
5. Muluki Ain 2020 B.S.: Chapter on homicide No. 2 (4) & No. 3
6. Evidence Act 2031: - The Act opens the doors for courts to take opinions of experts from concerned fields. Section 18, 23,36(3), 52.
7. States Cases Act 2049 B.S.: - The provision requiring mandatory autopsy examination of dead bodies was introduced. Section 11(3),12,13, 13(3)
8. Torture Compensation Act 2053: - Section 3(3)
9. Police Act: - Section 22(a)
10. State Cases Rules 2055, first amendment on 2073/04/03: - It introduced a uniform legal format for Autopsy Report, Injury Examination Report, Medico- legal Examination Report in Sexual offenses, Age Estimation Report, Report of Drunkenness Examination, Forensic and DNA Examination Report.
11. Muluki Criminal Procedure Code 2074: - Sections 20,21,22,23,102, 113
12.  Muluki Criminal Procedure Regulations 2075 B.S.: - Rule No. 8 describes the situations when a court can issue a decree to perform a bodily examination of a custodian. Rule 9

13. Crime Investigation Regulation 2075: - Rule 14, Rule 22, Rule 23, Rule 24 ·Aaparadh Bigyan written by Bodh Prasad Bhattarai in 2035 is the first book written in Nepali Language.

     

Importance of Forensic Medicine

• Keeping medical professionals in ethical practice.
• Helping courts for decisions of cases providing medical evidence
• Helping to detect criminal cases and to identify the victim/assailants
• To provide justice for victim of crime
• To punish criminals as per law
• To prove the innocence of the accused.
• To protect and promote public health.
• The main objective is the use of medical knowledge for the purpose of justice. It is a compulsory subject in the medical curriculum.

Role of judiciary in the development of forensic science

Source: 

Dr. K. S. Narayan Reddy & Dr. O.P. Murty, ‘The essentials of Forensic Medicine & Toxicology’, 34th edition 2017, The Health Science Publisher, New Delhi| London | Panama.

Dr. Ramesh Parajuli, ‘Forensic Jurisprudence’, Pairavi Book House, 2017.

Dr. H. Wasti(visiting professor)Lecture at Kathmandu School of Law, Bhaktapur,2024.