Advanced FS course for supervisory officers Sharada Avadhanam
INDEX
| Sl. No | Title of chapter | Page No |
| 1. | Personal investigation by supervisory officers as per part 1 vol 1 APPM | 1 |
| 2. | Procedure and collection of scientific evidence in property offences | 6 |
| 3. | Scientific evidence to be collected in bodily offences with special reference to unnatural deaths, homicide, rape, dowry deaths and custodial death | 7 |
| 4. | Collection of evidence in cases of organized crime | 22 |
| a. | Money laundering | 30 |
| b. | Narco terrorism | 32 |
| c. | Counterfeit currency | 36 |
| d. | Arms and Explosives | 38 |
| e. | White collar crimes | 56 |
| f. | Cyber crimes , digital crimes and cyber terrorism | 68 |
5. | Scientific methods of interrogation | 87 |
CHAPTER 1
APPM order no 52-1: personal investigation
The SDPO of districts and ACP of cities shall personally supervise investigations of all grave crimes duly visiting the scenes of crime. They should hold inquest in death cases taken up for personal investigation and write case dairies and perform all functions of IO taking responsibility till such cases are finally disposed off in the courts.
The following classes of crimes are termed as grave crimes:
· Dacoity
· Highway/ house/ train robbery
· Robbery over 1000/=
· Murder
· All terrorist offences and those affecting security
· Culpable homicide not amounting to murder
· Rape
· House breaking and theft over 50000/=
· Any disturbance not or affray of a specially grave nature
· Theft over 1 lakh
· Cases of counterfeit coins and currency notes
· Organized crime of any description
· Cases of manufacture or use of bombs explosives arms ammunition whether political or not
· Assault on police officers magistrates or judicial officers
· Offences under section 400,401 of IPC
· Conspiracy cases
· Serious road accidents
· Professional poisoning and drug trafficking death or injury by noxious gases serious cases due to food poisoning or consumption of adulterated liquor or spurious drugs
· Offences resulting in grievous hurt and serious mischief or arson committed on SC ST on caste consideration
· Attempted suicide or death in suspicious circumstances by young married woman during the first seven years of marriage trafficking in women and children
· Cases of misappropriation involving property of value of 2 lakh or more of the govt department or undertaking or financial institutions banking or non banking
· Major organized crime financial crime affecting public and involving public money of over 5 lakh value
GRAVE CRIME INVESTIGATION A CHECK LIST
Sequence of procedures in a criminal case and role of police
Steps in a cognizable case Where police are authorized to start investigation on their own
1. FIR: Information about offence/crime is received by the police. FIR is to be registered. A copy of FIR to be given magistrate to conduct enquiry to complainant.
2. Investigation : Police start investigation and collect evidence through search and seizure at place of crime, question witnesses; arrest suspects etc.
3. Framing of charge sheet: After due investigation, the I.O. or the police investigation officer files a charge sheet, stating the details of the case and asking prosecution of accused under particular sections of the IPC [OR The case is closed by police for lack of evidence against the accused]. However, even if a case is closed, a report has to be submitted to court by the police under section 173 Cr.PC.
Steps in non‑cognisable cases where police need magistrate's instruction for starting investigation
1. Complaint is made to magistrate
2.Police are instructed by the magistrate
3. If enough evidence is found, magistrate issues summons for trial
4. Trial may or may not result in conviction and punishment of accused. 
Chapter 2
Procedure and collection of scientific evidence in property offences
Checklist from scientific investigation point of view for property offences like robbery Dacoity:
· Identification of the property lost should be mentioned correctly in the complaint itself for the purpose of identifying it after recovery
· When any weapon is seized from scene of offence it should be examined for fingerprints
· If the weapon is seized after the arrest of the accused, it must be looked for presence of finer prints and should be sent later for presence of any stains.
· In scene of offence whenever telephone is available the last dialed number should be ascertained and verified in cases of robbery at STD booths petrol bunks and wine shops.
· Scene of crime should be thoroughly examined for presence of material objects
· Struggle marks at scene of offence as well as on the body of the victim or accused are to be carefully taken note of
· The accused shall be arrested at the earliest point of time so that the properties may be recovered and this will enable the fixing and connecting the accused with the crime.
· In cases of series of robberies and dacoities it must be looked for inter-se fingerprints and coordination of FPB in other states are to be sought.
· If the lock was broken, particulars of marks on it should be examined and inferences be drawn as to the instrument used there from.
The physical evidence that is commonly encountered at the scene of property offences are :
- Paint , Glass, Soil ,Dust, Tool marks, Fibers, Foreign material left by the culprit ,Foot prints ,Fingerprints.
Chapter 3
Scientific evidence in bodily offences
Dowry deaths are commonly encountered as deaths due to burns, by fire, or asphyxial deaths especially hanging or drowning predominantly homicidal deaths such as strangulation by ligature or throttling are generally seen. Occasionally dowry death is by fatal poisoning.
Checklist for investigation:
- If the victim is not able to speak her verbal signs shall be recorded by video to use it as dying declaration later. May be reduced to writing in the presence of doctor. If the victim is not in a position to sign as fingers are burnt, toe impressions are recorded. This fact is to be mentioned in the statement recorded.
- Immediate inspection of scene of offence to avoid alterations. SOC shall be video graphed and photographed. Sketch and observation mahajar are to be drawn.
- Search for suicide note written.
- Bolt from inside or outside to be noted.
- Hanging scenes, look for the presence of more than one ligature and its shape. Material objects used for tying knot are to be seized.
- If it is an incident by means of fire, the stove match box cylinder kerosene bottle to be seized along with wearing apparel of the lady and
- Container of poison if any.
- Inspect scene for struggle marks like broken bangles fallen hair
- Examine parents to verify the demand for dowry or valuables.
- Questions to be asked to the FM doctor conducting PM.
- Whether injuries or ante-mortem of post mortem.
- Whether burns of ante-mortem or post mortem
- Whether there is any struggle marks
- Whether hanging is ante-mortem or post mortem
- Whether the victim was subjected to intercourse, if so, collect rape evidence
- Whether she consumed poison, if so preserve the viscera for FSL
- Post mortem to be done by team of two doctors
Death in encounters or in police custody:
Poisoning
History
- Acute pain Abdomen
- Vomiting
- Diarrhoea
- Cliapse
- Delirium
- Paralysis
- Jaundice /liver failure
- Discoloration of skin
- Cynosis
· Whether request is made by Sub Divisional Magistrate or by some body else?
- What is the request to depute one doctor or two doctors or form an internal board of same institution or family was permitted to have their own forensic pathologist to be present during the autopsy.
- Whether arrangement of videography and Photography has been made?
- Whether NHRC guideline or guidelines as prescribed by department of law and justice or health as the case may be, have been followed or not?
· Whether Injuries or findings are recorded in proper manner or not?
- Whether spot of dead body recovery has been visited and crime scene report has been given or not?
- Whether Postmortem report was given well I in time or not?
Medical Examination (before sending judicial
Custody or in police custody)
- Whether request by police or court is specific? Whether it is first or subsequent examination?
2. Whether it mentions proper identifications marks or not?
3. Whether it has mention about Pulse, BP, and respiratory rate and about systematic examination
4. Whether medical examination about Specific complains of the person is addressed or not?
5. Whether instructions are clearly mentioned or not?
- Whether person is declared fit for statement and retention find a mention or not?
7. Whether proper instruction to cell manager or care taker is given?
8. Whether proper sampling for intoxicant/ drug influence has been done or not?
COMMON COURT QUESTIONS
In cases of suspected poisoning, collect food remnants, vomit, ascertain exact time of taking food.
1) What is the usual interval between the time or taking the poison and the commencement of the
2) Symptoms?
3) In what time does …..generally prove fatal?
4) Did you send the contents of the stomach and bowel (or other matters) to the Chemical Exa.miner?
5) Were the contents of the stomach (or other matters) sealed up in your presence immediately on removal from the body?
6) Describe the vessel in which they were sealed up, and what impression did the seal bear?
7) Have you received a report from the Chemical Examiner? If so, is the report now produced that which you received?
8) (If a female adult) what was the state of the uterus?
Questions that may be put to a Chemical Examiner
1 . Was the poison isolated by you
in a pure form or mixed?
2. What was the strength, the absolute quantity or percentage of poison found by you? Was the strength of the poison sufficient to kill a person?
3. From what organs and from what material, ie, vomit, urine, articles of food, etc, did you find the poison and in what quantity and percentage?
4What in your. Opinion is the fatal dose
of this poison?
5. Could this poison be naturally found in the body or present as a result of decomposition?
6. Could this poison have come from the reagents used by you in your analysis? (For lead and arsenic).
7. Was a chemical preservative used in the samples sent to you? Can it affect the estimation of poison?
8Has the sample been checked in
forensic context to ensure that no
mix‑up has taken place?
9.Has a part of sample been preserved?
Questions that may be put to a Non‑professional
Witness in a Case of Suspected Poisoning
1 . Did you know …a late resident ..of ?
If so, did you see him during his last illness and previously?
2.What are the symptoms from
which he suffered?
3.Was he in good health previous
to the attack?
4. Did the symptoms appear suddenly?
5. What was the interval between the last time of eating or drinking and the commencement of the symptoms?
6What was the interval between the
commenceÂment of the symptoms and death?
7. What did the last.meal consist of?
8Did anyone partake of this meal with ?
9. Were any of them affected in the same way?
10. Had he ever suffered from a similar attack before?
If any of the following symptoms have been omitted in answer to question 2, special questions may be asked
regarding them as follows:
11. Did vomiting occur?
12. Was there any purging?
13. Was there any pain in the stomach?
14. Was he very thirsty?
15. Did he faint?
16. Did he complain of headache or giddiness?
15Did he appear to have lost the
use of his limbs?
18. Did he sleep heavily?
19. Had he any delirium?
20. Did convulsions occur?
21Did he complain of any peculiar taste
in his food or water?
22Did he notice any peculiar taste
in his food or water?
23Was he sensible in the intervals between the conÂvulsions? (This is with reference to Nux Vornica).
24. Did he complain of burning or tingling in the mouth and throat, or of numbness and tingling in the limbs? (Aconite)
25. Did he complain of any hallucinations?
26. Did he complain of any visual disturbances?
@@@@@@@@@@@@@@@@@@@@@
@@@@@@@@@@@@@@@@
Check list for death scene [ other than rape] investigation:
Upon arrival at the scene the IO should
· Locate and view the body
· Ensure death is pronounced
· Prepare observation notes in the presence of two respectable witnesses
· Draw sketch and photograph and
· Collect the evidences
· Identify secure and preserve evidence in proper containers, with labels and preservatives
· Check for drag marks
· Document the post mortem changes
· Collect hair from head of accused ,
· Collect control samples
· Fingernails
· Swab bite mark areas
· Collect exemplar hairs
· Examination of the dead body at the scene
· Inquest and
· Autopsy
· Look for the characteristic common features suggestive of homicide
· Bolting or locking of a room outside
· Effacement of physical evidence
· Evidence of struggle at crime scene
· Disarray of furniture
· Breakage of articles
· Trampling of grass
· Multiple foot impressions in the ground if the soil is loose
· Signs of struggle in the dead body
· Clothing
· Tears rents loss of buttons blood and other body fluid stains
· Foreign fibers
· Fallen hair
· Broken nails
· Injuries
· Defence wounds
Homicide by [ common methods]
· Weapons
· Including firearm
BY ASPHYXIA
· By fire and explosives
· By poisoning
· Unnatural deaths
· Position in which the body was found
· Articles jewellery or clothing or any other incriminating material found near the body
· In case of deaths under custody of police and encounter the inquest has to be done by executive magistrate
· Death of woman within 7 years of marriage where there is suspicion the inquest is to be done by executive magistrate.
· Unidentified dead bodies
· Photographs
· Other identifying characteristics like tattoos tailor marks physical deformities dental characteristics, fingerprints
· In case of suspected homicide take blood samples for the purpose of DNA profiling, collect body fluids also.
In case of suspected poisons
· Collection of food remains
· Vomit
· Exact time of taking food
RAPE: Guidelines for collection preservation and packing of physical evidence
ROLE OF THE IO IN RAPE CASES:
Avoid delay in sending the victim and the accused if apprehended for medical examination. Delay could lead to loss of evidence due to
A passage of time
B inadvertent acts of the victim
C deliberate effacement of evidence by the accused
Send as soon as possible The articles seized by the IO Bed clothes stained, with semen/blood [Avoid folding, crushing the stained portion ] and the material preserved by the doctors , vaginal swabs, pubic hair, nail clippings to be air dried and packed separately in dry paper covers and gals vials as applicable to FSL for necessary examination by the experts. IO must be very careful not to contaminate samples with their own body fluids.
Statements of the victim and of others with her are recorded separately especially of Preliminary affairs, date and time and place of the alleged offence exact position of the parties , details of struggle or resistance pain , hemorrhage , sensation as to penetration and emission ,the appearance of any discharge, details of the events after the alleged assault and calls for help
Role of the medico legal expert:
A participation in recent sexual intercourse
B age of the victim.
C potency of the accused.
D suspects spittle(secretor status)
· Previous history With regard to sexual experience menses vaginal discharge venereal diseases pregnancies pelvic operations etc should be recorded.
· The age should be determined and the height and weight recorded. The victim is examined In the presence of a third person preferably a female nurse or a female relative of the woman whose name should be recorded, this is necessary to avoid himself being accused.
· An attempt at undressing The woman should not be made but she should be requested to undress herself. The physical development should be noted in order to determine her capacity for struggle and resistance. In case of children, bodily development especially of the breasts and genitalia should be noted.
· The name of the victim And her parent , marital status , residence, occupation, time, date, year, place of examination , and by whom examined , by whom examination is requested , should be noted , date and time is important because the interval between the alleged incident and the examination is material fact.
- The examination Should be carried out without delay, minor degrees of injury may fade rapidly and swelling and tenderness of vulva may disappear in a few hours . Detection from sperm from the genital tract also diminishes with delay.
· general examination Attention is focussed on Gait, whether painful ,General demeanour and mood . Signs of intoxication by drugs or drink
· General physical development Signs of violence, such as scratches abrasions and bruises on the face breasts and thighs Teeth , bite marks on the lips, cheeks and breasts Nails, whether broken , and debris beneath the nails for tissue and for grouping
· local examination Pubic hair: loose pubic hair is combed and collected anal, matted pubic hair is clipped and preserved. Stains, blood semen are swabbed or scrapped off.
· If the victim Is in menstrual period, a second examination should follow the termination of the period.
· Her general demeanour And mental state should be observed while she tells her story. If it appears that she is under the influence of alcohol or drugs this fact must be noted.
· The gait should be observed. Whether she complains of pain on walking or micturition or defaecation. The pain leads to guarded gait, the victim walking with legs apart and slow paces.
· Examination proper: clothes: whether the clothes are those worn at the time of attack. They are examined for bloodstains, Mucus and other stains, Grease, smears etc,Seminal Stains , Tears and loss of buttons
· Evidence from vaginal discharges: Vaginal discharge may arise from local infection from worms or unclean habits. Of the assailant is suffering from venereal diseases he may transmit it to his victim which is strong corroborative evidence of intercourse.
Medical proof of intercourse
· The absence of smegma may indicate that intercourse might have been performed but presence of smegma absolutely negatives possibility of complete penetration because smegma gets rubbed off during intercourse. Smegma usually requires 24 hours to collect again.
Accused of sexual offences
· Consent has been taken and recorded or not,
· Whether clothing, description has been recorded, preserved and sent for, examination a nation of stain, if any to Forensic science laboratory.
· Whether relevant points in medical history are covered or not?
· Examination of genitals genitals Injury to prepuce, shaft; Congenital abnormalities; circumcision presence/ absence of smegma. Recent, location, size and description.
· Whether opinion about sexual potency has been mentioned or not?
· Specimens: blood, urine, saliva, avulsed flair, pubic hair, fingemail scrapings areas of soiling, swab from urethra, Prepuce and Coronal sulcus.
Victim of sexual offences
1 Consent?
2 Detailed general history: past illness. Accidents operation drinks and drugs etc. Observe: manner, dress, make‑up.
3 Whether history pertaining to time of bath, urination, alleged sexual offence, change of clothing has been recorded?
4 Detailed specific history: obstetric history, menstrual history, tampons, past sexual experience, details of present incident has been taken.
5 Whether marks Of strugggle have been described in detail?
6 Whether samples from clothing, body and genitalia are taken and recorded or not.
7 Whether injury, and presence of local discharge if any, have been mentioned in local genitalia examination /
8 Whether hymeneal vaginal /rectal tears, if any, have been described or not ?
9 Examine all clothing's: by lady doctor only, inspect each items separately, note damage staining, soiling, Linder UV light or polylight on pants, tights, panties. Retain each item in a clean bag.
10 Full general clinical examination: Examine the whole body; record all findings, record of all old and fresh injuries, its location, size and description.
11 Sampling Specimens : Buccal swab, blood, saliva, urine, avulsed head hair; loose hair, pubic hair combings, avulsed, matted area of soiling finger nail scrapings, clippings, swabs from perineum, low Mid and high vagina, anal verge, anal, (is per the need of the case
Legal aspects of rape case:
- The medical examination Is conducted with the consent of the individual in the presence of a disinterested third party without any delay. .A statement of the circumstances of the incident is recorded and the examination is conducted on the following lines: Examination of victim The victim should not be examined without the authority of IO / magistrate. The court or the police have no powers of compelling a woman for medical examination against her will. The consent of the woman and if she is under 12 years or feeble minded person consent of her parents must be obtained in writing. The victim should not be identified by the escorting police constable whose name and number should be recorded. Identification marks should also be noted.
· Medical proof of rape like glans penis for tears, vaginal cells, is not legal proof of rape:
Dowry death:
Checklist:
1 If the victim is not able to speak, [ due to burns or cut in the tongue] her verbal signs shall be recorded by video to use it as dying declaration later. [ may be reduced to writing in the presence of a doctor]
2 If the victim is not in a position to sign i.e. Finger burnt, toe impressions are to be recorded and mentioned in statement recorded.
3 If the woman taking treatment in hospital is a woman within seven years from the date of her marriage investigation by Dy SP. Immediate visit to the scene. Scene shall be video graphed photographed. Sketches and observations to be drawn in the presence of witness.
4 SOC to trace suicide note. Standard of the deceased for comparison. If scene is inside room, observe bolting from inside;, in hanging case look for more than one ligature mark; and also shape of the ligature mark; material used for tying the neck; eg rope saree etc; in incident may means of fire stove match box cylinder kerosene bottle to be seized.
5 Container for poison kerosene stove etc to be examined for fingerprints, Bottles containing remnants of poison,
6 Look for struggle marks, broken bangles fallen hair seize and photograph.
7 Evidence of harassment and cruelty for the purpose of meeting the unlawful demand of dowry in the form of letters from / to parents of the victim.
8 While forwarding the body for PM , the following questions to be put:
a. Whether the injuries are postmortem or ante mortem
b. Whether the burns are ante mortem or postmortem
c. Whether there is any struggle marks
d. Whether hanging is post mortem or ante mortem
e. Whether the victim is subjected to several intercourses, if so collect the vaginal swabs
f. Whether she consumed poison, if so preserve the content for FSL
g. Ligature and ligature material and material used for hanging to confirm the theory of homicide or suicide
h. To verify the trachea for the presence of soot particles
i. To verify the vesicles found on the body
j. Whether the hyoid bone is intact
k. The post mortem by team of doctors
l. Inordinate delay in obtaining PM and chemical analysis should be avoided
i. In case of death due to burns, the medium of cooking adopted by the family to be ascertained.
Drowning
1 Ante mortem or post mortem Wounds on the body were recorded or not.
2 If indicated, analysis of' blood For anti epileptic drugs and or alcohol was ordered or not.
3 External;
4 All signs of submersion and wrinkled feet Condition of clothing or naked
5 Washer woman's hand ,
6 Cutis anserina ,
7 Tenacious foam. PM staining
8 Stomach and duodenum findings Any injury incornpatib)e with life Influence of drinks, drugs, diseases, coronary artery, Hypertension
9 Any resuscitative injuries
Death within 7 years of marriage
1 Whether request was made by Magistrate or not?
2 Whether postmortem was conducted by panel or team of doctors or not?
3 Whether concerned doctor was on duty or not?
4 Whether findings were recorded in proper manner or not?
5 Whether opinion has been expressed in a scientific manner or ambiguity or Vagueness is there?
Drowning in a swimming pool
1 Photography of scene
2 Close photography of face nostrils, postmortem photography
3 Staining, and injuries if any
4 Screening for drug abuse substances, alcohol, sedative, antiepileptic drugs, and Anti psychotic agents in blood, urine, bile, and in viscera (mainly kidney and liver)
5 Vitreous humor for electrolyte / alcohol levels
6 Histopathology of heart, lungs, hypothalamus, motor areas of cerebrum, any evidence of scarring of cortex.
7 Detail description of autopsy findings.
Note: In children, it can be modified according to the need of the case as above screening may not be needed in each and every case.
Asphyxia
1 Whether report has signs of asphyxia?
2 Whether eyes, face, undersurface of lips, and cheeks examined or not?
3 Whether ligature and ligature mark have been described in Minute detail or not
4 Whether bruises on neck were rough (skin abraded) or soft one
5 Whether internal examination has mentioned asphyxia signs like petechial hemorrhages in lungs and other serosal surfaces and blebs in lungs or not.
6 Whether focal bruises were noted in soft tissues attached to larynx and neck muscles. Or not.
7 Whether sampling, from genitalia for semen nail scrapping‑for skin tags (if indicated) taken in young female case or not?
Burns
1 Whether report mentions detail and types of burns?
a. Whether involved area is estimated or not ?
b. Whether proper sketch has been made or not?
2 Whether sample from scalp hair, clothing, under garment or any other item as indicated etc was procured for examination for combustible material /inflammable material?
a. Whether healing process / Infection of burns was mentioned in detail?
3 Whether death summary in cases of old or inflected burns, clinical seen?
Chapter 4
Collection of evidence in cases of organized crime
ORGANIZED CRIME
THE CONCEPT AND THE CHARACTERISTICS
Organized crime is rampant in metropolitan cities of Mumbai, Delhi Bangalore and Calcutta and has since spread to smaller cities like Bhopal, Jaipur, Hyderabad , Lucknow etc.
In India it embraces all categories from contract killing, robberies, from vices to gang rapes and serial blasts and also the trade in contraband goods and loans. These criminals are professional, totally fearless, select their targets carefully, and have international links.
The problem of organized crime is not considered as very real in our country and thus there is marked lack of concern and prepared ness in the police forces to tackle the same.
Organized crime concept
Organized crime is professional crime.It is very well planned and executed crime.
The professional expertise is brought in planning, execution and follow-up action backed by professionally sound organizational structure based on formal or informal network with sound political patronage.
There are some common basic characteristics about these criminal gangs :
Organized crime has well-organized units. They have formal or informal hierarchy, which gives them stability and makes severance of relations with the unit almost impossible. Since the membership is permanent, on-the-job training is sound, professional support is also ensured, therefore, the crimes committed by these gangs are well planned and evince a great degree of professionalism. The core of the organization is normally managed by closely-knit group of persons (related by blood or ethnicity or political or social ideology). The deviance from the norms is viewed very seriously and the penalties are inflicted quickly and with all severity at their command.
Organized crime embraces a very wide range of illegal activities with sole motive of earning profits or increasing the capabilities of the organizations byway of procuring firearms, transport or even influence in a particular area. It is not essential to carry out all the functions by the organization itself The organizations may carry out the core functions, and other functions may be assigned to associates or the support groups on explicit terms or just on quid pro quo basis. These supporting groups may be totally free units or captive units.
The main activities of the organized crime include illicit services or goods but they may also indulge in seemingly legal and licit enterprises for eliminating opposition by questionable means. Some organizations take up business only to cover up the illegal activities or to launder their tainted money.
Some organizations adopt confrontational attitude which most others secure protection by intimidation, corruption and elimination. The extent of protection elicited by the organization will determine the extent of influence in the operational territory and also the effectiveness of the leader in the organization.
It is a continuing, self-perpetuating criminal activity for profit and power.
Organized crime is a "persisting form of criminal activity that brings together a client-public which demands a range of goods and services defined as illegal. It is a structure or network of individuals who produce or supply those goods and services use the capital to expand into other legitimate or illegitimate activities and corrupt public officials with the aim of gaining their protection".
- It is a Society of a large number of criminals in complex structures that seek to operate outside the control of the people and their Government.
- Its motive is profit and growth like any corporation.
- It is a self-perpetuating continuing criminal conspiracy for profit and power using fear and corruptions and seeking protection from law.
- The desired goal is a change in the political and/or socioeconomic structure of society for the purpose of destroying, modifying or weakening the existing structure itself.
- It uses violence, threats, graft, bribery, extortion, corruption as means to its end.
The common symptoms or indicators of organized crime can be grouped as follows
A. Violence - in the form of damage to property or assault on persons or reckless act like firing in the air or even driving motorcycles at high speed in a crowded place after removing exhaust pipes.
B. Intimidation- direct and overt or covert, to force a compromise in domestic matters, sale or purchase of property Government officials to give favours.
C. Public Disorder - by display of power with rival gangs, on social occasions, harassing Public at large.
D. Monopolizing certain trade - with muscle power like the Railway contract, the labour contracts in industrial towns and transport contracts. The legitimate contractors are not allowed to take part initially and later are harassed and forced out of competition.
E. Corruption - important instrument to enlist support of the ranks of Law Enforcement Officers and at higher levels of political parties.
CHARACTERISTICS OF ORGANIZED CRIME
· Apparently legal and highly profitable activities, such as Gambling, Nightclubs or Entertainment, Video Distribution, massage Parlour and even Film Industry and Finance Companies indulging in loan activities but the management of these units may not conform to the rules and regulation. New activities like kidnapping of children for export for adoption / Prostitution. Human body parts are also taken out, such as kidney and eyes for transplants.
· PR organizations and cultural organizations to extort money and to indulge in vandalism in the name of the good of community. Active in masjids on Fridays and festivals, as cultural groups that enforce hijab or veil and control the behaviour and dress of women of their community, Holi processions in Northern India and Ganesh Chaturthi in Maharashtra, Hyderabad.
· Supporters in media, bureaucracy, political parties, charities trade and religious by use of sheer influence, intimidation, assault elimination and corruption. These instrumentalities provide them protection and support system and information useful as a blackmailing tool .
· Organized crime grows to influence the political process by influencing Selection of the candidates, booth capturing, buying of votes and support till the electoral process slips into the hands of organized crime.
· The political movements are also hijacked by such organization initially by providing collecting funds and muscle power, ultimately controlling it. And later on the organized crime converts these movements for personal gains into the hands of hardened professional criminals.
· The Organized Crime Syndicates are very quick to adjust themselves to socio-political environment.
INDIAN POLICE AND THE CHALLENGES OF ORGANISED CRIME
Indian gangs have developed lethal capabilities and growing power. Eg: Bombay Blasts of tile year 1993 communal disturbances and internal civil strife. This capability and involvement is not known to police officers, top bureaucrats, members of the judiciary and intellectuals due to lack of direct dealing. Organized crime have evolved substantially during the last five decades and is set to evolve further with induction of international syndicates and mafia gangs along with international entities and globalization.
First generation crime activities:
- Theft of railway property, small scale extortion, spurious drug manufacturing, dacoity, highway robberies, sea piracy, running gambling dens, trafficking in women, smuggling of contraband goods, cycle thefts,
- Production and Supply Of illicit liquor, coal and other mineral mines ,mafia crimes and organized begging.
Second generation of activities:
- Wild life poaching of certain specific or protected species
- Illegal trafficking in the export Of Mid life ins and
- Smuggling -of 'sandal skins skins wood and teak wood.
The -third generation of organised crime activities
- Drug -trafficking, terrorism wide-spread, naxalism ,contract killings a
- Theft sale-of petroleum and chemical products of specified -categorriess in large quantities, especially in States like Gujarat, unlawful large withdrawals from Govt. . Treasuries and extortion of money from the monthly pay of Government servants through the ddos and cashiers, e.g. In Nagaland. Trafficking trafficking in human body organs, phone trafficking freaking money laundering including I hawala bank frauds incorporating cheque and DD frauds, loan sharking foreign exchange racketeering, widespread abduction or kidnapping for ransom etc. Also figured prominently in the third generation organised crime activity.
The next fourth generation crimes:
- Credit card frauds
- Computer related frauds connected with electronic fund transfer and electronic data interchange in global electronic commerce and
- Unauthorised interception of government communication in a larger way including oral, wire and electronic communication
- Unauthorized manufacturing distribution and sale of electronic bugs and equipment for audio or video surveillance, including interceptors for Computers, cellular phones, pagers, faxes and telephones
- Computer software piracy,
- Duplication of cds and oterh Computer components,
- Dumping of toxic and hazardous wastes of specified materials,
- Fake share rackets,
- Stock related crimes such as manipulation embezzlement,
- Forgery and theft of shares, bonds, and debentures also found a prominent place ill file generation organised crime operations,
Now it branches out into
· Military procurement, insurance -frauds racketeering; illegal employment; organized over invoicing exemption over invoicing import export duty exemption racketeering in pornography, illegal immigration, theft and illegal export of antiquities art treasures and cultural objects, Currency counterfeiting, and bank frauds. Trafficking in arms ammunition or explosives, large extortion from builders and businessmen, auto thefts land grabbing and coercive settlement of property disputes outside tile legal framework, forgery or arms licences and documents relating to motor vehicles and racketeering in spurious seeds in the wake of tile Green Revolution.
Single biggest organized criminal activity indulged in by one and all in our society and which is the mother of all organized crime is corruption. It is not classified by governments as organized crime. It added areas, activities and technology over the years. Today, well-organized gangs have thousands of members. Eg:
- Dawood Ibrahim Gang of Bombay is five thousand.
- Amar Naik gang, one thousand.
- The lowest pay in 1995 roughly Rs. 5000/- per month. Average pay 25k.
- They have corporate structure.
- They give bonus , free legal aid, Home cooked food and other ,luxuries in jail and Looking after the families while the gangsters are in jail, or when they are disabled or killed..
- The run a parallel Government with a parallel 'tax' (hafta) collection machinery.
- Dawood gang is used by Pakistan to destabilize India and its currency.
- Individual criminal aided by technology is the current flavour of criminal in economic and monetary crime. Gangs will take over such activity shortly.
There are several reasons behind growth of organized crime:
- Communication technology, to network and coordinate and
- Politics. For protection
Police need counter and superior technology to neutralize them but the same is not available as it is costly.
There is lack of awareness in police regarding
- Public Switch Telecom Network (PSTN) with call line identity or call trace facility;
- Trunking radio system for rapid flow or communication over VHF channels,
- Global Positioning System for locating bugged criminals vehicles and police patrol vans,
- Telephone monitoring equipment,
- Fax x monitoring systems and digital modulation devices,
- Computer and pager interception gadgets,
- High frequency flooding devices for distant audio surveillance,
- Miniature sentinel cameras,
- Thermal imaging cameras,
- Night video surveillance cameras,
- Voice scramblers for secret telephonic Communication between officers of anti- gangster units and
- Voice de-scramblers,
- Access control devices like PIR systems,
- MICR (Magnetic and Encoded Card) systems,
- Magnetic proximity switches etc.
Non-availability of these devices is due to lack a awareness, cumbersome governmental procedures and lack of financial resources. Police need to use E mail as preferred communication tool at all levels. The other factor to be tackled is politics and political patronage available to organized gangs. A number or steps would be required immediately, some of which are briefly discussed in what follows.
Intensive general training to the top ,management of the police. Similar sensitization for the higher judiciary, top management in the Home Departments of the States and the Centre, including of the political executive, would be essential. Through frequent participation in workshops and seminars. Organising similar training, in police academicia, pool of specialist officers to handle computer crime, economic offences, narcotic offences . Super specialization is also needed in areas like electronic fund transfer, cell phone technology etc. We do not have a law, which covers the organized crime in all its aspects except some provisions in NDPS act which are not sufficient. The new Act has also to give a statutory status to an all India organized crime database, which integrates all the Central enforcement agencies and the State police forces into a single information network. Today, the exchange of information about the gangsters and the gangs between the different States and the Centre is practically-a matter of courtesy and needs to be upgraded to real time collaborative effort. A law is enacted for dealing with organized crime, it should not be applicable to political movements, including naxalite activities, the secessionist terrorism and insurgent movements like the ones witnessed in the J&K, Punjab and the North East. These activities are also organized criminal activities but they require a separate law.
Money Laundering
Money laundering, i.e., conversion of money secured through illegal means into white money is the main method, which helps the economic offenders. To' facilitate transfer of the proceeds of crime which include narcotics trade, smuggling of arms and explosives, hawala transactions. The total amount of money involved due to economic crimes is considerably higher compared to the traditional crimes such as dacoities,. Burglaries etc. To the- list of various economic crimes should also be added corruption, violation of copy right, video and software piracy, computer fraud, computer forgery, computer hacking, adulteration, employment and immigration rackets, and host of other-, connected activities.
- Money laundering for a layman means conversion of dirty money into clean, money.
1. The Interpol as "Any act or attempted act to conceal or disguise the *Identity of illegally obtained proceeds so that they appear 11D have originated from legitimate sources describes it'. It may also be defined as "
2. (A) engaging directly or indirectly in a transaction which involves property by utilizing proceeds of crime, or
3. (B) receiving, possessing, concealing, disguising, transferring, converting, disposing off within the territories of India, removing from or bringing into the territory of India the property i.e., proceeds of crime".
4. Crime refers to several IPC offences like waging war against the Government of India, murder, attempted murder, voluntarily causing hurt, kidnapping for ransom, extortion, robbery, dacoity, criminal breach of trust, cheating, forgery, counterfeit currency etc.;
5. Certain provisions of the Prevention of Corruption Act, 1988; NDPS Act, 1985; Foreign Exchange Management Act, 1999 (FEMA) and the Customs Act, 1962.
6. The money generated through 'crime' is liable to be confiscated by the State. The existing laws relating to confiscation of proceeds of crime are found in different statutes. Till the proposed money laundering bill is enacted, the confiscation of proceeds of crime can be taken only under these laws.
7. The important Acts in this regard are
- (A) Sections 102 and 452 of crpc;
- (B) The Criminal Law (Amendment) Ordinance, 1994 (Ordinance XXXVIII of 1994);
- (C) Sections 111 to 121 of the Customs Act, 1962;
- (D) Section 68 of the Narcotic Drugs and Psychotrophic Substances Act, 1985;
- (E) Foreign Exchange Management Act, 1999 (Section 63);
- (F) Smugglers and Foreign Exchange Manipulations (Forfeiture of Property) Act, 1976;
- (G) Section 20 of AP Control of Organised Crime Act 2001.
- The illegal currency transfers via non-banking channels are called hawala. It is an underground banking system. This medium ~ is used for overcoming the Government regulations on foreign exchange and also to conceal the proceeds of illegal earnings.
4. The objects of money laundering are
A. Criminals distance themselves from the crime making it more difficult to prosecute them;
B. To prevent/delay the proceeds of crime from being confiscated if the criminal is caught;
C. Enjoy the fruits of the proceeds without being noticed;
D. Reinvest the proceeds in future criminal activity or in legitimate business;
5. The process by which money is laundered has three stages.
A. Placement - Physical disposal of cash proceeds for its placement into a financial services institution.
B. Layering - Adding complex layers of transactions
C. Integration - Place the laundered money back into economy in such a way that it appears as normal business earnings.
6. The methods of laundering take the form of currency smuggling, real estate, gold and diamonds, shell companies, tax havens, casinos, hotels, stores, wire transfer etc.
- There are various investigating agencies to deal with corporate frauds and other economic offences.
- The Customs and Central Excise,
- The Income Tax,
- The Directorate of Enforcement,
- The Securities and Exchange Board of India (SEBI) are some of the agencies authorised under the relevant Acts for investigation of cases.
- The criminal offences, which fall within the IPC as also the other cognizable offences, which the police have been, empowered to investigate, are the responsibility of the police.
NARCO TERRORISM
MONEY FLOW
Drug money comes from Golden Triangle (Afghanistan, Pakistan & Iran Borders) through HAWALA / HUNDI . Drugs conic from Eastern Golden Triangle (Myanmar, Cambodia & Thailand). OPIUM is refined into Heroin and smuggled across to user countries by a network. Hawala dealers have cropped up throughout the country. Hyderabad is a big center for Hawala transactions. (Vijayawada, Visakhapatnam, Guntur, Cuddapah, Nizamabad and Jagitiyal have become active).
EQUATION OF THE DAY
MILITANCY + DRUGS = Terrorism
MILITANCY - DRUGS= NO TERRORISM
DRUG AGENTS
> Net work exists world over.
> They keep counter surveillance on customs, and narcotic Dept. Officials.
> Ruthlessly kill those who pass on information to Police.
> Well placed people are into the activity.
> Some politicians lend support to the Agents.
> Some Advocates exclusively argue for drug offenders.
NORCOTICS (GREEK - TO MAKE NUMB)
· "A substance that has a strong depressant effect upon the human nervous system"
- It causes insensibility to pain, stupor, sleep or coma.
Ø When given in large doses the drug is called hypnotic.
Ø In small doses it relieves pain-called anodyne.
Therefore Narcotics is both anodyne and hypnotic. It produces analgesic effect by interacting with specific nerve cells in CNS called "Receptors". Several chemicals inside the body i.e., endorphins and Encephalin interact with the same receptors.
NARCOTIC SUBSTANCES
Coca leaf - cocaine (2) Cannabis (Hemp) (3) Opium > Morphine lvellow refined powder] > Heroine [Diacetyl Morphine
OPIUM POPPY
Dried Poppy > Raw Dried Opium (Brownish Powder) The Opium poppy is Dried Yellow Powder a Plant used to produce opium, a drug (Morphine) that is the source of' > Heroine HEROIN arid several (Refined Opium) medicines.
PSYCHOTROPIC SUBSTANCES ACT >Any substance, normal or synthetic or any material or any salt or preparation of such substance.
COUNTER NARCOTICS FOCUS AREAS IN INDIA
Strict Surveillance and enforcement at import points and land points. Increased preventive & interdiction efforts along known drug routes. Intensive control - measures at export points such as Airports, Cargo terminals& Foreign Post Offices. Improved coordination between the various Drug Law Enforcement (DLE) agencies to have multi-agency approach.
Identification of illicit cultivation and the wild growth of Cannabis and Opium Poppy & eradication of these sources of primary supply Strengthening of the intelligence apparatus to improve the collection, collation analysis & dissemination of operational intelligence. Increased international cooperation both in operational & long term intelligence and in investigation & mutual legal assistance.
TRAFFICKING TRENDS IN MAJOR DRUGS
Opium (Papaver somniferum)
India is world's sole legal producer of Opium Gum. Other countries produce opium for ~extraction of alkaloids through the Concentrated Poppy Straw (CPS) route. Cultivated legally in Rajasthan, U.P., M.P., under license by C.B.N. (Central Bureau of Narcotics). Licensing expects minimum qualifying yield to be eligible for a fresh licence for the following year.
EPHEDRINE & PSEUDO EPHEDRINE
> Declared as controlled substances under NDPS Act
AGENCIES INVOLVED IN CURBING THE ILLICIT TRADE
- CBN (Central Bureau of Narcotics) > BSF (Border Security Force) > CBI (Central Bureau of Investigation) > State Police > State Excise Dept. > Joint Operations. > Narcotics Control Bureau (NCB) > Directorate of Rev. Intelligence (DRI) > Customs & Central Excise.
AT A GLANCE OF MODES AND SOME PLACES
| Name of Mode of Transport Place of seizure By whom The Narcotic |
| Heroin Human Transport Jodhpur NCB |
| Dn- Known hl& out madurai City Pol |
| Do - human HOP burj BSF&NCB |
| Do- Known hide out Mumbai NCB |
| Water bottle and |
| Wooden cot |
| Do- Lorry's I tool Box Coirnbattor NCB |
| Palghat bypass Road |
| Do- NSCBI Airport Kolkata Customs Air |
| Kolkata In intelligence |
| Nepalese Passenger's Limits |
| Baggage |
| Do - Agi Airport New Delhi 'Customs |
| Nepalese National Preventive |
| Heroin Pak Passenger at Old Delhi Delhi |
| Samjhauta Express Rly. Stn. Police |
| Do- Two Indians Indore M.P.Police |
| (Brown Sugar had |
| '777'marricings) |
| I.e. Pak Original) |
| Do - British Air Passenger Mumbai NCB |
| False bottom of CSI Airport |
| Suit case |
| Do - Bus Passengers Tuticorin NCB + DRI |
| |
Several Foreign Nationals especially Nepalese, Pakistanis, Burmese East African Nationals have been arrested in India - thus we should look for such nationals in your Districts and have surveillance over them when they come for registration.
DISTRICTS AFFECTED WITH GANJA CULTIVATION IN A.P.
1.Vizag (Hakumpet, Anantagiri, Paderu, Dumbriguda, Madugula, Peddabailu Mandals). 2. East Godavari (Prathipadu, Shankavanam Mandals). 3. Mahabubnagar (Amarabad, Longala, Kollapur Mandals) 4. Nizamabad (Dichpalli, Dharpalli, Sirikonda, Bheemgal, Julckal, Gandhari & Lingampet). 5.Medak (Narayankhed, Manoor, Kangti, Kaihair, AIladurg, Pulkal, Jagdevpur, Wargal, Toopran, Mulugu, Munipalli & Doulthabad). 6.Warangal (Atmakur, Geesugonda, Hasanparthi, Dharmasagar, Sangam, Mahabubabad, Neffikudur, Korvi, dornakal, Narsampet, Duggondi, Nallabelli, Nekkonda, Maripeda, Narsimlapet, Mulug, Parkal, Regonda, Sayampet & Chitiyal). 7.Adilabad (Boath, Indervelli, Nanoor, Jainoor). 8.Ananthapur (Raptadu, Peddavaduguru, Bathalapalli, Gummadagatta, Bommanahal, Penugonda, Puttaparthi). 9.Chittoor (Mulakala Chervu). 10. Prakasam (Markapuram & Dornala areas abutting Nallamala forest). 11. Guntur (piduguralla, macherla, Krosuru)
Affected Groups
> Students, Young kids > Gypsies > Professional addicts, Adults >Beggars, Vagabonds
@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@
Counterfeit currency
A ) paper : size ; thickness; quality ( crackle)
B) Design: 1. Size of printed design : no difference in genuine but a counterfeit will differ
2. Defects in design: eg. Serial numbers with fixed relative positions
c) colour : unless prominently different it is difficult to judge for a layman.
Colour of genuine note is distinctive in nature,
Water mark: it’s a sure test of a forged note. Often very clear in UV light.
Quality of printing: a single defect or break in lines etc is not a sure sign of forgery. But multiple breaks may be a definitive sign of forgery.
NOTE DESIGN POLICY
The central banks the world over change design of their bank notes primarily to make counterfeiting difficult. India also follows the same policy.
Special features introduced in the notes of Mahatma Gandhi series The new Mahatma Gandhi series of notes contain several special features vis-a-vis the notes issued earlier.
These are:
Security thread :Rs. 10 and Rs.50 notes contain a readable but Fully embedded security windowed Security thread. Rs. 100,Rs.500 and Rs. 1000 notes contain a readable windowed security thread. This thread is partially exposed and partially embedded. When held against light, this thread can be seen as one continuous line. Other than on Rs. 1000 notes, this thread contains the words 'Bharat' in the devnagri script and 'RBI' appearing alternately. The security thread of the Rs. 1000 note contains the inscription 'Bharat' in the devnagri script, '1000' and 'RBI'. Notes issued earlier have a plain, non-readable fully embedded security thread
ii) Latent Image: A vertical band behind , on the right side, of the Mahatma Gandhi's portrait, which contains a latent image, Showing the denominational Value 50, 100, 500 or 1000 as the case may be. The value can be seen only when the note is held on the palm and light allowed to fall on it at 450 ; otherwise this feature appears only as a vertical band.
Iii) Micro letterings: This feature appears between the vertical band and Mahatma Gandhi portrait. It contains the word 'RBI' in Rs. 10. Notes of Rs. 50 and above also contain the denominational value of the notes, This feature can be seen better under a magnifying glass.
Iv) Identification mark: A special intaglio feature has been introduced on the left of the watermark window on all notes except Rs. 10/= note.
This feature is in different shapes for various denominations
Rs. 50: Square,
Rs. 100: Triangle,
Rs.500: Circle,
Rs, 1000: Diamond
And helps the visually impaired to identify the denomination.
V) Intaglio Printing: The portrait of Mahatma Gandhi, Reserve Bank seal, guarantee and promise clause, Ashoka Pillar Emblem on the left, RBI Governor's signature are printed in intaglio i.e. In raised prints in Rs.50, Rs.100, Rs.500 and Rs.1000 notes..
Vi) Fluorescence: The number panels of the notes are printed in fluorescent Ink. The notes also have optical fibres. Both can be seen when the notes are exposed to ultraviolet lamp.
Vii) Optically Variable Ink: The numeral 1000 on the Rs. 1000 note is printed in Optically Variable Ink viz., a colour-shifting ink. The colour of the numeral 1000 appears green when the note is held flat but would change to blue when the note is held at an angle.
Forgeries: how does one differentiate between a genuine note and a forged note? The notes on which the above features are not available can be suspected as forged notes and examined minutely.
The legal provisions: Printing and circulation Of forged note are offenses under Sections 489A to 489E of INDIAN Penal code and are punishable in the courts of law by fine or imprisonment or both depending on the offence.
Remember: An aware public is the best safeguard against forgeries.
Forgeries on the currency notes are quite well known easiest methods - rich overnight neither ethical nor safe requires very costly equipment ' complicated technical know how a big project& the result number of centers dealing with counterfeit currency are very small number the technical know how - complicated a single man / few persons cannot run it efficiently a large number of persons- associated which makes the job of detection easier
@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@
ARMS AND EXPLOSIVES - BALLISTICS
Cases found in:
· Rioting ,Shooting ,Encounter, Faction Murder, suicide, accidental, homicide ,Terrorist, naxal, antisocial underground criminal activity
| Typeof physical evidence | Questions to be put |
| Fire arms | Was any weapon found and if yes where? Whether it is company made or country made Is the weapon smooth bore/ rifled What is its bore/caliber What is the make and model Whether it is prohibited or not Was the weapon in loaded condition Whether it comes under the purview of arms Act or not. Whether the firearm is in working order, if not what repairs are required Whether the firearm is prone to. Accidental discharge What is its effective range Whether recently used for firing What type of gun powder is used. If any erased markings restore the original Markings. Sketch of the position of the empties and lives in the cylinder |
| Parts of fire arms | Whether they come under arms act What is their nature and type |
| Cartridges | What is its caliber/bore Whether it is company or country made What is its shot size number. Whether it is live or not Through which weapon they can be fired Whether it is reloaded or not. What type of gun powder is used. |
| Cartridge cases | What is the caliber/bore From. Which type of weapon it was fired. |
| Bullet | What is its caliber Whether the bullet was fired or not Whether it was fired from a company made or Country made firearm. |
| Pellets/wads | What is the shot size number What is the size of the bore/caliber How many no. Of cartridges were fired What is its make. What kind of gun powder was used to propel The pellets & wads |
| Clothes and other materials affected by firing | How many no. Of firearms were used How many, no. Of shots were fired What is the range of firing Whether the holes are entry /exit/multiple Entry by one bullet or not What type of gun powder was used for firing Whether the rents were caused by the leaden Projectiles or copper jacketed bullets etc., |
| Post mortem certificates | What was the range of fire What was the angle of fire Whether the wounds were entry or exit How many no. Of shots/bullets were fired. |
Cases:
In January 2005, at 5 pm, an exchange of fire took place between police and janashakti dalam in the outskirts of ravi nagar dharmarao pet village resulting in the death of one person who was the dalam member. 8 mm rifle 8mm live cartridges and empty cartridges were all seized from the scene of offence.
In February 2005 at 2 am., resident of nagireddipally village kothacheruvu mandal who is a member of red star banned organization surrendered himself before ASP dharmavaram and handed over a company made revolver and four cartridges.
: A youth aged 30, was forcibly taken away in a car by two accused persons over a monetary disputer. Quarrel ensued among themselves in the moving car. One of the accused, fired a shot from A 9 mm pistol injuring the victim on his left leg, the bullet pieces finally lodging in the right foot. The young victim could, however snatch the pistol which he threw, out from the car window. He then jumped out of the car. The fired 9 mm cartridge case from the suspect car was linked with the weapon (9 mm pistol) collected by Police from the road side at the instance of the victim. Also the rifling marks on the two bullet sheath pieces recovered from the right foot of the injured matched with that on test bullets fired from the suspect pistol. Lead from the ruptured fired bullet was shown to have been transferred to the shot hole on the right leather shoe. The presence of blackening and powder particles around the initial shot hole on the victim's pant (left leg) was consistent with close range firing.
In a case of murder, all the seven cartridges loaded in a seven chambered 0.32 revolver were fired on the victim. Of the bullets recovered from the victim's body, four were in good condition and matched characteristically with the crime weapon.
A bullet removed from a victim of shooting by a 0.22 caliber weapon, was compared with test fired bullets from the 0.22 firearm alleged to have been used in the offence. It was conclusively demonstrated that the weapon in question could not have fired the crime bullet.
: Light was thrown on the criminal activities of a constable from Goa when his 7 ' 65 mm pistol was ‑submitted by his wife in 1980 after his death. Two 7.65 mm pistol empties recovered in a Rikshaw driver's murder in 1973 and two 7.65 mm pistol empties i.n a double mu * rder in 1976 (both submitted to the laboratory in 1976) tallied among themselves but could not be linked with the alleged 7.65 mm pistol then referred along with the empties in 1976. However, re‑examination of these empties in 1980 revealed that they were fired from the late constable's 7.65 mm pistol. This helped in solving the earlier murders to the satisfaction of the:police and the public, though the accused was now dead.
Crime cartridge cases fired from diverse types I of weapons like shotguns, pistols, revolvers, rifles, country made handguns, etc, have' been characteristically matched through their firing pin impression, breech face impression, ejector mark, firing‑pin drag, breech scrape, or chamber marks.
In a case of murder with a 0.30‑06 rifle, the crime cartridge case was mutilated by the accused by punching off its firing pin impression. The fired cartridge case could however be characteristically linked to the crime weapon through the ejector mark.
: In a case of fatal shooting by 0.30 Weatherby magnum shot, the fragment of the, bullet jacket recovered from the victim was matched with the bullet jacket of the ammunition seized from the accused, in respect of presence (qualitative and quantitative) of seven trace‑elements and absence of the‑Test in either of these.
In a case of murder using LG shot, the LG shot removed from the victim, that found at the scene of crime, and that from the ammunition recovered from the accused were matched in respect of presence (qualitative and quantitative) of five elements and absence of others..
In a case of murder by use of a shotgun the firing distance on the basis of nitrite pattern on the victim's dhoti, compared with test patterns with the same gun and ammunition, and the corresponding shot dispersion established the firing distance to be of the order of 2 yards.
In a case of fatal shooting by a shotgun (shot No.2) the alleged distance of firing, viz, 10 yards was confirmed by examination of shot dispersion on the shirt of the deceased.
In a case of accidental shooting indoors of a girl, the plea that she was shot from the outside, was turned down by observation of very close distance firing phenomena, melting of the synthetic fabric of frock by the flash and characteristic blackening around the shot hole on the cotton undergarment.
Diverse types of country made handguns mostly breech loading shotguns, pipe guns, etc, as also country made ammunition have been examined. Some of the unusual country guns included (a) a double action seven chambered revolver capable of firing country made ammunition (b) 0.32/0.22 handgun with over and under barrel capable of firing standard ammunition, and (c) a 0.22 air pistol Converted to fire 0.22 rim‑fire standard cartridge.
A gang of persons engaged in fabrication of parts of country made firearms was arrested. Steel rods and strips used were shown to match with the fabricated parts like barrels, breech block, etc, on the basis of the presence (qualitative and quantitative) of four trace elements and absence of others.
Guidelines in cases involving firearms:
· IO should have a clear idea of the type of weapon in common use in that area.
· The weapon at the scene should never be touched before its location recording sketching photo videography
· Develop fingerprints
· Detailed notes on condition of weapon position of safety catch cartridge case and whether the cartridge found in the weapon are defective on e or a defective one sticking and rendering the weapon inoperative. If loaded carefully remove the cartridge separate and mark with a label. [ label tied to the rim]
· Take barrel washings to know the type of powder used
· Look for presence of wads in and around the scene
· In case of shot gun look for pellets and the likely places of embedment
· Bullet and cartridges preserved in a protective role of cotton or soft material in a pill box
· The nature of weapon distance from victim the person who used it material seized from the suspect’s premises, materials procured and purchased in case of country made weapons
Common. Mistakes committed in writing letter Of advice and packing
1. Use of proper technical terms:
| Eg. | Bullet | as | pellet |
| | Cartridge | as | bullet |
| | Cartridge case | as | fired bullet |
| | Company made | as | country made |
| | Six chambered | as | five chambered |
| | Mentioning cartridge | as etc., | live |
2. Brief history of the case
Eg: in case of a accidental firing / negligence of firing self defence, firing the complete details of case should be given.
3. Sample seal / seal on the parcel
Legible, specific and personal
Use of coins, seals such as AP POLICE etc., should be avoided. In cases where doctor recovers mo's sample seal of the Doctor should be sent
4. Colour photographs of fire arm wounds (with scale) are Preferable to black and white photographs.
5. Typed copy of pm report or injury certificate along with Injury diagram is necessary
6 description of packing should be tallied
7 pc's name and number should be tallied
8 victim / deceased clothes should be properly collected
And packed after drying in shade
9 packing should be complete and intact
10 packing should contain outer label.
11 one packing should contain MO's of one crime only.
12 firearms should not be sent without packing and in loading condition
13 panch chits must be affixed on MO's
Name & designation of the investigating officer must be present at the end of letter of advice.
Common causes for accidents with firearms:
· Mismatching of firearm and ammunition
· Defective ammunition [excessive loading, oversized projectiles, unsuitable powder,]
· Fire arm may be old or rusted
· Improper alignment of cylinder and barrel in the revolver
· Improper closing of breach end
· Defective trigger pull or defective catch
· Negligence about the safety devices
· Negligent handing of the weapon
Important precautions and guidelines for the collection of physical evidence involving firearms.
· In case of a crime scene involving firearms all possible evidence such as firearms, empty cartridge cases, live cartridges, bullets, pellets, wads, gun powder and gun shot residue should be recovered after properly recording and photographing the position of each item.
· Firearms in loaded condition should not be sent to Forensic Science Laboratory. If there is any difficulty in unloading the firearm the services of the ballistics expert has to be requisitioned. In extreme cases where the firearm has to be sent in loaded condition, the safety catch of firearm should be kept in safe mode and the constable who carries the case property should be informed about the loaded condition of the firearm and the parcel should be marked with red letters “ Handle With Extreme Caution- Firearm Is In Loaded Condition� .
· The firing pin of the firearm should be protected with cotton before packing the firearm.
· Empty cartridge cases and bullets should be packed separately in cotton.
· Live cartridges should be packed in a wooden/card board boxes with proper padding.
· Blood stained clothes and wads should be dried in shade and then packed separately taking due care not to disturb the gun shot residue.
· While recovering bullets lodged in furniture, walls etc care should be taken so that the rifling marks on the bullets are not disturbed.
· Collect unburnt or partly burnt propellants
· If the bullet is lodged in the furniture walls or trees remove the material around the palce of lodgement and then loosen the bullet [use rubber tipped forceps for this purpose]
· Mark the bullet on its base.
· Mark the fire arm on its frame and barrel
· Muzzle of the firearm may be capped
o If the symptoms of firing are present on the body or clothing, keep a scale near it and take a colour photograph to be used for estimating the range of fire along with PM injury diagram and injury certificate. \
o Do not fold the cloth across the bullet hole. Collect the swabbing of both the hands of the shooter separately
o Photograph the ricochet area and preserve the ricochet traces on the bullet.
o Dry clothes bullets pellets clothes and other items of evidence of firearm case before packing
o Use proper technical terms in LOA
o Sample seal and seal on parcel should be legible
o Packing must be intact with the description of the parcel
o Scaled Colour photos of the firearm wounds
o Do not use probes to extract bullets pellets from holes
· Do not wash barrels or bullets
· Shooting through glass:
o Scaled photograph of the damaged glass both sides
o Send whole glass frame with bullet hole, avoiding damage
o Powder pattern on it should be covered with cellophane paper
o Note the distribution of the glass pieces and separately pack them for both sides.[ entry side and exit side]
Medico legal aspects of firearm cases:
1.5. Firearm Cases
| Personal history of victim(optional) | Yes [No |
| Location of shooting | Yes /No |
| Presence or absence of gun | Yes [No |
| Type of gun | Yes/No |
| Preservation of evidence | Yes /No |
| Photographs of scene/ video graphs of scene | Yes /No |
| Gloved hands Pick up weapon from muzzle with a | Ye Yes/no /No |
| Handling in-, of cloth and body I | Yes /No |
| Transportation of body covered / Uncovered | Yes/no |
| I Hospitalization | Yes [No |
History of circumstances of the firing at Mortuary/Hosp.
· Whether clothing have been examined in detail and details are mentioned in the report or not?
· Whether entry and exit have been identified and their dimension and appearance have been described?
· Whether presence or absence of powder has any mention, in near range only?
· Whether X‑R ay had been advised and taken, even in brought in dead cases? It acts as very good piece of evidence in investigation. Whether other injuries are written in detail ? Whether swab from wound are preserved or not for analysis of gun powder residue?
· Whether all evidences related to firearm were preserved or not :
I . From Crime spot ‑ Police or Forensic Scientist in
2. From near the body before transportation to mortuary
3. At the time of autopsy
4. At cremation ground
5. Late recovery from any above sites
Recording of findings‑ Oil sketch diagram Number of wounds on clothing wounds oil body Close /distant range
Table: Collection of evidence List by doctorÂ
Tick Yes /No
| Blillet/Pellets/Wads (Details below) | Yes/No |
| Swabs | Yes/No |
| Radiographs | Yes/No |
| Photographs | Yes/No |
| Tissue | Yes/No |
| Sketch of bullet | Yes/No |
| Wt. Of bullet | Yes/No |
| Photograph of bullet | Yes/No |
| Sketch of injury on body | Yes/No' |
| Video graph | Yes/No |
| Any other (mention | |
Tick Mark the appropriate
| Cartridge Weapon (Smooth Bore)Evidences | Bullet weapon (Rifled ) Evidences |
| 1. Pellets | 1. Bullet Recovery |
| 2. Soot and debris | 2. Powder residues Preservation |
| I Unburnt and burning Propellant | 3. Flame and powder Effect description |
| 4. Flame and hot gases Gases | 4. Bullet fragments Recovery |
| 5. Wads Fragments of the Cartridge case | 5. Types of bullet Recovered |
| bullets | 6. Rifling marks noted |
| Artefacts in hospital‑ | Surgical intervention, Trochar wounds, alteration in size in decomposed bodies, removed bullets in body |
The following arc some important questions , which arise in firearm cases.
· Is the injury the result of discharge of a firearm ?
· Whether the firearm is a prohibited weapon or army ordnance or uniformed services standard issue?
· What was the distance and direction of fatal shot ?
· Which one of the wounds was fatal?
· What was the course of the projectile in the body?
· Whether injuries produced by a single or multiple weapon?
· How long could the victim have survived after being shot?
· How much activity could the victim have performed after the shooting?
· Was death solely due to firearm injuries?
· What was the angle of fire?
· What was the position of the victim when shot?
· What was the position of the shooter in relation to the victim?
· Are there multiple wounds?
· Could they have been produced by one bullet?
· Could have they been fired from one or more guns?
· What was manner of firearrn incident and injury ‑ suicidal / accidental homicidal ? If possible to comment.
Explosives, Its remnants, Residues and components
Cases: Bomb blast cases , Explosives used by extremists.
| Physical evidence | Questions to be put |
| 1. Bomb blast cases Explosive remnants in the form of pieces of thread, cloth, glass Soil from the crater etc, and also other affected objects in the vicinity of explosion. | A) Whether explosive or no B) Low or high explosive. C) Approximate quantity of explosive charge and risk potential. D) Type of explosive device, E) components used for explosion |
| 2. Recovery/ seizures. , Live explosive Representative sample of chemical substances and components collected by the bomb defusal experts | A) Nature of explosive substance B) Low or high explosive. |
Cases:
1. It is a case of high explosive material with 55 electric detonators found near a village on tar road. A well planned organized offence , kept in a small steel container. All detonators are made into a bundle consisting of five detonators each. All interconnections led into only two wires which were protruding out of the cement block. If the material explodes, it has to break two feet concrete. Preliminary examination revealed the chemical nature of the material which gave valuable leads to the investigation. It is an example of proactive role played by FSL.
2. This is a case of seizure of live bomb occurred in may 2000.some unknown culprits kept a bomb under a bench in the premised of famous church in vikarabad with an intention to harm the devotees. The same was seized and the police were informed. There were no causalities in this case. A total of five items were received in this case .
3.Explosives!
(i) The composition of the high explosive used in letter bombs was established.
(ii) Residues of explosions (especially throw downs) have been detected on the debris collected at a number of scenes of explosions, likewise, on the clothes of a victim.
(iii) Industrial accidents, etc.: (i) An explosion of an oil tanker resulting in the death of a number of workers was investigated and found to be due to a diffuse gaseous explosion, as against a localised or concentrated high explosive detonation.
(ii) Gases which caused industrial accidents, like oxygen, chlorine, etc were examined and identified in the cylinders.'
Arson and fire residue
Cases: Arson , Rioting ,Vitriolage (Acid throwing) ,Terrorism and extremism ,Mafia underground activities ,Fraud ,insurance claims, Business rivalry, Overcome depreciation value, Business losses, Sabotage cases ,Bank frauds ,Whiter collar crimes
| Nature of physical evidence | Questions to be put |
| Fire/Arson/ Burning Partially burnt and affected material objects like clothes, objects in-vicinity along with ash etc. [acid]Affected clothing material, containers seized at scene, And other affected objects. | Whether any fire accelerants are present or not Acid: A) Nature of acid B) Corrosive potency. Pieces of skin, soil |
Cases:
In the month of may 2000 around 4 pm., fire broke out from a company in vijayawada. This caused colossal loss to the owner of the company. Swabs were taken from the scene of offence, and from the tanks and tankers. Chemical examination of the items revealed the presence of inflammable chemical substance in addition to corrosive chemicals.
This is a case of fire accident which occurred in the storage godown of a factory where cashew nuts were stored. As per the history of the case, 600 bags of cashew nuts each 80 kg were stored. The accident took place in December 2000 around 6 AM. A total of six items were received for examination in the form of ash along with burnt cashew nuts and broken locks. Chemical examination of the above items revealed the presence of diesel in certain items indicating sabotage.
Role of Police Officers dealing with unexploded bombs (UXB)
As soon as the materials suspected to live Bombs or IEDS or components/constituents used for making Bombs and IEDS are recovered/seized, the Investigating Officers should record in detail, the list of items with full description, category-wise in Form 60.
Unexploded country bombs (UXBS) made in different containers and letter bombs may be designed to explode by different switches .
If the Investigating Officer is not satisfied with his handling capabilities, then a guard should be placed over the bomb and report to the senior officer and send telegrams immediately to the Chief Controller of Explosives, Nagpur as well as to the Deputy and Controller of Explosives, Sultan Bazar, Hyderabad or Bomb Disposal Squad asking for assistance to render it safe.
The Investigating Officer shall give requisition for defusion of bombs and IEDS to the Bomb Disposal Team attached to CID, care of Addl. DGP, CID, DGP Office Complex, Saifabad, Hyderabad. All the samples collected by the Bomb Disposal Team officer should be sent to FSL through the IO along with the letter of advice and the Bomb Disposal Team officer’s findings in the form of report. Similarly whenever explosives are seized they should be sent through concerned Court/Police Officer of the rank of SDPO and above. Under no circumstance, live bombs and explosives should be sent to FSL.
In all cases of explosions the Investigating Officer should collect the residual explosion materials from the scene of crime. In sensational and important cases, clues team should be requisitioned immediately for physical inspection and for assessment of the damage, risk potential and the nature of explosion. The experts, who inspect the scene of explosion, will be in a position to collect relevant material for chemical analysis as well as make an in-depth study of the damage and risk assessment.
The Investigating Officers, while dealing with scenes of explosion should photograph and videograph, the entire scene covering the surrounding areas and all portions of the scene. An overall sketch of the scene should be prepared describing the specific details of damages caused by the explosion including damages to the neighbouring areas. The weather and atmospheric conditions at the time of explosion should be recorded. Statements of eye witnesses in respect of time of explosion, sounds heard, colour and height of the flame and smoke observed, smell noticed etc., should be ascertained and recorded.
They should also look for any craters caused due to explosion by carefully removing the debris. If a crater is found, its photograph should invariably be taken and forwarded to FSL along with the physical dimensions of the crater properly measured using measuring tape, depth gauge etc. The type of the floor, where the crater occurred should be described such as loose soil, concrete, stone slabs, BT road etc.
Other information such as the type of electrical connections, inflammable materials found at the scene, nature of activity carried out in the premises and the surrounding areas and any other relevant information leading to the cause of explosion should be furnished in order to properly identify the cause of explosion and risk assessment. All the above records, photographs, video tapes, sketches, notes, data, information would enable the scientific expert to arrive at the nature of explosion and the approximate quantity of explosive material that could have caused the explosion. The investigating officer will forward the materials seized from the scene of explosion to FSL through Court/SDPO. These samples should be dispatched through a messenger along with letter of advice, seizure record and other related documents.
In case the risk potential assessment is required in major explosions, the Investigating Officer should forward full details of the remnants of materials seized along with photographs of the scene of explosion. Any opinion regarding the cause of explosion, seat of explosion, quantity of explosive materials responsible for causing the explosion etc., can be offered by FSL only when a video tape, colour photographs and full description of the materials seized and the damages occurred are sent.
Role of Bomb Disposal Team
The Bomb Disposal Team (BDT) is responsible for defusion and disposal of live Bombs/Explosives seized all over the state of Andhra Pradesh. On requisition the Bomb Disposal Team attached to CID Hyderabad or other Organizations and Districts shall proceed to the place of seizure and follow the instructions contained herein.
On reaching the spot, the BDT officer should commence the work on the basis of the authorization from the Court/SDPO obtained by the IO by way of a letter or an endorsement on the Property Seizure Report Form 66 of AP Police Manual. A copy of the authorization letter/endorsement should be retained by the BDT officer in his file for record. Having been authorized by the relevant authority the BDT officers concerned should proceed for preliminary inspection of the materials. An overall survey of the material seized should be done for identification of the nature of material. During this exercise, he should be able to make a preliminary assessment of nature and potential of the bombs, which would ultimately be useful in the selection of proper method for defusion and destruction/disposal of bombs.
He should verify the seals, labels and signatures of witnesses in whose presence the materials were recovered by the IO and record discrepancy, if any, in his files.
He should carefully check the seized container and the contents thereof and verify that they tally with the description given in the property seizure form. The description should also indicate the size, shape, color and other physical details such as visual appearance etc., of the materials.
He should maintain a separate record of all the observations in his file. Having satisfied that the materials, inspected by him are tallying with the seizure report, he should decide the method of diffusion.
Defusion should invariably be done strictly in accordance with the safety and security precautions. Different category of explosives requires different types of defusion procedures. In this connection the standard procedures laid down for safe handling, defusion, destruction and disposal of explosives should carefully be followed.
The next step is collection of samples to know the chemical composition and assessing risk potential of the bombs. The BDT officer should broadly categorize the seized materials before collection of representative samples. The purpose of sampling materials is for chemical analysis. By chemical analysis, chemical composition of material seized can be ascertained. The physical description of each category of bomb such as size, shape, volume, weight and quantity/number is essential for assessment of the risk potential. The BDT officer should obtain a videograph/photograph of the entire seized material preferably at the place of seizure (except in cases where the material is suspected to be vulnerable to flash light), for correct assessment of risk potential of the total quantity of material seized. The place, date and time of seizure should also be indicated.
In case of low explosives such as throw down bombs, gunpowder etc., a small quantity of the material of the size of medicinal capsule shall be collected after diffusion of each category of bombs and shall be packed in 5 –10 ml glass (injection) bottle filled with water, preferably distilled water. The bottle should then be properly sealed and labeled with the signatures of the BDT officer indicating Police station, Cr. No., Item No. Etc.
In case of other components of bombs like threads, glass pieces, nails, stones, paper pieces etc., a representative sample shall be forwarded to FSL for opinion.
In case of bombs containing high explosives such as grenades, tin bombs, claymore mines, land mines, pipe bombs etc., a representative sample of chemical substance shall be collected where diffusion is not possible, a residual portion of the explosive material may be sent for chemical analysis.
Bombs and IEDS made of high explosives are not required to be returned to the court for presentation during trial. The reason for such exceptional treatment is on account of public safety, as they are likely to explode even after diffusion under certain circumstances.
In all cases of high explosives, the Bomb Disposal Team officer should destroy the materials at a safe and convenient place in the local area following all the rules, regulations, precautions, procedures and practices given in the Explosives Act, Explosive Substances Act, Explosives Rules, and as per laid down standard procedures. A certificate to this effect has to be given to the requisition authority by the Bomb Disposal Team Officer.
In case of throw down type bombs or similar bombs made of low explosives, after diffusion and sampling, the remaining portions of the bombs such as sharpnels, threads, paper etc., should be to the court after thoroughly washing out the chemical rendering them harmless. Such material should be submitted to the court in the original container in which it was seized after carefully packing, sealing and labeling for subsequent identification.
White collar crimes
DEFINITION OF WHITE-COLLAR CRIME:
It is defined as an illegal act or series of illegal acts committed by non physical means and by concealment or guile, to obtain money or property, to avoid the payment or loss of money or property, or to obtain business or personal advantage.
White - Collar crime may be defined approximately as a crime committed by a person of respectability and high social status in the course of his occupation. H. Sautherland.
White - Collar crimes are violations of law by persons in the "Upper Socio Economic class"
CHARACTERISTICS OF WHITE-COLLAR CRIME:
* Motive of the criminal is avarice or rapaciousness.
* The background of the crime is non-emotional (unlike-murder, rape). There is no emotional reaction between the victim and the offender.
* The victim is usually the State; or a section of the public - even when there is al individual victim the non implement of the offenceis harm to society
+ The M.O. of the offender is fraud, not force.
+ Usually the act is deliberate and willful.
+ Material acquisition and loss of sense of social responsibility among the affluei classes, lead directly to the growth of White - Collar Crimes.
* Loss of moral fibre is a resultant grievous casualty.
TYPES OF WHITE - COLLAR CRIMES
White -collar crimes could be classified, inter alia, in the following broad categories:
A) Commercial, banking and insurance frauds.
B) Foreign exchange violations including hawala transactions,
- Under-invoicing exporters or over - invoicing of imports and
Exports etc.
C) Violations of industrial / labour and environmental regulations.
D) Tax and duty evasions and smuggling. Duty evasions could be of Customs or Excise. Misuse of advance licences is an offence in this category.
· Adulteration of food and drugs.
· Hoarding and black-marketing. This would be an offence only if the commodity is a statutory controlled item.
G) Counterfeiting currency notes and coins.
H) Criminal misappropriation and criminal breach of trust, which generally involve also forgery of documents and falsification of accounts. Many directors and senior executives of companies commit these offences.
· Cheating
· Illegal antique deals
· Trafficking in drugs and money laundering the proceeds
· Smuggling
· Chit fund frauds
· Bribery and other modes of corruption.
White collar crimes common characteristics:
· Offences tend to be invisible extremely complex . Diffusion of responsibility makes identification of guilt extremely difficult.
· Diffusion of victimization make it difficult to detect
· Difficult to prosecute
· Potential lenient treatment
Ambiguous criminal status.
· Handwriting in important documents in all transactions involving documents also being subject of frauds as the criminal take advantage of this medium for their self interest
· Falsification of bank document
· Creation of threatening letters
· Fabrication of suicide note
· Anonymous letters to satisfy revenge
· Impersonation by falsified caste certificate
· Embezzlement
· Misappropriation by making false documents
· Additions and alterations in a document thus falsifying it
· Forged documents
· Antedated documents
· Using forged documents as genuine and fraud committed thereon
· The making of false document in a fictitous name is also forgery
· Ones own signature is also considered forgery if it is made on antedated documents [Section 464 IPC]
Exemplars
· Financial business documents , passed bank cheques dds, withdrawal forms, account opening forms, specimen signature cards, financial receipts registers ledgers aquittance, loan documents and agreements,
· Documents in white collar crimes and scams
· Loan documents
· Vouchers
· Day books and sub day books of relevant dates
· Encumbrance certificates
· Municipal plan approved
· ULC approval
· Legal opinions
· Valuation certificate
· Link documents
· Loan sanction and disbursements documents and vouchers
· Correspondence if any
· Inspection and audit observations by the banks internal and RBI and statutory auditors on the issue or loan account
· Unit visit reports by the banks staff
· Other periodical returns required by the bank to be submitted to it.
· Modus operandi details reported to RBI in case of fraud
· Falsification of securities and accounts
· Types of documents that have to be seized in case of company in case criminal breach of trust:
· Cash book ledger journal book vouchers cash and journal including supporting documents
· Correspondence files including telex messages\
· Minute books of the meeting of the board of directors
· Counterfoils of cheques and pay in slips
· Account statements received from banks
· Other relevant documents
· Scrutiny of accounts
· CA should be associated in investigation whenever complicated accounts are involved, a signed report of CA to be obtained admissible under 65 g of evidence
· act.
SALIENT FEATURES OF INVESTIGATION OF WHITE COLLAR crime.
Police Officers find it difficult to investigate such cases on account of their lack of knowledge of commercial usages and customs, commercial law, method of Book Keeping and accountancy. It would, therefore, be desirable to train police officers in these areas to enable them to detect and prevent such, offences effectively.
To investigate White Collar Crime, the investigator will have to make speedy two pronged drive.
(a) To collect evidence to prove the guilt of the accused, and
(b) To freeze the assets of the accused and his conspirators.
For the purpose of (a)
· Minutely study the method employed.
· Examine all connected documents.
· Arrange for thorough audit.
· Location of suspects and accused and their interrogation
· Verification of their statements.
· Part played by forensic scientists. For the purpose of (b)
· (YH) A number of officers may have to be deputed for details of accused and suspects assets - their location survery number in* case lands, their boundaries, etc.
· Im: mediate Judicial Orders to different banks to stop payments and operations of suspected accounts.
· Obtaining injunctions and immediate attachments of all properties of the accused and suspects.
· A I Attendance on each date fixed in civil court.
DIGITAL CRIME CYBER CRIME
Digital crime?
The term encompasses all types of crimes in which the tools or the objects of crime employ digital technology.
Cyber crime?
Cyber crime pertains to those crimes committed in a networked environment especially on the internet or intranet, LAN OR WAN
Computer crime?
It is broadly used to describe a crime that involves computers or other such electronic devices.
Cyber crime is a subset of computer crime which itself is a subset of digital crime which is a universal set.
E commerce?
E commerce means doing business online. They also include digital products such as audio, video, data base etc.
Electronic markets?
They refer to online trading and auction, ebay , 5 paisa .com are example.
The transaction takes place via data interchange between firms. Consumer oriented electronic commerce has a long history. Each time you use ATM or present your credit card you transact business electronically.
Payment gateway?
Example is ‘verisign’. It is the agency which secures the transaction of payment and receipt of money electronically with least amount of loss of confidentiality or personal data to third parties.
CREDIT CARD FRAUDS
Credit card numbers are stolen from the online databases bulletin Boards and other online services are frequent targets.
Giving away your personal details , name , address , credit card number while you are shopping on internet can be a grave mistake.
At the same time at the other end the fraudster might be copying your credit card number for future use for his own transactions.
Caution while making a purchase on the internet:
One must look for the address and phone number of the retailer. A padlock icon present at the bottom of the browser window ensures that the server uses an encrypted form.
ATM frauds:
There are no legal provisions to cover ATM related frauds. All the atms of a bank are connected through a dedicated computer network and hence are vulnerable to fraudulent access. The modus operandi of ATM frauds is similar to credit card frauds. PIN is obtained by hacking the database maintained by the concerned bank. ATM card itself can be manipulated due to inadequate security measures implemented in its design. The card usually has two or three data recording tracks on magnetic strip and each track has many fields within it. Most of the banks ignore track 1 and put card holders name in the fifth field and the account number in second field of track 2. The PIN verification field held in field 9 on track 1. A stolen ATM card can be read with the help of magnetic strip reader. The stolen identification number can be later put on another card with the help of a magnetic strip writer. Alternatively if you know what numbers you want to put in what fields you can write another person’s account number on your own card and use your own pin to rob their account.
CREDIT CARD FRAUDS: EXPLANATIONS
(1) What is a Credit Card?
-- It is an alternative method of paying for goods and services instead of cash.
(2) Explanation of the terms – Credit Card, Charge Card and Debit Card
| Credit Card Credit given Repayment Monthly Minimum Amount Full Amount | Charge Card Credit given Repayment Monthly Instalments Full Amount | Debit Card No Credit Linked to bank account Immediate payment |
(3) Explanation of how the system works –
Visa and Master Card are Associations With trademark With vast electronic network. They license financial institutions like Banks to issue cards & contract with merchants
Process:-
Applicant applies for Credit Card.
Licensed Bank (SBI etc.) Or Financial Institution (American Express) checks his credit worthiness and issues card. Hence agency which issues card is called ISSUER.
C) VISA/ Master Card through Licensed Banks enter into contract with
Merchants/ shop keepers to accept Credit Cards. These agencies promise the merchants that they will acquire the money from the customer and give it to them, if they accept payment by Credit Card.
Hence the bank/ agency which have a contract with the merchants are called ACQUIRER.
OVERVIEW:-
· Individual applies to Issuer Bank
· Issuer issues Card to individual who becomes card holder.
· Card holder goes to Shop keeper who has prior contract with Acquirer Bank
· Shop keeper submits bills to Acquirer Bank
· Acquirer Bank submits bills to Issuer Bank
· Issuer Bank pays Acquirer Bank and collects money from Cardholder.
(4) TYPES OF FRAUDS:-
Credit Cards
-Type of Frauds an overview
ISSUER FRAUDS
· Fraudulent application
· Lost and Stolen cards
· Card not recvd / intercepted
· First party fraud
· Account take over fraud
· Employee fraud
· Software generated Cd Nos
· Counterfeit Cards
ACQUIRER
· Fraudeulent ME application
· Merchant Fraud
· Multiple Imprints
· Sold Paper
· POC pumping
Credit Cards
-Type of Frauds
Fraudulent cardholder applications. What is involved?
When a card application is made using data which is intended to mislead the issuer into believing that the applicant is worthy of receiving a card
Fraudulent cardholder applications
Individual or organized - misrepresenting some material facts like salary on application or using details of other persons.
Possibly result of card center’s lax screening or internal collusion.
Application Fraud
- Controls
· Concentration of applications with same handwriting, from same postal code etc.
· Misspellings of commonly used names of persons, addresses and businesses
· Telephone prefix versus address
· Employer telephone number missing
· Age inconsistent with salary
· False or altered information, financial or personal
Lost / stolen cards
- Definition
· A lost card is one that the rightful cardholder reports as lost.
· A stolen card is one that the rightful cardholder reports as stolen.
· Once the card is lost or stolen a fraudster uses it to obtain merchandise, services or cash.
Lost / Stolen Cards
- Characteristics
Fraud usually takes place within 24 hours. Accused uses the card to buy lots of expensive goods within 24-72 hrs. (72% of loss comes from this type of fraud)
· Often sold to counterfeiters for re-embossing/ re-encoding.
· Sometimes involves cardholder participation.
· Losses represent approximately 47% of all frauds.
Lost/Stolen Cards
- Controls
· Cardholder education
· Card is as important as any other personal document like identity card- Your identity card can be assumed by another
· Treat card as cash
· Card to be returned after usage
· Don’t write PIN on card
· Encourage prompt reporting of any loss or theft
Card not Received / Intercepted
-Definition
A card despatched to a cardholder is intercepted in transit and then used fraudulently.
Card not Received / Characteristics
· Unsigned card[signature comparison becomes worthless]
· Longer activity period before identification.
Card not Received / Intercepted
-Risk Points
· Internal - distribution centre
· Postal staff - sorting / delivery
· Transportation staff - bulk delivery
· Opportunities - mailbox theft
· -misrepresentation
Card not Received / Intercepted
- Control
· New, replacement and/ or renewal cards to be sent via registered mail, or other secure means or arrange for cardholder pickup.
· No recipient other than addressee acceptable
· Follow-up with call or mail to confirm receipt
· Card activation programmes -card activated only upon cardholder confirmation of receipt
· Send PIN separately
First Party Fraud
-What is involved?
· When a cardholder denies ever receiving a new or replacement card when he in fact has, or lodges a false lost / stolen report.
· -Continues to spend on the card and subsequently disputes the charges
When a cardholder sells his card to a third party and lodges a lost / stolen report and disputes the charges on the card.
Skimming Today
-Detection and Availability
· Easily moved or passed between individuals
· They are small, light and easily concealed.
· Can be sent by post or courier anywhere in the world quickly and cheaply.
· Only be used several hours per single location.]
· Mass production ensures a ready supply and cheap cost.
Skimming
-If you recover a skimming Device
· Don’t ask someone to demonstrate how the device worked using the device devices have innocuous self destruct mechanisms that delete all memory
· Don’t press and hold buttons down when on or when turning the device on.
· Do recover all cables, dongles, plug packs, cards [even non credit cards], cds, floppies, fax machines and personal computers including printers and printouts.
· Do record what instructions someone was given to operate the device, but do not try this on this device.
Also look out for
Plastic cards[may be found in transit unaccompanied by persons]
-with / without embossing
-with / without printing on card face front or back
-with / without magnetic stripes
Sales Drafts or transaction Receipts
-reveal where, when and what purchases were made
· Written notes bearing names and numbers [loose leaf sheets or notepad]
Also look out for
· Notebook computer and diskettes [may contain account numbers or account generating software]
· Related computer paraphernalia [cables, connectors etc.]
Point - of - sale [POS] terminal units
Hand phones
Plastic card printing equipment [desktop plastic card printer, paint, proofs etc.]
Plastic card finishing equipment [embosser, encoder, hot-stamping machine, magnetic tape, metallic foil etc]
Skimming Controls
· Merchant staff must verify the identity of any terminal vendor who makes maintenance or service calls.
· Merchant staff must be vigilant to the presence of any suspicious - looking devices connected to the POS equipment
· Merchant management may consider adopting tracking staff who handle card transactions
Action on Frauds
-Police help requested
· Investigate Fraudulent cases
· Identify points of compromise
· Identification of the persons responsible
· Interrogation of the persons identified to find out the other accomplices.
· Identify if any professional gang of frauds has been working
· Tracing a missing asset or absconding customer.
· Recovery of the product / dues from customer/ user.
· Arrest of the persons responsible.
Merchant Fraud – submission of fake At the time of application –
(5) WHO IS THE LOSER?
· Individual
· Banks – Financial System
· Financial Services become costly. Hence ultimately, Citizen.
(6) ROLE OF POLICE:-
Type of Fraud Action needed False Applications – obtain, spend, disappear Trace accused Look for collusion of issuer 2) Lost/ Stolen Cards Report to Issuer at once Alert shops, airline ticketing Agencies. Set up Video Cameras in big shops Get shop owner/ assistants to detain/ identify the customer. Look for Card holder collusion. Handwriting comparisons Check bills Look for collusion Handwriting comparisons Know Security features incorporated in Credit Cards B) Look for equipment used for counterfeiting credit cards such as Plastic Cards, Plastic Card printing equipment, embosser, encoder, hot stamping machine, magnetic tape, metallic foil etc. 3) Merchant Fraud 4) Employee Fraud 5) Counterfeit Cards |
SECURITY FEATURES IN A CREDIT CARD :-
· HOLOGRAM –
· Colourful – mirror effect.
· Name of Issue Agency – VISA, Master Card etc.
· Embossed Name, Number and validity period
· Embossed Issue Agency Symbol – V MC
· First four embossed numbers should be the same as the printed numbers
· Angled Issue Agency name on Signature Pads.
Smart cards
The use of smart card and biometrics has been on the rise. Smart card is card fitted with microprocessor chip that can dynamically process data.
· Security related use of it include
· Banking applications
· Identification
· Physical access control
· Inside the card, single chip computers with extensive memory is used.
Java card allows multiple functions protected by firewalls. It allows new functions to be added.
Java card provides functionality within the card. Data can be stored and modified safely within the card itself. Additional security matching a person’s biometric template to one stored on a card can be carried out on a card itself.
Contact-less cards:
The contact-less card in addition to processing capabilities they have the ability for a new code to be created on a card each time it is held up to reader for added security. It has faster data processing, greater memory capability. They can hold information such as employee medical history, encryption algorithm, and biometric identifiers. They last longer and you need not have to touch anything.
Hybrid cards:
It has built in back up system. If one of the technologies fails the rest of the card is still accessible and useable.
Modus operandi:
· Using misplaced or stolen credit cards to purchase goods or withdraw cash
· Securing genuine credit cards from banks using data collected through fraudulent means or forged documents and misusing the same.
· Preparing duplicate cards after copying electronic code data stored on the magnetic strip of the credit debit ATM card using a skimmer having special computer software and re-encodes the same on a fabricated card. Counterfeiting credit cards in bulk using skimmer technology is the latest. Police has limited role in preventing of such crimes as they are private in nature. Customers have a larger role to play.
· They must ensure the personal credit card details are not revealed to others. If card is misplaced or lost, the customer should alert the bank to get the card blocked. Delay even for a few minutes can prove disastrous. Never give your card to strangers which may be copied/ duplicated.
· It is observed that the offenders using fake credit cards collude with shop owners who would give false purchase slips. With people having several credit cards at a time it is difficult to remember the card numbers. It is better to keep the numbers recorded either in print or mobile phones so that they can be fished out when alerting the banks to get them blocked.
Case:
Counterfeit credit card ring busted in city: four persons who allegedly duped banks in the city using counterfeit credit cards supplied by a gang operating from abroad were arrested by the Hyderabad police. In this racket 24 fabricated credit cards were seized from the arrested persons. The fraudsters revealed that they purchased these cards from agents in Chennai at the rate of 15000 per each.
Modus:
International gangs were collecting electronic code data through fraudulent means with the help of technicians they were preparing c0unterfdiet credit cards my reproducing the magnetic strips in bulk using the stolen code. Though their networking of agents, the gangs were selling such cards to local gangs that want to earn money overnight. They are striking illegal deals with some shop owners to misuse the card. The shop owners would issue false purchase slips and give cash to the offenders after discounting the same for their own profit. All the cards purchased were fabricated using magnetic strip data of the genuine cards issued by American banks. In one case an international bank called up a local bank in the city saying its original user was in America and the question of he using the card in Hyderabad did not arise. The local bank approached the police with a complaint. Investigation revealed that the owner of the shop colluded with the gang and issued false purchase slips.
Mobile phone frauds
India plays host to FOUR types of phones
Landlines
Mobile phones based on
GSM technology
CDMA technology
WLL technology
INTERNET [ IP] PHONY
SATELLITE TELEPHONY
What is the Difference Between GSM and CDMA?
In cellular service there are two main competing network technologies: Global System for Mobile Communications (GSM) and Code Division Multiple Access (CDMA). The GSM Association is an international organization founded in 1987, dedicated to providing, developing, and overseeing the worldwide wireless standard of GSM. CDMA, a proprietary standard designed by Qualcomm in the United States, has been the dominant network standard for North America and parts of Asia and Reliance network in india.: CDMA has been traditionally faster than GSM in Data Transfer Speed. Only GSM phones use SIM cards. The removable SIM card allows phones to be instantly activated, interchanged, swapped out and upgraded, all without carrier intervention. The SIM [Subscriber Identity Module (SIM) cards] itself is tied to the network, rather than the actual phone. Phones that are card-enabled can be used with any GSM carrier. CDMA carriers at present require proprietary handsets that are linked to one carrier only and are not card-enabled. GSM carriers, however, have roaming contracts with other GSM carriers. CDMA networks may not cover rural areas as well as GSM carriers. A GSM carrier can offer international roaming, as GSM networks dominate the world market. If you travel to other countries you can even use your GSM cell phone abroad, CDMA phones that are not card-enabled do not have this capability. CDMA phones can become R-UIM enabled in future.
The GSM system has become the most popular cell phone system in the world. They are reaching global scale. It allows roaming seamlessly between networks. It provides a separate user identity [sim card] from the phone equipment.
GSM is a fully digital system, allowing both speech and data services with roaming facility. GSM has been chosen has a trademark for the system and exists in all continents: global system for mobile communications.
Overview:
The different entities contained in it are connected through interfaces. Viz: mobile station, base transreceiver station; base station controller; mobile switching center; local registers; equipment identity register;
Mobile station is the user equipment in GSM. It has got mobile equipment that is phone itself and the SIM subscriber identity module in the form of smart card contained inside the phone. The mes in GSM are independent from network providers. The identity of the subscriber is obtained from the SIM. SIM contains IMSI international mobile subscriber identity which uniquely identifies the subscriber to the network. It also contains information necessary to encrypt connections on the radio interface. ME is identified by IMEI international mobile equipment identity number which can be obtained from the network upon request. SIM exists in two forms large or small. BTS have antenna with several radio transreceiver, each communicating on one radio frequency. Speech and data transmission from mobile station is recoded in base transreceiver station. Base station controller controls the magnitude of several hundred base transreceiver stations. They will take care of call setup, location, update and handover for each MS.
The basic function of mobile switching center is to switch speech and data connections between base station controllers GSM net works and external noon mobile networks. Registration location updating and handover is done by this.
Local registers:
Each mobile switching center is associated a visitor location register which is associated with one or several mscs. It stores data about all customers who are roaming within local area of that mobile switching center. The data is updated.
Equipment identity register: it registers imeis of MS in use.
The network provider can blacklist stolen or malfunctioning MS so that their use is not allowed by the network.
GSM security:
It provides authentication of users and encryption of the traffic across the air interface. Each time the mobile connects to the network, the networks authenticate the user by sending a random number to the mobile. The SIM then uses an authentication algorithm to compute an authentication token using he random number received. Another key is used for encryption of subsequent traffic across the air interface. Since the key changes each time the authentication procedure is performed.
Evidence in the SIM:
SIM contains information that can be of value as evidence:
Name of the network provider.
Unique identification number that can be used to get information from the provider such as subscriber name address phone number associated with the sim. Phone records can also be retrieved from this number.
Access to SIM:
A pin code is required to access the SIM. A four digit code that must be entered to gain access. This number must be entered whenever the phone is turned on. If the user fails to enter valid pin in three attempts the card becomes blocked. The user must instead enter an 8 digit code to reopen it. If the user fails to enter the correct 8 digit code in ten attempts the card becomes permanently blocked and cannot be reopened. PIN can be changed or deactivated by the user. The network operator keeps tack of the 8 digit codes for all its users.
Forensic analysis of SIM cards:
SIM card can be accessed by mounting the card on standard smart card reader. To access it software is needed. The content of SIM is organized a series of files containing binary data that can be downloaded. Once the user has authenticated himself with a pin. There are tools available to download binary content of the individual files. There are also administrative tools which synchronize data such as text messages between SIM and the computer.
Location information, serial number, IMSI, MSISDN:
Local area identifier gives information as to where the mobile is currently located. This value will be retained in the SIM card when the mobile is shut off. Os it is possible for an IO to determine in which location area the mobile was located when it last was operating/ switched off. Location area can contain hundreds and even thousands of cells. Which cell the mobile was last camping is not stored in the SIM. The serial number IMSI and MSISDN provide unique identification of the customer. The serial number identifies the SIM itself. The IMSI is the customer identification number. And the MSISDN is the phone number of the mobile. The SIM provides storage space for text messages. A common configuration is that all incoming messages are stored by default and outgoing messages are stored only at the user’s explicit request. When a user deletes a message, the status byte is set to zero. Thus deleted text messages can be recovered for the status byte as long as the slot has not been overwritten by a new message.
Short dial numbers:
To aid the user in remembering numbers, most phones have an ability to store commonly dialed phone numbers. Around 100 such slots are available.
Last number dialed:
SIM has the ability to store the numbers last dialed. Usually 5 such slots are available.
Call logs and phone memory:
Some phones have call logs and phone memory for both dialed and received or missed numbers.
Attacks on SIM:
The most obvious attack method is removal of evidence by overwriting storage space. For instance, a person knowing that deleted text messages care still accessible could use the card editor to overwrite the messages with other information. SIM is often attacked to impersonate another subscriber. Protection against impersonation relies on the SIM security features like PIN code.
Access to mobile equipment:
SIM PIN code when the phone is turned on. And a separate access code to access the phone memory.
Forensic analysis of GSM phones:
Digitally image the content the phone memory chip and analyze the contents offline. Tools for accessing the phone memory directly are available on the internet called flashers. Most phones can be connected to a computer for data transfer by a special cable from the manufacturer or by using blue tooth wireless interface.
Third method of forensic analysis is to use the key pad of the phone to access the stored information and photograph it as it comes on the screen. Most information stored on the phones can be accessed using the phone menu system. The IMEI for example is available by typing ‘*#06#’.
The following contents of mobile phones can have values as evidence:
· IMEI
· Short dial numbers
· Text messages
· Settings language, date/ time, tone /volume
· Stored audio recordings
· Stored computer files
· Logged incoming calls, dialed numbers
· Stored executable programs
· Stored calendar events
· Internet settings
· Direct analysis of the memory reveal hidden information such as deleted text messages.
The most common access constraint one would want to remove is service provider lock SP LOCK. A SP LOCKED phone is locked to SIM cards from a certain service provider.
Cases:
In Haren pandya murder case, the case was largely worked out based on call analysis.
In madumita shukla murder case call analysis played a vital and significant role.
Cyber crime & Computer crime
DEFINITIONS
“Computer network� means the interconnection of one or more computers through the use of satellite, microwave, terrestrial line or other communication media; and terminals or a complex consisting of two or more interconnected computers whether or not the interconnection is continuously maintained
“Computer resource� means computer, computer system, computer network, data, computer database or software;
“Digital signature� means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3;
(Source: Information Technology Act, 2000)
Hacking -extortion
Gorshkov and Ivanov of Russia attacked companies in 10 states of America and extorted money by threatening to sell stolen data/return and cause damage
Motives for computer crime
· Financial gain, Revenge, Challenge, Fun, Vandalism, Accidental causes
· Research
Computer as a tool for unlawful act
Modification of a conventional crime by use of computers
Some examples
· Financial crimes, Cheating, Credit card frauds, Money laundering
Computer as tool for unlawful act
o Cyber pornography ,Porno websites, Porno magazines, Porno marketers ,Porno groups Sale of narcotics ,Weapons ,Wildlife
o Online gambling On-line gambling/betting
Case eg: Mr. Mehta was caught on betting charges Two laptops seized. An excellent software Amount involved is in crores Betting on world cup cricket/hockey matches
Intellectual property crimes
· E mail spoofing, Forgery, Cyber defamation, Cyber stalking Theft of e-info
· Denial of service attack [ salami attack] Denial of service - 02/2000
· YAHOO, AMAZON, EBAY, CNN & BUY.com were all attacked. A 15-year-old pleaded guilty to the attacks, which did an estimated $1.7 billion in damage. He was awarded 8 months in a juvenile detention center
· Virus / worm attacks, Internet time theft ,Web jacking
Case 1:
CITI-BANK
Vladimir Levin-St. Petersburg, Russia, Attacked Citi-Bank system and obtained user-ids and passwords Setup accounts in banks throughout the world Bank of America, Banco Del Sud Argentina, Bank Artha Graha Indonesia Transferred $12 million to the various accounts.
Case 2:
Terrorist Web Browsing: Sept 11 hijackers sent e-mail Used public sites - libraries, cyber cafes, Used anonymous accounts – hotmail, yahoo! Shoe bomber sent e-mails before his flight Kidnappers of wall street journal reporter Daniel Pearl sent demands via e-mail
Al Qaeda used web to gather information and software relating to critical infrastructures, including utilities Information acquired could support physical or cyber attacks.
Case 3:
Indian parliament attack: Delhi police seized a laptop where they stored the incriminating material. On forensic analysis the CFSL could identify : How the computer was used to produce the MHA sticker, IP addresses of Pakistan Telephone numbers, Coded messages
Case 4:
Killing a patient: Doctor entered the dosage of insulin to be given ,Criminal entered the computer system of carewell hospital. Criminal modified the dosage to a higher level , Chemist issued as per data ,Nurse injected ,Patient died ,Criminal modified data to normal dosage.
Case 5:
E-mail cheating (Mumbai)
Mr. Vijay Ninwane works at Abudhabi. Made friendship with “x� (a beautiful girl)- chatting, nude photos, erotic stories. “x� introduced her friends y1,y2,y3,y4,------ Vijay could not meet x as promised .X committed suicide.
Case 6:
E-MAIL CHEATING (MUMBAI)
Vijay received mail from Www.kolkatta_police.com Www.cbi_hq.com
Vijay contacted y1 for help .Y1 appointed mr. Pranab Mitra of Mitra & Mitra associates leading lawyers .Total Rs.70 lakhs (Rs.1.19 crore as per IO)
Case 7:
E-mail cheating (mumbai)
Two desk top computers, two laptops were sent for forensic analysis
Analysis proved- All was done by a single man named Mr.Pranab Mitra, general manager, Ambuja Cements
Case 8:
Web page defacement Web pages are computer files stored in directories on a server computer. If a hacker gains access to these files, he or she can replace or alter them in any way. The CIA and the New York Times web pages have been attacked in the past.
Case 9 in Hyderabad :
Specimen case diary and FIR : that today i.e., on 02/01/2003 at about 1430 hours received a complaint from Sri R.S.Nishtala S/o Late N.Krishna Murthy, Age: 52 yrs, Occ: Sky Travels, C/o 3/6/419, Second Floor, Plot No.94, Street No.3, Himayathnagar, Hyderabad-29 in which he stated that on 30/12/2002 his friends in the travel industry have informed him that a deformity email said to have been sent by him is being circulated and the mail as apparently been sent as if he has sent the same. When he tried to open his mail ID he observed that his mail account has been hacked and the password was changed. He strongly suspected one of his ex-employee Mr. N. Uma Shanker who has done this act and presently he is working in a travel agency at Vishakapatnam and he requested to take action.
On receipt of above complaint and as per the instructions of the Addl. DGP, CID, AP registered a case in Cr.No.01/2003 U/S 67 I.T.Act and took up investigation. During the course of investigation examined the complainant and recorded his detailed statement which was incorporated in case dairy part-II. He corroborated with the facts of FIR. He further stated that one Mr. N.Umashankar who is an ex-employee in Guntur Branch Office and was removed for misbehaviour. While he was working he used to operate his mail ID with password as such he strongly suspects him for sending the obscene mail from his mall ID.. IO secured the email printout with header particulars from the complainant. As per the header of the email it was generated from the I.P. Address 210.214.222.231 which belongs to Satyam Info way Ltd. Hence a letter was addressed to Satyam Info. Way Ltd. To know the user details of the above IP Address on 30/12/2002 at about 10:30 AM. Soon after getting the reply from Satyam Info Way Ltd further action will be taken. Closed the C.D. for the day. Further progress follows.
Case 10:
A fraud was reported, during 1984, in processing the results of Delhi University MBBS entrance examination, wherein the computer programme was manipulated to alter the marks of a candidate.
Case 11:
The NDMC Electricity Billing Fraud Case is a typical example of a computer fraud that took place in 1996. The computer network was used for receipt and accounting of electricity bills by the NDMC, Delhi. Collection of money, computerised accounting, record maintenance and remittance in bank was exclusively left to a private contractor who was a computer professional. He misappropriated huge amount of funds by manipulating data files to show less receipt and bank remittance.
Evidence collection kit
Kit
Permanent markers, Set of utility software ,Antivirus software
Labels, Seals, Packing material, Imaging toll kit
Register investigate arrest are the three essential steps of Cyber crime investigation which consist of : Register a case on receipt of information under acts IT act 2k and relevant provisions of IPC. Go to spot with computer expert and Conduct examination. Secure the place and don’t let anyone touch the systems in operation.
Investigation
Shut down the computer and transfer the computer to a secure location. Document the hardware Configuration. Observe unobtrusively. Seize the hardware properly. Do not lose files or data Get expert to retrieve data don’t lose info. Document the system date and time. Draw scene of crime Photograph and sketch the Scene of crime
IMAGE HARD DISK
. Image to a wiped and formatted hard disk.
· Investigation consists of the following steps:
· Collect info on names details of victims Accused Witnesses. Secure them.
· Work out how the offence took Place and for how long. Estimate losses and consequences. Scientific packing Labelling Transportation Of material evidence Send for expert opinion. Collect evidence Record the Detailed version of complainant Record the version of Witness if any
· Other material Technical evidence Interrogate suspect Interrogate the Accused Reconstruct the crime Initiate action for arrest Of accused
· Recover incriminating documents Record confessions Prepare charge sheet Document findings meticulously Document soft ware used and its effects/ results.
· The computer forensics process consists of four stages [A3D]
· Acquire, authenticate, analyze ,document
Computer forensic scientist will ACQUIRE
· True mirror image cloning the hard disk, which is different from copying and backup Image hard disk Image to wiped and formatted hard disk
Authenticate
· Is the duplicate authentic ? Justified with hash value Acquisition hash value = verification hash Md5 hash value
Analysis
· Extract, process, interpret Every file should be viewed. Remember analysis should be repeatable Good documentation Exercise to make the judiciary to appreciate Software used & versions Report should be in simple terms Hash results All storage media numbers, model make Supported by photographs
Computer forensic analysis procedures
· Well defined tools and procedures to handle different tasks in the extracting of digital evidence
· Demonstrate Authenticity Reliability Completeness Non contaminator Repeatability Identify, retrieve maximum possible evidence on a suspect computer system— fully protected against – alteration, damage, data corruption, virus introduction
Step by step procedures in computer forensics:
· Power shut down for the computer
· Document the Hard ware configuration of the system
· Make a bit stream backups of hard disk and floppy disks
· Authenticate the data mathematically on all storage devices
· Document the system date and time
· List the key words for the search
· Evaluate the windows swap files
· Evaluate file slack
· Evaluate UAS[ erased files]
· Document file names dates and times
· Document your findings
· Data validation using the md5 hash
Ram slack and Drive slack contain deleted data, data from earlier files which is not overwritten The clusters are rounded off using sectors. RAM slack – only last sector of a file 1 or 2 sectors to round off the block size of the last cluster assigned to the file in such a situation, another type of slack Drive slack, is made Drive slack is padded by the operating system with data that was stored earlier on the storage drive. This data is from the deleted files Or the format pattern associated with the unused space by the computer.
SWAP file:
Swf or paging file is a major source of evidence information for forensic scientist. Swf is a large space on a hard disk where windows place anything that currently resides in RAM memory. There are high chances of finding remnants of word fields, email messages and history of the Internet browsing. Including any work that might have been in the Windows sections in the past. These files provide vital investigation lead from a computer, which would have never been, discovered other wise.
Characteristics of computer criminals
Young and highly intelligent cherishing challenge Monetary profits Intellectual challenge To take revenge Vandalism To wage a war against a state For fun Insider – computer crime White collar crime- specialists in technology Introverts Do not exhibit social skill Presume to be worthies than they actually are Emotionally distressed/ isappointed in life Disgruntled lot
Dos and don'ts by ios
· The power supply should not be disconnected before a competent computer expert evaluates the overall problem
· The key board as far as possible should not be touched
· Do not change the computer’s current state or abandon the program
· Do not disconnect the telephone or auto dialler from its source , if it is connected to the net, without ascertaining the identity of the user at the other end
· If the user is hostile, disconnect before he can cause damage to the suspect system
· Do not allow the storage media to get damaged by mechanical , magnetic or e.m. Means
· The chain of custody of the evidence collected should be maintained to avoid the accusation of evidence manipulation
Guidelines:
· Chain of custody: Custodian must strictly control access and keep accurate records to show who has examined the evidence and when
· Make an image copy :The IO should make an image copy of the hard disk and conduct their investigations on that copy
· Computer Hard ware : Secure the Hard ware drive r/w heads with the appropriate soft ware commands Do not remove the internal hard drive from the computer. Secure the r/w heads in the floppy drivers with a blank floppy drive disk. Label all the cables and ports Both ends of the cables should be labelled The connections to PC, printer should be labelled Initial and date the PC/.CPU, monitor, kb, hard disk drive, the floppy disk drive The tape drive, modem or acoustic coupler and floppy disks Wrap the Hard ware in plastic envelopes and place them in a box for subsequent dispatch to FSL. Disks should not be kept in plastic envelopes [ risk of static electricity discharge] The box containing magnetic media during shipment should be marked ‘ do not x ray’ to warn the evidence should be kept away from the EM fields
· Keeping records IO should Document their investigative activities—keep track by IO / attorney, reconstructing the case Log that describes each item seized When items are returned , the receipt should contain—description of item; the person who received it; when the item was released; photographs of property returned ; should be kept to avoid dispute later.
Warrants include
· Computer books , programming guides, user manuals – evidence significance in several ways,
· Proprietary Soft ware , Hard ware, manuals themselves -- were obtained illegally
· Hand written notes about how the subject used the machine
· Items which contain no evidence should be returned
· Notes and papers often contain extremely valuable information like password , login sequence and other suspect’s telephone nos or names.
· Search warrant must contain, The scope of the search, The reason to search ,The reason to seize, Role of computer in the offence ,What is to be seized, How long it is to be retained, Counterfeiting case, A computer ,A scanner A colour printer
Grey areas in cyber crime busting
It is difficult to identify the culprit as the net can be accessed from any part of the globe establishing the exact identity of the hacker/ criminal is highly problematic extradition and the legal framework for prosecution needs clarity lack of trained cops to investigate cyber crimes is a handicap which works in favour of the criminals low penalty for hackers no special mention of credit card frauds an international agreement on dealing with cyber crime is not in place increasing distances and international dimensions between criminals and authorities act does not cover cyber stalking and child abuse data can be easily destroyed clinching evidence is difficult to collect from hard disk and network providers.
Legal challenges
· Effective legal framework which fully supports the detection and prosecution of cyber criminals
· No consensus in the definition of computer crime among various countries in the world
· The crime in a country may not be termed as a crime in another 12 countries that have effective computer crime laws
· Rate at which the computer crimes are increasing in the world
· G8 nations cyber crimes conference in Paris , the French president Chirac had stated ‘ what we need is the rule of law at an international level and a universal legal framework , which is equal to the world wide reach of the internet’
Operational challenges
· Evidence is electronically stored
· Computer forensics and computer forensic analysis : special procedures are to be evolved to identify and extract computer evidence , which will be admissible in court
· Computer crimes are receiving high profile media coverage
· Dedicated team of professionals who thoroughly understand computer as well as communication technology
· Response time is paramount in most of the cases
Jurisdictional challenge
· Jurisdiction and identification of crimes perpetrated on the internet
· Internet makes interstate and international crimes significantly easier
· Internet enables the criminals to victimize consumers all over the world in simple and inexpensive ways
· After the pokhran II atomic test in India, BARC computers were hacked though it was claimed that no sensitive data was lost
· Successful investigation of the denial of service attacks by the US law enforcement agencies indicated the level of cooperation of expertise required for successful crime investigation
· No geographical boundaries – need a multilateral approach of investigation and prosecution
Technical challenges
· Investigating the internet crimes
· Hacking of a website
· Stealing data stored in the computer
· Espionage
· Exchange of pornographic material
· Technology needs group effort
LEGAL PROVISIONS : IPC
India leads the way as it has enacted an IT legislation much before the majority of nations have woken up it. Acts amended were : RBI act 1934; IPC 1860; IEA 1872; Indian telegraph act 1885; The bankers book of evidence act General clauses act
Offences incorporated under the Indian Penal Code
Electronic records defined in S/29A inserted after S/29 What is a document? (S/29) “Documents� substituted with “documents or electronic records� Public servant framing incorrect electronic record with intent to cause injury (S/167)
Ingredients
A. Public servant in charge of preparation or translation of electronic records
B. Knowingly changing electronic record with intent to cause injury (3 yrs or fine or both)
Absconding to prevent summons for producing electronic records (S/172)
Ingredients
Summons, notice or order from legally competent authority or Court
For production of electronic records in Court or before such legal authority (S.I. for 6 months or up to 1000 rupees or both)
Preventing in any manner service of summons to produce electronic record (S/173)
Ingredients
Summons, notice or order from a Court
For production of electronic record in such record (up to 6 months or up to 1000 rupees r both
Intentional omission to produce electronic records by person legally bound (S/175)
Ingredients
Person must be legally bound to produce electronic record
Intentional omission to produce electronic records (up to 6 months, or Rs 1000 or both)
Fabricating false evidence (S/192)
Ingredients
Making false entry or false statement in electronic record
Intention must be to produce such electronic record as evidence
Such an electronic record may cause forming of erroneous opinion by a judicial authority
Destroying electronic record to prevent its production as evidence (S/204)
Ingredients
1 Secreting or destroying electronic record
2 There must be legal compulsion
3 Act must be intentional to prevent production of electronic record as evidence (2 yrs or fine or both)
Forgery (S/463)
Ingredients
Existence of a false electronic record
The intention behind such act must be to:
Cause damage or injury
Support any claim or title
Cause person to part with property
Enter into contract
Commit fraud
Making false electronic record (S/464)
Ingredients
Making, signing, sealing or executing electronic record fraudulently or
Altering electronic record without authorization or
Causing an innocent person to sign, seal, execute or alter an electronic record document who is unaware of contents of electronic records
Forgery of certain electronic records (S/466)
Ingredients
Forgery essential
Forgery must be of certain kinds of records ( records of Courts, registers of birth, etc., record maintained by a public servant, authority to carry on judicial proceedings, power of attorney) ( 7 yrs & fine)
Forgery for cheating (S/468)
Ingredients
A. Forging of document/electronic record
B. Forgery must be for cheating (7 yrs and fine)
Cheating
Deceiving a person dishonestly to do certain acts.
Forgery of electronic record for defamation (s/469)
Ingredients
A. Forgery
B. It must harm someone’s reputation (up to 3ys and Fine)
Using forged electronic record
Ingredients
A. Using forged electronic record as genuine
B. Knowingly uses such forged electronic record
Forged electronic record (S/470)
False electronic record made wholly or partly by forgery
Knowingly possessing forged document and intending to use it as genuine (S/474)
Ingredients
A. Possessing forged electronic record B. Intention is to use it as genuine
( 7 yrs and fine in case of official records under S/466. Under S/467, life)
Counterfeiting device or mark (S/476)
Ingredients
Forging a device or mark upon any electronic record to authenticate the electronic record
Possessing the device upon which counterfeited
Intention to use the mark or device as being genuine (up to 7 years and fine)
Falsifying accounts (S/477-A)
Ingredients
A. Willfully destroying or altering electronic Record with intent to defraud
B. Electronic record in his possession is that of his
Employer (7 yrs or fine)
IT ACT 2000
Chapter XI of the IT Act
Sections 65 to 74 are the penal provisions; Imprisonment up to 10 years provided for; Network Service providers given some relief
Chapter XI of the IT Act
Sections 65 to 74 are the penal provisions
Sec 65 Source code
Sec 66 Hacking
Sec 67 Pornography
Sec 68 Controller’s directions
Sec 69 Decryption of information
Sec 70 Protected System
Sec 71 Misrepresentation
Sec 72 Breach of Privacy
Sec 73 Publishing false Digital Signature Certificate
Sec 74 Publication for fraudulent purpose
Chapter IX of the IT Act Penalties
Section 43 Unauthorized access
Section 44 Failure to furnish document, return or report to Controller or CA
Section 45 Residuary penalty
Sec 65 Source code
Most important asset of software companies
Imprisonment up to 3 years and / or fine up to Rs 2 lakh for altering / concealing source code required to be maintained by law
Following are punishable in respect of computer source code:
Knowingly or intentionally Concealing Destroying altering
Knowingly or intentionally causing another to do so
Sec 66 Hacking
Very wide definition
Covers following in relation to information:
Destruction, deletion, Alteration Diminishing value, Diminishing utility,
Affecting injuriously, Knowledge or intention must be proven ,
Covers crimes like Salami attacks, data diddling, etc
Sec 67 Pornography
Publishing, transmitting and causing to be published porn is an offence
Isps, search engines and websites are covered
Up to 5 years imprisonment and fine up to Rs 1 lakh (10 years and Rs 2 lakh for subsequent offence)
Sec 68 Controller’s directions
Controller may order CA or CA’s employee to
Take measures, Cease measures to ensure compliance with the IT Act / rules
Imprisonment up to 3 years and fine up to Rs 2 lakh
Sec 69 Decryption of information
Controller can direct for interception of any information on following grounds:
Sovereignty / security / integrity of India, Friendly relations with foreign States ,Prevent incitement of cognizable offence, Failure to assist in decryption makes person liable to 7 years imprisonment
Section 69 likely to be used for following:
Email messages, Encrypted messages ,Steganographic images Password protected files
Sec 70 Protected System
Gazette notification for ‘protected system’, Govt. Order authorizing persons who will have access Securing unauthorized access or attempting to secure unauthorized access punishable with 10 years imprisonment and fine.
Acts covered by section 70:
Switching computer on / off , Using installed software / hardware ,Installing software / hardware, Pinging ,Viewing floppy or CD ROM
Sec 71 Misrepresentation
Misrepresenting / suppressing material fact from: CA for obtaining certificate, Controller for obtaining license, Imprisonment up to 2 years and or fine up to Rs. 1 lakh
Sec 72 Breach of Privacy
Unauthorized disclosure of information obtained in pursuance of powers conferred by the IT Act or rules, Imprisonment up to 2 years and or fine up to Rs. 1 lakh
Sec 73 Publishing false Digital Signature Certificate
Publishing Certificate knowing that:
CA listed in it has not issued it, Subscriber listed in it has not accepted it Certificate has been revoked / suspended (*) Imprisonment up to 2 years and or fine up to Rs. 1 lakh
Sec 74 Publication for fraudulent purpose
Creating, publishing or making available Certificate for fraudulent or unlawful purpose is made punishable
Imprisonment up to 2 years and or fine up to Rs. 1 lakh
Penalties
Chapter IX of the IT Act
Compensation up to Rs. 1 crore under section 43
Knowledge or intention is not required to be proven
Section 43 Unauthorized accesses
Downloading, copying or extracting information, Introduction of viruses and contaminants ,Damaging computer ,Disruption of computer ,Denial of access
Assisting in illegal access ,Tampering or manipulating computer
Section 44
Failure to furnish document, return or report to Controller or CA (Rs 1.5 lakh)
Failure to file return or furnish information within time (Rs. 5000 per day)
Failure to maintain books of accounts or records (Rs 10,000 per day)
Section 45: Residuary penalty (Rs 25,000)
CHAPTER 5
Scientific methods of interrogation:
Brain fingerprinting
BRAIN FP – MERMER
Brain Fingerprinting testing works as follows:
- Words or pictures relevant to a crime are flashed on a computer screen, along with other irrelevant words or pictures.
- Electrical Brain responses are measured non-invasively through a patented headband equipped with sensors.
- Lawrence Farwell had discovered that a scientific brain-wave response called a MERMER (Memory and Encoding Related Multifaceted Electroencephalographic Response) is elicited when the brain processes noteworthy information it recognizes. Thus, when details of the crime that only the perpetrator would know are presented, a MERMER is emitted by the brain of a perpetrator, but not by the brain of an innocent suspect. In Farwell Brain Fingerprinting, a computer analyzes the brain response to detect the MERMER, and thus determines scientifically whether the specific crime-relevant information is stored in the brain of the suspect.
- The new successor technology to lie detector, No effort by guilty to cover-up, No effort by IO to fix the innocent ,Objective evidence from the deep recesses of the brain , P300/MERMER test measures memory of brain with help of EEG electro encephalogram ,Premise of the test ,The memory of any individual is unique like a fingerprint and so the graph produced in the technique is also unique , the accused will be shown picture of crime weapon victim ,Brain stimuli recorded analyzed and link to crime detected
- ENCODING During experience, visual, verbal, and other forms of information of the event are acquired (classified) and etched into the brain. The relationships are auditory, semantic, visual, and somatosensory, with emotional components Mixed in. The encoded information is stored as memory trace.
- So far Brain Finger Printing has been proven accurate in more than 170 tests by Brain Finger Printing Laboratories Inc, USA.
- India: Khan in Telgi scam subjected to test to find out links with Telgi Trying to extract information about officials who accompanied Khan during his visit to Maharashtra to bribe Assistant Inspector Dilip kamat
- It provides information about what is stored in the suspect’s brain ,Judge can utilize this information in making the legal determination of the guilt or innocence . It fulfills daubert’ s criteria for new technologies in criminal justice system.
Truth serum
· Narco hypnosis; Narco analysis ;[truth serum]
Truth serum
· Named after its effects, Patient becomes very communicative ,Shares thoughts without hesitation, ,Drowsy, slurred speech awake ,Twilight state for interview ,
· Myth: Truth serum makes you tell the truth- Patient loses inhibition ,Will not lose self control ,Will not tell truth if chooses not to tell
· Sodium Ethyl-5-[1-methyl butyl]-2-thio barbituric acid
· Yellow water soluble crystal, Garlic odour ,Sedative ,Depresses CNS Slows heart rate ,Lowers blood pressure
· Anaesthetic during surgery in large dose, Management of excitement and stress in large animals ,To calm an animal under shipment Slows down metabolism & minimizes chance of injury due to excitement /stress
· Sodium pentathal is used above while the following can also be used as substitutes for truth serum: SCOPOLAMINE AS "TRUTH SERUM" ;THE BARBITURATES; amytal
USAGE in narcotherapy
· Administer a very small dose, Produces complete relaxation relieving tension and anxiety More susceptible to suggestions ,Uncover repressed feelings /memories Info from uncooperative sources ,Hypnosis works on 20% of population, Good alternative to hypno-resistant people ,Depends on entirely on willingness of patient, "truth serum" is a misnomer twice over -- the drugs are not sera and they do not necessarily bring forth probative truth .
· Mechanism of action
· Enhance brains sensitivity to a depressant neuro transmitter GABA[gamma-amino butyric acid , naturally present in brain
· Test principle: brain records every occurrence from the past and is able to effectively recall these experiences even if erased from the conscious mind
· Legality less clear than efficacy
· Telgi
2Gms of sodium pentothal dissolved in 300 ml of distilled water
· Abdul Kareem Telgi was grilled under the narco-analysis for over four hours.
· Not admissible in court
· But the evidence that comes out of this analysis is not really admitted as evidence before the Indian Evidence Act. It would only serve as a catalyst in the criminal investigation chain. Second person to undergo this test in India ,He revealed the names of partners in crime / modus operandi .The accused, subjected to the tests are the prime accused Abdul Karim Telgi, his brother Azim, Telgi's lawyer Rashid Kulkarni, Police officers Datta Dal and Dilip Kamat, Samajwadi Janata Party MLA Anil Gote and three other accused.
LIE DETECTOR
· LIE Detection people have looked for ways to determine if suspects are lying or telling the truth.
Autonomous nervous system is made up of sympathetic and para sympathetic nerves which follow separate pathways to CNS. Working with conjugation with the CNS , they Control our involuntary actions heart beat , involuntary breathing , digestion and function of liver ,kidney and other internal organs.
· When a person is not being subjected to stress , the sympathetic and para sympathetic nerves balance each other and maintain the body functions at he normal level called HOMEOSTASIS. But when confronted with threatening situation, the sympathetic nerves stimulate the body organs to react n ways designed to meet the threat. The adrenal glands secrete adrenaline into the blood stream and the liver secretes sugar.
· The heart beat becomes faster and stronger in order to deliver more oxygen to the muscles. The rate of breathing increases so that blood can pick up increase amount of oxygen, various changes occur at the surface of the skin. Most notable an increase in perspiration. When the threatening situation passes , the parasympathetic nerves take over and send messages to the organs to stop the emergency output . The body then returns to HOMEOSTATIS
· How lie detector works Lie detection methods used by police to observe Lie +physiological signs like Flushed face, Throbbing of carotid artery , Dryness of the mouth ,Sundry and other clues Psychological effects of lie Psychologically verbally non verbally other clues Assumption is Interaction between mind and body depending upon the individual and involvement. Deceptive suspects use defence mechanism mentally physically emotionally Suspect’ Polygraph exam offer individual evidence and not class evidence Examiner pays attention to fundamental clues and develops sense of suspect’s values beliefs motives and ttitudes
· Examiner should be person of ability, experience, education, intelligence, integrity
· Procedure phases Three phases: Pre test interview, Chart recording and Diagnosis
· Diagnosis By verifying other clues and cues with the chart. Truthful subject’s chart will show emotional attention was paid towards the control questions deflected away from the relevant questions
· The polygraph:
· It is an instrument designed to detect and measure some of the above responses. The instrument used by the investigative agencies for the detection of deception uses three separate measuring units.
· The cardio sphigmo graph;
· The pneumograph;
· The galvanograph.
· The cardio sphigmo graph
· Records any changes in the blood volume and the strength and rate of the pulse. A pressure cuff similar to the tube used to take blood pressure, attached mechanically to stylus or pen which records the movement on a moving chart.. The pulse recording works in the same manner.
· The pneumograph
· Records the rate and depth of breathing . An accordion like air tight a rubber tube is fastened around the chest with a chain . As the chest expands and contracts with breathing , the tube also expands and contracts.
· The galvanograph is the only unit that is run electronically rather than mechanically, electrodes are attached to the two fingers usually index and the ring finger a direct current too weak for the subject to feel is passed through the electrodes across the skin of the subject’s hand. This change in skin resistance is known as the galvanic skin response GSR. The slight fluctuations in the current caused by the changes in the resistance are amplified and retransmitted to a galvanometer recorder.
· A galvanometer is a device which visually displays a change in electrical current in the polygraph it is electronically connected to a stylus which records the changes on the moving chart paper. The polygraph examination: it is inefeective in case of hardened criminals and pathological liers as no guilt is generated. .
· The pretest interview not only alms down the subject but is also helps the examiner to formulate questions and to determine appropriate control questions
· Examiner
· The examiner goes over the questions to be put with the subject to make sure that the subject understands the questions and there will be no surprise questions. After the pretest interview is completed , the units of the instruments are attached to the subject and questioning begins.
· Questioning techniques:
· The actual questioning part of the examination , takes only a few minutes even though several charts may be run on a subject. Usually no more than 10 questions are asked per chart. All questions must be answerable by yes or no the types of questions asked may include irrelevant , relevant control and peak of tension POT questions. Irrelevant questions have nothing to do with the matter under investigation Relevant questions have a direct bearing on the case and are designed to draw out a stressed response from a guilty subject. Relevant questions may be worded directly or obliquely.
· Control questions
· Control questions are designed to evoke as deceptive response to a question not directly related to the case under investigation. They may concern a similar situation, for eg in a rape and murder
· POT questions
· May be part of a regular test or they may form the basis of a separate test.. There are two types of POT tests. .
· The psychological stress evaluator: It is known as voice stress analyzer. It detects involuntary physiological changes that occur in reactions to the stress of fear , guilt, anger or other emotions it has no physical attachments to the subject’s body. It operates on the changes in the voice alone.
· Guidelines Relating to Administration of Polygraph Test [Lie Detector Test] NHRC No. 117/8/97-98 National Human Rights Commission GUIDELINES RELATING TO ADMINISTRATION OF POLYGRAPH TEST (LIE DETECTOR TEST)
· The Commission, after bestowing its careful consideration on this matter of great importance, lays down the following guidelines relating to the administration of Lie Detector Tests:
· No Lie Detector Tests should be administered except on the basis of consent of the accused. An option should be given to the accused whether he wishes to avail such test
· If the accused volunteers for a Lie Detector Test, he should be given access
to a lawyer and the physical, emotional and legal implication of such a test
should be explained to him by the police and his lawyer. The consent should be recorded before a Judicial Magistrate.
· During the hearing before the Magistrate, the person alleged to have agreed should be duly represented by a lawyer. At the hearing, the person in question should also be told in clear terms that the statement that is made shall not be a ‘confessional’ statement to the
Magistrate but will have the status of a statement made to the police.
· The Magistrate shall consider all factors relating to the detention including the length of detention and the nature of the interrogation. The actual recording of the Lie Detector Test shall be done in an independent agency (such as a hospital) and conducted in the presence of a lawyer.
· A full medical and factual narration of manner of the information received must be taken on record.
· No Lie Detector Tests should be administered except on the basis of consent of the accused. An option should be given to the accused whether he wishes to avail such test. If the accused volunteers for a Lie Detector Test he should be given access to a lawyer and the physical, emotional and legal implication of such a test should be 'explained to him by the police. And his lawyer.
· The consent should be recorded before a Judicial Magistrate.
· During the hearing before the Magistrate,, the person alleged to have agreed, should be. Duly represented by a lawyer.. At the hearing , the person in question should also be told in clear terms that the statement that is made shall not be a "confessional" statement to the Magistrate but will ave the status of a statement made to the police. The Magistrate shall consider all factors relating to the detention including the length of detention and the nature of the interrogation. The actual recording of the Lie Detector Test shall be done in an independent agency (such as a hospital) and conducted in the presence of a lawyer. A full medical and factual narration of manner of the nformation received must be taken on record.
· Cases wherein the polygraph can be used: Heinous crimes rape and sexual assault bomb blasting Arson cases cheating kidnapping misappropriation polygraph cases theft Dacoity bank frauds cooperative society fraud sex determination of foetuses and subsequent foeticide of a female foetus bonded labour automobile accident litigation in business transactions domestic crimes
· Cases in which polygraph is successfully applied Gas leakage in HPCL Vizag Leakage of intermediate question paper Bomb blast case in Jubilee Hills Yeleru land scam case Essential points to be borne in mind by the IO Subject should have good health avoid the complaints of thirst and hunger. Give balanced diet prior to test water for thirst full rest and good sleep on the prior night
· Essential points to be borne in mind by the IO A doctor’s certificate should follow in the event of a subject suffering from BP and diabetes indicating his health status in pregnant ladies & heart patients a doctor’s certificate should accompany A written consent to be obtained in all cases from the subject prior to operation of the instrument
COMMON COURT QUESTIONS
Before attending the Court, a medical witness should master the facts of the case and refresh his memory from his notes actually written at the time of examination and which may be taken with him in the Court for reference. Such notes may be inspected by the opposing counsel who may cross‑examine the witness on the same. He should make careful study of the recent literature on the subject about which he is to give evidence and prepare himself for the questions that he is likely to be asked. The list below gives common questions on selected topics. A careful perusal thereof would enable members of the medical profession to emerge creditably even from the most "acting cross‑examination.
1. DEATHS FROM HANGING OR
STRANGULATION
I . Did you examine the body of ........................................... I a late resident of and if so,
What did you observe?
2. What do you consider to have been the cause of death? State reasons for your opinion.
3. Did you observe any external marks of violence upon the body?
4. Did you observe any unnatural appearance on examination of the body internally? ‑
5. Was there any rope or other such article round the neck when you saw the body?
6. Can you state whether the mark or marks you observed were caused before or after death?
7. By what sort of articles do you consider the deceased to have been hanged (or strangled)?
8. Could the marks you observed have been caused by the rope or other article now before you (exhibit No.
Charge sheet) ?
9. Do you think that this rope could have supported the weight of the body?
10. If strangulation, would great violence be necessary to produce the injuries you describe?
11. What, as far as you can ascertain, were the general characteristics of his previous disposition?
12. Does he appear to have had any previous attacks of insanity?
IO ............. Of the police
11. DEATH FROM DROWNING
1. Did you examine the body of ................. A late resident of and if so, what did you observe?
2. What do you consider to have been the cause of death? State your reasons.
3. Were there any external marks of violence upon the body? If so, describe them.
4. Describe any unnatural appearances which you observed on further examination of the body.
5. Did you find any foreign matter, such as weeds, straw, etc, in the hair, or clenched in the hands of the deceased or in the air‑passages or attached to any other part of the body?
6. Did you find any water in the stomach?
7. Was the body decomposed?
8. Can you state the length of time the body was in water?
111. DEATH FROM WOUNDS OR BLOWS
1. ............................................................................ Did you examine the body of I a late resident of and if so., what did you observe?
2. What do you consider to have been the cause of death? State your reasons.
3. Did you find any external marks of violence on the body? If so, describe them.
4. Are you of the opinion that these injuries were inflicted before or after death? Give your reasons.
5. Did you examine the body internally? Describe any unnatural appearance which you observed,
6. You say that in your opinion . ................ Was the cause of death; in what immediate way did it prove fatal?
7. Did you find any appearance of disease in the body?
8. If so, do you consider that, if the deceased had been free from this disease, the injuries would still have proved fatal?
9. Do you believe that the fact of his suffering from this disease lessened his chance of recovery from the injuries sustained?
COMMON COURT QUESTIONS
10. Are these injuries, taken collectively or any one of them ordinarily and directly, dangerous to life?
11. Have they been caused by manual force or with a weapon?
12. Did you find any foreign matter in the wound?
13. By what sort of weapon has the wound been inflicted?
14. Could the injuries have been inflicted by the weapon now before you (exhibit No ........... In the police charge sheet)?
Could the deceased have walked (so far) or spoken, etc, after the receipt of such an injury?
16. Have you chemically or otherwise examined the stains (on the weapon, clothes, etc) now before you (exhibit No . In the police charge sheet)?
17. Do you believe the stains to be those of blood?
18. What time do you think elapsed between the receipt of the injuries and death?
19. What was the direction of the wound, and can you form an opinion as to the position of the person inflicting such a wound with respect to person receiving it?
20. Is it possible for such a wound to have been inflicted by anyone on his own person? Give your reasons.
Of the several injuries on the body
(a) Which one was specifically responsible for death?
(b) Could you say that all were inflicted on the body at the same time?
(c) Were all injuries produced by the same' weapon?
IV. DEATH FROM FIREARM INJURIES
I .............................................. Did you examine the body of a late resident of and if so, what did you observe?
1.Are you of the opinion that the injuries are caused by the discharge of a firearm?
2.Were there any other injuries?
3.What kind of weapon fired the shot?
4.Could the injuries have been inflicted by the weapon now before you (exhibit No . ........ In the police charge sheet)?
5.Are the fired bullets consistent with this weapon?
6.Were the injuries inflicted before or after death?
Give your reasons.
7. How many shots hit the victim?
8. What was the cause of death? State your reasons.
9. From what distance and direction were the shots fired?
10. What was the position of the body when struck and the course of the projectile through the body?
11. In case of multiple wounds of entrance and exit, could they have been produced by a single bullet?
12. In case of multiple wounds, were they produced by the same or different weapons?
13. Did the appearance of the wounds indicate that the gun had been discharged close to the body or at some distance from it?
14. When was the firearm discharged?
15. Did you find any slug, bullet, wadding, etc, in the wound or the same had made its exit?
16. Do you think it possible that you could have mistaken the aperture of entrance for that of exit?
- How long did the victim survive?
- Could the deceased' have walked (so far) or spoken, etc, after the receipt of such injury?
- Is it possible for such injuries to have been inflicted by anyone on his person? Give your reasons.
- Could these injuries be inflicted accidentally due to the discharge of a gun during a struggle or due to faulty trigger mechanism?
V. DEATH FROM BURNS
I Did you examine the body of ........ A late resident of and if so, what did you observe?
2. What do you consider to have been the cause of death? State reasons for your opinion.
3. Describe the "tent and character of the injurieson the outside of the body.
4. Describe any unnatural appearances on examinaÂtion of the body internally.
5. Were there any other injuries, apart from thosedue to burning? If so, describe them fully.
6. Can you state whether the injuries you observed were caused before or after death? Give reasons for your opinion.
7. How are the bums on the deceased caused? Give reasons for your opinion.
8. Could these bums have been inflicted by anyone on his own body? Give reasons for your opinion.
9. Could these bums have been inflicted accidentally? Give reasons for your opinion.
10. How long did the deceased survive the bums?
VI. ABORTION DEATHS
1. Did you examine the person of Ms .......... A late resident of and if so, what did you observe?
2. Are you of the opinion that the deceased was pregnant? If so, give reasons for your opinion.
3. Can you definitely say that abortion has occur red? State reasons for your opinion.
4. Did you see the foetus? If, so, what was its intrauterine age?
5. What are the causes of natural abortion?
6. What are the signs of a recent abortion?
7. What circumstances lead you to believe that this is a criminal abortion?
In what way do you consider the abortion to have been done in this case?
9. It is alleged that a drug called . ................................... Was used. State the symptoms and effects which the administration internally of this drug would pro duce. Do you consider that it could produce abortion?
10. Can a woman by herself unaided induce abortion by mechanical means? How do you rule out such a possibility in this case? Give reasons.
11. What do you consider to have been the cause of death? Give reasons for your opinion.
12. (In death due to haernorrhage) is it possible that the deceased died during menstruation rather than due to criminal abortion? If not, state your reasons.
13. (In death due to air embolism) what precautions did you exercise while carrying out the autopsy to determine that the cause of death is air embolism?
14. What was the approximate time of death? At what time was the autopsy done? Do you think that the interval between time since death and carrying out an autopsy could have brought about decomposition which could have vitiated your findings?
VIL INFANTICIDE
1. Did you examine the body of a (male or female) child sent to you by the Police on the ......... Of 19 ? And, if so, what did you observe?
2. Can you state whether the child was completely born alive, or born dead? State reasons for your opinion.
3. What do you consider to have been the cause of death? Give your reasons.
4. What do you believe to have been the intra uterine age of the child? State your reasons.
5. What do you believe to have been the extra uterine age of the child? Give reasons.
6. Did you find any marks of violence or other unusual appearances externally? If so, describe them accurately.
7. Did you find any morbid or unusual appearances
8.on examination of the body internally? If so, describe them accurately.
9. Do you believe the injuries you observed to have been inflicted before or after death? Give reasons. Can you state how they were inflicted? Give reasons.
10. Do you consider that they were accidental or not? Give reasons.
11. Had the infant respired fully, partially or not at all? Give your reasons.
12. Did you examine the person of the alleged mother of the infant? If so, have you reason to suppose that she was recently delivered of a child? Can you state approximately the date of her delivery? Give reasons.
VIII. DEATH DUE TO POISONING
1 . Did you examine the body of .............................................. a late resident of and if so, what did you observe?
2. What do you consider to have been the cause of death? State your reasons.
3. Did you find any external marks of violence on the body? If so, describe them.
Did you observe any, unusual appearances on further examination of the body? F so, describe them.
5. To what do you attribute these appearances: to disease, poison or other cause?
6. If to poison, then to what class of poison?
7. Have you formed an opinion as to what parti cular poison was used?
8. Did you find any morbid appearances in the body besides those which are usually found in cases of poisoning by ? If so, describe them.
9. Do you know of any disease, in which the post mortem appearances resemble those which you observed in this case?
10. In what respect do the postmortem appearances of that disease differ from those which you observed in the present case?
T. What are the symptoms of that disease in the living?
12. Are there any postmortem appearances usual in case of poisoning by but which you did not discover in this instance?
13. Might not the appearances you mention have been the result of pontaneous changes in the stomach after death?
14. Was the state of the stomach and bowels compatible or incompatible with vomiting and purging?
15. What are the usual symptoms of poisoning
FORENSIC SCIENCE LABORATORIES (fsls) AND ALLIED INSTITUTIONS IN INDIA
FSL's under the Centre
I . Central Forensic Science Laboratory
C.B.1, East Block V11
R. K. Puram, New Delhi 110022
(Tel: 6994396, 699261/207)
Central Forensic Science Laboratory
Ramanthapuram, Near ATI
Hyderabad 500013 (Tel: 71429/71684)
3. Central Forensic Science Laboratory
Sector 18
Chandigarh
(Tel: 26276)
4.Central Forensic Science Laboratory
30 Gorachand Road
Calcutta 700014
(Tel: 441528)
State fsls
5. Tamil Nadu Forensic Science Laboratory
"Forensic House"
Kamarajar Salai, Mylapore
Madras 600004 (Tel: 845085, 848023)
6. Forensic Science Laboratory
Patna (Bihar)
(Tel: 26560)
7. Forensic Science Laboratory
J. J. Hospital Compound, Byculla,
Bombay 400008 (Tel: 863853)
8. Forensic Science Laboratory
Civil Lines
Sagar 470001 (Tel: 2571)
9. Forensic Science Laboratory
Opp. C. D. Hospital
Srinagar 190001 (Tel: 73366)
10. Forensic Science Laboratory
New Mental Corner
Ahmedabad 380016 (Tel: 65165, 67277)
11. Forensic Science Laboratory
Trivandrum (Kerala)
(Tel: 61533)
12. Forensic Science Laboratory
5 Miler Road, Orn Mahal Building
Bangalore (Tel: 72456)
13. Forensic Science Laboratory
37/l/2, Belgachia Road
Calcutta 700037 (Tel: 563501)
14. Forensic Science Laboratory
Mahanagar, Lucknow (UP)
(Tel: 81232)
And Chemical Examiner to U.P. Government 27.
Agra (Tel: 74029)
15. Forensic Science Laboratory
Rasulgarh, Bhubaneshwar (Orissa)
(Tel: 51276)
16. Forensic Science Laboratory
Jaipur (Rajasthan)
(Tel: 88331)
17. Forensic Science Laboratory
Madhuban, Karnal (Haryana)
(Tel: 2002)
18. Forensic Science Laboratory
Kahilipara
Gauhati (Assam)
(Tel: 87932)
19. Forensic Science Laboratory
Red Hills, Hyderabad
(Tel: 220138)
20. Forensic Science Laboratory SCO‑9, Sector 26 Chandigarh
Government Chemical Examiners
21. Serologist and Chemical Examiner to the
Government of India
3 Kyd Street
Calcutta 700016
(Tel: 247717)
Government Examiner of Questioned Documents
22. Government Examiner of Questioned Documents
Ramanthapuram, Near ATI
Hyderabad 5000113 (Tel: 71429/71684)
3. Government Examiner of Questioned Documents
Railway Board Building, Simla (HP)
(Tel: 3572 code 9177)
24. Government Examiner of Questioned Documents
30 Gorachand Road
Calcutta 700014
Teaching and Research Institutions in Forensic Science
25. Department of Forensic Science
University of Saugar
Sagar (MP)
26. Department of Anthropology
University of Delhi
Delhi 110007
(Tel: 225329)
Department of Criminology and Forensic Science
Karnataka College
Dharwar (Karnataka)
28. Bureau of Police Research,and Development
Curzon Road Barracks No. 1688, B‑Block
Kasturba Gandhi Marg, New Delhi
(Tel: 381992)
29. Institute of Criminology and Forensic Science
4‑E, Jhandewalan Extension
New Delhi 110055 (Tel: 521462)
30. Department of Chemistry
Punjabi University, Patiala, Punjab
31. Department of Criminology Maharaja's College Mysore City (Karnataka)
