kparihar94, Author at Legal Desire Media and Insights https://legaldesire.com/author/kparihar94/ Latest Legal Industry News and Insights Wed, 01 Jul 2020 02:54:09 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.2 https://legaldesire.com/wp-content/uploads/2018/11/cropped-cropped-cropped-favicon-1-32x32.jpg kparihar94, Author at Legal Desire Media and Insights https://legaldesire.com/author/kparihar94/ 32 32 Essential Goods turning into Evil: Solvent Abuse and Toxicological Aspects https://legaldesire.com/essential-goods-turning-into-evil-solvent-abuse-toxicological-aspects/ https://legaldesire.com/essential-goods-turning-into-evil-solvent-abuse-toxicological-aspects/#respond Wed, 01 Jul 2020 02:54:09 +0000 https://legaldesire.com/?p=42395 Nowadays people are getting the necessary things readily, at a cheaper rate, and in variety like clothes, food, stationery, electronics, petrol, cosmetics, etc. these things are available to any age group of people over the counter and mostly the teenagers are benefited to these in both good as well as abusive manner.           Products we […]

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Nowadays people are getting the necessary things readily, at a cheaper rate, and in variety like clothes, food, stationery, electronics, petrol, cosmetics, etc. these things are available to any age group of people over the counter and mostly the teenagers are benefited to these in both good as well as abusive manner.

          Products we use in daily lives like paints, thinners, nail paints, petrol, whiteners, printing ink, sanitizers, adhesives, cigarette lighter refills, commercial cleaning detergents, hair sprays, aerosols, medical anesthetic like nitrous oxide, also clinical laboratory a solvent like toluene, acetone, chloroform, ethanol and many are now coming out as abusive agents .i.e. local/cheap drugs, widely and mostly used by the teenagers, this abuse is called as solvent abuse. In which the volatile solvents or substances are inhaled to get that “kick” of being high .i.e. euphoric effect, hallucinations, and delusions. If the person is abusing it for a long time then they develop more psychological dependence and for short term both physical and psychological dependence. These all products are very essential and beneficial only when used properly in good ways, but will lead to coma, paralysis followed by death when abused. Cases are mostly seen in the low economic condition people dropped out of school or employment people, artists like musicians, film industry people, writers, people staying on the street, etc.[1-5, 7]

 

v WHAT ARE THE ROUTE AND METHODS OF ADMINISTRATION?

The only way of administration is by inhalation through nose and mouth. Inhalers inhale vapors of petrol, aerosol by using plastic bags over the mouth called as ‘bagging’. Some inhalers inhale it directly by opening led of container called ‘sniffing’ or ‘snorting’, products like adhesives, nail paints, nail paint removers, petrol, whiteners, thinners, paints, toluene, acetone, ethanol. Also the substance like thinner, gasoline, acetone, chloroform are soaked on cloth and held over mouth called ‘huffing’. Air fresheners, aerosols, cleaners are sprayed in the air and then abused called ‘gliding’ and those same sprayed directly in the face .i.e. nose and mouth are called ‘dusting’. Cigarette lighter refills are held in between two teeth and pressure is applied which directly goes in the mouth. The amyl nitrite abused directly by breaking the vials causes popping sound, so-called ‘popping’. [1-3,8]

v SYMPTOMS SHOWN

The foremost effect of inhalation of these local drugs/volatile substance is that, gives a high kick, hallucinates, euphoric effect to the abusers. The heavy sniffing cause unconsciousness and can choke their vomiting and can lead to death in some cases.[2,7] Other symptoms like-

·       Person being clumsy, drowsy, light-headed, vomiting.[1-4, 7-8]

·       Feels and seems to be drunk and aggressive

·       Causing double/blur vision, abdominal cramps, coughing and diarrhea

·       Chronic consumption may lead to failure of vital organs like nephritis, nephrosis, and severe diseases like leukemia, dementia, brainstem dysfunction, cardiomyopathy.[3]

·       Psychological dependence leads to depression, suicidal thoughts, panic attacks, anxiety disorders.[3]

·       Abusers can be early onset of behavioral changes like being antisocial, suddenly low grades and dropping out of school, not good relations with family, legal problems, unemployment.[3]

·       They abuse solvents in combination with smoking, as solvents are highly volatile can cause fire and severe injury followed by death.[5]

·       Abusing For a long time are more prone to meet/cause accidents, as their senses are dysfunctional, so taking them to the adventure places like a river, mountains, etc. is dangerous.[5]

·       Abuse of laughing gas can cause death, by less availability of oxygen and cause to nerve damage.[8]

 

v ROLE OF TOXICOLOGICAL ANALYSIS

This is done for both living and dead. In living, the clinical symptoms are checked from history or done for the medication process or asked by the law agency as the person is suspect, and many more reasons. In which the exhaled air or blood sample is collected from the suspect and can directly run on instruments for analysis like MS, headspace gas chromatography, Vapour-phase infra-red spectrophotometry.[2]

In dead, the history is studied, especially in cases of adolescent death, and seen the clinical symptoms which are compared with the circumstantial evidence, then further proceed with the sample .i.e. blood from the body is collected in the glass vial having a cap of metal lining, to which anticoagulant is added lithium heparin and should be stored at 4ºC temperature. The size of the vial should be a little bigger but not too big than the quantity of sample as it can be directly used in the headspace technique. Then the sample is analyzed by the instrumental techniques MS, headspace gas chromatography, Vapour-phase infra-red spectrophotometry.[2]

 

v CASE STUDY

A 17 years old boy, studying in Class XII in Kendriya Vidyalaya, was brought by his mother for a checkup with the history of being absent in school often, easily get irritated nowadays, not staying at home and lingering around. He was being observed by his parents, gradually getting fewer grades in school, going out of the house at odd timings, and there was no such past history of him or his family.

When he was asked about addiction to anything, he denied all. Then by investigation came to know from his friends that he was sniffing correction ink by putting it on a handkerchief. Was then put for counseling and treated with Tab Naltrexone 50 mg OD as an anti-craving measure. Gradually, therapy started showing effect and improvement in the boy.[6]

 

v REFRENCES       

  • Clarke’s Analytical Forensic Toxicology, (2008), by Sue Jickells and Adam Negrusz. 24/06/2020
  • Number 5, VOLATILE SUBSTANCE ABUSE, Practical Guidelines for Analytical Investigation of Suspected Cases, and Interpretation of Results, by R.J. Flanagan, P.J. Street, J.D. Ramsey. https://trove.nla.gov.au/work/24375168?q&versionId=29435363. 24/06/2020
  • SOLVENT USE AND ITS MANAGEMENT — AN OVERVIEW, by Priya G Menon, Anjana Rani, TS Jaisoorya, 2015. https://kjponline.com/index.php/kjp/article/view/28.  24/06/2020
  • Inhalant abuse: A clinic-based study (2008), by Suresh Kumar, Sandeep Grover, Parmanand Kurihara, Surendra Kumar Mattoo, Debasish Basu, Parthasarathy Biswas, Ruchita Shah. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2738341/. 24/06/2020
  • Inhalant abuse on the rise, updated 2014, TOI. http://timesofindia.indiatimes.com/articleshow/37373322.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst. 24/06/2020
  • Case of Toluene Abuse, by Col PS Bhat, Col AK Mitra, Col A Anand, 2009. http://medind.nic.in/maa/t10/i1/maat10i1p88.pdf. 24/06/2020
  • Inhalant, https://en.wikipedia.org/wiki/Inhalant.  24/06/2020
  • Solvent Abuse: The Facts, The Young Scot Card. https://young.scot/get-informed/national/solvent-abuse-the-facts. 24/06/2020

 

Author:

Shubhechha Jadhav, Intern at Dept. of Forensic Science & Criminal Investigation (June 2020), Legal Desire Media & Insights

Miss. Shubhechha Dinesh Jadhav, from Lasalgaon, Dist. Nashik, pursuing Masters in Forensic Science (Chemistry and Toxicology) from the Institute of Forensic Science, Mumbai, University of Mumbai and have completed my Bachelor’s in Forensic science from the same Institute. Presented Research paper on the title,” Arsenic Poisoning – A Forensic Perspective” in the 2nd International Virtual Conference on “FORENSIC INVESTIGATIONS – STEPPING STONE FOR THE FUTURE TECHNOLOGIES & ADVANCEMENT ”, arranged by Legal Desire Media Insights (May, 2020). I have interned at CFSL-CBI at Navi Mumbai in Documents, Photography and Fingerprint Division. Also worked with Maharashtra-Mumbai Police on the AMBIS (Automated Multimodal Biometric Identification System) project. Have trained the police personnel in the Exhibition organized to celebrate Maharashtra Police Raising Day, on “Tyre marks and its patterns, Footprints, and Footwear prints Analysis”, at Police Training Centre, Marol, Mumbai.

         Volunteered and participated in Forensic Expo. in the year 2015-16 and 2016-17, held at Institute of Forensic Science, Mumbai.

Represented as Captain of Girls Volleyball team of Institute of Forensic Science, at University level and was NSS volunteer for a period of 2 years, 2015-2017 (officially).

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Use of Entomology as an Evidentiary Tool and their Forensic Importance https://legaldesire.com/use-of-entomology-as-an-evidentiary-tool-and-their-forensic-importance/ Wed, 24 Jun 2020 18:57:04 +0000 https://legaldesire.com/?p=42235 Introduction Firstly we have to know about entomology and its uses in forensic sciences. It is one of the oldest branches of forensics. There are various categories of forensic entomology but here we will look into the Medico-Legal Aspects of the Forensic Entomology. Here we will discuss the negligence shown to any child, incapables (old) and animals. […]

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Introduction

Firstly we have to know about entomology and its uses in forensic sciences. It is one of the oldest branches of forensics. There are various categories of forensic entomology but here we will look into the Medico-Legal Aspects of the Forensic Entomology.

Here we will discuss the negligence shown to any child, incapables (old) and animals.

 

Types of abuses

The main three categories will be discussed hereof abuse/neglect seen are as follows:

·        Child neglect/ Abuse

·        Elderly neglect/Abuse/Nursing home Abuse/ Neglect

·        Animal neglect/ Abuse

 

Child Abuse

A child can be considered as a person under the age of eighteen. Any emotional harmseserio physical harm or sexual harm or exploitation or death is considered under the Child Abuse.

Child abuse is a very frequent crime in India. For example, In Ireland, a two-year-old male child was admitted to the hospital. He was showing signs of malnourishment and was suffering from severe enteric pain and bleeding. Tissue lacerations were found in the investigative surgical procedures of the child. A partial larva and Speckles from the tissue samples of the child were identified as the cause. Larvae of Dermestes lardaceous were also found in boxes of biscuits in the kitchen at the child’s home in large numbers. This was the reason for the fatal cause of the child. Negligence of the parent was proved.

 

In the above example, we found the larva and speckles from the tissue samples. It happened due to the insect found in the boxes of biscuits in the kitchen. This shows the negligence of the child in the home. The proper ignorance in the food quality of the child is the main reason for the illness. From a general view, the child was only malnutrition but the arthropods /larva present in the packets of biscuits lead to the real cause of the illness. So in this way entomology is helpful in forensics.

Some symptoms of child abuse/neglect that is usual include:

v Malnutrition,

v Bruises or Abrasions,

v  Healing fractures, and

v Repetitive or cumulative injuries upon examination of skin, soft tissues, and bones.

If any child is found to be a victim of abuse cases, then forensic entomology is utilized in estimating the time since the abuse last happened, and in case of fatal cases, the Post-mortem Interval (PMI) is done. The blowfly larvae and pupae and in some cases maggots are formed then they can produce evidence that may determine the length of neglect of the child.

Section  304A will be charged against the accused which tends to the punishment for “ Causing death by negligence”.

 

Elder Abuse

Elder abuse relates to the abuses happens with the senior citizens. This type of abuse includes:

v physical force against an old person that causes them physical harm

v Elderly neglect is also not providing for their basic daily needs.

Older widowed women living on fixed incomes are the most rated victims. In this type of case, a typical abuser is usually a family member such as a spouse or a spoiled child. In the case of non-relatives, an abuser is generally nursing home attendants.

The usual symptoms that are visible of elderly abuse is broken bones, bedsores, cuts, bruises, etc. Sometimes the signs are lack of food and water, wearing the same clothes repetitively, weight loss, not bathing regularly, anxiety, withdrawal from social contact, depression, etc.

We can better understand it with an example:-In Germany an elderly woman was found dead in September 2002 in her apartment. Her foot was wrapped in a plastic bag, and the wrapped foot was infected with Luciliasericata larvae commonly known as (Green Bottle Fly). Due to not proper cleaning of her toilet and it was covered by cloth piece, which invited flies to feed upon that. The post mortem interval (PMI) cleared that the death was 2 days ago while maggots were found to be about 4 days old. The report clearly found that the maggots had been feeding on her foot while she was still alive for about a week ago.

In the above scenario we may say that larva of green bottle fly leads to the real cause of death. It is better proven in this, that the old lady was alive and she died due to the insects feeding on her flesh. This also shows the case of negligence that the old lady was not attended by anyone for two days.

Forensic entomologist use insects to determine the post-mortem interval (PMI) and the person were neglected or not. In several cases where neglect was the major factor in a person’s death.

Some  sections are mentioned of Indian Penal Code which prevents the elder abuse:

Section 20 of the Hindu Adoption and Maintenance Act, 1956 seeks an obligatory provision to maintain an aged parent.

Section 125 of Criminal Procedure Code says that the elder parents can claim maintenance from their children.

Maintenance and Welfare of Parents and Senior Citizens Bill, 2007, seeks to make it legal for the children or property holders to maintain their parents or senior citizens of the family.  The children as sons, daughters, grandsons and granddaughters according to the bill.

 

Animal Abuse

Animal abuse is a type of abuse includes the negligence of animals or pets. Animal abuse is defined as, divest of an animal of food, shelter, socialization, water, or veterinary care even torturing, mutilating, maiming, or killing an animal is also included.

Any injury leads to causes of myiasis in animals, or the presence of excretory material on the skin of the animal leads to living animal inviting insects.

An example which supports the insects are indicators of abuse, a dog was taken to the veterinary doctor with severe edema of the muzzle and several facial fractures of cause. When the case was taken seriously the radiographs indicates that almost 100 pieces of lead buckshot were present in the area of the fracture. We can say that the maggots present there alerted the doctor and helped in saving the case getting worsen.

The maggots found on maxilla of the dog draws the attention of the doctor towards the serious cause.

Some  sections are mentioned of IPC and Cr.P.C which prevents the animal abuse:

Section 11 (i) of Prevention of Cruelty to Animals Act, 1960 says that abandoning an animal, leaving it in a situation that it suffers pain due to starvation or thirst, is a punishable offence.

According to section 11 (1) (h) of The Prevention of Cruelty to Animals Act, 1960  If an owner fails to provide its pet with sufficient food, drink or shelter, he/she shall be liable for a punishable offence.

According to section 98 of the Transport of Animals Rules, 1978, animals should be healthy and in good condition while transporting them.

IPC Sections 428 and 429 says that to kill or maim any animal is a punishable offence.

Section 11(1)(i) and Section 11(1)(j), PCA Act, 1960 claims that Abandoning any animal for any reason can land you in prison for up to three months.

Section 11(1)(d) Prevention of Cruelty to Animals, (Transport of Animal) Rules, 2001 and Motor Vehicles Act 1978 relates to the conveying or carrying animals whether in or upon any vehicle, in any manner or position which causes discomfort, pain or suffering is a punishable offence under two Central Acts.

Conclusion

Forensic entomology is a very vast and expanding field. Increasement in a number of cases leads to the development in researches. Use of insects as indicators of abuse /neglect is not a common occurrence in the current scenario, but sometimes popular culture makes forensic entomology as a strict and useful factor in legal cases.

 

References:

1.  ” abuse.” Dictionary.com Unabridged (v 1.1). Random House, Inc. 21 Mar. 2008. <Dictionary.com http://dictionary.reference.com/browse/abuse

2. “neglect.” The American Heritage Dictionary of the English Language, Fourth Edition. Houghton Mifflin Company, 2004. 21 Mar. 2008. <Dictionary.com http://dictionary.reference.com/browse/neglect>.

3. Gennard DE. Forensic Entomology: An Introduction. Wiley & Sons Ltd. 2007;1:13-14.

4.  ^ Sherman RA, Hall MJR, Thomas S. Medicinal Maggots: An Ancient Remedy for Some Contemporary Afflictions. Annu Rev Entomol. 2000;45:55–81.

5.  ^Guerrini VH. Ammonia Toxicity and Alkalosis in Sheep Infested by Luciliacuprina Larvae. Int J Parasitol. 1988;18:79–81.

6.  “Child Abuse Prevention and Treatment Act.” Administration for Children and Families. 10 FEB 2006. U.S. Department of Health and Human Services. 21 Mar 2008 <http://www.acf.hhs.gov/programs/cb/laws_policies/cblaws/capta/index.htmArchived 2008-03-30 at the Wayback Machine

7.  Spitz WU. Medicolegal Investigation of Death. 4th ed. Springfield: Charles C Thomas Ltd, 2004; 8:357-363.

8. Benecke, Mark, RüdigerLessig. “Child Neglect and Forensic EntomologyArchived 2011-07-07 at the Wayback Machine.” Forensic Science International 155-9(2001): 120 ff.

9.  Elder Abuse and Neglect. Molly Hofer. 2008. http://www.urbanext.uiuc.edu/elderabuse/signs.html.

10.  https://indiankanoon.org/doc/17630/

11.  https://blog.ipleaders.in/legal-provisions-elders-indian-law/

12.  https://www.thebetterindia.com/46721/humane-society-india-animal-laws-prevention-of-cruelty-act/

 

Author – Aditi, Intern at Dept. of Forensic Science & Criminal Investigation, Legal Desire & Insights (June 2020)

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Hair’s Importance in Sexual Assault Case https://legaldesire.com/hairs-importance-in-sexual-assault-case/ https://legaldesire.com/hairs-importance-in-sexual-assault-case/#respond Wed, 24 Jun 2020 18:55:18 +0000 https://legaldesire.com/?p=42238 Sexual assault on women and children are some of the most heinous crime against mankind. According to the statistical data of government, it has been estimated that there was 32,500 reported case of rape in 2017 in India as compared to 24,923 in 2012. The case shows a constantly increasing pattern even today (1). IMPORTANCE […]

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Sexual assault on women and children are some of the most heinous crime against mankind. According to the statistical data of government, it has been estimated that there was 32,500 reported case of rape in 2017 in India as compared to 24,923 in 2012. The case shows a constantly increasing pattern even today (1).

IMPORTANCE OF HAIR IN SEXUAL ASSAULT CASE

Hairs are slender fibrous outgrowths projecting from the skin that possess different microscopic characteristics such as color, shape, scale pattern, and root appearance. Variability in such characters can help forensic expert to determine sex, age, and racial origin of the person that shed the hairs, as well as allowing one to analyze which area of the body hairs has come from. Analysis of hair provides valuable information in case of sexual assault that can help to lead to the identification of victim and suspect/s involved in the crime (2).

Transfer of Hair in sexual assault:

The Associative head and pubic hair transfers can provide a circumstantial connection between victim and object in sexual assault cases (3).

Pubic hair microbes can refer to as a forensic tool:

When expert think about the sexual assault, then human hairs come to mind as great evidence to start, however, numbers of samples recovered at crime scenes are shed hair containing an insufficient level of nuclear DNA, denotation they can’t be used to make an identification. This is because when the short tandem repeat; STR analysis is performed on crime-scene DNA, where the probes are attached to the control samples, and then it is amplified in length by a polymerase chain reaction PCR to create a DNA fingerprint. Two samples can then be analyzed by comparison to find if there is a match (4).

The value of hair testing in GHB facilitated sexual assault case:

When a women is sexually assaulted after administration of gamma-hydroxybutyrate GHB and morphine. The hair sample is collected after the alleged offence in order to sample the corresponding period after regular growing. Then after decontamination with dichloromethane, the hair shaft is cut into 3-mm segments. They are overnight incubated in 0.01 N NaOH in the presence of GHB-d6, followed by neutralization and extraction in ethyl acetate under acidic condition (5). Toxicological analysis of her hair segments is done by gas chromatography and mass spectrometry (GC/MS) and the concentration of morphine and GHB can be calculated (6). A higher value of GHB will be found in a particular period associated with possible criminal or illegal activity and also associated with the presence of the morphine in the same period. In the case of rape under influence, a clear increase of the corresponding segment (about 2.4 mg) in time is observed, in comparison with other segments (0.6-0.8 mg). This toxicological analysis of hair demonstrates that a single exposure to GHB in a case of rape can be documented after hair analysis when is collected about one month after the crime (7).

Hair- The microbial ‘Signature’ of sexual assault (Rape)-

The bacterial communities living on an individual’s pubic hair can be analyzed for microbial ‘signature’ to trace their involvement in sexual assault cases. To identify the culprit from the hair they leave at the scene of occurrence a substitutive approach could be through the detection of an identical microbial ‘signature’. The expert found in their initial results that pubic hair, in particular, shows the main potential for forensic investigation, they also found that an individual’s pubic hair microbiota appears to be transferred during intercourse, and they have the potential for forensic analysis on sexual assault cases (8).

Conclusion-

As in the context of Hair we can say that it has multiple application in the Forensic field as well as other too; Forensic toxicology, clinical toxicology, occupational medicine, and doping control, etc. But as in such as heinous crime; sexual assault case, it plays a very important role for species and racial identification. As we all know that every hair is different and specific from each individual, even it varies from their own body parts, through DNA profiling it leads to somewhat easy to get a connecting link among victim, suspect, and crime scene to find out the real culprit of offense.

REFERENCES

Johansen, S. 2017). Detection of the antipsychotic drug quetiapine in the blood, urine, and hair samples of the victim of a drug-facilitated sexual assault. Forensic Science International270, e12-e15. Doi: 10.1016/j.forsciint.2016.12.010.

2.Enos, W., & Beyer, J. (1981). The Importance of Examining Skin and Hair for Semen in Sexual Assault Cases. Journal of Forensic Sciences, 26(3), 11407J. Doi: 10.1520/jfs11407j

3.Mann, M., 1990. Hair Transfers in Sexual Assault: A Six-Year Case Study. Journal of Forensic Sciences, 35(4), p.12909J.

4.Tripathi, K., & Chatterjee, A. (2017). Reporting Rape Cases in India. SSRN Electronic Journal. DOI: 10.2139/ssrn.3005057.

5.Busardò, F. (2016). The importance of hair testing in GHB facilitated sexual assault cases. Journal of Forensic and Legal Medicine, 39, 74-75. Doi: 10.1016/j.jflm.2016.01.020

6.Busardò, F., Vaiano, F., Mannocchi, G., Bertol, E., Zaami, S.& Marinelli, E. (2016). Twelve months monitoring of hair GHB decay following a single dose administration in a case of facilitated sexual assault. Drug Testing and Analysis, 9(6), 953-956. Doi: 10.1002/dta.2100

7.Kintz, P., Villain, M., & Ludes, B. (2004). Testing for the Undetectable in Drug-Facilitated Sexual Assault Using Hair Analyzed by Tandem Mass Spectrometry as Evidence. Therapeutic Drug Monitoring, 26(2), 211-214. DOI: 10.1097/00007691-200404000-00022

8.. Pieper, E., & 2016, C. (2016).Reporting Sexual Assault: Review of the Literature Regarding the Decision to Report Sexual Assault. The Boller Review, 1(1). Doi: 10.18776/tcu/br/1/23

Author  – Miss Sandhya Soni, 

Intern at Dept. of Forensic Science & Criminal Investigation,

Legal Desire media & Insights (June 2020)

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Economic Crimes Prevailing In India https://legaldesire.com/economic-crimes-prevailing-in-india/ https://legaldesire.com/economic-crimes-prevailing-in-india/#respond Wed, 24 Jun 2020 03:06:18 +0000 https://legaldesire.com/?p=42213 Economic crimes committed by a person or an organization to achieve a financial and professional advantage. Economical crime is also known as financial crime. Not only India, economic crime is widespread in the whole world on a large scale because economical crime are various type such as Fraud (e.g. cheque fraud credit card fraud, mortgage […]

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Economic crimes committed by a person or an organization to achieve a financial and professional advantage. Economical crime is also known as financial crime.

Not only India, economic crime is widespread in the whole world on a large scale because economical crime are various type such as Fraud (e.g. cheque fraud credit card fraud, mortgage fraud, corporate fraud, bank fraud, insurance fraud, market manipulation, payment fraud), Tax evasion, Terrorist financing, Drug trafficking, Money laundering, food adulteration, Bribery, and corruption.

Impact of Economic offenses on National Economy

Financial offenses cause harm to the general economy of the nation and unfavorably influence the development and advancement of the country. Globally, the foreign investor is reluctant to invest in countries where economic crime is high. Where there is a high incidence level of economic crime, the government and bureaucracy are also viewed as being corrupt and weak.

Growth of economic crime in India

The National Crime Records Bureau data has revealed that a total of 1, 56,268 cases related to economic offenses were reported in the year 2018 in which Forgery, Cheating & Fraud (Secs.420, 465, 468, 471, 231-243, 255 and 489A to 489E IPC) cases are 1, 34,546 and some other sections like Criminal Breach of Trust (Secs.406 to 409 IPC) 20,456 case reported and Counterfeiting (Secs.231-243, 255 & 489A to 489E IPC) 1,266 a case reported [1].

According to NCRB data, the number of financial offenses across India increased from 1,48,972 in 2017 to 1,56,268 cases in 2018. Continuously the number of economical crime increasing every year, and most of the case in metropolitan cities of India were registered for forgery, cheating, and fraud (27,903), which accounted for 88.6 percent during 2018.

Among the 19 metropolitan urban communities with a population of over 3.5 million in Mumbai, Delhi, Jaipur, and Bengaluru accounted the most notable of 31,501 instances of financial crimes in 2018. These four urban areas accounted for 53.6% of every single monetary wrongdoing. As far as the percentage of crime is concerned, so Jaipur has the highest 142.7 cases per one lakh population. The total monetary offenses reported from these urban communities demonstrated a guiding pattern in 2018 over the past two years. In 2017, the police registered 29,064 cases and in 2016, the number of cases was registered is 30,734. In the last few years, cases of cheating, forgery, and fraud have registered in the metropolitan city or state of India in bulk. A growing economic crime in India is a serious concern. A reason behind the continuous growth of economic crime is a low risk and high profits [2].

In 2018, 10050 Economic Offence Cases registered in which less than 1 Lakh Property losses, 841 economic Offence Cases registered in which 1 to 10 Crore Property losses and 12 economic Offence Cases registered in which above 100 Crore Property losses in Metropolitan Cities. In every year the Indian government suffering average 6 Crore direct losses due to fraud [3].

Laws dealing with economic offenses

Financial crimes are often referred to as white-collar crimes and are systematically accomplished as deception and fraud by technically qualified people, wealthy agents, and corporate officers. To punish the criminal relating to economic offenses a number of Acts are present, some acts are:-

1.     Tax-evasion, The Income- Tax Act, 1961

2.     Illegal Drug smuggling, Narcotic Drugs, and Psychotropic Substances Act, 1985

3.     Corporate and business fraud, The Prevention of Money Laundering Act 2002

4.     Stock Market Manipulations, Companies Act, 2013/ IPC

5.     Illegal Trafficking in contraband goods and smuggling, Customs Act, 1962 & COFEPOSA, 1974

6.     The Prevention of Food Adulteration Act, 1954

7.     Corruption and Bribery of Public Servants Frauds, Prevention of Corruption Act, 1988

8.     Theft of Intellectual Property, Copyright Act, 1957 (Amendments of 1994 & 1999)

9.     Illegal Trafficking in Arms, Arms Act, 1959 [4].

 

Prevalent economics crime in India

Prevalent economics crimes in India are Nirav Modi scam, Sahara India scam, Saradha chit fund scam, Vijay Mallya scam etc.

·       Case study- Nirav Modi scam

The most popular scam of 2018 is the scam of Nirav Modi, in which a scam of $1.77 billion has been done in connivance with the manager of Punjab national bank and Nirav Modi. The scam was carried out through fraudulent letter of undertaking (LOU) bond issue to an overseas branch of other Indian banks, including Allahabad Bank, Axis Bank, and Union Bank of India, using international financial communication system, SWIFT for a Buyer’s credit payment without the entry in a Punjab National Bank system data, at its Brady House branch in Fort, Mumbai [5].

·       Case study- Sahara India scam

To raise a fund from the public, on 30th Sep 2019 Sahara prime city company submitted a Draft Red Herring prospectus (DRHP) to SEBI for issuing an IPO (Initial public offering). But SEBI found that the two company Sahara housing investment corporation LTD. (SHICL) and Sahara India real estate corporation LTD. (SIRECL) has raised they are found in an illegal way. These two companies borrow their fund by many people through optionally fully convertible debentures (OFCD), whereas the rule is such that if a company have to issue OFCD more than 50 people then have to take permission from SEBI and collection process must be completed in 6 weeks. But these two companies issue OFCD approx. 3 Crore people and collected 24000 Crore funds in more than two years without the permission of SEBI [6]. Then SEBI registers a complaint against SIRECL & SHICL Company and orders to the Sahara Company to return the money of OFCD holder with 15% interest. Sahara Company went to Supreme Court disregarding SEBI order; however, the judgment came against the Sahara India Company, in which the court said that the money collected from the OFCD holder would have to be deposited within 3 months to SEBI with 15% interest and also have to submit all the documents of the OFCD holder. After paying one installment Sahara India company said that the rest amount already returned to the OFCD holder but it was not so and those Document Sahara submitted to SEBI in which many numbers of OFCD holder details are false or incomplete, hence SEBI said this matter can be a money laundering. Finally, on 28th Feb.2014 Supreme, The court passed an order to arrest chairman of the Sahara group Subrata Roy and still, he is in jail.

 

 REFERENCES

  •         Crime in India Table Contents | National Crime Records Bureau, Table 8A.1. (n.d.). Retrieved June 20, 2020, from https://ncrb.gov.in/en/crime-in-india-table-addtional-table-and-chapter-contents
  •      Crime in India Table Contents | National Crime Records Bureau, Table 8B.2. (n.d.). Retrieved June 20, 2020, from https://ncrb.gov.in/en/crime-in-india-table-addtional-table-and-chapter-content
  •      Crime in India Table Contents | National Crime Records Bureau, Table 8B.3. (n.d.). Retrieved June 20, 2020, from https://ncrb.gov.in/en/crime-in-india-table-addtional-table-and-chapter-contents
  •      Agha, S. (2013). Study of Economic Crimes in India with Special Emphasis on Financial Market Crimes and Control Measures [Abstract]. SSRN Electronic Journal. doi:10.2139/ssrn.2340506
  •         Kolte, A., & Wagh, P. (2019, June 01). (PDF) Analyzing Punjab National Bank Scam. Retrieved June 20, 2020, from https://www.researchgate.net/publication/335517910_Analyzing_Punjab_National_Bank_Scam
  •         Shashikant, U. (2014, March 10). Sahara: A landmark case that brought focus on investor protection. Retrieved June 20, 2020, from https://economictimes.indiatimes.com/opinion/et-commentary/sahara-a-landmark-case-that-brought-focus-on-investor-protection/articleshow/31658922.cms?from=mdr

 

Author – Atul Abhishek, Intern at Legal Desire Media & Insights (June 2020)

Mr. Atul Abhishek, currently he is doing Master in Forensic Science from Galgotias University, Uttar Pradesh. He has graduated in ‘Zoology Honours’ From Veer Kunwar Singh University, Ara. He did several certificate courses from reputed organizations like WHO, UNICEF, Saylor academy, TCSION, Future Learn, Alison Etc. He has attended many workshops and seminars or webinars. Apart from academics, they are also involved in social work along with some organizations and NGOs.

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Social Factors Leading to Juvenile Delinquency in Indian Context https://legaldesire.com/social-factors-leading-to-juvenile-delinquency-in-indian-context/ https://legaldesire.com/social-factors-leading-to-juvenile-delinquency-in-indian-context/#respond Sun, 31 May 2020 12:32:26 +0000 https://legaldesire.com/?p=40821 Juvenile Delinquency is the demonstration of taking an interest in unlawful conduct as minor, it is a crime committed by kids under the period of 18 years and cannot abide by the law known as Juvenile Delinquency. It is a combination of two words, Juvenile and Delinquent. The word delinquency has extracted from the Latin word “Delinquere” […]

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Juvenile Delinquency is the demonstration of taking an interest in unlawful conduct as minor, it is a crime committed by kids under the period of 18 years and cannot abide by the law known as Juvenile Delinquency.

It is a combination of two words, Juvenile and Delinquent. The word delinquency has extracted from the Latin word “Delinquere” which intends to leave or to surrender. Age group: Boy child 7 years to 16 years and Girl child 7 years to 18 years. It cannot charge any child lesser than 7 years with a crime, no matter how strong the case. Under section 82 of the Indian Penal Code 1860 (IPC), a child under the age of 7 cannot say to have committed an offence CITATION Ram18 l 16393  (Devgan, 2018).

According to the Juvenile Justice Act 2015, the child between the age group of 16-18 years and commit any heinous crime, it will consider as an adult crime. The treatment for juveniles and adults differs from each other. Juvenile delinquency is a colossal issue in India by which the greater part of the young ruins their lives. Because of adolescent wrongdoing and related issues, youth, their families and suffer multiple consequences. Not only does the issue influence the survivors of the crime; it likewise influences the adolescent reprobate’s family, their future, and the public. The most significant outcome of wrongdoings submitted by adolescents conveys because of financial and mental issues that think about their relatives and the public. Because of the mental issues, now and again adolescents engaged with thefts, assaults, and attacks additionally are noteworthy, with these crimes the adolescents habituate to devour liquor or other drugs. The adolescent who carries out genuine wrongdoings challenges their future to fight apparent maltreatment that has executed against them. This makes them mental despondency and thus reflects to carry out more wrongdoings.

In 2003, out of all the juvenile delinquency 466 cases related to the rape case, in 2013 it has increased the number to 1737. By this, we can infer that juvenile delinquency is exploding. According to the 2016 report, the cases related to kidnapping and abduction committed by children are nearly 1485, out of which 817 cases are because of marriage.

Reasons for Juvenile Delinquency

Family: A reliable example of family risk elements relate to the improvement of reprobate conduct in youngsters. These family hazard factors incorporate an absence of appropriate parental supervision, less surveillance on the child, progressing parental clash, disregard, and misuse like emotional, psychological or physical. Guardians who exhibit an absence of regard for the law and social standards will probably have youngsters who think. At long last, those kids that show the most vulnerable connection to their folks and families are unequivocally similar adolescents who take part in wrong exercises, including reprobate lead.

The misnomer is the child who doesn’t have a home or broken family they commit more crime, but according to National Crime Records Bureau (NCRB), 2016 report out of all juvenile delinquency cases only 3.5% cases are homeless child committed crimes CITATION
Kir17 l 1033
 (Phogat, 2017).

Lack of Finances: Youthful or grown-up, may prompt an off-base way to improve their budgetary conditions. Adolescents become adolescent delinquents because of the absence of accounts. At the point when they experience poor financial conditions, they take part in an inappropriate exercise. To become rich in a short time, they may begin selling drugs or take things to improve their monetary conditions and to gain maximum pleasure.

Societal: As the kid develops more established, the individual in question goes into the neighbourhood and turns into an individual from the playgroup or companion gathering. That by chance he joins the gathering or the posse that cultivates reprobate mentalities he is additionally liable to turn into a reprobate. Much wrongdoing springs up from the pervasive mentalities in the gatherings inside which the adolescent has quick contacts. That is why it maintained that “delinquency is a product of community forces”

Others: Because of lack of education, we need to get that; it is uncommon that a youngster would have the choice to recognize good and bad.

According to the NCRB report, the child above 16 years nearly 45% have taken their primary education but they have not cleared their matriculation. By this, we can conclude that lack of education is also a reason for juvenile delinquency CITATION Ane19 l 16393  (Bedi, 2019).

Poverty: It is one of the significant purposes behind juvenile delinquency, a huge extent of reprobate youngsters originates from poor homes. It is notwithstanding how not recognized by proficient understudies of adolescent misconduct; the vast majority of delinquents originate from the lower class. They submit their offences as an individual from packs. 

Poverty compels sometimes both of the guardians to be outside the home for a very extensive stretch to gain their everyday bread, to full fill basic needs, hunger. They will neglect the youngsters. Such youngsters may deliberately or unwittingly hold hands with hoodlums and become delinquents. This occurs in slum zones and regions in which most regular workers individuals live.

Preventive Measures

  • Any juvenile crime, how small or big it is, the child is not the one to blame; it is surrounding there could be many reasons but not the child. When it is not the child, making a strict law will not bring change and will not stop juvenile delinquency. Because it is a social problem.
  • Adolescent misconduct is one that has drawn the consideration of Indian society too. It realized that the reprobate kid today may end up being an interminable criminal tomorrow. Conversations, discussions, and studies have made at the national and international levels by researchers to search out a viable solution for this issue. I have recommended two strategies to manage this issue: Preventive strategy, and Rehabilitation CITATION Kas l 1033 (Kashishmathur, n.d.).
  • Juvenile Delinquency is exploding, the number of child house, child court, rehabilitation centre has to increase.
  • The Borstal home will take children below 15 years, it has to accept children from 15 to 18 years as well because the maximum crime committed by children comes under the age of 15-18 years.
  • Integration of NGO with Self-Help group and proper Rehabilitation.
  • In child court, the judges have to take from criminology, sociology, psychology background.
  • Establishment of Child Advice Centre in Slum areas.
  • Keep children away from sexual content.

References

  • Bedi, A. (2019, October 24). The Print. Retrieved from Juveniles Crime: https://theprint.in/india/educated-juveniles-crimes-more-illiterate-ones-2017-ncrb/310527/
  • Chatterjee, D. (2018, November 17). Juvenile Delinquency in India – A Legal Analysis – By Debalina Chatterjee. Retrieved from Legal Bites: https://www.legalbites.in/juvenile-delinquency-india-legal-analysis/
  • Devgan, R. (2018, August 15). IPC Section. Retrieved from Devgan.in: https://devgan.in/ipc/section/82/
  • Kashishmathur. (n.d.). Juvenile Delinquency in India Causes and Prevention. Retrieved from Legal Service India: http://www.legalserviceindia.com/legal/article-1724-juvenile-delinquency-in-india-causes-and-prevention-.html
  • Phogat, K. (2017). Juvenile Delinquency in India Causes and Prevention. Journal of Advances and Scholarly Researches in Allied Education, 5.

 

 

Author :- Afrozulla Khan Z , Intern at Legal Desire (2020)

He has completed Masters in Criminology & Forensic Science, he is a Certified Cyber Warrior, self-taught Cyber-Crime Investigator, and Researcher.

He has published research and review papers in peer review International Forensic Science Journals. He serves as a Research paper reviewer of the International Journal of Forensic Sciences (IJFSC), and Editorial Board Member for the Journal of Forensic Sciences and Criminal Investigation (JFSCI).

He developed two android applications called “Forensic Science” and “Forensic Science News and Info” and both the apps are available in Google Play Store.

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Role of Touch DNA, When No Other Relevant Evidences are Present at Scene of Crime https://legaldesire.com/role-of-touch-dna-when-no-other-relevant-evidences-are-present-at-scene-of-crime/ https://legaldesire.com/role-of-touch-dna-when-no-other-relevant-evidences-are-present-at-scene-of-crime/#respond Mon, 04 May 2020 09:07:51 +0000 https://legaldesire.com/?p=40823 Nowadays everyone aware of DNA but in those people, only a few of them know about “Touch DNA” whereas it was first discovered and published in 1997. An American scientist discovers this and told everyone that just a single touch can transfer DNA to objects or anything which anyone physically contacts. No one knows that […]

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Nowadays everyone aware of DNA but in those people, only a few of them know about “Touch DNA” whereas it was first discovered and published in 1997. An American scientist discovers this and told everyone that just a single touch can transfer DNA to objects or anything which anyone physically contacts. No one knows that a single touch or contact tells their genetic information only some of them just aurally perceived about Touch DNA but don’t know about it properly.

Touch DNA is a DNA which can be found anywhere or on anything which comes in contact with any human. Touch DNA is additionally known as “Contact Trace DNA” because a single touch or contact leaves traces on objects. Skin or epithelial cells are responsible for the Touch DNA sample which can be found at the scene of crime facilely and it is not visible to naked eyes. Any objects present at the scene of crime have the possibilities that Touch DNA will be present on that object.

Based on the Locard’s Exchange Principle, which states that “Every contact leaves Traces”, this principle properly suitable for this evidence, when any other pieces of evidence were not found at the scene of crime Touch DNA will be the only evidence plays a major role and increase the possibilities to solve the case. 

Humans shed approximately about 400,000 skin or epithelial cells per day. That’s why we can facilely get these cells from the scene of a crime which tells us who all are present at the scene of a crime or who is cognate to the crime scene on the substratum of this evidence forensic expert can know about suspects or sometimes knows the perpetrator additionally. Only 7-8 cells are required to do DNA profiling, even with a small amount of sample identification of the perpetrator can be done.

Role of Touch DNA:

Touch DNA plays a major role in that case in which no other pieces of evidence were found like biological, physical or any other visible evidence, in that cases forensic experts go with this Touch DNA evidence because it is certain that there will be any contact occur at the scene of the crime which may leave some traces. When any crime committed at any place there will be maximum chances that perpetrator can shed their skin or epithelial cells, which can be found anywhere at the crime scene it may be present on the murder weapon, mobile phone, clothes, door, table, laptop, glass, the body of the victim, etc. If these things can amass and preserve opportunely it can give Touch DNA by which experts can link the perpetrator to the scene of the crime and gives experts a very fine result after DNA profiling by which they can solve the case. Sometimes Touch DNA plays a very crucial role in the investigation process and only on the substratum of this evidence many old cases were solved.

Collection methods of Touch DNA: Touch DNA can be collected in many ways but most felicitous methods are swabbing with dry or wet cotton and cutting. Minute samples are sufficient for DNA detection or analysis so if suspects are there then collect the sample by swabbing buccal or cheek cells with the avail of cotton and preserve it punctiliously. If some clothes are present at the scene of crime then cut some piece of clothes or preserve it. If there are no visible pieces of evidence are present the crime scene then take some sample with the avail of swabbing or tapping method from the objects(like glass, doorknob, window, table, etc.) on which Touch DNA may be present.

Some of the cases examples are here in which Touch DNA plays a major role:

  • Krystal Beslanowitch’s murder case: Beslanowitch was 17 years old at the time when she died by the crushing her skull and her body was found in the river. After many years in 2013 with the help of Touch DAN this case solved, DNA extracted from granite rock by which her skull crushed. Extracted DNA matched with Joseph Michael Simpson who was a driver of resort bus.
  • Double murder case: Alan Garna and his mother Julianna both were found dead in their own house. Touch DNA was found on the toilet paper tube which was at the scene of the crime on the bases of touch DNA this case solved.
  • David Camm’s case: David was released after 13 years and proved not guilty in his third trial. Touch DNA found on his wife’s (victim) nails proved that Charles Boney was the murderer of his wife.
  • Brianna Denison kidnapping and murder case: Brianna was 20 years old at the time of her death. Touch DNA found from the doorknob where she was staying when she was kidnapped and from her panty also both DNA matched with James Biela, who was found a guilty letter. 

Some limitation of Touch DNA: There are high chances of contamination of samples, Sometimes a person who had never comes in contact with that object on which his/her Touch DNA were found because of DNA’s touch and transfer properties it may come there by a person to person touch. American scientist who discovered Touch DNA withal believes in Touch DNA may appear on that object withal that they had never physically contacted. Sometimes Touch DNA transfer erroneously present at the scene of the crime because of touch transfer property. It withal very extravagant technology and need more attention while doing this analysis.

 

Conclusion

Touch DNA is DNA which can be found at the scene of crime facilely because its leave traces by contact and its plays a major role in that case in which no other pieces of evidence were found from the scene of the crime. Humans shed proximately about 400,000 skin or epithelial cells per day. That’s why we can facilely get these cells from the scene of the crime on the substructure of Touch DNA many cases were solved which were closed due to shortage of evidence. Touch DNA collection method is very simple, that is swabbing and cutting, those samples need more attention while handling this or preserving. There are some inhibitions of touch DNA but except this, it is the best technology to sole malefaction which has no other visible pieces of evidence.

 

References

  • www.crime-scene-investigator.net
  • T., sowmyya. (2016, February). Touch DNA: An investigating tool in forensic science.
  • Tang, A. links open overlay panel J. (2019). Touch DNA in forensic science: The use of laboratory-created eccrine fingerprints to quantify DNA loss. Forensic Science International: Synergy, 2, 1–16. 
  • Alketbi, S. K. (2018). The Affecting Factors of Touch DNA. Journal of Forensic Research9(3), 424. doi: 10.4172/2157-7145.1000424
  • Sessa, F., Salerno, M., Bertozzi, G., Messina, G., Ricci, P., Ledda, C., Pomara, C. (2019, July 2). Touch DNA; impact of handling time on touch deposit and evaluation of different recovery techniques: An experimental study. 
  • Sankhla, M. S. (2017). Identification of Criminal by using Touch DNA: A new Tool for Investigation in Forensic Science. Imperial Journal of Interdisciplinary Research (IJIR), 3 (5).
  • https://www.forbes.com/sites/marinamedvin
  • https://www.sciencedirect.com/topics/neuroscience/touch-dna

Author:- Beauty Anand, Intern at Legal Desire (2020)

She was born in Bihar and brought up in Delhi. She completed her B.Sc. in Forensic Science from Lovely professional University. She is currently pursuing M.Sc. Forensic Science from Galgotias University. She has done Internship in three government Forensic Science Labs (Dharamshala, Himachal Pradesh; Patna, Bihar and Dehradun, Uttrakhand). She has attended many international and national conferences some of them are 106th Indian Science Congress, Cyber security conference organized by CDI and Cyber-crime conference organized by FSL Dharamshala. She has also presented her research work as a poster in AGORA conference organized by Department of Forensic science Galgotias University and got 1st prize. Apart from academics she also has some achievements in extracurricular activities.

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Psychology of Cyber Criminal https://legaldesire.com/psychology-of-cyber-criminal/ https://legaldesire.com/psychology-of-cyber-criminal/#respond Mon, 04 May 2020 07:14:02 +0000 https://legaldesire.com/?p=40405 To discuss the psychology of cybercriminal it’s necessary to define what the term cybercrime means. Cybercrime or computer related crime that involves the computer and a network, the computer may be employed in the commission of a crime against the law or it’s going to be targeted. Cybercrime isn’t about computers: It’s about behaviour. It […]

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To discuss the psychology of cybercriminal it’s necessary to define what the term cybercrime means. Cybercrime or computer related crime that involves the computer and a network, the computer may be employed in the commission of a crime against the law or it’s going to be targeted. Cybercrime isn’t about computers: It’s about behaviour. It is important to grasp the psychological mindset of cyber-criminal, so we may consolidate the key insights about human behaviour along with technical solutions. Cyber psychology employed to be considered as emerging discipline within behavioural sciences. Cyber psychologist studies the impact of emerging technology on human behaviour. If we predict about the word hacking in terms of motive, without a doubt hacking may be a skill set. Somehow the word hacking become an abusive and harmful term but if we glance back in 80s or 90 centuries it considered as impressive skill set. But in these times hacking is completely perceived as being negative. Observing the psychology behind hacking through perspective of behavioural sciences, humanitarian understanding to hacking would enlighten an emotion like revenge, anger. Many cybercriminals have same modus operandi, like in phishing ransomware they are trying to convince the victim to give something – new car offer, lottery schemes, increasing master card value. There are many reasons behind technologically intelligent person to become a cyber-criminal, scary childhood experiences, mentally stressor, financial problem, these all factors that will cause an individual to feel deeply needy and build opportunities. It’s all up to hacker, it can be financial gain, to wreck someone assets simply because they will be proving a degree.  The psychology of cyber criminals may be explained through a mixture of theoretical perspective, indeed theories like Routine Activity Theory, and Social Learning Theory.

Routine Activity Theory (RAT)

Routine activity theory makes a connection between crime and its environment and lays stress on its ecological process. According to the Routine activity theory, the three major factors of victimization are the presence of motivated offender, availability of suitable target and lack of capable guardian. In 1979, Marcus Felson and Lawrence E. Cohen tested that explanation for changes in crimes through empirical evaluation of their principle postulates. So as to verify that the dispersion of activities far away from home and family could increase the probabilities of becoming the acceptable  target and diminish the presence of capable guardian, to verify that suitability of targets influenced mediatory contacts which solitary life far away from the family environment could raise victimisation rates and at last to do to verify that rise in crime was associated to changes in structure of  daily activities in life.

Social Learning Theory (SLT)

Social learning theory is learning through observations. There is various study which reflects the cybercrime learned from peer groups In Social Learning theory explaining the relationship between peer social influences and chances of committing crime like cyber harassment.

Case Study

Phishing calls is increasing day-by-day and it is basically originating from local villages. Recently, an internet series JAMTARA, (Jamtara is a district of Jharkhand state) shows how they portray themselves as bank employee, this breed of young fraud would use various tricks to fool their victim across country. They started conversation like this “Sir, you utilize an ATM Card, and you get a message two days ago that it had been blocked?’’ Every day they make uncountable calls from their village Jamtara. By doing these quite phishing calls from time to time would make off with as high Rs. 2-3 lacs in a very day.

 

References

1)     https://blog.avast.com/psychology-of-cybercrime (Access 14:04:2020)

2)     http://www.cambridgeblog.org/2013/09/forensic-psychology-vs-cybercriminals/ (Access 14:04:2020)

 

Author- Sumit Mishra, Legal Intern (2020)

Sumit Mishra, Born on 09 Aug 1995, at Bihar, India. He has completed B.Sc. (Hons.) Forensic Science from Galgotias University, Greater Noida, U.P. He is pursuing M.Sc. Forensic Science from Department of Anthropology, University of Delhi.  He has done training in Central Forensic Science Laboratory (CBI), New Delhi in Physics Division and Photo Division. He has participated in National & International Conferences & Workshops.

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Bullet Caliber, Range and Velocity determine blood spatter pattern? https://legaldesire.com/bullet-caliber-range-and-velocity-determine-blood-spatter-pattern/ https://legaldesire.com/bullet-caliber-range-and-velocity-determine-blood-spatter-pattern/#respond Mon, 04 May 2020 06:59:48 +0000 https://legaldesire.com/?p=40763 In today’s world, the crimes are only increasing day by day and damaging the society at a steady rate and proving it to be a menace for the country. In one way or the other, the society is also responsible in influencing the criminals and the criminal activities. Though, the government is trying every possible […]

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In today’s world, the crimes are only increasing day by day and damaging the society at a steady rate and proving it to be a menace for the country. In one way or the other, the society is also responsible in influencing the criminals and the criminal activities. Though, the government is trying every possible way of bringing down the crimes and no doubt it is working also but majority did not find expected results. With the rapid growth in the technology, the growth in the modus operandi at committing crimes has also been so evident and so making it difficult in the investigation part. But, from the forensic point of view, the investigation part is not that behind too and hence proves itself to be advanced in a lot of ways. In a lot of crimes, the involvement of different firearms is commonly seen and resulting in raising questions when it comes to the investigation part for such crimes.

The article mainly focuses on the ability to determine the blood spatter pattern when it comes to bullet caliber, range and the velocity.

A blood-spatter pattern is the phenomenon of collection of bloodstains delivered by drops of blood that have traveled through the air, from the source area to the target surface. One of the principle issues in scientific investigation of blood-spatter pattern is to figure out where a blood spatter originates from. This serves the reason in crime scene reconstruction of deciding the situation of the source of blood. BPA (blood pattern analysis) specialists/experts investigate numerous bloodstains, named a blood scatter pattern, planning to address the accompanying inquiries: (i) what could have caused such a pattern? (ii) When did the occasion happen? (iii)Where the culprit and the perpetrator were found when the fierce violent crime occurred?. The interpretations that are retrieved after the analysis of bloodstain pattern helps creating a link in apprehending the suspect, corroborate a witness’s statement, aid in the investigation and most importantly finding out the accused, though the investigation would depend a lot on the skills of the investigator and manner in which the whole investigation is carried. The regular utilization of guns in brutal violations also, their resultant blood spatters is of enthusiasm for the scientific community as well.

There have been a lot of studies in the past few years to which provides the knowledge about the effects in the bloodstain patterns with reference to the interactions between the firearm, the suspect and the victim. The following study was being made in which resulted about the differences that were observed in the blood spatter patterns depending on the type of firearm used and the distance kept.

In the study, the firearms used were (1) a Smith and Wesson Model 19, and (2) an M1 Carbine. The Smith and Wesson revolver is a 0.357 magnum, and the M1 is a 0.30 semiautomatic rifle. The two types of ammunition used were (a) Hornady 125 grain, hollow point bullets with a speed of 1,500 feet per second for the Smith and Wesson, and (b) Monarch brass, 110 grain, soft point bullets for the M1. The blood source used was a four gallon-sized water jugs dyed in different colors with food colorings (pink, purple, blue and orange) respectively. The pink dye represented the 0.357 magnum shot from 20 feet, the purple dye represented the 0.357 magnum shot from 40 feet, the blue dye represented the 0.30 rifle shot from 20 feet, and the orange dye represented the 0.30 rifle shot from 40 feet. The results obtained showed that the blood spatter area or pattern will increase with the increase in the caliber of the firearm and away from the target distance.

The blood spatter pattern equally relies on the velocity of the bullet from the firearm, thus can also aid in the identification of type of firearm. The differences can be explained in low, medium and high velocity spatters.

In low velocity when the blood hits the surface, the blood spatters at the range of 5 ft/sec or less resulting in larger droplets of blood (between 4mm and 8mm).

In Medium velocity when the blood hits the surface, the blood spatters at the range of 5 and 100 ft/sec. resulting in smaller diameter droplets of blood.

In High velocity when the blood hits the surface, the blood spatters at the range of over 100 ft/s resulting in the formation of tiny droplets of blood.

Though, there are other techniques also which are used in the analysis of blood spatter pattern such as the technique of stringing, however it takes time for the analysis using this technique. But, from the article we can say that the bullet caliber, range and velocity helps in determining the blood spatter pattern and hence play an essential role in the identification of weapon as well. This will surely aid in the investigation part and will create the link between the crime and the culprit.

References

1. Comiskey, P. M., Yarin, A. L., Kim, S. & Attinger, D. Prediction of blood back spatter from a gunshot in bloodstain pattern analysis. Phys. Rev. Fluids (2016). doi:10.1103/PhysRevFluids.1.043201

2.Comiskey, P. M., Yarin, A. L. & Attinger, D. Hydrodynamics of forward blood spattering caused by a bullet of general shape. Phys. Fluids (2019). doi:10.1063/1.5111835

3.James, S. H., Nordby, J. J. & Bell, S. Forensic science: An introduction to scientific and investigative techniques: Fourth edition. Forensic Science: An Introduction to Scientific and Investigative Techniques: Fourth Edition (2014). doi:10.1201/b16445

4.Victoria Erb and Cassandra Sheffield Edited by Heidi Rockwell .Texas A&M University – CollegeStation, TX- Effect of Different Bullet Calibers and Target Distances on Blood Spatter.

5. https://sites.google.com/site/bloodspatteranalysisforensics/bloodstain-pattern-analysis

 

Author :- Shikhar Mathur, Intern at Legal Desire (2020)

My studies for Forensic Sciences started from my graduation where I completed my degree of B.Sc(hons) Forensic Science. Later, i pursued my Master’s degree in the same field with the specialisation in forensic physics and ballistics and i am currently in my final semester . I have undergone internship in state forensic science laboratory, moradabad and have attended workshops, several conferences, and even volunteered in some. I have been to other Cfsl’s and Rfsl’s, and DFS as well which has given me an opportunity to learn about the different perks of forensics from the practical aspects. During my Master’s i have been able to get hands on experiences on different instruments which are used in the field of forensics. I have been able to work as a student in the ballistics research and training centre of Gujarat forensic sciences university and hence have certain knowledge of different ballistic materials testing and development.

I am willing to pursue my career in FSL so i could help in the police investigation hence serve the justice system of our country.

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Role of Invisible Inks in Criminal Activities https://legaldesire.com/role-of-invisible-inks-in-criminal-activities/ https://legaldesire.com/role-of-invisible-inks-in-criminal-activities/#respond Mon, 04 May 2020 06:57:54 +0000 https://legaldesire.com/?p=40811 Introduction With increase in the scientific techniques and modernization, the criminal activities related to document forgery is also increasing tremendously. The forgers are using simple to sophisticated ways to hide their identity and committing criminal activities. One such way is by using different natural and synthetic sources (now, more advanced ways) which are fulfilling the […]

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Introduction

With increase in the scientific techniques and modernization, the criminal activities related to document forgery is also increasing tremendously. The forgers are using simple to sophisticated ways to hide their identity and committing criminal activities. One such way is by using different natural and synthetic sources (now, more advanced ways) which are fulfilling the need of creating secret writing possessing secret codes and information as per their advantage by using invisible and disappearing inks. So, this article is intended as an introduction to the roles of invisible inks in criminal activities and the advancements.

What are Invisible Inks?

Invisible inks, also known as security ink or sympathetic ink can be any (unique) fluid or combination of chemicals, used for writing secret messages or text with the intention of hiding the information when it relates to “criminal mindset”. Invisible inks once applied on writing surface, after it dries looks as if it is blank, it disappears either on application or soon after, and can only be revealed by suitable means.

History of Invisible Inks

The use of secret writing has been widely applied since ancient times during War until the early twentieth century by using basic materials like lemon juice, urine to complex chemical preparation, to communicate with the prisoners. Use of “fresh milk” as a means of secret communication was reported by Ovid, and was suggested to reveal by “charcoal powder”. More sophisticated inks (copper sulphate, iron sulphate and cobalt salt) began to use towards the end of World War I which was needed to develop by potassium ferrocyanide and sodium carbonate. Further, the rapid advancement in the technology led to the development of “digitized hidden message”, rather than just be on paper (1).

How Invisible Inks are classified?

The invisible inks can be made to fall into three main classes:

1.     Those, revealed by heat,

2.     Those, revealed by chemical reactions and,

3.     Those, instantly visible under light.

Invisible ink can further be divided into two, according to their sources:

1.    Organic fluids: These includes fruit juices (apple, grapes juices), biological fluids (saliva, sweat, even diluted blood) etc. They are easily available and hence approachable for the fraudulent purposes.

2.    Synthetic invisible inks/ Sympathetic inks: These are more complicated; require one or more chemical for their composition, and to make the message visible, need specific reagent which often consists of another chemical.

Heat sensitive Invisible Inks

The organic invisible inks like lemon juice, honey, saliva, and even urine and diluted blood can be deciphered by heat, such as with moderate fire, blower or irons. Even soapy water works. These invisible inks work on the principle by subtly altering the fibers of the paper; hence making the secret writing to have a lower burn temperature and when exposed to heat, becomes brown faster than the surrounding paper. Heat not only deciphers the hidden text, rather it also erases the print or text.

People might wonder that why the print on ATM receipts/bus tickets disappears after sometimes. This is because the print is made by “thermal printing” method (2), based on the principle of “Thermochromism”- a colour changing process due to heating, on a thermal paper saturated with mixture of organic dye, an octadecylphosphonic acid and suitable matrix (like Fluoran leuco dye). After some days the print on the receipt slowly fades or disappears when exposed to sunlight (heat). However it can be revealed back by simply heating the receipt with a blow dryer upto a certain temperature. Fraudsters make use of this technique and get the account details for the purpose of exploitation.

Recently, a new technology has developed whereby secret information can be encrypted on “rewriteable paper” (coated with manganese-complex) with comparatively low-tech invisible ink- “water”. Preliminary, a message printed by a water-jet printer on such paper is invisible to naked eye, but easily reveals when exposed to 254nm UV light (short-wavelength). The paper can be reused after erasing the message by blowing hot air with a dryer for 15-30 seconds. Here, the print gets develop due to the photoluminescence responses of manganese-complex to water. This paper allows repeated secure printing for more than 25 cycles. More sophisticated approach for high security printing was achieved by coating the paper with phosphine ligands (molecules that can seize on to manganese in manganese halide salt solution ink) to form manganese complex. The print is invisible both under normal and UV light and can only be decrypted by “Photoluminescence Lifetime Imaging Microscope” (PLIM) (3). Using PLIM, the message shows in different colours of red, green, blue and yellow depending upon the emission lifetime.

Decipherment by Chemical reaction

This method of development is bit tricky as it is based upon the Acid-base reaction. In fact, majority of the invisible inks work using acid base (pH) indicator. To reveal the secret message, an acid or a base is sprayed over the suspected surface. Indicators like phenolphthalein and Thymolphthalein are used as an invisible ink which is colorless hence invisible on application, but with a base becomes blue and pink respectively.

Some studies have also revealed the sensitivity and stability of these invisible inks with respect to time and their concentration. These invisible inks can be developed over a range of period which can vary from few hours to days. It also varies with types of paper involved (4). Forgers make use of invisible inks composition according to their need in varied concentration so that the message reveals after some days instead of few minutes to hours.

Digital Invisible Ink Toolkit

Advancement in the field has led to the development of Digital Invisible Ink Toolkit, which works on several algorithms to decrypt information in significant sections of the image. It uses Sobel filter (operator available in Matlab or Python software) which works by estimating the difference in image intensities (from light to dark) at each pixel known as “edge detection” method (5). The rate of change in pixel values in a direction helps to decode the unusual area containing invisible writing.

Light sensitive Invisible Inks

Certain invisible inks fluoresce (glow) when exposed to light. The invention in the recent inks composition has led to a novel combination of light sensitive invisible ink which contains one or more chemicals which cannot be seen by naked eye, but shows fluorescence effect when exposed to far red or IR or UV light. These inks are used widespread in cheques, security and policy papers. The composition contains simple to complex fluorophore (complexed with polymeric materials). The combination includes highly sensitive far red or infrared fluorophore which otherwise is invisible to the naked eye and only reveals by FR/ IR light. Likewise, UV sensitive fluorophore or flourophoric compound are also used which illuminates by UV light. Most of the invisible writing becomes visible under UV light which gives characteristic fluorescence. These inks are often used in thermal printing.

The commonly available UV marker pen is mostly used by fraudsters. Such invisible ink is composed of at least one uncompleted invisible metal phthalocyanine fluorophore (0.0001-0.02% by weight) which absorbs light having wavelength range of about 670-720nm, water and at least one organic solvent as an ink vehicle (6).

Case study: Invisible ink has been used by many fraudsters to commit check fraud, as reported in the case of “Anindita Roy” where the fraudster (private bank loan agent) asked for two blank cheques, over which the word “cancelled” was written by Anindita with “volatile” ink pen (smartly offered by agent). Later, the word “cancelled” disappeared from the cheque and more than Rs 4 lakhs was withdrawn from Anindita’s account by using blank check signed by her (7).

Similarly, Latest TNPSC Group-IV exam scam was reported, where candidates used invisible inks pen to mark the answers.

CONCLUSION

With advancement in technologies, the criminal activities have also paced up rapidly. The forensic examiners encounter many such cases of invisible and disappearing inks in various fraudulent cases. The methods of development of these secret writings help the forensic examiners to deal with such criminal activities. Also, it becomes our responsibility as well to secure our valuable assets and be alert. This article has dealt with some advanced technologies and the role of invisible inks in criminal activities.

References

1.https://blog.findmysupplies.co.uk/the-story-of-invisible-ink/

2.https://pandapaperroll.com/thermal-paper-fades-restore/

3. https://www.eurekalert.org/pub_releases/2019-09/cp-spw091819.php

4.Sahu, M., and Hussain, SS., (2017), https://austinpublishinggroup.com/forensicscience-criminology/fulltext/ajfsc-v4-id1061.pdf

5.Disappearing cryptography: Information hiding: stenography and watermarking book by- Peter Wayner, Chapter- Life in the Noise

6.https://patents.google.com/patent/US6149719A/en

7.https://timesofindia.indiatimes.com/city/kolkata/Rs-4-lakh-fraud-with-vanishing-ink/articleshow/21011411.cms

 

Author :- Sonali Kesarwani, Intern at Legal Desire (2020)

Sonali is a Forensic enthusiast and a post graduate in Forensic Science. She has subsequent experience of case handling, working with comparison microscope, densitometer in CFSL, Chandigarh and RFSL, Dharmshala in Chemistry, Ballistics and other divisions of FS. She holds multiple cerification of National and International seminars. She has also gained experience of Crime Scene Investigation by working with Mobile Forensic Field Unit, Crime branch of Prayagraj. She aspires to build her career as a Lecturar and a Researcher.

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Several factors which can alter an effective range of Rifled Bullets https://legaldesire.com/several-factors-which-can-alter-an-effective-range-of-rifled-bullets/ https://legaldesire.com/several-factors-which-can-alter-an-effective-range-of-rifled-bullets/#respond Mon, 04 May 2020 06:55:55 +0000 https://legaldesire.com/?p=40815 In simpler words, Rifling refers to helical grooving to the inner bore or barrel; it is used to impart spin during shooting. This spin gives stability to the projectile by increasing its aerodynamic stability. At a close range, Rifles can shoot up to 6 ft. (2 meters) while an AK47 can fire maximum up to […]

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In simpler words, Rifling refers to helical grooving to the inner bore or barrel; it is used to impart spin during shooting. This spin gives stability to the projectile by increasing its aerodynamic stability. At a close range, Rifles can shoot up to 6 ft. (2 meters) while an AK47 can fire maximum up to 2,600 ft. (800 meters). This capacity of varying ranges is possible due to rifling. In comparison to smooth bored firearms, rifled firearms cover a greater distance quite efficiently because of rifling. There are several factors which are responsible to alter the effective range of rifled bullets; these factors are either from internal ballistics or external ballistics. When practically compared between the firearms having no rifling with one which has it is commonly observed that the projectile or bullet not only covers a greater distance but also gives higher target specificity.

Factor like propellant affects differently on a range of any type of ammunition. Various types of propellants like black powder, smokeless powder, single-base powder, double base or triple base powder have their capacity of firing at varying ranges. Another one is loading density; it materially affects the range and the aim of a shot. Higher loading densities are useful in attaining desired range. Shapes of cartridges play an important role in affecting the range at firing. The shape of a cartridge can determine how long a projectile can fly in the air. Rifling of the barrel is vital amongst factors affecting a range of firearms. Uneven rifling results into shortening of distance for projectile while even and proper rifling results in covering maximum distances. The backward push of rifle commonly known as recoil gives an alteration in direction to fire the shot resulting in earlier fall down of pellets. Sometimes this recoil causes bullet drop. When these all factors are placed in balance for comparison with smooth bored firearms, it is seen that smooth bored firearms lack behind in higher distance covering capacity. The hammer strikes the backside of the bullet, so the ejection of the projectile will take place, making it possible to cover greater distances, but can cause barrel fouling when the velocity of striking hammer increases. The velocity of the bullet while leaving the muzzle end is muzzle velocity. Muzzle velocity depends upon quality and quantity of the powder, barrel length, twist rate, bullet fit and dimensions of powder throat. Muzzle velocity determines the covering distance of projectile if it is lower than average can result in missing the target or earlier fall down of projectile. Factors like rifling and recoil give much more efficiency in range when a comparison is done with country-made firearms.  

Above explained are some of the internal ballistic factors while upcoming will be of external ballistics. We know that spin is an important factor to determine the range of a projectile. The spin of the bullet is its revolving around its longitudinal axis. Greater the spin, greater the distance, but spin has introduced drift. Drift is the sideway shift of the projectile from the plane of departure. It takes the direction of the spin. If the spin is towards right the projectile drifts towards the right and vice versa. Thus drift and spin is key factors affecting rifled ammunition’s range. Rifling of bullet imparts twist; Twist is the degree of turning, of the rifling. Twist gives stability but in excess leads to missing of the target. Structure of projectile is important in determining the efficiency of a range of projectile because certain shapes like curved headed or angled headed projectiles overcome air resistance better than others.

The efficiency of the projectile also depends upon sectional density. The greater is the sectional density, the greater is the efficiency. Air resistance is important too as it retards the velocity of the projectile. Greater the air resistance slower will be the projectile moving. Along with air resistance wind affects the motion of the projectile in its path. If the motion of the wind is in the same direction, it adds to the velocity of the projectile. If it is blowing against the projectile, it reduces the velocity. If it is blowing from any other side or at an angle, it not only changes the velocity of the projectile but also changes the direction of the projectile. The point of impact on the target is modified due to wind deflection.

Drag, the suction of bullet at the base of it. It slows down the velocity of the bullet, making it difficult to cover the desired distances. One force which every projectile has to overcome to fly is a gravitational force. Greater the gravitational pull smaller will be distance covered. Even the gravitational force can create bullet drop meaning sudden fall down of projectile. Imparting of spin or rifling is a key factor to escape Gravitational pull. Ballistics coefficient is a coefficient that determines the ability to overcome air resistance in flight. It also measures how streamlined a bullet is. Larger the ballistics coefficient better the bullet retaining its velocity and its capacity to overcome a bullet drop.

One of the important comparisons anyone do is between rifled and smooth a bored firearm, which indeed needs to be done for studying the ranges, covering distances, greater aim specificity, etc. When we talk about the factors like spin and drift which is only present in rifled projectiles then we understand that these factors have a vital role in providing stability to fired shots. Speaking in layman’s language, it is necessary to have rifling due to higher target specificity which is lacking in country-made firearms. These country-made firearms are consisting of no rifling and prior knowledge of production, mostly resulting into barrel fouling, bursting of the bullet inside a barrel, creating an excess of pressure causing irreversible injuries to the human body like permanent damage to palm and fingers, loss of an arm and when kept close to face causing facial injuries.

Author :- Swaroop Sonone, Intern at Legal Desire (2020)

Dedicated and ambitious towards gaining Forensic intelligence wherever possible. Master’s Degree appearing Forensic Science student, with a capacity to convey forensic knowledge to a layman in simple language. Has an interest in Digital and Cyber Forensics, Forensic Psychology and Forensic Physics. Has handled instruments like FT-IR, UV-Visible Spectroscopy and Digital Forensic tools like Encase, OS Forensic, etc. Studying and working about Secret writing, DNA extraction techniques and Legal aspects of Forensic in Courtroom.

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