1. Principle of Individuality and Uniqueness.
According to this principle no objects in this universe are exactly the same and identical. Every object is unique in itself. Anything and everything involved in a crime is unique. Law Enforcement officials link the unique feature of a crime to a particular suspect. There exist two important applications of the principle relating to identification and distinction.
Evidence act 2031, Section 3 states that the court may examine evidence on the fact in use which is to be decided by it and the relevant fact thereof.
The importance of this principle can be examined with a proper connection of section 8 (2 a,b,c,d) of Muluki Criminal Procedure(Code) Act 2074 with the provision mentioned in Section 22 of Evidence Act 2031.
A. Criminal Procedure (Code) Act 2074:
Section 8: Collection of proof and evidence upon making investigation
Section 8(2):The investigating authority shall prepare a deed on the scene of crime containing the following matters in such manner as to demonstrate the actual description of the offense and the place where the offense was committed:
(a) The date and time when the offense was committed,
(b) The address, description and sketch of the place where the offense was committed,
(c) The circumstance of such a place and its connection with the offense or offender,
(d) The exhibits or evidence found at or around the place where the offense was committed, and any other significant matters related to the offense.
B. Evidence Act 2031 B.S.
Section 22: Material (Dashi) Evidence: Any material or object related to the case and identified by the witness before the court may be taken as evidence.
2.Principle of Exchange (Lockard's Principle).
According to Lockard, when two objects come into contact with each other there is exchange of certain particles in between them no matter how minor the exchanges are.
For example:- In Hit and Run cases, the blood of the victim is transferred in that part of the vehicle which hits the victims. And the skin and clothes may be found on the vehicle parts.
3.Principle of comparison.
This principle believes that comparison can be done only between two similar objects and there is no use of comparing testing to different objects which are entirely different in nature. The comparison is done for the differentiation.
Signature can be compared with signature only, there is no need to compare signature with the writing or blood as an evidence. Also no comparison can be done between fingerprint and shoe print.
4.Principle of progressive change.
This principle believes that every object changes its nature in a course of time and nothing is permanent except the change itself. The character of any object does not remain strictly permanent, it is always being modified under the impact of outward changes taking place in its surrounding.
5. Principle of Reliability.
According to this principle forensic evidence is reliable for the courts because they are based on science and whenever they are tested the result is the same. For example: DNA examination done in any part of the country, the result will be the same
The results of the taste are similar and can be relied upon. It has following nature:-
- Accuracy
- Consistency
- Predictability
- Stability
The principle and its application can be examined in the following matter:-
- Number of offenders.
- Amount of planning before a crime.
- Selection of offense location.
- Route taken of location of offense.
- Pre offense surveillance of a crime scene or victim.
- Involvement of a victim during a crime.
- Items taken from the victim or crime scene.
- Method of transportation to and from crime scenes.
- Nature and extent of injury to the victim.
- Method of killing the victim’s clothing and victim's body.
CASES : Decision Number :- 7788 & 3965
