INTRODUCTION
The conviction of a criminal is based on several evidence. One of the prominent and undisputable categories of evidence is forensics. Forensic science is the application of scientific methods to retrieve evidence that can be presented in a court of law.
Forensic entomology is a branch of forensic science that deals with insect activities linked to crime scenes. These tiny arthropods, retrieved from the crime scene, hold all the necessary information to solve a crime.[1] Insect activities on the cadaver and the surrounding environment help in determining the post-mortem interval (‘PMI’), the exact geographical location where the death occurred, possibilities of transportation of the body, identifying possible suspects, as well as determining the cause of death.[2]
This blog outlines the relevance and importance of proper forensic entomological study in solving crimes in India.
HISTORY
The first documented case solved through the study of entomology can be traced back to 13th-century China.[3] Sung Tz’u – a death investigator, asked the possible suspects of murder to bring their weapons and place them in an open location. The sickle that was used to kill attracted insect activity on the blood and tissue traces left, thus confirming the identity of the person who committed the murder.[4] He went on to note his findings in his book titled “Washing Away of Wrongs.”
Even after this discovery, it was centuries before the courts started relying on the entomological aspect of forensic science as evidence. The first time a court of law relied on the determination of PMI was in 1850 for a child found in a chimney in France.[5]
In the Indian context, the earliest efforts to incorporate entomology into forensic science can be traced back to 1889, when a study was released by Mackenzie in the Indian Medical Gazette in 1889. He extensively recorded his observations on the appearance of maggots and eggs to determine the time of death. Unfortunately, forensic entomology is a field of forensic science that is often neglected as law enforcement personnel do not understand the significance of the use of insect activity in the determination of culprits.
THE SIGNIFICANCE OF FORENSIC ENTOMOLOGY IN THE INVESTIGATION OF A CRIME
Reliance on biological evidence, such as fingerprints, rigour mortis, and bodily fluids, will only be helpful within the first 36 to 48 hours of death. It is not always the case that a body is found within this prescribed period. There have been instances where bodies are found after a great length of time where the decomposition has gone beyond the normal standards of recognition.
That’s when the role of forensic entomologists comes into play. They track insect activities in and around the cadaver because criminals can alter the crime scene, but the study of insect activity is based on scientific facts and cannot be disputed. They can help in the estimation of PMI.[6]
For instance, insect activity helps us to determine if the body has been moved post-death by detecting the activity of insects that are native to the location where the crime had initially occurred. This will help determine the scene of the crime.[7]
There might be instances where the killer returns to disturb the body and taint the crime scene before Forensic Science Experts have properly contained it, but insect activity is inevitable as they are attracted to any surface on which it can feed. Identification of the killer can be attributed to these insects and carrion animals present. It is the common tendency of insects to lay eggs in open wounds where the environment is nutritious and moist. This makes the cause of death easily determinable.
Insects can, moreover, be used to determine the toxins used to kill a person. This area is known as Entomo-toxicology.[8] There might be cases where, due to the period and the environmental cause, the toxins remain undetectable in the body of the victim, but the same can be found in the insects or the carrion animals as they have already fed on the flesh of the victim.
CHALLENGES TO SUBMISSION OF ENTOMOLOGICAL EVIDENCE AS PART OF EVIDENCE
In the case of Immadabathuni Nagendramma and Ors v. State of Andhra Pradesh,[9], the theory of criminalistics and forensics were discussed in detail, wherein it was laid out that the term forensic science encompasses a variety of scientific disciplines, entomology being included within the same. The contention here is that even though the High Court has recognised the prevalence of entomology in Forensic Science, it is still overlooked at the time of investigation and collection of evidence.
The case of M. Sakthivel v. The State by Inspector of Police, Yercaud Police Stattion, Salem District,[10] is a prime example of the negligence shown to the entomological evidence. In this case, the maggots crawling over the cadaver were not collected, and the contention of time of death was raised. This leads to the acquittal of the suspect. The Hon’ble High Court itself laid down in its judgement that special emphasis must be given to the entomological data collected to prevent any inadequacies in the investigation.
In criminal law especially, conviction is only granted when it is proved beyond a reasonable doubt that the suspect committed the crime. This also includes adherence to the correct procedures as set out in a collection of evidence.
In India, it is more often witnessed that the collection of evidence occurs recklessly, rendering the evidence inadmissible on the grounds of being contaminated or tampered with. Insect activity are often overlooked as they are considered an eyesore or unpleasant and are usually not collected as part of the evidence. Only when foul play is detected in a case they return to the scene of the crime to collect further evidence, the insects, by then, would have often migrated, or other natural causes would have already interfered.
A CASE STUDY ON HOW FORENSIC ENTOMOLOGY HELPED IN PROVING INNOCENCE
Kristin Blaise Lobato was 18 years old when she was convicted for the gruesome murder of a homeless man who was stabbed and slashed multiple times, including his penis being severed off. [11] The police in 2001 convicted Ms Lobato because she had a prior incident of using self-defence to protect herself from being raped, in which she had targeted the penis of her assailant. Just based on this prior history and an insufficient report submitted by the pathologist, Ms. Lobato was sentenced to prison.
Sixteen years later, when the forensic entomology reports were looked into, it was found that insect activity was absent, meaning that the time of death deduced was not the actual time and that Ms Lobato had an air-tight alibi for the newly estimated time.
Due to this initiative taken up by the Innocence Project and the absence of insect activity, Ms Lobato was a free woman, and all charges against her were dismissed. This shows the accuracy and the reliance that can be placed on forensic entomological evidence.
CONCLUSION
It is indisputable that forensic entomology has been a novel and accurate instrument in solving crimes. To ensure its effective functioning, the main criterion that needs to be adhered to is the appropriate collection of insect activity at the crime scene. As stated in M. Sakthivel v. The State by Inspector of Police, Yercaud Police Stattion, Salem District, the approach to forensic entomology must be revamped, the law enforcement personnel need to be taught to change their mindset about insect activity and adhere to the proper protocols.
One of the possible solutions to the proper collection of entomological evidence can be to send forensic entomologists to the field to collect the samples that will be relevant to the case by themselves rather than depending on the cogent thinking of the police.
The use of forensic entomological evidence is useless without the proper equipment. India, especially, is way behind other countries when it comes to incorporating forensic entomology within the scope of investigation. This can be solved by making forensic entomology an entire branch of study in itself. In India, especially with the variety of anthropoids that we possess, the Ministry of Education must take the initiative to provide a separate branch of study for the same.
Author(s) Name: Suchitra S Menon (Symbiosis Law School, Noida)
Reference(s):
[1] Isaac Joseph Et. al., ‘The use of insects in forensic investigations: An overview on the scope of forensic entomology’ [2011] J FORENSIC DENT SCI. 89, 90-91.
[2] Sanjay Kumar Meena, Et. al., ‘A Review on Forensic Entomology’ [2020] NJESR 56, 59-60.
[3] M Benecke, A brief history of forensic entomology, Forensic Sci Int, 1 (2001).
[4] Appala Raju, ‘Forensic Entomology – Insect Role in Criminal and Civil Laws’ [2019] Int J Curr Microbiol App Sci 2479, 2479-2483.
[5] Supra, 3.
[6] Ruchi Sharma, Et. al, ‘Various methods for the estimation of the post mortem interval from Calliphoridae: A review’ [2015], Egypt J Forensic Sci, 1-12.
[7] Lena Lutz Et. al, ‘It is all about the insects: a retrospective on 20 years of forensic entomology highlights the importance of insects in legal investigations’ [2021] Int J Legal Med., 2637, 2638-2651.
[8] A Sharma, ‘Entomotoxicology – A Juvenile Branch of Forensic Entomological Studies’ [2018] Research J Pharm and Tech, 65-72.
[9] Immadabathuni Nagendramma and Ors v. State of Andhra Pradesh [2021] 1 HLT 129.
[10] M. Sakthivel v. The State by Inspector of Police, Yercaud Police Stattion, Salem District [2016] 1 LW (Cri) 453.
[11] Innocence Project, ‘Kirstin Blaise Lobato’ (Innocence Project 2017) <https://innocenceproject.org/cases/kirstin-blaise-lobato/> assessed 11 July 2024
