1.2 Criminal Cases
- Identification of accused in criminal cases of assault, murder, dacoity, sexual offenses
- Absconding soldiers
- Interchange of new born babies in hospital
- Criminal abortion
- To fix up age of criminal responsibility and majority
- Impersonation in criminal cases (Bardale, 2011)
2. In Dead:
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The need to identify the dead is obvious for social and medico-legal purposes. It is required in cases of natural mass disasters like earth quakes, tsunamis, landslides, floods etc., and in man-made disasters like bomb explosions, fire, air crash, building collapse, railway accidents or bodies recovered from sea, rivers, canals, wells and in cases when the body is highly decomposed or dismembered to deliberately conceal the identity of the individual (Modi, 2011).
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Medico legal Aspects of Identity
Identification of living is usually carried out by the police. However, where medical knowledge is required for elucidation of disputed facts, a medical examiner may be consulted. A medical person is mainly concerned with the identification of dead bodies. Accurate identification is mandatory for the establishment of corpus Delicti after homicide since unclaimed bodies, portions of dead body or bones are sometimes brought to the doctor to support a false charge.
The term ‘Corpus Delicti’ means the body of offence or the body of crime. In a charge of homicide it includes:
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(a) Positive identification of the dead body (victim) and
(b) Proof of its death by criminal act of the accused.
Experts who are involved in personal identification may include: pathologists, physicians, dentists, anatomists, physical anthropologists, and experts in evaluation of various traces.
The interest of the community in the scene of death, after the discovery of remains or after a mass disaster, is often overwhelming. The disturbance of scene by curiosity seekers or by ill-trained police personnel may preclude not only accurate identification of bodies but also complete collection of physical evidence. This invites the “Law of Multiplicity of Evidences’ to play its role wherever called for. The Supreme Court has laid down that in law, a conviction, for an offence does not necessarily depend upon the ‘Corpus Delicti’ being proved. The cases may be conceivable where the discovery of the dead body, from the very nature of the case, is impossible. Therefore, it may be said that the existence of the dead body of the victim is no doubt a proof positive of death but its absence not fatal to the trial of the accused for the homicide. Indeed, any other view would place in the hands of the accused an incentive to destroy the body after committing murder and thus secure immunity for his crime (Vij, 2008).
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Category: WHO
