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Questioned Document.pptx

  1. QUESTIONED DOCUMENT Presented By, Mr. Bhupeshkumar Nanhe Assistant Professor, Dept. of Forensic Science, SoS, JECRC University, Jaipur, RJ, India
  2. Few Definitions… ►Document (Under Sec 29 IPC ) is defined “ as any matter expressed or described upon any substance by means of letters , figures or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter”.
  3. ►Questioned Document is one in which document in its entirely or in part is subject to question as to authenticity and/ origin or any document who’s authenticity is in doubt.
  4. Domains of Questioned Document Handwriting Verification Signature verification Secret writing Indented writing Age Of Ink Sequence of strokes Alterations in document Counterfeit Currency Typewriters and printers Charred Documents
  5. Cases in Questioned Document ► Bank frauds involving cheques, policies, bank accounts etc. ► Deeds, agreements, Property papers. ► Suicide cases , Murder cases , Kidnapping cases. ► Counterfeiting currency, stamp papers ► Threatening/ Ransom letters , Anonymous/ Abuse letters ► Forgery /Counterfeiting
  6. HANDWRITING ⮚ It is a product of neuromuscular activity which follows a pattern acquired by a person during his course of life which is highly individualistic to that person. ⮚ Handwriting of a person in his writing , may be alphabets, words, digits or figures written in some script.
  7. ⮚ The usual material is paper but it can be other material such as wooden thin plank pieces or stone slates, plastic sheets , glass sheet, cloth pieces, walls, rocks , etc. ⮚ Writing is a complex process and needs lot of efforts and practice to learn and to perfect it. However , once the skill is acquired, the normal writing becomes an automatic sub-conscious act. The brain initiates the process and body parts : The fingers, hand , wrist and forearm execute it.
  8. HANDWRITING FORENSICS ►The word ‘Forensic’ means pertaining to law. ►‘Handwriting forensics’ is relating to issues involving evaluation of disputed handwriting. The concerned parties claim and counter claim for the valid or forged nature of writings on the disputed documents. ►It uses scientific tools and techniques to evaluate the handwriting, which provides evidence about the genuine or forged nature of the disputed writing.
  9. LEARNING PROCESS ► Scribbling/Drawing: A Permanent record or picture of their ideas is created by scribbling with usually crayons or pencil on unlined paper or many times on walls, floors etc. ► Letter like forms and shapes: They try to include some shapes, symbols and other figures in their writings.
  10. ► Cursive Writing/ Copy book form: He doesn’t have handwriting of his own because he is creating artistic representation by learning the cursive/copy book form . ► Letter /Spaces: Now the child points on each word on page while reading and slowly tends to write in his own way.
  11. ► Gradually he gets better by remembering letter formations and now draws them by memory . This is where variations comes and he makes his own way of writing alphabets creating his own master pattern .
  12. Classification of handwriting Artistic handwriting Tremulous Handwriting
  13. Detached form
  14. Principles of Handwriting ► No two writers can write exactly alike. ► If deterioration is seen, it is seen throughout the document and not just in one specific area. ► A writer cannot exceed his maximum writing ability or the skill without serious effort or training applied over a period of time. ► Attempted disguise always leads to an inferior quality. ► Natural Variations are part of a persons handwriting.
  15. Factors affecting Handwriting ►Extrinsic: Physiological constraints, circumstantial, literacy and education, imitation, surface and texture of writing surface, type of pen, available spacing, physical environment, etc. ►Intrinsic: Physical health, muscular control and co-ordination, age, mental health, nervous temperament, temporal states/ substance abuse, genetic factors, etc.
  16. CHARACTERISTICS OF HANDWRITING Class Characteristics :The characters that are common to a group of people are called as class characteristics. ► Serve just to narrow the comparison when comparing a questioned document to standard writing systems. Individual Characteristics : These characters that are highly specific to an individual . ► The combination of various individual characteristics forms his/her MASTERN PATTERN.
  17. Class Characteristics SKILL : A skill of a writer is how a person writes without any external support . It can be clumsy, artistic, forceful etc. High Skilled Writing
  18. ► SLANT /SLOPE : Angle made by the characters with the baseline/ imaginary baseline. The Slant can be forward , backward or vertical .
  19. ► SPACING : It includes spacing between two letters, two words , two lines and two paragraphs. ► SPEED : It is how fast or slow a person writes. It can be fast , medium and slow . ► SIZE: It is the size of letters/characters . It can be large , medium and small. ► SHADING: It is usually observed in fountain pen . The more pressure applied thicker will be the stroke. ► RHYTHM: How fluently a person writes. ► ALIGNMENT: The arrangement of characters with respect to the baseline. It can be descending , ascending
  20. ► LINE QUALITY :It is the degree of connectivity/uniformity of strokes. In genuine writings, the line quality is smooth whereas in forged it has frequent pen pauses, pen lifts, retouchting etc.
  21. ► MOVEMENT :It can be finger movement(Detached form). Wrist movement ( Curvatures in writing) Forearm : (Doctor’s writing) Whole arm :( While writing on Blackboard ) ► PEN PAUSE ► PEN LIFT ► PEN PRESSURE ► PICTORIAL EFFECT
  22. Individual Characteristics ► Commencement of Strokes ► Retracing ► Shape and size of dot , bars ► Profanity ► Misspellings ► Paragraphing ► Punctuation marks ► Abbreviations ► Headings / Highlighting
  23. Forgery ► Section 463 IPC: “Whoever makes any false documents or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.”
  24. ►Making of a false document or part of a document dishonestly or fraudulently to support any claim or title .
  25. Types of Forgery Simulated Forgery Traced Forgery Transplanted forgery Tricked Spurious Free hand Copie d Carbon Tracing Transmitted Indented Projector
  26. Disguise Writings ► The word Guise means external appearance. Disguise means modification of external appearance to conceal the real original appearance (Identity ) of the entity. ► Also known as Self forgery / Auto forgery. Methods/Ways of disguising : ► Altered Writing Style ► Changed pictorial effect ► Altered Slant ► Change in Size ► Change in letter design ► Spacing ► Embellishment ► SMS Language is used ► Speed
  27. Collection of samples ► Two types (Specimen/ Requested/Admitted and Questioned/Doubtful) ► Adequate material: All letters present in questioned are compared. ► Collected under section 73 IEA (Comparison of signature , writing or seal with others admitted or proved). ► Time period ► Authentic documents ► Same script
  28. Ideal conditions ► Maximum number of admitted samples written ► Within same time period ► Having reliable source ► Same writing instrument ► Same mental and physical condition
  29. Marking a document ⮚ Questioned: Encircled and marked as Q1, Q2, Q3,…. ⮚ Standard: Encircled and marked as S1, S2, S3,…. ⮚ Marking distinctively: segregating disputed portion of text from the total document.
  30. Instrumental examination ►BASIC INSTRUMENTS : ❑ Ruler ❑ Protractor ❑ Handheld Magnifier
  31. ►INTERMEDIATE INSTRUMENTS : ❑ Scanner ❑ Printer
  32. ►ADVANCED INSTRUMENTS ❑VSC (Video Spectral Comparator) ❑ESDA (Electrostatic Detection Apparatus)
  34. Care and Handling a document ► The document when questioned about its genuineness, it should be handled and cared for in a manner that will not impair in the slightest degree its value as evidence. ► Should be preserved in the condition exactly it was in when first suspected. ► Should not be cut, torn or in any manner mutilated in the slightest degree. ► Should not be touched with an eraser, pen, pencil or any sharp instrument. ► Should not be folded in any new places. Avoid unnecessary folding and unfolding. ► No chemicals to be applied without prior permission. ► Do not mark on questioned documents with instruments of any sorts. ► Should not come in contact with any sharp measuring instruments (dividers). ► Should not be exposed to moisture, strong sunlight or left out in air uncovered. ► Should never be carried in the pockets to avoid getting affected by bodily heat or moisture, sweat, or getting worn, wrinkled, soiled, etc.
  35. Problems faced by Forensic Document Examiner ► Lack of Forensic Knowledge amongst non-forensic people. ► Short sample size and length ► Unavailability of original documents ► Unavailability of ink data base ► Comparison of handwriting from different languages
  36. Few laws and Sections related to Questioned Document. ►IPC (Indian Penal Code) : ❑ Sec 29 Document ❑ Sec 463 Forgery ❑ 489A :Counterfeiting currency notes or bank notes ❑ 489B: Using as genuine , forged or counterfeit currency or bank notes ❑ 489C: Possession of forged or counterfeit currency or bank notes ❑ 489D:Making or possessing instruments or materials for forgoing or counterfeiting currency notes or bank notes. ❑ 489E : Making or using documents resembling currency notes or bank notes.
  37. CrPC (Criminal Procedure Court) : ❑ Sec 292: Evidence of Officers of Mint IEA (Indian Evidence Act): ❑ Sec45 : Expert Witness ❑ Sec 46:Facts bearing upon opinion of experts ❑ Sec 47 :Opinion as to handwriting when relevant ❑ Sec 137 : Examination in chief ❑ Sec 138 : Order of examination