• Will dispute - detail of laboratories and forensic expert

I am seeking information about established forensic laboratories in India that are officially recognized by the courts and offer ink age determination tests on paper. I require a minimum of five laboratory names.

I also need the copies of court rulings where the court accepted laboratory reports that scientifically established the age of ink on paper.
Asked 2 years ago in Property Law
Religion: Hindu

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7 Answers

There are seven central forensic laboratories in India, at Hyderabad, Kolkata, Chandigarh, New Delhi, Guwahati, Bhopal and Pune. CFSL Hyderabad is a centre of excellence in chemical sciences

 

2) 

The Constitutional Bench of Hon'ble Supreme Court in case Union of India v. Jyoti Prakash Mitter, AIR 1971 SC 1093, elaborately dealt with this issue and laid down as under :-

"10. After consultations between the Ministry of Home Affairs and the Ministry of Law, the Home Ministry sent certain old writings of the year 1904, 1949, 1950 and 1959, and requested the Director to determine the age of the writing of the disputed horoscope and marginal note in the almanac by comparison. The Director on April 17, 1965 wrote that it "was impossible to give any definite opinion by such comparisons particularly when the comparison writings were not made with the same ink on similar paper and not stored under the same conditions as the documents under examination", and that it "will not be possible for a document expert, however reputed he might be, anywhere in the world, to give any definite opinion on the probable date of the horoscope and the ink writing in the margin of the almanac"

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

In case Tarsem Singh v. Ravinder Singh 2014(11) RCR (Civil) 2112, rajasthan high Court has again reiterated that there is no scientific method available for determine the age of the ink. In case S. Gopal v. D. Balachandran 2008(2) RCR (Criminal) 466, the Hon'ble Madras High Court has taken the same view and laid down that the age of the ink cannot be determined by an expert with scientific accuracy. The same legal position has been reiterated in cases R. Dennis Raja v. T. Subbiah 2012 (3) RCR (Criminal) 212, K. Vaiavan v. Selvaraj 2012(4) RCR (Criminal) 942 and Vinod Maroti v. Jitendra 2015 ACD 198 : Law Finder Doc Id # 529385.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Client,

Forensic Analysis of Ink:

Forensic laboratories can analyze ink to determine certain characteristics such as its composition, color, chemical properties, and aging patterns. Techniques like Thin-Layer Chromatography (TLC), Gas Chromatography-Mass Spectrometry (GC-MS), and Fourier Transform Infrared Spectroscopy (FTIR) can be used to analyze ink samples.

 

Aging of Ink:

The aging of ink on paper can be influenced by factors like exposure to light, humidity, temperature, and chemical interactions. However, accurately determining the exact age of ink, especially over long periods, can be challenging.

 

Availability of Techniques:

Forensic analysis of ink is available in both government and private forensic laboratories in many countries, including India. However, the extent of capabilities can vary between labs.

Legal Proceedings and Forensic Evidence:

In legal proceedings, forensic evidence, including ink analysis, can be presented to the court to support a case. However, it's important to note that forensic analysis is not always definitive and might provide only probabilities or indications. The court considers all available evidence, including expert opinions, when making decisions.

Consult with Forensic Experts:

If you have concerns about the authenticity of a document or signature, you should consult with a forensic expert who specializes in ink analysis. They can provide insights into the feasibility of analyzing the ink's age and the potential significance of such analysis in your specific case.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

There are six Central Forensic Science Laboratories (CFSLs) in India under the control of the Directorate of Forensic Science Services (DFSS), MHA, GOI and one CFSL under Central Bureau of Investigation (CBI) besides 29 State FSL in each state with some having Regional and District FSLs.
Truth Labs, the first independent forensic science laboratory in India, has been rendering a wide range of forensic analytical and field investigation services for the last 12 years. Currently, Truth Labs is operating from its 6 metropolitan offices located in Hyderabad, Delhi, Mumbai, Chennai, Bangalore and Kolkata.

 

In A. Sivagnana Pandian vs M. Ravichandran on 23 December, 2010 of Mdras High court it was held that 

The expression that there is no scientific method available anywhere in the country or State, more particularly in the Forensic Science Department for scientific assessment of the age of handwriting to offer opinion is far from acceptance. A careful survey of the above authorities would unveil a fact that settled plans of actions for experiments are very much available and when one steps into such experiments, there is further scope for upswing in the technology. It is bounden duty of the official concerned to follow the procedures.

It was even note  that even anterior to 1964, in a decision rendered by the Supreme Court, in Shashi kumar Banerjee's Case, before the trial Court, the expert had stated that the determination of the age could be ascertained definitely by a chemical test. It reveals that even prior to 1964, chemical tests were in application to find out age of ink. Now, the science in this branch has prospered to considerable dimensions and it cannot hereafter be contended that it is not possible to ascertain the age of the ink by scientific method and exact result could not be secured. The scientists/experts should appear before the Courts with opinionated evidence in this regard, on their successful accomplishment of this assignment.

In furtherance, it was held that:

29. Adverting to the facts of the present case, since various scientific avenues are available for finding out the age of the ink in a document, it must be subjected to tests as suggested by various scientists. I follow the ratio in the decisions in Kalyani Baskar's case and T.Nagappa's case above, and direct to refer the disputed document to such examination in order to provide an opportunity to the accused, when a good material is available, to rebut the presumption as per law, by non-destructive method in this regard.(Emphasis supplied).

30. If the expert concerned considers that such examination would destruct a part of the document or the document itself, they may report the fact before the Court and the Court thereafter shall pass further orders for the proof of the facts on the basis of pleadings and other evidence. Latching the opportunity to the accused in the attempt at the stage of rebutting the presumption under Section 118(a) and 139 of the Negotiable Instruments Act is not at all "fair trial". As per the settled law, every opportunity shall be extended to the accused to establish his defence.

31. In this situation, it is also regarded that it is the view of the Supreme Court that some delay in taking steps for referring the document to the wisdom of the expert cannot be a legal embargo for entertaining the plea.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Labbala Sundara Rao Chowdary vs Voona Ramachandra Gupta on 8 November, 2019 of AP high court at Amravati, it was held that :

C. R. P. No.2646 of 2019 Expert to the Andhra Pradesh Forensic Science Laboratory, Hyderabad, to ascertain the age of the ink. The said petition was allowed by the learned Judge by his order dated 29.08.2017. However, the said document was returned by the A.P. Forensic Science Laboratory on the ground that the age of ink cannot be ascertained in their laboratory. Therefore, the petitioner has again filed present petition requesting the Court to send Ex.A-1 promissory note to the Truth Labs and Truth Finders, Hyderabad, to ascertain the age of the ink and to submit its report. The said petition was dismissed by the learned Judge by the impugned order on the ground that when the Court allowed the petition in I.A.No.480 of 2017 earlier and sent Ex.A-1 promissory note to the Government Expert that the Court received a letter dated 30.10.2017 from the Forensic Science Laboratory, Hyderabad that it is not possible to ascertain the age of the ink of writings and signatures and as such, there are no grounds to again send Ex.A-1 promissory note to private expert for the same purpose.

Learned counsel for the petitioner-defendant would submit that as there are no sufficient facilities in A.P. Forensic Science Laboratory, Hyderabad, that they have returned Ex.A-1 promissory note stating that the age of ink cannot be ascertained on it in their laboratory. However, the Truth Labs and Truth Finders, Hyderabad have the necessary facilities in their laboratory along with the experts on the said subject and the age of ink can be ascertained in the said Lab. In support of his contention, he relied on the judgment of the Punjab and Haryana High Court rendered in the case of Ram Kishan Fauji v. State of Haryana1 to show that Truth Lab is an ISO certified company and even recommended by several governmental organizations. Therefore, he would contend that mere fact that when the Court has sent the document for examination to Forensic Science Laboratory, Hyderabad by its earlier order that it was returned on the ground that there is no possibility to ascertain the age of ink, cannot be a valid ground to dismiss the second petition filed by the petitioner to send the same to the Truth Labs and Truth Finders, Hyderabad which have the necessary facilities along with the experts on the subject to ascertain the age of ink. Therefore, he prays to set aside the impugned order and allow the present petition.

 

Learned counsel for the defendant has assailed the said findings as discussed supra on the grounds that there are no adequate facilities in the said laboratory to ascertain the age of ink that they have returned the said document and since the Truth Labs and Truth Finders, Hyderabad, which is an ISO certified company, are equipped with the necessary facilities along with experts on the subject that the same can be ascertained in the said lab.

 

Therefore, as the trial Court has already come to a conclusion in its earlier order passed in I.A.No.480 of 2017 that as requested by the defendant that the document i.e. Ex.A-1 promissory note is to be sent to the expert for examination to ascertain the age of the ink, the second application filed by him to send the said Ex.A-1 promissory note to another lab i.e. the Truth Labs and Truth Finders, Hyderabad, which is equipped with the necessary facilities and experts on the subject, to ascertain the age of the ink CMR,J.

C. R. P. No.2646 of 2019 ought not to have been rejected. Ultimately, the object of sending the said document for examination to ascertain the age of ink is to appreciate the rival contentions of both the parties in the Suit and to find out whether Ex.A-1 promissory note is genuine or not. Therefore, in the facts and circumstances of the case, this Court is of the considered view that the impugned order is clearly unsustainable.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You have already stated it below and other govt laboratories are also recognised 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- You can move an application before the court for sending the Will for calling a report from the laboratories and forensic expert , before the same court where the petition is pending . 

- Further, as the central forensic labs of India having no such facilities , then you can get the test report from a private labs after getting permission of the court. 

- All the rulings are against the ink age determination 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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