This article is written by Priyal Jain, a student of Amity Law School, Noida. This article will tell the readers about chain of custody, its importance in trials, and the procedure to establish an unbroken chain of custody.
It has been published by Rachit Garg.
Table of Contents
Introduction
In all cases, civil or criminal, presenting of the authenticated evidence before the court plays an important role in determining the decision of the case. In order to keep the evidence in its true and correct form, the term ‘chain of custody’ is brought into light. Chain of custody, in a layman language means the sequence or the order of procedures which any evidence collected by the police, has to go through in order to maintain its authenticity. It is the prosecutor who has the burden of proof in the court to present and prove the correct chain of custody. However, the aim of the defence is to find loopholes or violations in the chain of custody presented by the prosecution.
What is chain of custody
Chain of custody is a legal term, which refers to the chronological sequence in which the items of evidence are to be handled for the successful investigation of a case. It must be proved in the court that the evidence is handled through the correct chain of custody, and only then will the evidence be admissible in the court of law. The chain of custody tells who has collected the evidence from the crime scene (or anywhere else), who has handled it, who analysed and transferred the evidence, and where the evidence was stored. All the physical or electronic evidence is included here. Some common types of evidence includes-
- Blood
- DNA samples (fingerprints, footprints)
- Documents
- Photographs
- Videos
- E-mails, text messages
- Internet history
If any of the evidence is brought to the court, and has undergone a broken chain of custody, the evidence cannot be presented in the court of law. The chain of custody must always be maintained by identified persons, who have the authority by law to possess the evidence such as police officers, forensic experts, evidence technicians, officers of the court, etc.
Chain of custody must be maintained in-
- Criminal investigation
- Civil litigation
- Dope testing of athletes
- Clinical trials
- Violence and abuse cases
- Fields of history, art collection
- Postal services
- Research if animals are ethically raised or not
- Seizure of prohibited substance
- Seizure of money, gold ornaments or other valuables by income tax, customs or revenue departments
- Testing of food products
- Firearms injuries
Why is it important to maintain chain of custody
Chain of custody begins from the crime scene itself, and continues till the evidence is presented in the court. Chain of custody exists to ensure full transparency of the process of how an evidence is collected, handled and stored. It is of the utmost importance in a case to maintain each and every record of the evidence from the date of collection to the date of presentation before the court, because if even any one entry is missed, the evidence will become inadmissible in the court and non presentation of even one evidence can assuredly affect the decision given by the court. A broken chain of custody can result in failure to serve justice. A paper trail must be maintained so that people in- charge of the evidence can at any moment be quickly identified and called upon to testify during a trial if necessary. When a proper chain of custody is maintained, it prevents the police officials and other lab or law officers to tamper the evidence, as the record of who collected the evidence, who handled it, period of guardianship of the evidence, safeguarding conditions while storing the evidence, and how an evidence is handed over to the subsequent custodians each time a transfer takes place, and through this record if any evidence is tampered it can be easily traced as to who played with the evidence and can thus be punished for the same. The chain of custody helps in maintaining the integrity and authenticity of the evidence by careful and cautious handling of the evidence.
In the case of Mukesh and Ors. v. State (NCT of Delhi) and ors, (2017) the Supreme Court said that a DNA sample is admissible in the court only when it is proved that there is no error in sampling and the sample is not tampered.
In the much controversial O.J. Simpson murder trial case in the 1990s, there was an improper handling of evidence and a broken chain of custody.
Role of police in maintaining a chain of custody
It is the duty of the police officials to maintain an unbroken chain of custody for the successful trial of a case. The duty of the police officers commences from:
- Collecting the evidence from the crime scene.
- Keeping the evidence collected safe in sealed bags with unique identification numbers.
- Examining the evidence collected.
- Be responsible if the evidence is transferred to another specialist for examination or analysis.
- Handle all the transfers of the evidence taking place.
- Maintaining the record of every procedure which the evidence is handled through.
- Presenting the evidence with all authenticated records before the court.
If there appears to be a broken chain of custody, or if any evidence is found tampered, in such a case the police officers who are entrusted with the responsibility of keeping the evidence safe are questioned and the outcome of the trial is also affected. So, maintaining a proper chain of custody is a very crucial responsibility and the police officers must perform this responsibility with the utmost vigilance.
Chain of digital evidence
Due to advancement in technology, nowadays digital evidence has also become an important part of the legal proceedings, apart from physical evidence. Digital evidence includes text messages, photographs, videos, information stored in hard drives, internet history, and many more.
In the case of State vs. Mohd. Afzal and Ors. (2003), the Delhi High Court said that computer generated electronic records are considered as evidence, and are admissible in a court if proved in the manner as is described in Section 65B of the Indian Evidence Act, 1872.
In another case of Arjun Pandit Rao vs. Kailash Kushanrao (2020), the Supreme Court said that compliance with the provisions of Section 65B of The Indian Evidence Act, 1872 is a necessary condition for admissibility of electronic evidence in the court.
In the case of Anvar P.V. v. P.K. Basheer (2014), it was held by the Supreme Court that a written and signed certificate under Section 65B(4) of the Indian Evidence Act is mandatory for admissibility of electronic evidence. The Court also said that oral evidence cannot be presented to support the electronic evidence.
For these reasons, digital evidence is always kept password secured and is under the charge of a computer forensics technician.
Chain of drug test evidence
Many a times, the court can order a drug test, like a drug test of players, doctors, parents wanting custody of the child, and other situations. The test varies according to the rules of a particular jurisdiction. All types of illegal substances are detected in this test. These tests mainly take place through saliva or urine samples. The court may also order a hair follicle test, when detection is for over a long period of time. The results of such tests can have a serious impact on the outcome of the case. Therefore, such samples must be handled with the utmost care, and a proper chain of custody must be established to ensure that samples and the name marks are not mixed, which is a very common malpractice. Every detail regarding the collection, storage, transfer, analysis and disposal of the sample must be noted down.
What information must be recorded to establish a chain of custody
It is important to document certain details that validate the evidence. The documentation may include information regarding the collection, transportation, storage, analysing, and general handling of the evidence. More and more details must be meticulously documented, so it leaves a lesser room for scrutiny. The ability to present the evidence in the court highly depends on the information documented, and if any necessary information is missed out, it will surely invalidate the evidence, which in turn can affect the outcome of the case.
The information that should be included in the documentation is:
- Date of collection;
- Time of collection;
- Identity of the reporting agency;
- Identity of the submitter;
- Unique identifying code;
- Location of the lab where examination has to be conducted;
- Permission to conduct examination of the item;
- Case investigator;
- Descriptive list of items submitted for examination (includes the model, serial number and make);
- Unique markings on the items;
- Condition of the item;
- Identity and signature of the examiner;
- Brief description of steps taken during examination (searching old files, recovering erased data);
- Signature of each individual involved in the chain of custody, with correct date and time; and
- Any other relevant information about the item.
Procedure to establish chain of custody
Maintaining the correct chain of custody can prove to be a complex task. At the same time, it is equally important to maintain the chain of custody, and for such purpose a procedure is to be established and followed. Collection techniques, preservation, packaging, transportation and storage of the evidence are all part of the process used to establish a chain of custody.
- The first step in the procedure to establish a chain of custody is collecting evidence. It involves identification, labelling, recording and collecting data from all the relevant sources. The data collected must be kept safely to retain its authenticity.
- The second step is the examination of the evidence collected. It is important to note down all the methods and procedures that are taking place during the examination of evidence.
- The third step is using legally justifiable techniques and methods to analyse the evidence and derive information useful enough to answer the questions raised in a “case”.
- The fourth step is reporting all the information obtained by examining and analysing the evidence. It includes information like issues and weaknesses identified with suggestions for any other additional measure to re-examine the evidence, description of the various tools being used in the process.
There are some points enlisted below which must be remembered by the officials in- charge of the chain of custody-
- The number of people handling the evidence must always be limited.
- The package in which the evidence is kept must be sealed.
- Before submitting the evidence in the court, double check the markings to avoid any confusion before the court.
- Photos and screenshots of the original evidence must always be taken (physical or digital).
- Modern software systems can help to track the movement of all types of evidence.
- All the names, unique identification numbers, dates and other relevant information must be checked before submitting the evidence in the court.
- Witnesses for the evidence can increase the credibility of the evidence.
- Signed receipts of transfer must be obtained.
Conclusion
Maintaining a proper chain of custody must be considered as a professional and ethical responsibility for those who are incharge of the evidence. In India, very few people have the habit of following the procedure. In the same way, a correct chain of custody is hardly maintained by the officers as they think that it does not hold much importance, but little do they know that the admissibility of any evidence in the court of law depends on the nature of the chain of custody maintained by them. Therefore, it is important to create awareness about the procedure to maintain a correct chain of custody among the officials dealing with such cases. This will gradually help in ensuring quick justice to the people.
Frequently Asked Questions (FAQs)
- What happens to the case when the chain of custody is altered ?
If the chain of custody is broken or altered, the evidence will be inadmissible in the court of law, and it can affect the outcome of the case especially when the prosecution depends on that particular evidence for proving a certain point.
- Does chain of custody apply to mail in voting ?
Yes, especially once a ballot is completed by the voter and submitted to election officials.
- When does the chain of custody begin and when does it end ?
The chain of custody begins when the sample or evidence is collected from the crime scene and ends when the same sample or evidence is presented before the court.
References
- https://www.geeksforgeeks.org/chain-of-custody-digital-forensics/#:~:text=Chain%20of%20Custody%20refers%20to,evidence%20may%20be%20rendered%20inadmissible.
- https://www.thoughtco.com/chain-of-custody-4589132
- https://blog.pagefreezer.com/what-is-chain-of-custody
- https://legaldictionary.net/chain-of-custody/
- https://www.justcriminallaw.com/criminal-charges-questions/2020/08/26/chain-custody-important-criminal-case/
- https://www.ncbi.nlm.nih.gov/books/NBK551677/
- https://www.lhh.com/us/en/insights/how-to-document-your-chain-of-custody-and-why-its-important/
- https://www.nolo.com/legal-encyclopedia/what-chain-custody.html
- https://www.academia.edu/933101/The_chain_of_custody_and_formal_admissions
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