“Crime scene management, and evidence management as a critical part of that, must be learned and incorporated into the investigator’s toolkit.” Crime scene management skills are an extremely significant task component of investigation because evidence that originates at the crime scene will provide a picture of events for the court to consider in its deliberations. That picture will be composed of witness testimony, crime scene photographs, physical exhibits, and the analysis of those exhibits, along with the analysis of the crime scene itself. From this chapter, you will learn the task processes and protocols for several important issues in crime scene management. These include: 1. Note taking 2. Securing a crime scene 3. Evidence management 4. Scaling the investigation to the event Although other documents will be created by the investigator to manage the crime scene, no other document will be as important to the investigator as the notebook. The notebook is the investigator’s personal reference for recording the investigation. Many variations of police notebooks have emerged over the years. The court will sometimes even accept police notes that have been made on a scrap of paper if that was the only paper available at the time. However, beyond extreme circumstances, in operational investigations, the accepted parameters of a police notes and notebooks are: • A book with a cover page that shows the investigators name, the date the notebook was started, and the date the notebook was concluded • Sequential page numbers • A bound booklet from which pages cannot be torn without detection In court, the investigator’s notebook is their best reference document. When testifying, the court will allow an investigator to refer to notes made at the time to refresh their memory of events and actions taken. When an investigator’s notebook is examined by the court, notes consistent with the investigator’s testimony provide the court with a circumstantial assurance or truthfulness that the evidence is accurate and truthful (McRory, 2014). Alternately, if critical portions of the investigation are not properly recorded or are missing from the notebook, those portions of the evidence will be more closely scrutinized by the defence. The court may give those unrecorded facts less weight in its final deliberations to decide proof beyond a reasonable doubt. For an investigator, good notes are an overview of the things seen/heard and the actions taken. A chronology of notes demonstrates the investigator’s mental map of the facts that led to forming reasonable grounds for an arrest and charges. Court cases are often extended by adjournments, appeals, or suspects evading immediate capture. This can extend the time between the investigation and the trial by several years. In these protracted cases, it becomes critical for the investigator to have detailed notes that accurately reflect their investigation to trigger their memory of the facts. As important as the notebook

1. Dr Ruchi Tiwari
PART 3

2. PRIMARY EVIDENCE
According to Section 62, primary evidence is considered to be the topmost class of evidence. Such
evidence is an original document that needs to be submitted before the court for inspection. Moreover, it is
admissible without any prior notice.
Such evidence must be presented before the court before the secondary evidence. Moreover, secondary
evidence can be presented only in the absence of primary evidence by explaining the reason for the
absence of such evidence.
SECONDARY EVIDENCE
According to Section 63, secondary evidence is considered to be an inferior type of evidence. It implies,
that even after producing secondary evidence one needs to produce primary evidence in order to fill in the
gaps. Such evidence can be presented in the absence of the primary evidence, however, the notice of the
same is to be given.
However, if the secondary evidence is accepted without any objection within a reasonable time then the
parties do not have the right to argue that the point was proved with the help of secondary evidence and
not primary evidence.

3. REAL EVIDENCE
Real evidence is also known as material evidence. It is tangible evidence that the court can examine for itself. It
is presented before the court by inspection of a physical or material object. Such evidence is not derived from a
document or witness. Real evidence includes:
● Material object (murder weapon, in a murder case);
● Photographs (position and state of the deceased body, in a murder case);
● Video recordings;
● Person’s behaviour and appearance.
ORAL EVIDENCE
Oral evidence refers to evidence which is confined to the words spoken by mouth. It is sufficient to be proved
without any documentary evidence provided it is creditworthy. Chapter IV of the Indian Evidence Act, 1872
deals with the provisions of oral evidence. Certain kinds of contracts or grants can be created orally, such as:
● A sells his cat for Rs. 1000 to B
● A wants to mortgage the cat for Rs. 1000 to B
● A pays Rs.1000 to B and takes back the possession of the cat.
However, there are many documents that need to be necessarily written and registered. Also, the best evidence
is the one which is reduced to documents.

4. Scientific evidence is generally referred as empirical evidence. Such evidence is gathered from scientific
research which requires a lot of investment of time and patience on the part of the researcher. In order to
be recognised as evidence, such research needs to be done and established according to the set
standards.
Scientific research primarily relies on data and it is the responsibility of the researchers to ensure that
such data is true. Thus, the research can be conducted ethically and safely only if the data is collected
and analysed properly.
For instance, if the research involves environmental process then the test and control should be carried
out under natural conditions. If it is practically impossible to do so then lab-based studies can also be
used.
The ability to admit scientific evidence, however, is at the discretion of the presiding judge. The judge may
consider various factors, such as:
● The validity of the evidence;
● The credibility of the science behind it;
● How influential evidence is during the case.
Scientific evidence is relevant in cases where conventional forms of crime have assumed immense
proportions.

5. DEMONSTRATIVE EVIDENCE
Demonstrative evidence refers to evidence that is shown to the judge (and in some case, jury as well) in
litigation. This evidence is neither testimony nor substantive evidence. Generally, it includes charts,
diagrams, demonstrations and illustrations of the testimony of a witness.
Such evidence should not be harmful or detrimental but should assist in proving something. It is
admissible only when it fairly and accurately reflects the witness's testimony. The same set of evidence
can be used by the opposing counsel in order to prove contrary positions.
Examples of demonstrative evidence include:
● charts,
● timelines,
● scale models,
● photo enlargements,
● maps,
● diagrams of a crime scene,
● animation,
● film or video,
● checklist exhibits,
● sample product display, or
anything similar designed to help the judge or jury better understand the case.

6. DIGITAL/ELECTRONIC EVIDENCE
Originally, digital or electronic type of evidence was not mentioned or covered under the definition of
evidence. However, the definition of evidence was amended by the Information Technology Act, 2000 to
include ‘electronic records’ within the same. An electronic record includes record generated, data
generated, image stored, sound stored, or any information received or sent in an electronic form.
Such evidence must be collected with a reasonable and least objectionable means. The manner of the
collection depends upon various factors, such as:
● System configuration encountered,
● Type of investigation, and
● The evidence should be relevant to support the investigation.
An electronic record means data, record, data generated, image stored, sound stored, or any information
received or sent in an electronic form.
Sivrajbhan v. Harchandgir
In this case, it was stated that the word evidence in connection with Law includes all agreements except
which prove or disprove any fact or matter whose truthfulness is presented for Judicial Investigation. In
other words, when the parties involved don’t get the opportunity to cross-examine the statements to
ascertain the truth then such a statement does not amount to evidence.
Thus, electronic evidence can be considered as a valid form of evidence.

7. DOCUMENTARY EVIDENCE
‘Document’ is defined in Section 3 of the Indian Evidence Act. Documentary evidence refers to any matter
described or expressed upon any substance by means of letter, figures or marks or by more than one
means which can be used for recording the matter.
Such evidence is produced in the form of a document in order to prove a disputed fact. Essentials or
subject-matter of documentary evidence are as follows:
● how the contents of a document are to be proved.
● how the document is to be proved to be genuine.
● how far and in what cases the oral evidence is excluded by documentary evidence.
FORENSIC EVIDENCE
Forensic evidence might lead to crucial investigative leads. Such evidence help in looking at and
analysing things that cannot be seen with the naked eye. It varies from the type of crime one is
investigating.
Forensic evidence can be divided into two categories, that is, physical evidence and biological evidence.
Physical evidence refers to non-living or inorganic matter such as fingerprints, shoe impressions, tire
impressions, fibers, glass, drugs, bullets, paints, petroleum by-products, etc. on the other hand, biological
evidence includes blood, hair, saliva, urine, etc. it also includes botanical materials such as plants, wood,
pollen, cocoons, etc.