![NATURE OF A QUESTIONED DOCUMENT
▪ SECTION 29 OF IPC illustrated the nature of a document.
▪ Section 29 A defines “electronic record”
▪ A questioned document can be:
– A letter
– Financial document
– Record [ i.e.., a falsified record]
– Ticket
– Examination paper
– Will
– Historical document
– Posters
– Book
– Burnt or damaged document
– Electronic document](https://image.slidesharecdn.com/introductiontoquestioneddocuments-231221211715-314186d0/85/INTRODUCTION-TO-QUESTIONED-DOCUMENTS-pptx-5-320.jpg)
![REFERENCE
1. Questioned document examination - Wikipedia [Internet]. [cited 2021 Mar 16]. Available
from:
https://en.m.wikipedia.org/wiki/Questioned_document_examination#Scope_of_document_
examination
2. Types of Questioned Documents - Forensic Document Examination [Internet]. [cited 2021
Mar 16]. Available from: https://ifflab.org/types-of-questioned-documents-forensic-
document-examination/
3. Forensic Science in Criminal Investigation & Trials - Dr. B. R. Sharma - Google Books
[Internet]. [cited 2021 Mar 16]. Available from:
https://books.google.co.in/books/about/Forensic_Science_in_Criminal_Investigati.html?id=
bpMfAAAACAAJ&source=kp_book_description&redir_esc=y](https://image.slidesharecdn.com/introductiontoquestioneddocuments-231221211715-314186d0/85/INTRODUCTION-TO-QUESTIONED-DOCUMENTS-pptx-12-320.jpg)
INTRODUCTION TO QUESTIONED DOCUMENTS.pptx
- 1. INTRODUCTION TO QUESTIONED DOCUMENTS Prepared by: Aadi Yeshwanth Kumar Ablam Vinay Kumar Aswathy Ajikumar
- 2. “The falsification of financial documents is a “Bigg business” in almost every country and it is on the increase everywhere. It is estimated that thousands of crores of rupees are lost in financial frauds every year.” “It is estimated that only 50% of questioned document cases are reported to the police”
- 3. WHAT IS A DOCUMENT? DOCUMENT Any material containing marks, symbols, or signs either visible, partially visible that may present or ultimately convey a meaning to someone. May be in the form of pencil, ink writing, typewriting, or printing on paper. a) QUESTIONED DOCUMENT – Any document about which some issue has been raised or which is under scrutiny, or of doubtful origin. b) STANDARD DOCUMENT – Are condensed and compact-set of authentic specimen which is adequate and proper, should contain a cross section of the material form it source. They are used by the document examiner as the basis for his identification or non identification of the questioned document.
- 4. LEGAL DEFINITION OF A DOCUMENT Section 29 in The Indian Penal Code 29. “Document”.—The word “document” denotes 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. Explanation 1.—It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not. Illustrations A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document. A cheque upon a banker is a document. A power-of- attorney is a document. A map or plan which is intended to be used or which may be used as evidence, is a document. A writing containing directions or instructions is a document. Explanation 2.—Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed. Illustration A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and must be construed in the same manner as if the words “pay to the holder” or words to that effect had been written over the signature. Section 3 of IEA also defines a Document in a similar way.
- 5. NATURE OF A QUESTIONED DOCUMENT ▪ SECTION 29 OF IPC illustrated the nature of a document. ▪ Section 29 A defines “electronic record” ▪ A questioned document can be: – A letter – Financial document – Record [ i.e.., a falsified record] – Ticket – Examination paper – Will – Historical document – Posters – Book – Burnt or damaged document – Electronic document
- 6. SCOPE OF A QUESTIONED DOCUMENT The scope of a questioned diocument is to: 1. Establish genuineness or nongenuineness, or to expose forgery, or to reveal alterations, additions or deletions; 2.Identify or eliminate persons as the source of handwriting; 3. Identify or eliminate the source of typewriting or other impression, marks, or relative evidence; and 4.rite reports or give testimony, when needed, to aid the users of the examiner's services in understanding the examiner's findings.
- 7. Cases where Forensic Document Examination is Applied Following are some cases where forensic document examination is applied to analyze different types of questioned documents. ▪ IdentityTheft ▪ Forgeries ▪ Counterfeitin ▪ Suicide ▪ Homicide ▪ Fraud ▪ Kidnappings ▪ Bank Robberies ▪ ContestedWills ▪ Extortion ▪ Medical Malpractices ▪ Stalking ▪ Title/Deed Lawsuits ▪ Contested Contracts
- 8. TYPES OF QUESTIONED DOCUMENTS For the purpose of discussion, the important documents which affect our day to day lives may be classified into following categories: ▪ CIVIL DOCUMENTS: Birth Registration Certificate, Death Certificate, Marriage Registration/ Divorce Certificate etc. ▪ ROUTINE DOCUMENTS: ID card,Voter ID Card, PAN Card,AADHAR Card, Domicile Certificate, OBC/ Caste Certificate, BPL Certificate, Ration Card, Examination Mark Sheets/ Degrees/ Certificates/ Testimonials MotorVehicle Registration Certificate, Driving License ▪ TRAVEL DOCUMENTS: PASS PORT,VISA, Nationality Certificate, Resident Alien Card, Permanent Resident Card, Naturalization and Citizenship Certificates
- 9. TYPES OF QUESTIONED DOCUMENTS ▪ BANK DOCUMENTS: Cheques, Drafts,Traveler Cheques, DW, Currency Notes, Credit Card, Debit Card, Smart Card. ▪ SECURITY DOCUMENTS EXECUTED ON STAMP PAPERS: DP Note, Hypothecation/ Bank Guarantee etc., Agreement, PropertyTransfer/ Registration etc., ▪ JUDICIAL DOCUMENTS: Important Court Orders/ Judgments, Laboratory Reports ▪ COMMERCE RELATED DOCUMENTS: Patents & Copy Rights Certification, Logo etc. ▪ PAPER-LESS OR DIGITAL DOCUMENTS: Electronic MoneyTransfers Through Websites, OnlineTransactions, E-Banking Solutions etc.
- 10. PRELIMINARY EXAMINATION The preliminary examination of a disputed document case is done to find out if the document case is fit for detailed examination or not.The expert appraises whether the disputes document is 1. Normal 2. Free from alteration 3. Free from trimming 4. Free from obliteration 5. Free from the infirmities of – Old age – Intoxication – Disease
- 11. PRELIMINARY EXAMINATION The preliminary examination of the standards helps to find out if the standards are 1. Authentic, proved to be from the alleged source or accepted by the parported person? 2. Adequate (sufficient) 3. Contemporaneous 4. Disguised or otherwise The preliminary examination, thus, determines the adequacy, authenticity and integrity of all documents being examined. It is followed by detailed examination and evaluation.
- 12. REFERENCE 1. Questioned document examination - Wikipedia [Internet]. [cited 2021 Mar 16]. Available from: https://en.m.wikipedia.org/wiki/Questioned_document_examination#Scope_of_document_ examination 2. Types of Questioned Documents - Forensic Document Examination [Internet]. [cited 2021 Mar 16]. Available from: https://ifflab.org/types-of-questioned-documents-forensic- document-examination/ 3. Forensic Science in Criminal Investigation & Trials - Dr. B. R. Sharma - Google Books [Internet]. [cited 2021 Mar 16]. Available from: https://books.google.co.in/books/about/Forensic_Science_in_Criminal_Investigati.html?id= bpMfAAAACAAJ&source=kp_book_description&redir_esc=y