USE OF DETECTION DOGS OR DOG SQUAD IN FORENSIC INVESTIGATIONS : THE INDIAN SCENARIO
The term dog squad means a group of officials including trained dogs and handlers assisting a crime scene investigation or sometimes in detecting illegal matter. In other words, we can say that they are the leads to the suspect. The hard work put by handlers, trainers and dogs results in the formation of an effective squad. There are many factors which influence in the formation of a potential dog squad which may also include breed of dog, handler’s qualities, infrastructure of training, understanding between dog and handler etc. Only an effective team could bring out the evidence which lead to the crime or else it may result in deviation followed by misleading and suspicion on innocent. Dog squads assist in police, military, and fire and rescue. They help police officers in tracking and trailing evidences in investigation. In military they are used in detection of explosives, trailing etc. In fire and rescue dogs help in finding victims after natural disaster (earth quake, storm, avalanche etc.) and manmade disasters (building collapse, explosions etc.). They are chosen for their peculiarity in sniffing, ability to understand, and for their behavioral psychology. Their intelligence, behavior, psychology and biological functioning are the factors which adapt them to this field. Their role is changing considerably; they are used in different branches that are from crime scene investigation to cadaver dogs. Nowadays they are facing competition from technical side, introduction of detecting machines and sniffers have a great chance in obsoleting the dog from this field at the same time certain draw backs are shown from the technical side too and also dog trail evidences are not given much weightage as other evidences in India.
Dogs: Elephant is considered as the 3 rd most intelligent animal followed by pig and dog. An elephant could sense the scent of water even from miles away it is scientifically proven that pig and elephant have more olfactory cells than dogs, in short an elephant or a pig have high capability to identify scent than a dog but due to some reason they are discarded from official duties. But nowadays in Israel pigs are used for finding victims who are trapped under earth after disasters like earthquake and also used in explosive detection (Israel have their own pig squad for this purpose). No matter how powerful in smelling they are, when it comes to the behavioral psychology they cannot be trained for the purpose that a dog does today. Their size, maintenance, behavior and ability to get trained all matters. The nasal epithelium of dog contains olfactory receptors which are bonded with odorant molecules, this send signals to olfactory bulb and various areas of cortex of the brain where further interpretations are followed. The olfactory cells as well as vomeronasal organ (also called Jacobson’s organ) behind the canine teeth helps in smelling. A dog contains around 220 million olfactory receptor genes, 7 which means they have 40 times more smelling power than a human being. A research group found that among the genes 20% of the genes are pseudogenes that they do not produce proteins. More number of pseudogenes results in poor sensing power. This percentage of pseudogenes varies from breeds to breeds. Boxers have less acute sense of smell due to the presence of more number of pseudogenes. When they breathe air flows through the nostrils along the epithelial lining containing olfactory receptors these receptors capture the molecules and interpreted.it is found that olfactory regions are present in the expiration tracks too confirming a dog can sense air when it inhales as well as exhales. Dogs have been shown to be capable of learning when only 9 days old. Some trained target scents to future narcotics defecting canines that are only 10 days old. The climate, temperature, pressure, wind, disease, and sometimes surroundings challenges the accuracy of detection.
Scope of Dog Squad:
Voices arise against the use of dog squad. According to the court an-evidence recovered by dog squad cannot stand alone to prove question of facts instead it can only be used as a corroborative evidence. This is the only drawback of dog squad in crime scene investigation. But in explosive, narcotics, weapon detection and further more dogs shows immense potential in these fields. It is an era of terrorism, narcotics alcoholism, explosive detectors and other machines alone could not always run over them. There are some drawbacks such as handling capacity, electric and magnetic fluctuations, high maintenance, life span, machinery failure etc. and also they are quite slow in detection when compared to a trained dog. Researchers were talking about the possibility that trained dogs will be obsoleted from this field with the emergence of more accurate machines but according to the new studies till now no machine is proved to be more accurate and significant than a trained dog.
The Exceptional Breeds:
People often wonder why only specific breeds are used in police and military purpose. The answer revolves around the biological, behavioral and physical pattern of the breed. One factor in selecting breeds depend upon the olfactory cells present in the nasal epithelium. Boxers have less number of olfactory cells which means they are very poor in locating, whereas blood hound, mallinois, Labrador, Doberman and German shepherd have got exceptionally more number of cells and they are active in trailing. The other factor is physique of the dog, small sized dog such as beagle to large sized German shepherd is used but depending on the field for example beagle is used in finding victims under collapsed building, their physique the small sized body will allow them to move around without restrictions. The other important factor is degree of ferociousness in dogs for example dash is a German breed which is short furred and have good smelling capability but it is a very ferocious dog there are chances that the dog may attack the suspect or others, such dogs are excluded from this category instead dash could be used in other activities such as fetching and hunting. Sometimes dogs are used according to the climate of the country. Bloodhound, German shepherd, Labrador are the main dogs used in foreign countries this is due to the fact that they can adapt to the climate and won’t get interfered during working. According to the trainers one of the major drawbacks in Indian dog squad is that they use foreign breeds such as German shepherd, Doberman etc. which finds it hard to thrive certain seasons. When summer approaches German shepherd get boiled throughout the climate where as Doberman shivers during winter, this may affect their ability to sense scent and challenges their job. Proper precautions must be done while handling them during such seasons. Selection of dogs must be done by putting all these factors into consideration, In order to raise a potential squad.
Drawbacks in Dog Squad:
Dogs can’t talk and the evidence recovered is considered as hearsay evidence. Some suggested that perplexity of scent, disturbances from the surrounding and handler’s loss of interest may deviate the dog from suspect to decoy. Disturbances can be smoke, climate, traffic, rain, other scent, disease etc. When it comes to crime scene investigation be it tracking, trailing or scent line up any findings recovered by the dog corroborative evidence. There are chances for spoliation of other potential evidences when a dog squad search begins. Tiny droplet of blood and body fluids, soil, hair etc. which are unnoticed by experts while collecting have a high degree chances for spoliation. Climate influence a lot in dogs while absorbing smell into olfactory epithelium. Too much pressure will discard the scent from air that is inhaled; this may either lead the dog to decoy or perplexity. Certain diseases like nasal tumor, canine distemper, seizure disorder, chronic renal failure, diabetes mellitus creates decoy in an investigation. A dog and handler are both important factor in dog squad. An effective team leads to a successful conclusion. The voice of handler, his gesture and interest effect the dog, any negligence leads to decoy. A handler’s voice must me strict, straight, and sound. Shaking of shoulders, waving of hands creates disturbances and irritation in dogs. The handlers are often advice to maintain strict gesture. Choosing old and tired dogs for investigation often finds difficult and ineffective. Rules must be put forth in choosing such dogs. Through perseverance, hard work and training of both dogs and handlers and also improving the infrastructure can bring out an effective team .
A Future Threat:
Terrorist attacks have increased since last few years and their activities are showing up every now and then in different parts of the world. The basic weapon they are using is religion. They often forget to remember that human kind are from the same origin. This oblivion creates disasters and tragedies all around us. Their moto is killing, they do not focus on just a single political figure or a business tycoon instead they aim for mass killing and destruction. And the perfect weapon is explosives. This era is the emergence of IEDs (improved explosive devices) for example letter bomb, booby traps, car bomb, suicide bombs etc. Explosives are the greater threat to human kind. It can bring destruction on humans, animals and other useful resources. There are detecting machines and sniffers, officers and dogs all over the airport, metro, borders, and in public checking but still terrorist manages to sneak them into cast jinx on the population. Failure to identify the explosives results in successful terrorist attacks. Once we find a way to tackle this problem many families won’t shatter, children don’t get orphaned and resources will be undisturbed According to this report in some aspects explosive detecting machines shows more significance than dogs but at the same time dog has got its own uniqueness and importance in other aspects. But when it comes to safety and protection of population dogs are more desirable due to their peculiarity in quickness, sensitivity, nature, mobility and independent working. No technology is found to be more-quick than a dog in detecting desired illegal materials. According to the experts there are more than 3,600 types of explosives existing today. Majority of them have a parent explosive and these bases are used in training dogs, the same procedure is used in technology based devices and sniffers. The problem is that the dogs and machines fail to identify an explosive which belong to the minority category, the one with unique bases. In such case they can’t detect its presence and fail to dismantle the explosive. Improving this part will bring a big support to counter terrorism.
Dogs have been used in law enforcement since the 5th century. Certain dogs are known for their loyalty toward their owners and their protecting nature. Some breeds of dogs are known for picking up scents and helping the police in their operations. They can sniff bombs, drugs, and chemicals or track down criminals with their scents, etc. With proper guidance and training, these police dogs can aid law enforcement agencies.
What is K-9?
The term ‘K9’ or ‘K-9’ is derived from the English and French word ‘CANINE’ (which simply means ‘DOG’). ‘CA’=’K’ and ‘NINE’=’9’. The first use of ‘K-9’ goes probably back to 1942. In that year the first military K-9 Corps was created by US Secretary of War Robert P. Patterson. Later in 1959 the wordmark ‘K-9’ has been registered as federal symbol in the USA Trademark Office by the US Army. Since than the terms K-9 or K9 became commonly used for dogs in general, service dogs and working dogs.
There are two common classifications of police K-9s:
- Patrol:These dogs are used to provide patrol duties (officer protection, suspect apprehension, area or building clearance, and security in sensitive or controlled areas.
- Detection: These dogs are used to find either narcotics OR explosives. it is either one or the other.
The Role of a Police Dog
- Tracking or Search and Rescue:The police dogs who specialize in finding missing persons or criminal using their scent and the techniques developed in training fall under this category. They are used to locate a suspect or find missing objects or persons. The dogs used for this work usually have a powerful sense of smell.
- Substance Detection: These police dogs also use their sense of smell to help police, but in a different way from tracking dogs. Substance dogs focus on detecting a specific substance. Some dogs specialize in recognizing bombs or explosives. These dogs help save officers from having to slowly search by hand through luggage or a car or other areas by quickly determining if an illegal substance is near. They can also sniff out the person if he is carrying any explosives or if they have recently handled explosives.
- Cadaver Dogs: These dogs are trained to locate dead bodies. They use their sense of smell to locate the dead bodies. They help law enforcement officers/ police by detecting the odour of dead bodies.
- Arson:Dogs are trained to pick up scents or traces of materials at the site of suspected arson. Dogs trained in this particular discipline do not detect arson but detect ignitable liquids that can be used to commit arson. Since they are usually deployed after a fire, the dogs have to be particularly hardy, and they have to be able to work at distances from the handler when the remains of buildings are structurally unsound.
- Assault Dogs:Assault dogs can be used to storm rooms or houses in which an aggressor is hiding. They will indicate where the aggressor is hiding and will even attack a gunman and will latch on until the order of release will be given by its handler. In the Army, dogs are fitted with cameras so that the handler can get live footage of what is happening and can give instruction to the dog accordingly. In Gujarat Police Force, assault dogs are deployed with the Chetak Commando units. They can be helpful to police in crowd control works.
Training
Each handler is associated with a dog. The training will occur in the presence of the handler only. Right from the induction till the retirement of the dog, both the dog and the handler shall always work together. The training of the dog always goes with the handler. The training is supposed to be conducted in a playful manner and on a work and reward basis only. CCC (Customs K9 centers) are the only agency responsible for annual fresher training. The Customs working dog will be trained in a playful manner in crowded places also. It should be ensured that the training, deployment, and operation are sensed as game/play to the dogs. This will lead to better results in the actual scenario. Sometimes in a stressful environment, the dogs cannot perform their duty properly. So if due to lack of detection the handlers are under stress, the same should not be passed on to them. The handler and the dog should have love and affection towards each other and should also work with the same spirit.
A member of the Home Ministry had stated that Police Dogs that are part of Canine squads of central paramilitary forces will be evaluated based on the K9 proficiency evaluation test. This test has been developed by the home ministry in line with global standards. Whereas the K9 behavior assessment test will assess the young dogs on the detection and patrol work.
The Police K9 cell, which was established within the MHA in 2019, plans to streamline the breeding, training, and selection of dogs. It has set up a proficiency cell to implement a new set of behaviour assessment tests, what it calls the ‘Augmentation of K9s by Licensing as per Accreditation Norms’ (AKLAN). These tests will assess the proficiency of pups for police and paramilitary roles. Earlier, there was no model of assessment and only random audits were carried out.
K9 Behaviour Assessment test (BAT) consists of 12 sub-tests that evaluate the behaviour/reaction of a dog before his specialized training, on counts such as affability, handling, leash, retrieving, the reaction on an unstable table, search, metal stair, visual startle, gradual visual startle, acoustic startle, dark room reaction, and gunshot reaction. “A confident dog displays less or no reaction to these sub-tests. Based on results, one can determine if the dog is suited to and has a natural flair for detection or patrol work or both.
Breeds Suitable as Police Dogs
Some of the common dog breeds that are used in most countries are mentioned below:
- German Shepherd:Originating in Germany, the German Shepherd is a medium to large-sized dog. German Shepherds are usually herding dogs, developed originally to herd sheep. Because of their intelligence and quick learning skills, they are now preferred for several jobs around the world, including assisting the disabled, search and rescue, and police and military roles.
- Belgian Malinois:They are the second most popular police dog breed. They are known for their quick reaction time and are not aggressive like the German Shepherd. They have a protective and loyal personality. They are used to catch criminals and also to sniff out narcotics and bombs. They have good listening and attention skills.
- Labrador Retriever:They were initially used to sniff out the game and retrieve it. But now they are used in K9 units as well. They are most commonly seen in airports. They are known for their friendly and social nature. The working dogs are more muscular and lean as compared to the household dogs. They are also used to detect narcotic substances.
- Rajapalayam Dog:They are one of the popular dog breeds from India. Although they aren’t used as much nowadays, they are popular among the Indian police force. These dogs are large and powerful and are also loyal.
- Doberman Pinscher:It is a large muscular dog with a slim frame and cropped ears. They are known as loyal and obedient. They are also among the intelligent dog breeds which makes them highly useful in police work.
- Bloodhound: This dog breed is used in law enforcement to detect narcotic substances and to search and rescue people. They are known for their strong sense of smell. They have a powerful sense of catching a scent over a long distance. This makes them unique from other dog breeds.
USE OF DETECTION DOGS IN FORENSIC INVESTIGATIONS: THE INDIAN SCENARIO
The dog’s nose possesses about 300 million olfactory receptors, as compared to about 6 million in the human’s nose. Consequently, the olfactory cortex occupies 12.5% of the total canine brain mass, while in the human brain it barely represents the 1% . Forensic odorology is an important tool to collect and store olfactory traces in order to confirm the presence of a person or substance at a crime scene. Forensic odorology relies on the existence of unique individual human odorotypes, and on the dog’s ability to discriminate and differentiate people olfactory fingerprints, supported by expert technical assessments . Forensic odorology was developed in Germany in the 1940s and was later exported to the former Soviet bloc countries . Dogs are trained to recognize odors with high efficiency . The olfactory inspection and odor identification constitute key moments for the collection of valid odorology evidence and for its subsequent use in a trial. All operations are recorded by using audio-video devices. The assessment is performed by comparing and matching the olfactory trace with that of one or more suspects . It is essential that the intervention of the ca-nine (K-9) unit is timely as the crime scene can be easily contaminated. The odorological assessment consists of three phases : 1) detection of the olfactory impression; 2) odor conservation; 3) comparison of the olfactory trace with the scent from other people. The human scent is a complex mixture of compounds with different chemical properties and concentrations. Scents are usually classified into primary, secondary, and tertiary categories . The primary scent category includes genetically conditioned compounds. Their relative concentrations remain constant over time regardless of environmental factors, diet, weather conditions, air humidity, visceral state, emotional state, illness, menstrual cycle phase, medications, etc. In the secondary category are found skin-derived scent compounds, which depend on internal and external factors. Tertiary scents derive from the environment (scents of a workplace, cosmetics, cigarette smoke, gasoline, scents of other people or domestic animals) . In favorable environmental conditions, a dog is able to identify odors left up to six weeks before, especially in the early evening as the ground temperature is slightly higher than the air temperature and odors evaporate more easily . Adverse weather conditions hamper dog’s work, eventually leading to the cancellation of odorous traces. Wind, rain, humidity, solar radiations are factors that can impair scent detection . Nevertheless, a recent study by Filetti et al. reported that dogs were able to identify the person who touched an object at the crime scene. The dog training procedure showed excellent sensitivity (between 99.48 and 100%) and specificity (between 60 and 100%), having a positive predictive value (PPV) ranging between 97.94 and 100% and a negative predictive value (NPV) ranging between 85.71 and 100% .
Detection Dogs
A vital aspect of a forensic investigation may be to detect and locate specific people or substances of interest, ranging from illegal drugs to missing people to clandestine graves. Sophisticated detection equipment does exist, however this technology can often be expensive, have unsuitable portability, and may even prove useless when searching vast areas. Fortunately for investigators, there is an ideal tool available.
Dogs, sometimes known as K9s or sniffer dogs by law enforcement professionals, have played an important role in legal investigations for decades, with their keen sense of smell being harnessed to aid investigations. The average human being has roughly five million sensitive cells within the nose to aid in scent detection. This appears to be a large number, until compared with the 200 million cells in the average dog’s nose. Further increasing the canine’s sense of smell is an organ in the roof of the mouth that is not present in humans. This organ essentially allows the dog to ‘taste’ a smell, thus strengthening its ability to detect odours. Canines detect odours directly from the source or residual scents; odours which persist in an area after the original source is no longer present.
Obviously the air is full of a vast variety of different odours, many of which will be powerfully clear to the dog. Fortunately they are able to distinguish between different odours, even if one smell overpowers another, and trace a specific scent to its source.
Drug Detection
The police commonly train canines to detect the presence of illicit substances to the extent that they are capable of locating even the tiniest trace of a drug. Such dogs are frequently trailed through train stations, airports, country borders, workplaces, and even schools to allow police to locate individuals who are carrying these illegal substances. The dog may be moved near pieces of luggage, near groups of people, or generally kept in the vicinity to react if he or she picks up on an odour of interest. An average stop and search conducted by officers may yield nothing, especially if the subject has hidden the drugs somewhere on his person. However properly trained canines are usually able to detect the scent of illegal narcotics, regardless of where the suspect has concealed them.
Explosives Detection
Perhaps used more in recent years due to the increased focus on terrorism, canines have also been trained in the detection of explosive materials. The dogs are trained to detect the odours of specific substances such as sulphur, nitroglycerin, and any other compound commonly used in the production of gunpowder and explosive devices. Such specially trained dogs may be used in airports to detect or at least deter terrorism, or in the homes of suspected bomb-makers to identify the presence of these substances on work surfaces and in storage areas. In these scenarios, it is particularly vital that the canine is trained not to touch any substances or devices it does locate, as many types of bomb can potentially explode if touched.
Arson Dogs
Similar to canines trained to detect explosives, arson dogs are instructed to detect the chemical traces of accelerants. During an arson investigation, one of the primary tasks is to determine what caused the fire and, if accelerants were used, establish where the accelerant was placed. Though the odour of most forms of accelerant is generally quite strong, a fire scene will often be engulfed by the smell of smoke and various burning materials. However dogs can be trained to pick out the specific odours of flammable substances and locate the source. Even if the accelerant is found in numerous locations, the dog can be trained to pinpoint the area in which the accelerant concentration is at its greatest.
Cadaver Dogs
Also known as decomposition or victim recovery dogs, these specially trained canines are trained to follow the scent of decomposing flesh in order to locate the bodies of deceased human beings. Whether the cadaver is on the surface, buried underground or under water, a dog’s nose is powerful enough to pick up the scent and trace it back to its source. Cadaver dogs can not only locate actual human remains, but also the location in which a corpse or body parts may have previously been stored by tracking down residual scents. Depending on the use of the cadaver dog, they will be trained to detect specific decomposition odours. For example, some may be trained to detect odours associated with the early stages of decomposition, whereas others may be required to locate older remains. Some dogs are specifically trained to detect dead bodies underwater, with the canine situated on a shoreline or boat. A newer concept is that of historical human remains detection dogs, which are trained to locate historical or archaeological graves.
Search & Rescue Dogs
Like cadaver dogs, search and rescue canines are trained to specifically locate human beings. However in this instance, they are searching for living individuals, usually missing people, individuals lost in the wilderness, and those trapped during mass disasters. For example, trained dogs will be used in the case of an earthquake, where numerous people may be trapped inside crushed buildings or similar. The dogs follow the scent of each person, so that they may be located and finally rescued.
Tracking Dogs
Tracking dogs are trained for the same purpose as search and rescue dogs – they track down and locate living human beings. However in this case the dogs are trained and used to track down fugitives or suspected criminals. The scene of a recent crime may hold the scent of the perpetrator which, if investigators work quickly enough, may be tracked by a trained dog. Alternatively an object or a piece of clothing known to have belonged to or been touched by the suspect may be presented to the dog, hopefully allowing him or her to follow the scent and locate the suspect.
Training
Dogs are trained as trailing dogs and air-scenting dogs. Trailing dogs follow a scent on the ground, whereas air-scenting dogs must be able to pick an odour out of a breeze and follow it back to its source.Training begins with repeatedly presenting particular odours to the dog whilst teaching him or her to display a particular alert when detecting the odour. The procedure essentially involves typical Pavlovian conditioning. The dog is motivated to perform a particular task and rewarded upon completion of this task. The canine will soon learn to associate a particular act, in this case locating a specific odour, with receiving a reward, generally in the form of food or a dog treat. Throughout the procedure, trainers may use actual samples of what the dogs are being trained to follow, or they may use chemicals which simulate the scent. Initially the dog may be trained in laboratory-like conditions, in which he or she is simply being taught to identify the odours. Once the dog is capable of doing this, scenario-based training may be given. Potentially distracting odours will also be introduced, generally scents that the dog is likely to encounter during a real search. The dog is trained to ignore these odours and focus on specific scents. Upon locating the desired odour, the canine is taught to situate the point at which the source is at its strongest, at which point it will give a specific indication to the handler.Various breeds of canine are suitable for police work, though golden retrievers, Labrador retrievers, German shepherds, and border collies are all commonly used.
Fieldwork
During actual field work, the canine’s handler must aid the dog in any way possible. This includes utilising any known information plus his or her own experience to develop a search plan that will give the dog the best opportunity to locate the desired odours. Allowing a dog to randomly move around and sniff a huge area may yield no results or it will take an extremely long time for the dog to locate the target of the search. In outdoor areas, odours may drift and pool in lower areas or up against physical barriers, therefore these locations should especially be searched.
Every search area should be treated as a potential crime scene. Accurate records must be kept of the entire search, including the trainers and canines involved, the area covered by the search, and any findings. Dogs should be trained in such a way that, if they do locate, for example, a human cadaver, they do not actually touch or attempt to retrieve the remains, which would compromise potential evidence. If anything of interest is found, the appropriate professionals will enter the scene to take over. If nothing is found, the area is deemed as having been ‘cleared’ and the search team can move on.
Admissibility And Significance Of Expert Evidence In Dog Tracker Evidence
Within Chapter-II of the Indian Evidence Act, Sec. 45 to Sec. 51 includes the importance of third-party opinions, which are generally referred to as expert opinions in our everyday practice. These laws are unique in existence to the general principle that only the details which are well within the awareness of a witness are to be supplied with proof.
The anomaly is founded on the notion that the Court cannot, without the expertise of individuals who have gained specialized expertise and skills in such matters, formulate an opinion on the subject that are technically complex and formally sophisticated.
The validity of specialist proof in respect to tracker dog conduct and the reliability of their detection throughout criminal trials can be far from clear, especially if adequate grounds are not laid for it to be accessible to the judgment maker to assert faith in the reliability of the dog’s recognition of a person or of an individual-related object.
A significant feature of police criminal investigation is the involvement of trained tracking dogs to detect fragrances and follow traces of those. Such proof, though, is just as good as the information that confirms the accuracy of the abilities of a tracking dog and proven performance trends.
A crucial challenge attached to expert proof in regard to tracking dog behavior in claiming to correctly pursue a scent is the difficulty of understanding what constitutes the reasoning mechanisms of the dog when it appears to be following its quarry: A dog has no means of evaluating its ‘evidence.’ He does not notify us whether he acts on a combination of probability or on a prevalence of chances, much less if he merely plays a game.Concern about these kinds of facts tends to raise questions about the dangers that are significantly dependent on such proof attached to convictions.
EVIDENTIARY VALUE OF THE SNIFFER DOGS:PERSPECTIVE OF INDIAN JUDICIAL AUTHORITY IN CONTRAST WITH FOREIGN JUDICIAL AUTHORITY
Sniffer dogs are very proficient in the investigation by the police; they are considered as knowledgeable and highly trained animals as they have a tremendous olfactory sense, which helps to trace the offender. However, this evidence not been regarded as strong evidence unless the Court examined the reliability of sniffer dog’s skill, and his past patterns of performance were checked. The evidence of the Tracker dog is scientific evidence. The handler of the tracker dog must be highly trained to handle such dogs and can understand the body language of the dogs. In the case of R v Lindsay , it was seen that it is on the Dog handler to set up that a dog has been appropriately trained and that over a while the dog’s responses show that it is a reliable pointer to the presence of ascent from a particular individual, and then the evidence should properly be admitted. Initially, sniffer dog evidence was not admissible by all countries’ judicial authorities, but with time, in the modern era, courts have become considerably more receptive to it, provided that after carefully scrutinizing the dog and its handler evidence.
In India, evidence of tracker dog is placed in Court with the force of section 45 of the IEA, 1872 , which has the provision of the experts’ opinion. By this handler of a tracker, dog can be cross-examined to check the reliability of the sniffer dog’s evidence, and he can establish the credibility of the tracker dog. In India till now, Judicial authorities have not considered dog tracker evidence as influential in criminal proceedings. Indian authority on the dog tracker evidence had been disuniform from the past and in the present also.
In the case of Abdul Rajak Murtaja Dafedar v. State of Maharashtra , the Supreme Court of India gave two objections against the reception of dog tracking evidence. First, that dog cannot take an oath and submit himself for cross-examination; however, his handler can go to report dog evidence and this is hearsay evidence. Secondly, there is an unjust feeling that the liberty of human beings should not leave to be decided by dog inference. In this case, the evidence of the tracker dog was not admissible and it is opined by judges, even if admissible, is not usually of much weight.
The evidence of Sniffer dogs is not admissible unless there is other circumstantial evidence found to be reliable and corroborative to prove the same. In the case of Shaikh v. State of Maharashtra [4], the tracker dog led police to the house of the suspect, which was admissible with prior scrutiny and other circumstantial evidence present to support the dog tracker evidence. In this case, a more receptive approach to Sniffer dog’s evidence was imminent and gave the four guidelines which must be borne in mind while scrutinizing the tracker dog evidence. The service of Sniffer dogs has been ordinarily utilized by investigating agencies to trace the Culprits. Trained dogs pick up the scent of any object from the place of the crime scene and will trace out the root by which culprit would have gone to his bolt-hole. However, the evidence traced by dog tracker is not admissible in the court proceedings as there is a high possibility of an error on the part of the dog or its handler. In the case of Ramesh v. State of Assam , it was observed by SC that, “Investigating exercises can afford to make attempts or forays with the help of canine faculties but judicial exercise can ill-afford them.”
In a recent landmark judgment, the trial court convicted accused based on the five circumstantial evidence in which one circumstance is “the police Dog Squad proved the guilt of the accused persons,” later in the appeal, SC upheld the conviction, but that was done after excluding the evidence of Dog Squad. Now, this was settled as law in India, that the Sniffer dog’s services may be taken for Investigation, but it cannot be made to establish the guilt of the accused person. International authorities have considered that the evidence traced by the sniffer dogs should be admitted, provided that sufficient scrutiny must be done. The below cited are the case laws which settled the position of sniffer dog’s evidence in distinct international judicial authorities.
In the case of R v. Sykes [English Court of Appeal], it was found that evidence of the tracker dog should be admissible, provided that the dog handler able to prove the reliability of the dog and the correctness of the traced evidence. Patterson v. Nixon [Scotland’s Supreme Courts] found that the dog must have to pass through the rigorous test if he passed fit than his evidence could be admissible in Court. Authority also opined that the evidence of sniffer dogs should be taken into consideration bearing the circumstances of the particular case, as each case has different elements.
In the case of R v. Haas [Canada Court of Appeal], it was established that once the capabilities of the sniffer dog to follow the scent and the skills of dog handler are established, then the evidence is admissible. The qualification of the sniffer dog must be proved like the qualification of the expert’s opinion.
In the case of Florida v. Jardines [US Supreme Court], In this case, the authorities’ puts restriction on the use of sniffer dogs to investigate the home and its surroundings, as the 4th amendment to the US constitution, protects the citizens from unreasonable interference in their private property by the government. This judgment limits the use of sniffer dog skills to investigate.
In Conclusion, the evidence traced by the sniffer dogs is considered as the quasi-scientific evidence, which must be passed through scrutiny to make it admissible before the Court. The scrutiny must be done vigilantly for the strong base because if it proves false than it can be more inimical rather than probative. In the earlier time, the use of Sniffer dogs was not much and their evidence was also not admissible but with time, the use of sniffers while conducting the Investigation became usual and their testimony was also considered as a good piece of evidence in Court against the accused. However, Indian Courts are not receptive to it, they even today considered it as the weak type of evidence which cannot be admissible in court against the accused person because the dog has not been subjected to the system of checks and balances. Excluding India, other International judicial authorities [mostly] considered sniffer dog evidence as to the importance in the criminal law proceedings and the use of sniffer dogs is proliferating with time.
Conclusion
Police dogs prove to be very useful in investigations and much other work for the police. Other works like the detection of narcotics or some illegal substance, detection of bombs, catching a criminal or locating a dead body. Police dogs due to their powerful sense of smell make the work of officers easier and less cumbersome. These dogs undergo training and assessment before being able to work on missions. The pups who are around 12 to 18 months are preferred for such roles. Also, the physical fitness of the dog is taken into consideration. The dogs are imparted training keeping in mind the features of their breed.
Compiled & Shared by- Team, LITD (Livestock Institute of Training & Development)
Image-Courtesy-Google
Reference-On Request.
