Personal Identity

Dr M. HAMMAD

Personal Identity• It means establishment of

individuality of a person.• In medico-legal cases identification is

very important in living as well as in dead.

• May be1) Complete identity2) Incomplete or partial identity

Complete Identity

•Absolute fixation of individuality of a person.

•When the person is known by his name with complete address it is known as complete identity.

Incomplete identity• In certain circumstances only other

details like age, sex etc can be established that is called partial identification.

Medicolegal aspects

In living , in civil courts, identification is required in cases:

• Marriage• Disputed sex• Inheritance• Insurance• pension• any crime , such as murder, rape,

assault

Medicolegal aspects

In dead, identification is required:

1. In cases of fire, explosion and accidents.2. When an unknown dead body is found.3. In cases of decomposed bodies,

fragmented bodies, mutilated body or skeletal remains.

Corpus Delicti• Means body of offence or body of

crime.• In case of homicide, it includes:

1) Positive identification of dead body2) Proof of its death by the criminal act of

the accused.

• National Identity card ( N.I.C.)• Facial photograph• Identity mark like mole and scar.• Signature• Thumb impression• Address.

• When identity card not available• Difficulty arises in cases of :

Victim of traffic accidentLost memory patientWanted criminalsAbsconding soldiersMixed up babies in maternity wardCases of impersonation.

Methods of determination of personal identity

• Three methods

1)Third party method2)Subjective method3)Objective method

Third party method• Most commonly used.• Two principal parties : An examiner &

examinee• Relative or friend --- third party• Name ,N I.C no. of examinee.

• Relationship with examinee.

Subjective method

• When third party is not available--- morphological data of examinee collected.

Subjective method

Morphological data collected from:1. Physical characters of body,

( like facial features)2. Belongings of examinee

Subjective methodAt the time of Medicolegal examinationclues or characters recorded in fullest detail.• Personal identity data can be classified as :

1) Anatomical data.2) Physiological data3) Pathological data/parameters4) Genetic data

Anatomical parameters.• Primary data : which present at the time

of birth.• Secondary data; which develop and

appear subsequently at various stages of life. Like secondary sex characters and degenerative changes.

• Physiological parameters are gait, voice, tone and manner of speech.

• Pathological parameters are about diseases like eczema, scars or calcified fibroid.

• Genetics parameters like blood groups, barr bodies.

Objective Method

• Utilization of morphological data and belongings data

• Useful in cases of decomposed and mutilated remains

• Remains are sorted to separate Biological and Non-biological materials

• Non biological materials• Biological stains or traces

• Biological group includes body fluids and tissue. Like hair, nails, blood, saliva, semen, CSF, urine, vomit, excreta.

• Non biological group includes;• Clothes, wristwatch, purse• Leaves, grass, • Bottles, tablets, bullets, pellets etc.

Parameters of Identification1. Age2. Sex3. Race4. Anthropometry (Bertillon’s System)5. Identity marks

a. Congenitalb. Acquired

6. Dental Data7. Hair and eyes8. Dactylography9. Blood components

10. Diseases11. Possessions12. Photographs

• Medicolegal dictum At least two important marks of

identification must be noted Where no distinct mark is available , left

thumb impression may be taken

E. Locard introduced the concept of use of the trace evidence as means of personal identity.

• Locard`s exchange principal states that:• Every contact leaves a trace• Exchange of trace is a two way process.

Trace evidence is material left on the scene or body of a victim or assailant, which subsequently helps in identification of the source from where it has originated.

• Like biological and non biological group.