Introduction

Crime scene, in terms of forensics or investigations, is referred to as a place where: –

• Victim and culprit met or came in contact with each other
• A place where the actual crime took place
• A place where any evidence regarding the case is found.

When we talk of the crimes in space, we not only include the outer spaces but also the crimes in aviation.

Aviation is also a crucial setup where investigations of crimes are very important as the destructions caused in aviation are way more than that in common land crimes. In aviation, we include airline rockets and also modern-day drones which are now becoming more and more useful in daily life.

Challenges in Crime Scene Investigations

Investigations in Space

Though crimes in outer space seem to be a very farfetched thought, it is becoming a reality with time. The first crime as seen by the world is in very recent times, where an astronaut was accused of cybercrime. When asked for clarification, it was known that no fraud was committed and the astronaut had just logged into her bank account just to see the balance. With such events coming to light, it is a good step to discuss the challenges of forensic investigations in such circumstances. Collection of crime scene evidence even on earth is a crucial task for investigators but when space comes into play, the task becomes more crucial and hectic.

Firstly, Law is of the land, i.e., different lands have different laws and different definitions of crime. When we talk of outer space, this is one of the major challenges that can be considered.

Secondly, not every astronaut can make a good forensic expert, and similarly not every forensic astronaut can be sent to outer spaces for evidence collection. Hence, lack of collection of evidence will again be a challenging factor. Also, with very few people being sent to spaces there will usually a very low possibility of any eyewitness too.

Third, the evidence where gravity plays its role in helping the substance adhere to surfaces tends to lose its existence. For example, any blood splash will remain as droplets in space, and hence no splash pattern will be formed and so no tracing of the crime can be possible in such events.

Fourth, Trace Evidence are those which are found at a crime scene in a very low quantity and of very degraded quality which is exchanged between suspect and scene owing to Locard’s principle, but these are the evidence which can play a very vital role in the decision making for the judiciary. When we talk, trace evidence in spaces, it becomes next to impossible. Debris, when found on a crime scene on earth, can be a very important observation but when we talk of space, debris is common and so it will not be good evidence. Also due to the lack of proper study of space particles, there is a very chance of ruling out a case on basis of just trace particles.

Cybercrime or crime linked to the internet is one field where forensic investigations are likely possible. Any communication from outer space to space agencies on earth is via the internet, so the hacking of this network will lead to disclosing of vital information. Satellites are also space bodies connected to earth via internet communications. Hacking of such machinery can imply mass disaster or capture of a whole nation within hours. Investigations of such crimes will have issues majorly based on lack of knowledge, lack of instrumentation, and also lack of strict laws against such crimes.

Investigations in Aviation

Crimes in airlines are usually an international affair because flights usually have passengers of different countries on board. The hijacking of the flights, flight bombings (suicide bombings), accidents of flights due to mismanagement of technical staff is some crimes seen in aviation industries.

Considering the situation of Hijacking a flight, the forensic investigation begins by tracking the Modus Operandi used. The modus operandi in this begins right from the planning part where messages are conveyed to the actual culprits via different mediums such as telephones internet and mails. Such emails may be destroyed after the message is conveyed and so it is difficult for the agencies to judged which terrorist organization was involved.

In cases where the bombing of the flights or accidents of the flights take place, there is usually fire and arson involved which in itself destroys the majority of trace evidence and what is left on the crime scene is just ashes.

Some major challenges commonly encountered in an aviation crime scene are: –

• The scene of the crime was already contaminated resulting in a huge loss of possible trace evidence because often the local people reach the remnants of the flight before the investigation agencies. In such cases, residents might destroy evidence.
• Instrumentation used for tracing minute evidence can be very large and so will become difficult in bringing different instruments to the scene. This would lead to ignorance of the trace evidence.
• A large paper trail is required for permission of investigations within international boundaries. This paper trail is time-consuming and hence within this time frame, a lot of volatile evidence is lost from the crime scene.
• Different geographical locations have different climatic conditions and some harsh conditions may destroy the forensic evidence which was otherwise helpful for the investigations.
• Local police are often the first official responder on the crime scene. But when in international waters, local police face a problem in communication with the eyewitnesses or the victims. Such communication barriers are a challenge in cases of terrorist attacks and hijacking.
• It is often seen that different forensic agencies face difficulties in working together as a team. This problem hinders the investigators in understanding the abilities of other fellow investigators and hence much evidence is lost due to the inefficiency of the team.

Drones in Forensic Investigations

Drones also called unmanned aerial vehicles are a revolutionary product of modern-day technologies. These products were majorly used in photography but new aspects such as package delivery are also being tried using drones. We are well aware of the fact that photography of a crime scene is one of the most important and basic processes used at a crime scene to capture all the evidence and the state of a crime scene as it is for future references. Photography with drones helps in capturing the crime scene without investigator having to step into a crime scene and helps in maintaining the integrity of the crime scene. The use of drones helps in capturing the crime scenes where an investigator can’t capture a photograph at proper angles. In aviation and space crimes, we see that the area to be covered can be very vast and hence not possible for an investigator to cover, in such situations, drones can be helpful in not only locating the scene of the crime but also taking appropriate photographs for references by the judiciary.

The drawbacks of using the drone as seen in today’s scenario are: –

• Licensing by official authorities for flying a drone in investigation areas
• The validity of the photographs by Drones in a court of law
• Possibility of drones colliding with low flying aircraft and hence causing a big accident.
• Management of flight timings with aviation control
• There are chances that terrorist organization uses drones as a bomb to conduct terror activities cross borders.
• Drones can also be used to locate the markings of armies which is very discrete information for the intelligence agencies of a country.
• When used in local or residential areas, there can be privacy issues amongst residents.

Space Laws

Space Law is defined as the law governing all space-related activities and exploration. The international law of outer space contains five elements formed in the general assembly of the United Nations.

1. The outer space Treaty,1967: – It bears the international responsibility for national space research activities, looks that the activity is within the set norms, and also imposes liability for any damage caused by the state.
2. Rescue agreement, 1968: – It deals with the rescue and return of the astronaut. Also, the return of the objects launched into space.
3. Liability convention,1972: – This convention details the liability of the launching state shall be liable to pay compensation for damages caused by its space objects. The most important point here is that not a person but the State he belongs to is held liable for launch.
4. Registration Convention, 1974: – The registration convention requires the launching State to address issues relating to State Parties Responsibilities concerning space objects and requires the launching State to maintain an account of the object launched by them in space.
5. Moon agreement, 1979: – This convention states that all celestial bodies should be exclusively used only for peaceful purposes and the environment should not be disturbed.

Space Law in India

Scientists have always been curious about outer space and such curiosity has also planted the seeds for the possible space war. Developed countries have already marked their territory in space by launching satellites. In the same trend, India also marked its presence by launching 104 satellites in outer space on February 15, 2017.

The country is stepping into an era of privatization and commercialization of space activities, expanding the capabilities in space exploration and scientific discovery. India has started to commercialize its capabilities to build satellites and offer launch services from indigenously designed and tested workhorse of ISRO Polar Satellite Launching Vehicle (PSLV). The ISRO has made huge advancements in space technology and put India on the world map as a major space-faring nation. Setting up Antrix Corporation, the commercial arm of ISRO resulted in the fact that India wants to establish itself as a powerful source in the international space market.

Considering the expanse and future possibilities of space activities in India, in 1997, the Department of Space framed the Satellite Communication policy,1997. It laid down the fact for the development of satellite communication, launch capabilities, and encouraging private investment in the space industry.

The current regime of India Space Law needs the immediate attention of the lawmakers of the country in developing the national space law.

Conclusion

Minimizing the challenges faced in the investigation of space and aviation crimes requires a formation of a specialized team or a rapid action task team. For conduction of a successful investigation of crimes in space and aviation crimes, it requires detailed evidence collection according to a planned procedure. This formed task team has to deal with a special crime and hence their collection process is also different from the common crimes as seen by the investigators. The team should have a well-defined SOP to act on the crime scene and should also have international permissions for easy and effective confiscation of the scene. These teams of different countries should also be trained by regularly conducting a drill in collaborations so that all the members are aware of different crimes and also are aware of the new technologies.

International Space Crime agencies and International Aviation crime agencies should be formed which should look at the laws and process of investigations. Every possible effort should be made, by all role players across the globe, to assist in procuring the successful prosecution of the perpetrators of space and aviation crimes.

References

1. Writer, B. (2020). The World’s First Space Crime May Have Occurred on the International Space Station Last Year. Retrieved 15 December 2020, from https://www.livescience.com/anne-mcclain-space-crime.html
2. Fouche, H., & Meyer, J. (2012). Investigating sea piracy: crime scene challenges. WMU Journal Of Maritime Affairs, 11(1), 33-50. doi: 10.1007/s13437-012-0020-7
3. Urbanová, P., Jurda, M., Vojtíšek, T., & Krajsa, J. (2017). Using drone-mounted cameras for on-site body documentation: 3D mapping and active survey. Forensic science international, 281, 52-62.
4. Space Laws in India – Legal Articles in India. Legal Articles in India. (2020). Retrieved 29 December 2020, from http://www.legalservicesindia.com/law/article/9/4/Space-Laws-in-India.