ROLE OF FS IN INVESTIGATION - AN OVERVIEW

 Role of forensic science in crime  investigation under BNSS

I draw your attention to the Delhi blast which killed 13 and identified Pulwama doctor likely sole car occupant, 

though the body of the terror suspect was blown to pieces.

the NIA has collected DNA samples from all the pieces found in the scene and collected samples from the relatives of the 

suspect doctor and is going to match them to establish his identity.

they are analyzing the exlosive material on the spot and in the lab to establish that it is ammonium nitrate , 

and trying to match it with  ammonium nitrate found in faridabad hideout a few days earlier. they will find 

a match between the two.

the entire process of evidence collection was being videographed , parts of the bodies of various dead persons are being 

taken up for DNA fingerprinting to establlish their identity if normal methods do not yield identity.

this is role of forensic science in todays crime investigation .

in nithari case 2006, a burnt body in a burnt car yielded drop of blood in fingernails of victim and hair strands attached to 

weapon , and a dental match ,which established murder where a accident was staged by the culprit and body was fully burnt.

in arushi talwar case in noida in 2008 , the entire crime scene andd evidence was compromised  by the failure of police 

to protect the crime scene and allowing media to prematurely enter the area and it led to suspects going scot free. 

initially the police bungled the investigation  by allowing media into the crime scene

- not preserving crucial evidence, and failing to follow basic forensic protocols in evidence collection. 

even when forensic reports like narco analusis were later 

conducted , their evidentiary value was disputed in high court , eventually due to contradictory findings and 

lack of clear forensic backing the allahabad high court acquitted the parents due to lack of conclusive evidence.

glaring need for forensic intervention which is needed

you wont argue law but argue evidence in court

forensic is your ally in court 

BNSS strengthens role of forensic science in indias criminal justice system 

it shows shift towards evidence based investigation and justice .

in practice, it is integratino of scientific techniques within the judicial processes to estabish a crime 

beyond all reasonable doubt.

 

by applying science to ccrime scene analysis and evidence evaluation, forensic sciennce suppports investigaitons 

and plays a crucial role in presenting reliable fool proof evidence during court procedings .

it uncovers the truth behind criminal activity .

it provides credible objective evidencde collection tools and presentation tools in court of law.

it helps in reconstruction , interpretation  of legal questions in court of law.

dual challenge : solve crimes fast, uphold constitutional values, huge backlog

outdated investigative methods , overreliance on oral evidence and lack of material evidence to support the case.

criminals outsmart police methods 

forced confessions and third degree tactics - remnants of colonial policing are ineffective in the new landscape.

in this context forensic science becomes vital.

it offers objective, tamper proof and constitutionally sound evidencce that enhances both accuracy and credibility, 

admissibility 

of invetigation results .

 forensic tools are no more optional but essetial to criminal investigation .

BNSS mandates scientific investigation for offences punishable with seven years or more under sec 176[3]

mandatory crime scene videography, digital evidence documentation, and mobile forensic units at the district level marking a

shift from discretion to statuttory duty in using forensics in crime scene.

broad move from coercive to evidence based on scientific  methods of collection.

it aligns with global standards .

judiciary has approved this in cases like SELVI V STATE OF  KARNATAKA 2010 where SC upheld the need for voluntary and 

scientific evidence and rejecting coercive techniques like narco analysis. it approved scientifically objective tools 

when used with consent and procedural safeguards hold immense evidentiary weight in ensuring fair trial , 

 the transformative role of DNA evidence was powerfully illustrated  in MUKESH V STATE 2017 known as NIRBHAYA case .

DNA PROFILING, BIOLOGICAL TRACE ANALYSIS, CC TV FOOTAGE, WERE critical in linking the accused to the crime scene.

state o fmaharashtra v DAMU 2000 the court upheld hte convicton based solely ob DNA evidence that placed the accusd at the scne

affirminbg the credibility of forensic techbiques  over circumstantial gaps in investigation.

SC had earlier recognised the role of expert opinion in the S GOPAL REDDY V STATE OF AP , 1996,

in matters ballistics , scientific input was seen as crucial in reconstructing crime scene.

 bhanwari devi case 2011 where skeletal reminas -  initially unnidentifiable - were matched conclusively using DNA FP.

this allowed the investigaiton to proceed despite the absence of complete body show casing how forensic science can

rescue stalled investigation. 

STATE OF UP V RAMBABU mishra 1980 THE COURT emphasized the importance of court testimony of expert .

integration of forensic science is not just legal reform but constitutional obligation .

scientific truth  becomes legal truth .

forming a backbone of modern just criminal justice system.

MODERNISING INVESTIGATION , FORENSIC PROVISIONS IN BNSS 2023

CHALLENGES :SLOW TRIAL , LOW CONVICTION RATES, UNRELIABLE  EVIDENCE COLLECTION PROCESSES.

LOW CREDIBILITY IN COURT PROCEDINGS AND REDUCED PUBLIC TRUST AND ALLOWED CRIMINALS TO WALK FREE.

BNSS 2023 :

significant feature  is emphasis on use of forensic science in criminal investigation.

forensic tools are no lonnger seen as optional aids or auxiliary techniques, 

they have now been integrated as an esstial tools legally mandated components of the criminal justice process .

various sections BNSS mandates a scientific , technnology driven, transparent approach to investigation

by transforming the traditonal framework of evidence gathering .

move away from archaic and subjective methods of investigation to a m odern evidence based and objective systen rooted in 

forensic expertise.

it reflects the growing recognition that scientific procedures and expert analysis , are indispensable to uncovering the truth

for fair trial and protecting the rights of both victim and accused .

KEY PROVISIONS 

176[3] Mandatory forensic examination and videography of heinous offences 

it marks a watershed moment in the evolution of criminal investigation in india.

it introduces compulsory forensic role - whenever officer incharge of police station receives inforatino about 

the commission of a cognizible offence punishable with improsonment of 7 years or more , the IO must necessarily secure 

the presence of forensic expert to visit the crime scene.

it is not discretion of the officer , but it is a statutory mandate, establishing forensic involvement as a legal duty 

rather than a procedural formality 

no longer can cases involving grave offences such as murder rape acid attack dowry death terror related acts 

proceed on the basis of mere oral testimonies or conventional police interogatino techniques 

entire process of evidence collection at the crime scene to be videographed .

real time visual documentation adds a new layer of credibility and transparency to the investigation .

ensures  that what is recorded on video cannot be easily altered , manipulated , or disputed in court thereby 

protecting the integrity of evidence and fair trial requirement.

incorporation of visual and integrated forensic protocols serves 

inject scientific objectivity into the investigative processes where trained forensic professionals analyze 

physical evidence without personal bias .

it establishes a clear and traceable chain of custody minimising the scope for evidence tapering fabrication or wrongul alle

allegations.

crucially this shift also seeks to address deeper structural flaws in indias policcing culture, particularly 

the over reliance on confessions and custodoal interrogations.

historically sch practices  have not only raised concerns about human right violations and also led to unreliable outcomes .

sec 176[3] aims to reduce the incidents of custodial torture , forced confessions, by ensuring that convictions are secured 

on the basis of scientifically gathered , independently verifiable , evidence .

this provision, aligns indias invetigative procdures with global best practices where forensic science forms the basic bac bone 

of investigation and criminal justice system.

countries with robust forensic systems tend to have higher conviction rates in seriouis crimes and fewer instances of wrongul 

conviction - a goal india aspires to achieve through this reform.

this section more than impose but institutionalises scientific rigour in criminal jsutice system by mandating 

both forensic aalysis and video recording , it ensures that truth is unvoered through evidence that is not only 

credile but also independently verifiable .

enhances justice delivery 

193[2][i] digital evidence and chain of custody : it introduces critical safe guard to ensure authenticity of the electronic and digital evidence

the police submit the final report under 193, they must ibclude in it a clear and complete chronology of custody in respect  of 

any electronic devices or digital materials seized during the investigation.

this is chain of custody.

chronologically documentation or paper trial that reccords the sequnce of custody , cobtrol , transfer , analysis ,

and disposal of physical or electronic evidence material.

ensures that digital devices , such as mobiles, compuers, laptops, hard drives, pendrives, cctv footage, GPS trackers 

are not manipulated or tampered with while they are in police custody.

it provides legal mechanism built in mechanism of accountability , ensuring that the digital evidence submitted in the 

court can be relied upon and trusted and treated as authentic and untampered .

courts around the world have emphasized the importance of chain of custody, in ensuring , the adminssibility

and evidentiary value of digital mateirals and BNSS brings indian law at par with global standards .

105 audio - visual recording of search and seizure 

whenever a police officer conducts a search or seizure at any place whether it is a house vehicle or premises or any public space

the entire operation must be recorded on video.

the seized items - whether they are physical objects like weapons , documents , drugs , cash, or digital devices - must be listed

and documented in the presence of two respectable witnesses, - local residents or persons known to be reliable .

the list of seized articles, the video footage and all related documentation, must be forwarded to the nearest magistrate , 

without unnecessary delay.

the inclusion of this provision has two goals : firstly it safeguards the rights of the accused , and property owners 

who may other wise , allege the police of illegal search or seizure

it acts as a check on the police machibery with the powers of search and seizure are not abused .

 importantly, this also improves the credibility of hte prosecution case,since the cgain of events is now documented

on ccamera and not merely based on oral statements or paper records .

secc 329: admnissibioity of reports by scientific experts :

increased reliance on scientific evidence, sec 329 deals with the admnissiblity of reports porepared by govt scientific 

experts . 

notified under law .

any report submitted by such experts in the coure of investigation is admissible as evidence in court 

it is not necessary for the exprt to appear in person unless the court specifially requres to cross examnibe 

the provision even allows, for the examiatoin of expert through audio visual means such as video conferencing 

if personal appearance is not possible .

this is significant departure from ealier practice where expert testimony was often delayed due to logistical challenges 

simplified streamlined process of expert report admission, bottlenecks removed 

51,53 sections : medical examination of accused and the use of DNA profiling .

they empower police officer to request a RMP to conduct the examniation of a person under arrest especially when suh examibation is 

likely to yield evidence , relevant to the offence .

they provide for the collection of biological speciments, including blood, semen, hair, swabs, nail clippings, for DNA where n

necessary.

the examination may include swabs for semen detection and nail clippions for detectinbg struggle, and DNA PROFILING to match

the accused with the biological evidence found on the victim or at the crime scene.

provisions take into account gender sensitivity stating that if the accused is a woman medical exam must be conducted 

by  or under the supervison of a female medical officer .

this ensures that the process is not only legally vaiid but also humane and respectful of bodily dignity.

497 : disposal of property and preservation of evidence 

 provides the courts with the authority to decide how to dispose of , preserve, or manage property or mateiral 

seized during an investigation.

this inlvudes perishable items like food , or biological samples, as well as sensitive forensic evidence subh as 

blood stained cloths,narcotics, digital evidence .

it is vital because trials in india , are prolonged and during this time, the risk of degradation or contamination, or 

loss of evidence is high.

by empowering courts to determine the appropriate methods of preservation, or even disposal [ with proper documentation]

the BNSS seeks to preserve the integrity of forensic evidence and avoidig miscarriage of justice.

impact of forensic mandates under BNSS on CJS

inclusion of mandatory forensic practices is not just a procedural upgrade, it carries far reaching impliations 

how justice will be investigated,processed , and delivered in india .

1. scientific accuracy and objectivity in investigation- major shift by introducing into the court of criminal investigation 

- evidence , new digital foot printns with time stamps, verifiable data - far  more reliable than oral testimony which can be easily biased or mannipulated 

trugth through neutral factual analysis

2. transparency and institutional accountability :

mandates videographic documentation of crime scenes of evidence collection bringing poice procedures under a digital lens.

3. clear chain of custody

4. visual record 

5. improved conviction rates and speedier justice delivery 

forensic evidence being scientific and verifiable helps establish guilt or innocence with greater certainty especially in serious 

crimes where eye witnesses are unreliable or unavailable .

by reducing dependence on confessions , - esp those obtained under duress  - and emphasizing factual proof , the BNSS empowers

prosecutors and helps court reach decision faster .

this leads to fewer delays , better conviction rates , and improved public trust in justice delivery 

6. protection of human rights and dignity of accused and victims 

forensic centric approach protects the rights of both accused and victims 

it incorporates gender sensitive norms - requring a female officer during examnination of female victim or accused , 

medical and forensic procedures must be conducted legally and respectfully 

it reduces custodial torture guarantees due process 

rule of law based on technology , fact based, judicial trends supporting the role of FS 

indian courts ahve consistently acknowledged the value of FS in strengthening the accuracy and reliablity

and integrity of criminal investigaitons -  principles now formally embedded in the BNSS 

conclusion:

SYNERGY between judicial foresight and staturoty reform marks a progressive step towerds more reliable and technologically 

empowerd CIS.

implementation challenges :

way forward for FS under BNSS 

DESPITE THE PROGRESSIVE MANDATE UNDER SEC 173- making forensic investigation mandatory in serious offences 

its implementation faces multiple systemic hurdles 

shortage of well equpped forensic labbs 

existing labs at central and state are overburderened and uder resoucd ,, causing signnificant delays 

raising concerns over the reliabilityu of forensic analysis 

 critical lack of trained experts  in toxicology digital forensic, forensic pathology in rural and semi urban areas  where 

forensic infrastruture is weak or absent .

lack of standardized procedures and accreditation by NABL - leading to inconsistency in evidence quality and challenges 

to admissiblity in courts 

inadequte traibibg among law enforcemet personnel , in crie scene anagemebt and evidenc preservation, often results in 

mishandling or contamination , weakening the probative value of crucial forensic evidence .

multipronged strategy like establishing RFSL, with modern equipmebt  can decentrlize servies annd relie=ve the burden of 

central and state forensic facilities ensuring faster and localised investigation .

 recruitment of qualified forensi professionals and structured trainibg programs for poice andb judiciary are critical to ensure 

 investigative competence .

institutional mechanism like FORENSIC OVERSIGHT BOARD at both state nad national leval shoud be ccreaed to enforce quality

standards, conduct audits , and uphold ethical practices .

the integration of emerging technologies uch as AI , block chain, for securing digital chain of custody and automation in lab work flow

further can enhance accuracy, efficiency, and transparency .

raising public and institutioal awareness about the reliabiity and role of forebsi sciennce is key to fosterig trust 

and promoting a shift towards evidence based - science led justice delivery 

towards a science led system. CJS . FROM SUPPORTIVE TO CORE PILLAR OF CJS

where evidence not conjecture guides the path to justice .