Section 176 of Bharatiya Nagarik Suraksha Sanhita, which amends Code of Criminal Procedure, makes forensic investigation mandatory in crimes carrying imprisonment of 7 years or more.
The Bharatiya Nagarik Suraksha Sanhita (BNSS), the new procedural criminal law mandating forensic investigation of certain offences, would put "immense stress" on laboratories, the Calcutta High Court stated last week. It directed the Union government to designate a laboratory at Kolkata as a central forensic science laboratory (CFSL) to help meet the requirements.
This [amendment] would bring unprecedented pressure on the already established central forensic laboratories and state forensic laboratories to analyze forensic samples, including blood and other fluids, for DNA testing, obtained from the occurrence site," the court stated.
The court then directed the Centre-owned Union government to declare Calcutta's National Institute of Biomedical Genetics (NIBMG), entirely owned by the Centre, as a "CFSL laboratory", to which the NIMBG scientists would be accredited "government scientific experts" status according to law, making them eligible as witnesses before courts.
The BNSS, replacing the previous Code of Criminal Procedure, has been brought in to "use technology and forensic sciences" and "reform" the criminal justice system.
To be specific, Section 176 of the BNSS, providing the procedural guidelines for criminal investigations, has added a provision, to be implemented within five years, mandating forensic evidence in some offences.
Here's ThePrint explaining the provision and when and how it will be implemented.
The provisions of the Act
Section 176 of the BNSS prescribes the overall procedure that investigation agencies are to follow after a crime, and the way a police officer comes to know about a crime and acts.
Sub-section 3 mandates the forensic authorities to collect forensic evidence from the crime scene for every offence which carries more than seven years of punishment. The forensic authorities will visit the crime scene after the police have gained information regarding the crime and collect the forensic samples, which would further be used by the police in order to conduct their investigation.
Where receipt of information is concerning the commission of an offence punishable with a term of imprisonment for seven years or more, the officer commanding a police station shall…order the forensics expert to proceed to the scene of crime to collect forensic evidence in the offence as well as for video recording of the process on a mobile phone or any other digital device, Section 176 (3) of the BNSS provides.
This sub-section will be in force and effective only after the concerned state government notifies a date for the commencement of the section. Once the date is notified by the state government, it must do so in the gazette and upon such notification, the section will commence and its provision will be enforceable.
The Act remains mute on the implication of state governments that do not notify a date for the coming into force of the section. After the states have taken action, in each offence for which an imprisonment of more than seven years is provided, it will be mandatory to conduct a forensic analysis of the crime scene on a direction by a police station in-charge.
Offences such as rape, child trafficking, murder, and dowry death, all of which draw sentences of more than seven years, fall under the purview of the additional requirement of collecting forensic evidence from the site of the crime.
If a state does not have a forensic laboratory to conduct such tests, the clause in the law allows a forensic testing centre located in another state to conduct them.
The erstwhile replaced criminal law system lacked fixed legal requirements for gathering forensic evidence from crime scenes. It depended on the state police whether or not there was a requirement for this kind of evidence.
There have been several concerns raised through the law, including the extensive coverage of forensic data collection including private individuals, the enhanced coverage of personal data collection, and exemptions restraining judicial oversight in forensic reports.
To meet the infrastructural demands brought by the new law, the Centre has set up the National Forensic Science University for enhancing the number of graduating forensic science personnel and scientists every year.
Such laboratories as the Central Forensic Sciences Laboratories (CFSL) in Delhi are similarly gearing up, training and special workshops to prepare their personnel, in the wake of the massive resources and infrastructure required for the successful deployment of the new law at scale.
