Rehan Khan
The Calcutta High Court has underscored the critical importance of enhancing capacity in the field of forensic science to ensure the effective implementation of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which emphasizes the use of forensic science in criminal investigations. A division bench comprising Justices Joymalya Bagchi and Biswaroop Chowdhury elaborated on various provisions of the BNSS that mandate forensic examination during investigations while noting the current inadequacies in existing Forensic Science Laboratories (FSLs).
“Section 176(3) of BNSS envisages forensic examination of the crime site in cases involving offences punishable for seven years or more. Section 184 of BNSS provides for mandatory medical examination of a rape survivor including DNA analysis. The aforesaid catena of provisions impose an onerous duty on the State to ramp up state of the art forensic laboratories.”, the Court observed.
Recognizing the emphasis BNSS places on forensic examination, the Court had previously directed the National Institute of Biomedical Genomics (NIBMG) to be notified as a central FSL to alleviate the pressure on existing laboratories. However, a report from the NIBMG Director revealed that the scientists at the institute lacked training in handling criminal forensic samples. The faculty’s expertise lies in genomics, genetics, microbiology, infectious disease biology, cancer biology, cell biology, and biochemistry, not in criminal forensics.
Given this, the Court requested an affidavit detailing the qualifications and experience of NIBMG faculty members. The Court also noted a report from the NIBMG Director stating that, according to the Union Cabinet’s mandate, NIBMG is designated for research purposes only and cannot conduct DNA analysis in criminal cases.
In response, the Court urged the Principal Secretary of the Ministry of Home Affairs to collaborate with the Principal Secretary of the Department of Science and Technology. The goal is to find a way to utilize forensic facilities in research and educational institutions like NIBMG for the effective implementation of the BNSS provisions.
Case name: Research In Human Dna. It vs Unknown
Case no.: WPA/22702/2011