DNA & Forensics Necessary For Proper Investigation; Forensic Analysis Of Crime-Scene Under BNSS Puts Immense Pressure On Existing Labs: Calcutta HC

The Calcutta High Court has directed the central government to notify the National Institute of Bio-Medical Generics (NIBMG) as a Central Forensic Sciences Laboratory and its scientists as government scientific experts under Section 329(4) of the Bharatiya Nagrik Suraksha Sanhita (BNSS) to undertake DNA and other forensic examinations of samples for effective implementation of the new procedural law.

The Court noted that since DNA and forensic analysis are crucial to any investigation, the additional requirement for forensic analysis of a crime scene under the BNSS would put immense pressure on the existing State and Central Forensic Laboratories.

A division bench of Justices Joymalya Bagchi and Gaurang Kanth held:

Section 176(3) of BNSS provides for forensic examination of crime site in cases involving punishment for seven years and more. This would put immense pressure on the existing Central Forensic Laboratories and State Forensic Laboratories to analyse forensic samples particularly blood and other body fluids for DNA analysis collected from the place of occurrence. National Institute of Bio Medical Generics (NIBMG) is one of the premier institutions in the matter of research in human DNA. It has requisite infrastructure and qualified persons to carry out forensic DNA analysis in criminal cases. The institute is wholly owned by the Central Government and there is no legal embargo in notifying the scientists attached to the institute as 'Government Scientific Experts' under Section 293(4) of the Code of Criminal Procedure for analysis of DNA samples.

The Court was perusing a report by the Union counsel regarding the implementation of new and emergent techniques in DNA analysis and other forensic sciences.

It noted that the report stated that a committee had been constituted to examine the issue and that DNA and other forensic analyses were necessary for effective and proper investigation.

Court noted that in all cases involving rape, it is the mandate of law that DNA analysis is to be done to identify the offender. It also noted that with the implementation of the BNSS, the existing pressure on the forensic laboratories would be further intensified.

Accordingly, it directed for the NIBMG to be notified as a CFSL lab due to it being completely owned by the central government.

Case: Research In Human Dna. It vs Unknown

Case No: WPA/22702/2011