Capacity Building In Forensic Sciences Necessary To Effectively Implement BNSS Provisions: Calcutta High Court

The Calcutta High Court has held that capacity building in the arena of forensic science is a sine qua non for effective and proper implementation of the provisions of Bharatiya Nagarik Suraksha Sanhita (BNSS) which emphasizes on use of forensic science in investigation.

A division bench of Justices Joymalya Bagchi and Biswaroop Chowdhury further elaborated on the various provisions of the BNSS which invoke the use of forensic sciences in the course of investigations, while observing that the current capacity of the existing forensic science laboratories (FSLs) was inadequate.

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. Needless to mention capacity of CFSL and SFLs are inadequate to meet the burgeoning demand of forensic investigation, the Court observed.

Upon noting the emphasis placed on forensic examination by BNSS, the Court had earlier observed that this would put more pressure on existing laboratories and had directed for the National Institute of Biomedical Genomics (NIBMG) to be notified as a central FSL.

However, upon perusing a report from the NIBMG Director, the court noted that none of the scientists of NIBMG were trained in handling criminal forensic samples, but that the faculty were trained in genomics, genetics, microbiology, infectious disease biology, cancer biology, cell biology and biochemistry.

Court stated that although it had directed for the NIBMG to be notified as a central FSL to ease the load on existing laboratories, the director had taken a stance that the scientists working there did not have training in criminal forensic samples.

Accordingly, the Court called for an affidavit detailing the names of the NIBMG faculty, their qualifications and experience. It further took note of a report sent by the director stating that as per the mandate of the Union Cabinet, NIBMG can be used only for research purposes and not to carry out DNA analysis in criminal cases.

In view of the stance taken by the Director, we request the Principal Secretary, Ministry of Home Affairs to take up the issue with the Principal Secretary, Department of Science and Technology so that forensic facilities in research/educational institutions like NIBMG be utilized for effective implementation of the new laws, the Court said.

Case: Research In Human Dna. It vs Unknown

Case No: WPA/22702/2011