PIL In Supreme Court Seeks Strengthening Of Forensic Science In Criminal Investigation & Appointment Of Forensic Experts

A PIL has been filed before the Supreme Court of India seeking directions to the Union of India to improve the method of investigation by using forensic science and scientific techniques.

The writ petition has sought directions to strengthen the role of forensic science in crime scene investigation and to implement the Malimath Committee's  2003 suggestions for efficient investigation in criminal cases through forensic experts and advance technologies.

The Malimath Committee, headed by Justice V.S. Malimath, former Chief Justice of the Karnataka and Kerala High Court, was constituted by the Government to suggest reforms in the criminal justice system and had submitted 158 recommendations in 2003.

The petition has been filed by Advocate Shrikant Prasad and a final year law student Vishal Patel.

The petitioners have sought directions to the States and Union Territories to make urgent appointment of forensic experts in every district with at least one forensic expert in each police station. 

Further directions have been sought to the States and Union Territories to make rules and regulations related to forensic science for evidence tracing and crime scene analysis and direct the DGP/C.P to visit each and every crime scene along with the forensic expert for such tracing.

The petitioners have urged the Court to direct all States and UTs to start mobile forensic laboratory in each district according to the number of police station for preserving the evidences and make basic forensic kit available for evidence tracing in each police station. 

The petition has also sought directions to the State to improve and increase the academic of forensic science by creating forensic science courses in every college with faculty having forensic expertise.

Further, an amendment to Section 157 of CrPC has been sought in terms of forensic scientific investigation with the help of forensic experts.

The petitioners have stressed the need for the forensic laboratories to be independent without any interference from any department, unlike the present situation when the India, the forensic science laboratories are either under their home department or under the police department.

According to the petitioners, the situation of forensics science in the Indian criminal justice system is at stake and there is no availability of forensics experts with the police department.

The petitioners have pointed out that in India most of the time in the case of criminal justice, the innocents are punished and due to this reason, the reforms need to be improved and effective. Hence, the Committee known as the 'Malimath Committee' recommended that the forensic science needs to be given importance in investigations and criminal procedures.

The petitioners have stated that there are only 6 central forensics science laboratories in India but those laboratories are running according to their own satisfaction without any efficient and proper mechanism.

The petitioners have submitted that in India there is very little manpower in the forensics laboratories,and none of them is an expert with experience and any expertise in the forensics science domain. 

Case Title: Shrikant Prasad & Ors vs Union of India & Ors