Revamping forensic evidence systems

Collecting strong forensic evidence for submission as irrefutable evidence in the court is crucial for criminal justice delivery. The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has made provision for visits of forensic experts to crime scenes for serious offences and the collection of evidence in offences which are punishable for seven years or more to strengthen the case and investigations. The BNSS, 2023, has also made the videography of the process of evidence collection at the crime scene mandatory to prevent tampering of evidence. Rising incidents of serious crimes demand the deployment of more forensic experts and trained professionals and the strengthening of forensic infrastructure across the country for ensuring timely delivery of justice through speedy trials. Shortage of trained forensic professionals will increase the workload on the existing manpower, and compliance with the BNSS provisions will be difficult, and this will have a cascading impact on strong evidence collection. Weakened evidence collection leaves scope for criminals to exploit the situation and escape prosecution, as courts may dismiss cases due to unreliable evidence. The establishment of off-campuses of the National Forensic Sciences University at Guwahati and Agartala has brought the northeast region into the national focus on producing quality and trained manpower in forensic science, which is a laudable initiative. These campuses are currently operating from transit campuses, and expeditious construction of the permanent campuses will attract more students from the region to choose forensic science as a career option. The States and Union Territories leveraging the central government’s Scheme for Modernisation of Forensic Capacities with a total outlay of Rs 2080 crore is critical to developing their high-quality forensic science facilities for modernisation of machinery and equipment, besides facilitating availability of trained manpower in these laboratories. Official data shows that so far, funds to the tune of about Rs. 215 crore have been approved for modernisation/upgradation of laboratories, and about Rs. 344 crore have been approved for mobile forensic vans for all districts and State FSLs under the scheme. With the scheme period coming to a close in 2028-29, more emphasis should be laid on timely and judicious utilisation of funds approved and earmarked. The government has so far notified 18 central and state forensic science laboratories as examiners of electronic evidence for providing expert opinion on electronic forms of evidence before any court. None of the forensic laboratories in the region figuring in the list point towards these laboratories not meeting the criteria and standards for notification as laid down in the scheme formulated by the Ministry of Electronics and Information Technology. The notified criteria and standards include the availability of a proper laboratory quality management system based on international standards; reasonable experience to demonstrate their overall competency and expert opinion on digital evidence; the availability of technical, skilled professional manpower in digital forensics; licensed tools; equipment; and the availability of a suitable environment to carry out such evaluations, among others. Strengthening of the central forensic laboratories helps in strengthening overall forensic evidence collection and analysis for the entire country, but the States strengthening their own forensic laboratories is crucial for investigating agencies of the States to build capacity to keep pace with the changing crime landscape and rise in serious offences. The establishment of a dedicated cyber forensic science laboratory at Guwahati on the lines of the National Cyber Forensic Lab, Hyderabad, among six such laboratories across the country under the umbrella scheme on “Safety of Women”, is a significant advancement in capacity building in the state and the northeast region. Operationalising an e-Forensics IT platform, which connects 117 forensic science laboratories (central and state) in the country, is another key measure to incorporate new challenges faced in ensuring a crime-free society. The crime landscape has drastically changed with the rapid spread of digital technology, and the alarming rise in cybercrime calls for building capacity in cyber forensics to deal with the emerging situation. Building the capacity of prosecution lawyers to understand nuances of forensic evidence collection and analysis is also essential so that evidence presented in the court is backed with strong arguments to make it irrefutable by lawyers engaged by the accused for defence arguments. The prosecution lawyers having the capacity to explain the technical and complex forensic evidence provided by forensic experts to the court is pivotal to making the arguments persuasive for judges and helping them pass deterrent and landmark judgements. The criminals being meted out exemplary punishment is critical to deter crimes, but often due to failure to establish the evidence, the defence lawyer manages to convince the court about a flaw in the evidence presented. The strengthening of the criminal justice delivery system, therefore, needs to focus on building the capacity of the judiciary and lawyers to understand finer details of scientific evidence, along with strengthening forensic science laboratories with adequate manpower and equipment. A holistic approach to overhaul forensic evidence collection and analysis is an urgent necessity at this juncture.