HC asks Centre to utilise forensic facilities in research institutions

MP, 29 July 2024, Kolkata: The Calcutta High Court has asked the Central government to ensure that forensic facilities in research/educational institutions are utilised for effective implementation of the new criminal laws. 

The division bench of Justices Joymalya Bagchi and Biswaroop Chowdhury is learnt to have made the following observation: “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, the capacity of CFSL and SFLs are inadequate to meet the burgeoning demand of forensic investigation..” 

The court was perusing a report from the director of National Institute of Biomedical Genomics (NIBMG) when it noted that none of the NIBMG scientists were trained in handling criminal forensic samples but were instead trained in genomics, genetics, microbiology etc. 

Earlier, the court on noting the emphasis laid on forensic examination in Bharatiya Nagrik Suraksha Sanhita (BNSS), had observed that this would put more pressure on existing laboratories and had directed NIBMG to be notified as a central forensic lab (FSL). 

The court called for an affidavit detailing the names of the NIBMG faculty, their qualification and experience and took note of the declaration in the report that NIBMG can be used only for research purposes and not for 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 utilised for effective implementation of the new laws, the Court said. 

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