Calcutta High Court: The petition was taken up by the Court on its own motion due to the increasing pressure on existing forensic laboratories to handle the growing volume of DNA and forensic analyses required by the imminent enforcement of the Bharatiya Nagarik Suraksha Sanhita (BNSS) from 01-07-2024, which mandates forensic examination in serious criminal cases, highlighting the need to enhance forensic capabilities and resources by recognizing the National Institute of Bio Medical Generics (NIBMG) and its scientists as ‘Government Scientific Experts’ under the Code of Criminal Procedure. A division bench of Joymalya Bagchi and Gaurang Kanth, JJ., directed Union of India to take necessary steps in notifying National Institute of Bio Medical Generics (NIBMG) as a Central Forensic Science Laboratory (CFSL) and the Government scientists attached to it as ‘Government Scientific Experts’ under Section 293(4) of the Code of Criminal Procedure (Section 329(4) BNSS) to undertake DNA and other forensic examinations of samples for effective implementation of the legislative intent of the new procedural law with regard to use of forensic tools in investigation.
The filing of the petition was primarily driven by the need to ensure effective and proper investigation in cases involving serious crimes, particularly rape, where DNA analysis plays a critical role in identifying offenders. The existing forensic infrastructure, specifically the Central and State Forensic Laboratories, faces immense pressure to handle the increasing volume of forensic samples requiring DNA analysis. This pressure is expected to escalate with the enforcement of Section 176(3) of the BNSS, which mandates forensic examination of crime sites in cases involving punishments of seven years or more. Considering these challenges, there was a clear necessity to enhance forensic capabilities and resources.
The Court observed the crucial role of DNA and other forensic analyses in criminal investigations, particularly in cases of rape. It emphasized that DNA analysis is legally mandated to identify offenders in such cases. The impending implementation of the BNSS was noted to add significant pressure on existing forensic laboratories. The Court recognized the National Institute of Bio Medical Generics (NIBMG) as a premier institution with the necessary infrastructure and expertise for conducting forensic DNA analysis. As a wholly government-owned institution, there are no legal barriers to notifying its scientists as ‘Government Scientific Experts’ under Section 293(4) of the Code of Criminal Procedure (Section 329(4) of BNSS).
The Court directed the Union of India to take immediate steps to notify the NIBMG as a Central Forensic Science Laboratory (CFSL) and to recognize its scientists as ‘Government Scientific Experts’ under the relevant sections of the Code of Criminal Procedure and BNSS. This notification is crucial for the effective implementation of the legislative intent behind the new procedural law, ensuring that forensic tools are adequately utilized in investigations. The Court further directed that a copy of this order be communicated to the Principal Secretary, Home Affairs, and the Director of NIBMG for necessary compliance.
[Court on its motion v. State, 2024 SCC OnLine Cal 6610, decided on 14-06-2024]
Advocates who appeared in this case:
Mr. Imtiaz Ahmed Mrs. Ghazala Firdous Mr. Mofakkerul Islam Mrs. Smita Saha Sk. Sahidullah Mr. Mithun Mondal Md. Arsalan, Advocates for the petitioner
Mr. Debasish Roy, Public Prosecutor Mr. R D Nandy, Addl. Public Prosecutor for the State
Mr. Sourav Chatterjee Mr. Anish Kumar Mukherjee for the UOI
Buy Code of Criminal Procedure, 1973 HERE
