Ensure Role of Forensic Science in Criminal Investigation: Plea Filed in Apex Court

(Judicial Quest News Network)

A Petition has been moved before the Supreme Court of India seeking to implement the Justice V.S Malimath Committee Report submitted to the Ministry of Home Affairs in 2003, reforms of Criminal Justice System.

The plea is filed by Shrikant Prasad (newly enrolled advocate, Delhi)

Vishal Kumar, Srikant Prasad final year law student, Campus Law Centre, Faculty of Law, University of Delhi.

The petitioners submit that solving a criminal by efficient investigation officer with the help of Forensics Science and advance technology is a blessing for reaching the conclusion by courts as earliest.

IN today era there is no apprehension in the mind of criminals in committing the crime because only 16 percent of people booked for criminal offences are finally convicted, low rate of convictions points to the inefficiency of the criminal justice system of India. There are several reasons States the Petition

The Petitioners further submits that Destroying of evidences from the crime scene by non-lifting Non preserving of crime scene which allows mitigating of evidences which causes lack of evidences in the hand of prosecution and takes years and years for disposing of the cases and ultimately either on the benefit of doubt or due to lack of prima facie evidences (which are not lifted from scene due to unskilled police officers ) the accuse gets acquitted hence conviction rate reduced ,this laxity had ousted the fear from the mind of criminals.it was not possible for investigation and evidence tracing when the crpc enacted so there is nothing mentioned about it but after an recommendation of malimath committee which stated for using forensic science for criminal case investigation by scientific methods but still neither the government nor forensic science department has paid any heed to it and everything was running as earlier for mere formalities. At present time science is expanding at an ever-increasing rate and forensic science- the application of scientific techniques to provide objective, circumstantial evidence- shares in this process. As a result, more and more scientific evidence is being given, is becoming more and more technical and is all too often less and less comprehensible to the non-scientist. Forensic science is not an individual subject but it is an umbrella term that

consists of other disciplines of science and touches almost every boundary of medical subjects. It is an exercise of common sense coupled with the experience and knowledge already acquired from other branches of medicine, obstetrics, and surgery. The evolution of the forensic science field over the past twenty-five years has

made dramatic scientific breakthroughs (DNA typing, physical evidence databases, related scientific instrumentation). Due to limited resources forensic techniques are not utilized it in most criminal investigations.

There have been more targeted studies of DNA testing and its costs and effects upon the solution of cold cases and property crimes, but no studies examining the full array of physical evidence and the processing of cases though the criminal justice process. Examination of evidence may assist the investigator in determining how a crime has been committed. The present paper aims at to explore the applicability of Forensic science in criminal investigation and what role it play in keeping law and order in a society. This paper also throws light on how forensic science is acting as a bridge between the medical scientists and legal scientists, States the plea. The petitioners also pointed out that there has been less dependence on the scientific methodologies, especially in India. In India, there has been prominence on the incorporation of technologies in the field of investigation. Several commissions reports suggested that if courts consider the scientific method in delivering the judgments, it can bring fairness, which is the hallmark of democracy.

The plea prays for the following

Direct respondents no 1 to 34 to make rule and regulation related to forensic science for evidence tracing and crime scene analysis.

Direct respondent no 1 to 34 to start mobile forensic laboratory in each district according to the number of police station for instant arrival at crime scene for preserving the evidences. And make appointment of experts having forensics academic.

Direct respondent no 1 to 34 to make available basic forensic kit for evidence tracing in each police station.

Direct respondents to take appropriate steps for improving and increasing the forensics science instruments for crime scene analysis and evidence tracing with the help of forensic experts.

Direct respondents to improve and increase the academic of forensic science by creating forensic science courses in every college with faculty having forensic expertise.

direct respondent to amend the section 157 of crpc in terms of forensic scientific investigation with the help of forensic experts.