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Forensic Probe all set to Boost Conviction Rate
Context:
India’s low conviction rates for serious crimes could improve soon as the Bharatiya Nyay Sanhita (BNS), replacing the IPC in July 2024, now mandates forensic investigations for these cases.
Need for Forensic Investigation:
- Low Conviction Rates for Serious Crimes in India:
- India’s conviction rate for serious crimes (punishable by seven or more years in prison) stands at just 37%, highlighting significant challenges in successfully prosecuting offenders.
Introduction of Bharatiya Nyaya Sanhita (BNS) and Bharatiya Sakshya Sanhita
- In July 2024, the Bharatiya Nyaya Sanhita (BNS) replaced the Indian Penal Code (IPC). A major update in BNS mandates forensic investigations in all serious crimes, which is expected to enhance the quality of police investigations, though it places additional demands on police resources.
Forensic Profiling: A New Investigation Tool
- Forensic profiling is becoming an essential tool for handling serious crimes.
- It involves analysing physical, behavioural, and psychological evidence to create suspect profiles.
- This helps investigators narrow down suspects and understand criminal patterns, increasing the chances of solving cases effectively.
- Under BNS, forensic profiling will be a central part of investigations, shifting reliance from traditional oral evidence to data-driven forensic approaches.
- Alongside BNS, the Bharatiya Sakshya Sanhita (BSS) replaced the Indian Evidence Act, 1872.
- BSS sets new standards for evidence collection and admissibility, emphasising the use of scientific evidence in courts.
- This change aims to make legal proceedings more reliant on factual evidence, rather than circumstantial or solely oral evidence, to improve judicial outcomes.
Current Challenges in Police Forensic Capabilities:
- Infrastructure Deficits: Most police stations, especially in rural areas, lack basic forensic facilities, including proper storage for evidence. This limits their ability to handle crime scenes effectively.
- Delays in Forensic Reporting: Forensic labs often take months to process samples, slowing down investigations and affecting case outcomes. Currently, it can take from one to four months to complete an analysis.
- Funding and Responsibility Concerns: Uncertainty surrounds the funding of mobile forensic teams and necessary infrastructure. Many are doubtful that state governments can adequately fund these initiatives.
- Shortage of Forensic Experts: India has only 0.33 forensic experts per 100,000 people, compared to approximately 2,250 per 100,000 in developed countries. This shortage affects India’s ability to meet the increased forensic needs outlined in BNS and BSS.
Key Components of Forensic Science in Criminal Investigations:
- Forensic DNA Analysis: DNA evidence is invaluable for identifying suspects, linking them to crime scenes, and confirming victim identities. DNA was central to convictions in cases such as the Rajiv Gandhi assassination and the Nirbhaya gang rape case.
Forensic Education and Training Initiatives
- In response to the demands posed by BNS, some states have begun investing in forensic training.
- Gujarat established the world’s first forensic university in 2008 and plans to expand nationally and internationally.
- Assam is also building a forensic training centre in Guwahati to support the Northeast, focusing on training local experts who are familiar with regional languages and cultures.
- Ballistics: Forensic ballistics examines firearms, ammunition, and projectiles to establish links between weapons and crimes, especially in violent or terrorist incidents.Toxicology: Toxicological testing analyses bodily fluids for drugs, chemicals, or poisons, often critical in poisoning or drug-related cases.
- Cyber Forensics: This branch gathers evidence from digital devices and networks to investigate cybercrimes, which are increasingly common in financial and sensitive data theft cases.
- Fingerprint and Blood Pattern Analysis: Fingerprints and blood patterns link suspects to crime scenes, especially useful in violent crimes.
- Forensic Psychology and Behavioral Profiling: This field focuses on understanding criminal behaviours and patterns to create profiles that aid law enforcement in predicting, preventing, or solving crimes.
Success Stories and Impact of Forensic Science on Justice:
Forensic evidence has led to several convictions in high-profile cases, illustrating its critical role in securing justice. Dr. Keshav Kumar highlights examples such as:
- Jnaneswari Express Sabotage Case: Forensic analysis exposed sabotage, rather than an accident.
- Kunhiraman v. Manoj (1991): The Kerala High Court first recognised DNA evidence, setting a legal precedent.
- Rajiv Gandhi Assassination (1991): DNA helped identify both the victims and attackers.
- Nirbhaya Gang Rape Case (2012): DNA evidence and the victim’s dying declaration led to the death sentences of the accused.
- Mumbai Shakti Mill Gang Rape (2018): DNA evidence was crucial in identifying the attackers, leading to convictions.
