ASSIGNMENT

A STUDY ON THE DEVELOPMENT, STATUS AND FUTURE OF

FORENSICS IN INDIA

FORENSIC SCIENCE
[An Assignment Submitted to H.P. National Law University, Shimla]

Course In- Charge Submitted By:

Mr. Shubham Singh Bagla Ayush Singh
Research Associate (Law) [B.A. LL. B (Hons.)]
5th Year (9th Semester)
(1020192019)

H.P. NATIONAL LAW UNIVERSITY, SHIMLA

16 MILE, SHIMLA-MANDI NATIONAL HIGHWAY, GHANDAL
DISTRICT SHIMLA, HIMACHAL PRADESH-171014
Ph. 0177-2779802, 0177-2779803, Fax: 0177-2779802
Website: http://hpnlu.ac.in

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 ACKNOWLEDGEMENT

The success and final outcome of this assignment required guidance and assistance from
many people and I am extremely fortunate to have got this all along the completion of my
assignment work. I express my gratitude to our Vice Chancellor and my subject teacher for
giving me this opportunity to do work on this topic and learn so much along the way. Ever
encouraging seniors helped me at every stage of the research. Furthermore, I would like to
acknowledge the staff of Himachal Pradesh National Law University, who gave me the
permission to access to all the required equipment in completing this assignment. This
assignment could not have been completed without each one’s help.

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 TABLE OF CONTENTS

ACKNOWLEDGEMENT.......................................................................................................2

INTRODUCTION AND BACKGROUND............................................................................4

PROBLEMS WITH FORENSIC EVIDENCE IN INDIA...................................................7

EVALUATION AND RECOMMENDATIONS...................................................................8

THE NATIONAL FORENSIC SCIENCE UNIVERSITY AND RASHTRIYA RAKSHA

UNIVERSITY ACTS, 2020.................................................................................................10

FUTURE PERSPECTIVES WITH CERTAIN AIMS AND OBJECTIVES......................10

EXISTING SHORTCOMINGS............................................................................................11

WORKFORCE RESOURCES.............................................................................................11

FORENSIC SCIENCE EDUCATION................................................................................12

TECHNOLOGY AND INSTRUMENTATION..................................................................13

CONDITION OF MORTUARIES......................................................................................13

LEGAL PROVISIONS........................................................................................................13

CONCLUSION.......................................................................................................................14

REFERENCES.......................................................................................................................14

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I. Introduction:
Forensic science, a multidisciplinary field, plays a crucial role in the criminal justice system.
Among its branches, toxicology stands as a key discipline, examining the effects of toxic
substances on biological systems. This assignment delves into the intersection of toxicology
and judicial pronouncements, aiming to explore the impact of toxicological evidence on legal
outcomes.

Problem Profile:

Forensics, as a field, plays a crucial role in the Indian criminal justice system, aiding in the
investigation and resolution of crimes. However, the development and current status of
forensic practices in India present several challenges. These challenges may include:

1. Infrastructure Deficiency: Inadequate forensic infrastructure, including laboratories and

trained personnel, hinders the timely and effective analysis of evidence.

2. Technological Lag: The field of forensics is evolving rapidly, and there may be a
technological gap between the available tools and the advancements in forensic science
globally.

3. Procedural Bottlenecks: Delays in the forensic examination process and the integration of
forensic evidence into legal proceedings can impede the swift delivery of justice.

4. Training and Education: Insufficient training programs and educational opportunities for
forensic experts may lead to a shortage of skilled professionals in the field.

5. Legal Framework: The legal framework governing forensic procedures may need updates
to align with the latest scientific developments and international best practices.

Objectives:

1. Assess Current Infrastructure: Evaluate the existing forensic infrastructure in India,

including the number and quality of laboratories and the availability of modern equipment.

2. Examine Technological Integration: Investigate the extent to which advanced forensic

technologies are integrated into investigative processes and court proceedings.

3. Identify Procedural Challenges Identify and analyze procedural bottlenecks in the forensic
examination process, from evidence collection to its presentation in court.

4. Address Training Gaps: Explore the adequacy of training programs and educational
resources for forensic professionals and recommend improvements.

5. Review Legal Framework: Examine the legal framework governing forensic practices in
India, with a focus on its alignment with contemporary scientific standards and international
norms.

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Research Questions:

1. What is the current state of forensic infrastructure in India, and how does it compare to
international standards?

2. To what extent are advanced forensic technologies integrated into the investigative and
legal processes in India?

3. What are the primary procedural challenges faced by forensic experts in India, and how do
these challenges impact the efficiency of criminal investigations?

4. How well-equipped are forensic professionals in India in terms of training and education,
and what improvements can be suggested to bridge any existing gaps?

5. How does the legal framework governing forensic practices in India align with the latest
scientific advancements, and what changes are necessary to ensure compatibility with
international best practices?

These objectives and research questions aim to provide a comprehensive understanding of the
development, status, and future prospects of forensics in India, with the ultimate goal of
offering recommendations for improvement.

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INTRODUCTION AND BACKGROUND

The first Central Fingerprint Bureau of India was established in Kolkata in India in the year
1897 which became functional in 1904.1 Ever since then, the usage of Forensic science in
crime investigation has routinely started in India and since then the efforts are being made for
Capacity building of Forensics in India.2 Several State and Central Forensic Science
Laboratories were established in India; the Fingerprint Bureaux have also been established in
various states. Crime laboratories and toxicological laboratories were also established under
the police and health departments respectively.3 At present, there are 29 Fingerprint Bureaux
and about 37 State and Seven Central Forensic Science Laboratories in India. Not only this,
in several states, Regional Forensic Science Laboratories and District Mobile Forensic units
have also been established [2]. An advanced Centre for DNA Fingerprinting and Diagnostics
(CDFD) has been established in Hyderabad under the Department of Biotechnology, Ministry
of Science and Technology, Government of India.4 The Center for Cellular and Molecular
Biology (CCMB) Hyderabad, CFSL Hyderabad, and CFSL Kolkata have been the pioneering
institutions to start the facilities of DNA Profiling in criminal cases in India after the
technology was introduced in London in 1985 by Professor Alec Jeffreys. 5 The DNA
Profiling in criminal cases such as homicide, suicide, sexual assaults, terrorists’ activities,
wildlife forensics, and other crime cases is now continuing in various Police departments,
Forensic institutions, Wildlife departments for Human and Animal identification from the
biological fluids and the tissue materials. 6 Wildlife Institute of India (WLI), Dehradun
introduced DNA analysis for the conservation of wildlife species including the Tiger Project. 7
The private sectors at several places in the country have been working for the last more than
15 years and analyzing forensic samples as well as providing opportunities for working in the
field of forensic science. However, there are about 4500 forensic personnel working in
Fingerprint Bureau, Forensic Science Laboratories (FSLs), and Chemical Examiners

1
Central Fingerprint Bureau - National Crime Records Bureau Ministry of Home Affairs, 2018. [Online].
Available: 〈https://ncrb.gov.in/〉
2
Gopal Ji Misra Dr., C. Damodaran Dr., Perspective Plan for Indian Forensics - 2010. [Online]. Available:
http://dfs.nic.in/pdfs/SPAC〉REPORT (FINAL).pdf.
3
N. Grover, I. Tyagi, Development of forensic science and criminal prosecution - India, Int. J. Sci. Res. Publ.
(2014). http://www.ijsrp.org/research-paper-1214/ijsr p-p3674.pdf.
4
Centre for DNA Finger printing and diagnostics, 1990. 〈http://www.cdfd.org.in/〉(accessed Apr. 15, 2021).
5
S. Kumar, Legal Status of Human Genetic Material-A Study Relating to Human DNA its Ethical Problems and
Law, University of Kota, 2018
6
P. Shrivastava, H.R. Dash, J.A. Lorente, J. Imam (Eds.), Forensic DNA Typing: Principles, Applications and
Advancements, Springer Singapore, Singapore, 2020.
7
Wildlife Institute of India, 2020. Accessed: 15-Apr-2021. [Online]. Available:
https://www.wii.gov.in/researchers.

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Laboratories in India. As per the population estimates, the current population in India, as of 1
March 2011 stood at 1,210,193,422 (623.7 million males and 586.4 million females). 8
However, United Nation’s Population Division estimated India’s population in 2020 about
1,380,004,385.9 As per calculations, there are only 0.33 forensic scientists per 0.1 million
population in India as far as the work of examination of crime cases and reports preparation is
concerned. However, in the countries abroad, forensic scientists’ population ratio exists from
20 to 50 scientists per 0.1 million population depending upon the workload of crime cases in
different countries. India has over 80 universities and colleges including National Forensic
Science University at Gandhinagar, Gujarat, and Rashtriya Raksha University at Lavad,
Gandhinagar where the School of Forensic Science & Risk Management is also imparting
teaching, research, and training to the students, Police and Paramilitary forces for security
purposes. The exclusive teaching and research-oriented staff in the universities and colleges
are about 500.10 The Ministry of Home Affairs, Government of India, intends to establish
Regional Centers for academic research and training affiliated to National Forensic Science
University and Rashtriya Raksha University which are also Institution of National
Importance.11 In the year 2005, more than 0.5 million cases were pending for examination in
the Forensic Science Laboratories in India. The present situation of pending cases in 2021 is
also no better, the estimated pendency of the cases in Forensic Science Laboratories in India
ranges from 0.7 to 0.8 million cases. This scenario is when the referral rate of cases to FSLs
in India is approximately 10–12% of the total crime registered in different states. If total
cases of cognizable offences are referred to FSLs for examination, the pendency of cases may
rise to nearly 8 times. It is also pertinent to mention here that DNA and Toxicology reports in
FSLs remain pending from 6 months to 2 years which adversely affects and delays the
decision-making process in the courts of law. As per the amended laws in India, DNA
examination in sexual assault cases is necessarily required. 12 In this regard, 50–60 thousand
unidentified dead bodies have been reported annually in the country which are identified
through DNA analysis and by other means. The National Crime Records Bureau and the
8
National Portal of India. 〈https://www.india.gov.in/ (accessed Apr. 16, 2021).
9
India Population, Worldometer, 2021. 〈 https://www.worldometers.info/world -population/india-population/
(accessed Apr. 27, 2021).
10
The Rashtriya Raksha University, 28th September, 2020. [Online]. Available
https://www.mha.gov.in/sites/default/files/TheRashtriyaRakshaUniversityAct2 020_05012021.pdf〉.
11
The National Forensic Science University ACT, 28th September, 2020, [Online]. Available:
https://www.mha.gov.in/sites/default/files/NFSUAct2020_05102020. pdf〉.
12
Government of Uttar Pradesh, Report of the Comptroller and Auditor General of India, performance audit of
modernisation and strengthening of Police Forces, 2017. [Online]. Available:
〈https://cag.gov.in/uploads/download_audit_report/2017/Report_No.3_of_2017_Performance_Audit_of_Mode
rnisation_of_Police_Force s_Government_of_Uttar_Pradesh.pdf〉.

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State Crime Records Bureaux possess data about the crimes missing persons and modus
operandi. The data regarding missing persons is also contained by the police at different
levels and the data of the dead bodies is compared with the missing persons by the FSL’s and
the Fingerprint Bureaux for identification purposes. The forensic knowledge is imparted to
the police and public through print and digital media to act as a deterrent for potential
criminals and as a measure of preventive forensics. As per the data of May 2020, there are 64
independent post-graduate institutes of medical education and research in India and 554
medical colleges as recognized by the National Medical Commission. 13 These are the main
institutes of legal medicine having the departments of Forensic Medicine in India. In addition
to this, there are district level hospitals and subordinate health centers which conduct
autopsies and medicolegal work. For the work of DNA matching for organ transplants and
the dead body, identification facilities need to be created in these medical institutions as well
where these do not exist at present; the same is true for forensic anthropological casework
especially dealing with the skeletal remains in these institutions. It may be mentioned that
some of the anatomy departments and forensic medicine departments have created facilities
for such examinations in these institutions but the same is lacking in newly established
institutions. The anthropological work pertaining to skeletal analysis and examination i.e. the
estimation of the biological profile of the individual and facial superimposition and
reconstruction is also carried out in the biological sciences divisions of Central and State
Forensic Science Laboratories in India. However, the anthropology departments in some of
the Indian universities carry out the research work pertaining to the same after taking up
research projects and in collaborations with national and international institutes. Moreover,
the cases pertaining to the Information Technology Act and Cyber-crime are increasing every
year. Thus, India needs more scientifically trained investigators and judges, and equipment
for the investigation and adjudication of these cases. The delay and pendency would remain
inevitable without the capacity building of Forensics in India. India has been experiencing
major natural disasters such as flash floods, tsunamis, earthquakes, cyclone Fani etc. where
hundreds and thousands of people die every year. Difficulty arises when highly decomposed
dead bodies and skeletal remains are recovered from the mass disaster sites which pose a
serious challenge for the identification of the deceased. Government of India has formed a
National Disaster Response Force (NDRF) under the Ministry of Home Affairs, which is a

13
List of College Teaching MBBS | NMC <https://www.nmc.org.in/informationdesk/for-students-to-study-in-india/list-of-
college-teaching-mbbs〉 (accessed Jun. 14, 2021).

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special task force for rescue and relief operations at the mass disaster sites. 14 Various NDRF
teams work in the rescue operations and save the life of many people after these unforeseen
disasters. However, a large number of people remain missing and sometimes only the skeletal
remains and the decomposed remains of the dead are recovered. In these circumstances, there
is a need for the disaster victim identification (DVI) teams consisting of forensic
anthropologists, odontologists and forensic medicine specialists. Therefore, NDRF should
form separate teams consisting of these experts for DVI.15

PROBLEMS WITH FORENSIC EVIDENCE IN INDIA

When looked into the Indian Forensic scenario carefully, there are several shortcomings and
pitfalls which need to be addressed for proper functioning. In the case Dharam Dev Yadav v/s
State of Uttar Pradesh, the Supreme court of India discussed the importance of forensic
evidence, especially in more brutal and well-organized crimes. 16 The most alarming issues in
Forensic Science are the erroneous convictions based on faulty forensic evidence. 17 Nearly
318 convicts were released from jail based upon DNA tests who were earlier wrongly
convicted on the basis of faulty forensic evidence18. As regards the scene of crime
investigations, most of the investigating officers are not adequately trained in the collection,
preservation, packaging, and forwarding of forensic evidence due to a lack of education and
training.19 Thus, the investigating skills need to be updated for adapting scientific
procedures.20 Moreover, there should be scientific auditing at the scene of the crime to avoid
suspicion by the courts of law.21 Most of the Forensic Science Laboratories in India are in the
14
NDRF (National Disaster Response Force), Ministry of Home Affairs, Government of India. 〈http://www.ndrf.gov.in/〉
(accessed Jun. 19, 2021.〉.
15
N. Baryah, K. Krishan, T. Kanchan, The development and status of forensic anthropology in India: a review of the
literature and future directions, Med. Sci. Law 59 (1) (2019) 61–69, https://doi.org/10.1177/0025802418824834
16
J. Campbell Moriarty, Nebraska Law Review ‘Misconvictions,’ Science, and the Ministers of Justice, p. 86, 2007,
Accessed: 16-Apr-2021. [Online]. Available: 〈https://digitalcommons.unl.edu/nlr/vol86/iss1/2/〉.
17
Indian kanoon - Dharam Dev Yadav vs State of Uttar Pradesh on 11 April, 2014.
〈https://indiankanoon.org/doc/39335671/〉 (accessed Apr. 16, 2021 [18] W.C. Thompson, Beyond bad apples: analyzing
the role of forensic science in wrongful convictions, Southwest. Univ. Law Rev. 37 (2009) 971–994. Accessed: 27-Apr-
2021. [Online]. Available: 〈https://papers.ssrn.com/abstract=2214465
18
W.C. Thompson, Beyond bad apples: analyzing the role of forensic science in wrongful convictions, Southwest. Univ.
Law Rev. 37 (2009) 971–994. Accessed: 27-Apr-2021. [Online]. Available: 〈https://papers.ssrn.com/abstract=2214465〉.
19
J. Mnookin, Excerpt from transcript of proceedings: experts and forensic evidence, Southwest. Univ. Law Rev. 37 (2008).
Accessed: 27-Apr-2021. [Online]. Available: 〈https://heinonline.org/HOL/Page?handle=hein.journals/swul
r37&id=1019&div=&collection=〉
20
B. Garrett, P. Neufeld, Invalid forensic science testimony and wrongful convictions, Va. Law Rev. 95 (1) (. 2009).
Accessed: 27-Apr-2021. [Online]. Available: 〈htt ps://scholarship.law.duke.edu/faculty_scholarship/3861〉. [21] V.R.
Dinkar, Forensic scientific evidence: problems and pitfalls in India, Int. J. Forensic Sci. Pathol. (2015) 79–84,
https://doi.org/10.19070/2332-287x
21
V.R. Dinkar, Forensic scientific evidence: problems and pitfalls in India, Int. J. Forensic Sci. Pathol. (2015) 79–84,
https://doi.org/10.19070/2332-287x

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government sector mostly under the police department; however, several State Forensic
Science Laboratories are functioning directly under Home Department. 22 The Central Bureau
of Investigation (CBI) laboratory in Delhi is functioning under the administrative control of
the CBI. The people at large in India and the courts of law suspect the forensic evidence
submitted by the experts whose laboratories are working under the control of police
departments. It is further mentioned that forensic reports in India are mostly depicting the
probability and rarely the individualizations which are just corroborative evidence and are not
treated as conclusive evidence for adjudicating a criminal case in the court of law. Several
factors are adversely affecting the reliability of scientific evidence in India, some of these can
be listed as lack of scientific certainty, lack of research, forensic science as having meager
resources, lack of well-defined code of ethics, lack of certification of the experts, non-
available databases and non-availability of error rate statistics for all the techniques. 23 When
it comes to Daubert’s principles the court laid down a comprehensive checklist for evaluating
scientific expert evidence. The evidence should be tested scientifically, the ideas or
techniques should be peer-reviewed and supported with the publications. The technique
behind the evidence should have general acceptance in the scientific community and the rate
of potential error should be evaluated. 24 For this purpose, Indian forensic scientists need to be
meticulous and should be subjected to rigorous training at the time of induction in the
forensic fields and are further required to undergo refresher and orientation courses at regular
intervals of time for updating their knowledge. However, Daubert’s principle is followed in
the Indian courts as there is examination-in-chief, cross-examination, and re-examination of
the experts/scientists for testifying their evidence on a scientific basis as required under
Daubert’s law.

EVALUATION AND RECOMMENDATIONS

A few commissions and committees were set up by the Government of India in the past for
police reforms which also studied the issue of scientific investigation of crime and forensics.
These commissions and committees submitted their reports along with recommendations on

22
M. Airlie, J. Robertson, M.N. Krosch, E. Brooks, Contemporary issues in forensic science—Worldwide survey results,
Forensic Sci. Int. 320 (2021), 110704, https:// doi.org/10.1016/j.forsciint.2021.
23
J. Peterson, I. Sommers, D. Baskin, D. Johnson, The role and impact of forensic evidence in the criminal justice process,
2010.. [Online]. Available: 〈https://www.ojp.gov/pdffiles1/nij/grants/231977.pdf〉.
24
110704 [24] J. Sanders, S.S. Diamond, N. Vidmar, Legal perceptions of science and expert knowledge, Psychol. Public
Policy Law 8 (2) (2002) 139–153, https://doi.org/ 10.1037/1076-8971.8.2.139.

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forensics, but the recommendations have yet not been fully implemented. Mention may be
made of the National Police Commission report (1977–81); Ribeiro Committee Report
(1998–99); Padmanabhaiah Committee Report (2000) and Soli Sorabjee Committee Report
(2005).25 Further, in the year 1996, Director General of Police, filed a Public Interest
Litigation (PIL) in the Supreme Court of India (Prakash Singh v/s Union of India) requesting
that recommendations of different commissions and committees on police reforms should be
implemented in different states and the union territories of India. 26 The Supreme Court of
India in 2006 ordered States and UTs for the implementation of the police reforms. 27 At the
same time, the Supreme Court also directed the states to implement New Police Act based on
Model Police Act prepared by the Government of India. The states implemented the new
Police Act. The act as implemented (on the basis of Model Police Act) in states, mentions the
necessity of Forensic Science in crime investigations. The Himachal Pradesh Act in Section
83, states about Forensic evidence.28 The summarized salient features are as under: -
1. The act authorizes Director Forensic Science to suggest the State Police board and the
state government for the Forensic facilities to be created in the state for scientific
investigation.
2. It also states that the state will provide necessary financial assistance for the same
within 6 months, in the event of inability the reasons have to be recorded in writing.
3. The act also made it mandatory for the investigatory agencies to collect forensic
evidence in crime cases and to send the same for forensic examination.
4. The Director General of Police in consultation with Director Forensic Science will
create facilities for scientific interrogation, investigation, and the necessary
equipment.
It is also pertinent to mention here that the states which have implemented New Police Act,
even there, the forensic facilities are lacking and the Forensic Laboratories are deficient for
scientists and investigators, materials, and equipment. Section 84 of the Act speaks about the
Fingerprint Bureau where again the situation remains almost the same as before the year 2006
excepting minor developments for computerization. In October 2012, Mr. Prakash Singh
resubmitted before the Supreme Court that the police reforms ordered to be implemented in
25
Status Note on Police Reforms in India. Accessed: 18-Apr-2021. [Online]. Available:
〈https://www.mha.gov.in/sites/default/files/PoliceReforms%28E%291 81013.pdf〉..
26
Indian kanoon - Prakash Singh Vs. Union of India, 2006, 2006. 〈https://indiankan oon.org/doc/1090328/〉 (accessed
Apr. 18, 2021).
27
Police Reforms in India, 2017. Accessed: 18-Apr-2021. [Online]. Available: 〈htt ps://prsindia.org/policy/analytical-
reports/police-reforms-india
28
New Police Act, Govt. of Himachal Pradesh, Gazette Notification pp: 5886–5887, 2007, [Online]. Available:
〈https://www.indiacode.nic.in/bitstream/123456789/ 5671/1/the_himachal_pradesh_police_act%2C_2007.pdf〉

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the year 2006 were not implemented by that time. The Supreme Court Bench in 2012 again
asked the States & Union Territories in India to inform about the compliance of the
judgement of the year 2006. Some of the states further implemented some provisions but, the
position of forensic facilities in India still remained deficient than the actual requirements. 29
The National Human Rights Commission in 1999 prepared and submitted a comprehensive
report on the systematic development of Forensic Science in India to the Union Home
Ministry. The report was accepted by the then Union Home Minister for getting the same
implemented by the states. The same is yet pending for implementation. 30 In March 2003,
Justice Dr. V.S. Malimath submitted his report on the reforms of the Criminal Justice System
in India, which also included the recommendations on forensics. These recommendations are
also yet to be implemented for capacity building in Forensic Science. 31 In the year 2010,
Ministry of Home Affairs, Government of India appointed two consultants namely Dr.
Gopalji Mishra (Retired IG & Director FSL Punjab State) and Dr. C. Damodaran (Retired
Director, Forensic Science Department, Tamil Nadu) to study forensic science set up in India
and how the improvements could be brought about. The consultants submitted their report in
July 2010 with the title “Perspective Plan for Indian Forensics”. The report still awaits for its
implementation in totality.

THE NATIONAL FORENSIC SCIENCE UNIVERSITY AND RASHTRIYA RAKSHA

UNIVERSITY ACTS, 2020
In September 2020, Ministry of Home Affairs (MHA), Government of India, passed two Acts
i.e., The National Forensic Science University (NFSU) Act 2020 and Rashtriya Raksha
University (RRU) Act 2020. As per these acts, NFSU has been created at Gandhinagar in
Gujarat State and RRU has been created and established at Lavad, Dahegam, Gandhinagar,
Gujarat State, India.32 The mandate of Rashtriya Raksha University is to promote and provide
global standards of learning and research in policing, law enforcement, security, cyber
security, artificial intelligence, and risk management. The university can open and establish
its educational centers in different states and union territories in the country. Likewise, the
National Forensic Science University Act 2020 provides the opening and establishment of
regional centers of education and research in India at appropriate locations as deem fit by the
29
Indian Kanoon-Prakash Singh v. Union of India An analysis of Police Reforms, 2012.
〈https://www.supremecourtcases.com/index2.php?option=com_content&i temid=135&do_pdf=1&id=212181
30
National Human Rights Commission Report on Forensic Science for better criminal justice, 1999. 〈https://nhrc.nic.in/〉
31
Justice V.S. Malimath Dr., Committee on Reforms of Criminal Justice System. Accessed: 18-Apr-2021. [Online].
Available: 〈https://www.mha.gov.in/sites/defa ult/files/criminal_justice_system.pdf〉
32
Ministry of Home Affairs. 〈http://www.mha.nic.in/〉.

12
university. The university will further coordinate with the state government to improve the
process of crime investigation, crime detection, and crime prevention. It will also help the
central government in the formulation of policies regarding forensic science. The detailed
mandate of the university is contained in the NFSU Act 2020

FUTURE PERSPECTIVES WITH CERTAIN AIMS AND OBJECTIVES

What are the aims and objectives to be achieved with the further capacity building of
forensics in India? These are briefly presented as:
1. To provide scientific aids to the investigation of crime at the scene of crime.
2. For lifting, packing & forwarding of the crime case exhibits as per SOPs
scientifically.
3. Photographic and Video graphic recording of physical evidence at the scene of crime
and to send and compare the same with the databases for identifying the criminals.
4. Undelayed quality examination of reports and should be available at the investigation
stage.
5. To assist the courts and the commissions of inquiry whenever required without any
loss of time.
6. To generate databases of fingerprints, footprints, firearms, DNA, tyre marks,
biometrics, NDPS, wildlife exhibits, hair, currency notes, coins, passports, and other
relevant evidence which are required from time to time in the forensic examinations.
7. Reconstruction of the scene of crime.
8. To practice and develop technology in all the conventional and modern branches of
Forensic Science.
9. To provide Forensic Science quality education in the universities and the professional
training institutions.
10. To generate preventive forensics to have a check on the crime and criminals.
11. A need for creating DVI teams and zone-wise scientific working groups in India for
identification of the human remains/dead bodies at the mass fatality incidents. 33

EXISTING SHORTCOMINGS

33
T. Krishan, K. Kanchan, Disaster victim identification - a need to create zone-wise scientific working groups. Curr. Sci.
109 (12) (2015) 2173–2174.

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WORKFORCE RESOURCES
Out of the 4500 forensic science personnel (approximately) working in Forensic Laboratories
in India, there are only about 3000 reporting officers, i.e., experts or scientists, the rest are
assisting staff. This strength of scientists is negligible in comparison to the present 1.38
billion population of India and the workload of crime cases is flooding the Forensic Science
Laboratories in India. As per the Bureau of Police Research and Development (BPR&D)
norms of 1980, later revised by the Directorate of Forensic Sciences in the years 2000 &
2005, the workload is 4–5 times in the disciplines like DNA, Toxicology, Biology, and
Document Examination & Cyber Forensics. About 40% of the posts of scientists are vacant
in Forensic Laboratories, which need the immediate attention of the Government for filling
up. A retired Director of CFSL, Hyderabad wrote in The Hindu daily newspaper on 20th
September 2009 with the title “Needed: Reforms in forensic science education”, with the
increasing crime rate in a heavily populated country like India, there is a growing need to
increase the number of Forensic Science Laboratories stating to increase it by 10 times more
than the usual number. He has also emphasized the need for reforms in Forensic Science
education in the universities and the training of the criminal justice system and forensic
professionals. Further, he has mentioned the need of creating jobs for the students passing out
with Master’s degrees in Forensic Science from the universities. These observations can’t be
disputed.

FORENSIC SCIENCE EDUCATION

There are about 80 colleges and universities which offer forensic science courses in India, out
of which 54 colleges are private and 22 are government institutions. These colleges offer
degree, diploma, and certificate courses.34 The universities need to start specialized courses
where a person becomes an expert in one particular field, viz. Fingerprints, Toxicology,
DNA, Documents, Biology, forensic anthropology, Serology, etc. at the end of the Master’s
degree. Although, certain universities impart training in some of these subfields at Master’s
degree level, however, due to the lack of specialized faculty, infrastructure and laboratories, it
is difficult for them to provide training and specialization in all major subdivisions of forensic
science. The degrees or diplomas given by the universities should be included in the
recruitment and promotion rules of the Forensic Science Laboratories and the Fingerprint
Bureaux so that individuals who pass out could find job opportunities. Such persons should

34
Top Forensic Science colleges in India, Fees, Courses, Placements, Ranking, Exams, 2021.
〈https://www.shiksha.com/science/colleges/forensic-science-colleges-indi a-3>

14
also be given weightage in Police and Central Armed Paramilitary Forces (CAPF’s)
recruitments.35 The basic academic qualifications for the personnel working in medical
colleges and the post-graduate institutes of the medical education and research is MBBS and
MD degrees, whereas in Forensic Science Laboratories, it is MSc and PhD degrees in
different allied subjects including forensic science for various positions coupled with
experience as laid down for various positions in the recruitment rules. The medical colleges
and hospitals in India that carry out medicolegal work are under the Ministry of Health and
Family Welfare, Government of India. However, the FSLs are working under the Ministry of
Home Affairs, in some states directly under home department and others under police
departments. The Fingerprint work is mostly carried out by the Fingerprint Bureaux under
police, but, some of the FSLs like that of the Central Bureau of Investigation, and some State
Laboratories carry out fingerprint work under crime cases. These institutions also carry out
teaching and training work for the criminal justice system in India, i.e., for the police
prosecution, judiciary, and medical officers.

TECHNOLOGY AND INSTRUMENTATION

The country needs to have ISO-certified Forensic Laboratories with all modern technology
and instruments inducted. The laboratory should also have the equipment capacity for dealing
with the workload of the incoming exhibits so that there is no long pendency of cases. Not
only this, the forensic experts whether in the government or private should be registered and
certified. There should be uniformity in the report patterns all over the country and the reports
should be in simple language which is understandable by a non-scientific person.

CONDITION OF MORTUARIES
Some of the Indian hospitals and medical colleges lack modern facilities in the mortuaries.
These need to provide post-mortem tool kits, photography and video graphic kits, cold
rooms/chambers for keeping dead bodies, which come for post-mortem examinations. These
post- mortem centers should have air conditioning facilities everywhere. The mortuaries
should be well lit and should also have preserving and packing materials for all kinds of
exhibits that are lacking.36 The Government is in the process of providing all the facilities to
the hospitals. Although, the mortuaries of the standard tertiary care hospitals such as AIIMS

35
D. Bhandari, V. Sahajpal, A. Sharma, V.K. Arora, Forensic science education in India: challenges and opportunities, J.
Forensic Sci. Crim. Investig. 14 (2) (2020), https://doi.org/10.19080/JFSCI.2020.14.555885.
36
J.R. Gaur, A Compendium of Forensic Science, Shiv Shakti Book Traders, New Delhi, India, 2006..

15
(All India Institute of Medical Sciences) and other such institutes have all state-of-the-art
facilities, but these should also be extended to the State as well District level hospitals.
Forensic Pathology, Toxicology, and Genetics labs in hospitals are required to coordinate
with the mortuaries for medicolegal purposes in more intimate way.

LEGAL PROVISIONS
To provide legal support to Forensic Science in India, it is immediately needed to pass a
DNA bill that has been pending since the last several years. Moreover, to have regulatory
mechanisms on Forensics in India, it is also needed to pass Forensic Regulatory and
Development Authority Bill. This will also provide codes of conduct and ethics for forensic
practitioners in the country. Though the Government of India has enacted the Information
Technology Act-2008,37 which includes guidelines for the practice of Digital Forensics,
which is a welcome step, but the experts need to be notified as per provisions of the act. The
reports are still being given by the document experts under the provisions of Section 45 of the
Indian Evidence Act.

CONCLUSION

From the foregoing discussions, it is quite apparent that there is an urgent need for capacity
building of Forensics in India if early effective justice is to be provided to the common man
in the country. In contemporary society, when eyewitnesses turn hostile in the court of law,

37
The Information Technology Act, 2008, Accessed: 18-Apr-2021. [Online]. Available:
〈https://police.py.gov.in/Information〉 Technology Act 2000 - 2008 (amendment).pdf.

16
the criminal justice system can mainly depend upon the forensic evidence. National Human
Rights Commission report, 1999 is a comprehensive report on forensic science which needs
to be implemented in letter and spirit for the capacity building of Forensics in India. The
earlier and later reports can also throw ample light on the grey areas which need to be
strengthened immediately. The quality of forensic reports is completely dependent upon what
types of samples are sent by the investigating officers for testing in the laboratories. Thus,
forensic training for the investigating officers should be made mandatory. Similarly, such
training should also be essential for the public prosecutors and the judges, who respectively
have to present and evaluate the Forensic evidence. There should be homogenous technology
and expertise in different testing Forensic Laboratories in India so that the report quality does
not suffer for want of expertise and the latest technology.

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