Forensic investigation in India has evolved significantly over the years, transitioning from the framework provided by the earlier Indian Penal Code (IPC) to more specialized laws and guidelines. The Bharatiya Nagarik Suraksha Sanhita (BNSS), is one of the latest legislative efforts in this domain.
The IPC and related earlier laws provided a broad framework for evidence collection and expert testimony but lacked specific provisions for modern forensic techniques. The BNSS laws, on the other hand, are more detailed and focused on contemporary forensic methods. These laws address the challenges posed by digital and cyber crimes, an area largely unaddressed by earlier laws. Besides, there is a significant focus on training and capacity building in the BNSS, recognizing the need for skilled personnel in forensic investigation.
Following is a comparative overview of the key aspects of BNSS vis a vis the earlier IPC laws on forensic investigation:
The IPC, established in 1860, primarily focused on defining crimes and prescribing punishments. It did not have specific provisions dedicated to forensic science or modern investigative techniques. The BNSS incorporates comprehensive provisions for modern forensic investigation, recognizing the importance of scientific methods in criminal justice.
In BNSS, the emphasis is on addressing cyber crimes, including provisions for digital forensics, electronic evidence, and cybersecurity measures. Earlier, the Indian Evidence Act, 1872, provided guidelines on what constitutes admissible evidence, including physical and documentary evidence. However, it did not specifically address forensic methods.
While the Criminal Procedure Code (CrPC), 1973, outlined procedures for investigation, including the collection of evidence and Sections 293 and 294 allowed for expert testimony and the production of documents, BNSS provides specific guidelines for DNA profiling, including collection, analysis, and storage of DNA samples. This is a significant advancement over earlier laws which did not explicitly cover such techniques.
Under IPC laws, the reliance on forensic laboratories and expert testimony was implicit, with various court rulings gradually expanding the scope of forensic evidence. The use of DNA evidence, fingerprinting, and other techniques evolved through judicial precedents rather than specific legislative mandates. Under the latest BNSS Laws on Forensic Investigation, there is a provision for the establishment of accredited forensic laboratories with standardized procedures for handling and analyzing evidence. This ensures consistency and reliability in forensic investigations.
Moreover, the BNSS has provisions for training law enforcement officers and forensic experts to keep pace with technological advancements. It also provides the creation of oversight bodies to regulate and monitor forensic practices, ensuring adherence to ethical standards and legal norms. Besides, it has enhanced measures for the protection of victims and witnesses, particularly in cases involving advanced forensic techniques that may require sensitive handling of personal data. Enhanced protection for victims and witnesses under the BNSS also reflects a more holistic approach to forensic investigation, beyond mere evidence collection.
Overall, forensic experts believe that the BNSS laws represent a modernization and specialization of forensic investigation in India, addressing the gaps and limitations of earlier IPC provisions.
– global bihari bureau
