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One of the important factors on which, the conviction rate of any country depends upon, is the efficient and effective investigation of a crime. It has been highlighted time and again by various Commissions and Committees on Police Reforms, constituted by the Government of India, that there is a need for modernization of our police forces, i.e., usage of scientific techniques in criminal investigations in India. In other words, forensic science-based investigation is need of the hour and the same has been reiterated every now and then. Even the judiciary has upheld the importance of proper sealing of crime scene, scientific collection of evidence from crime scene and science-based investigation of crime, in many a case. Forensic Science has evolved as an important field in modern criminal investigation. It entails using of scientific knowledge and procedures to collect and evaluate evidence that may be presented in court. With this background, the author in her paper has focused upon the need of scientific techniques in criminal investigations in India and the purpose it can serve. The paper also throws light on the contemporary situation in India, regarding the adoption of science and technology in crime investigation.

The aim is to study the importance of scientific investigation of crime in India and the purpose it can serve.

Scientific Criminal Investigation: Need and Scope

Forensic examinations aid investigators in recreating the movement and interaction of suspects and victims, and they may aid in corroboration or refutation of statements made by witnesses, suspects, or victims[10]. Questions related to what, how, who, when and where, are generally answered through a successful forensic science-based investigation of a crime[11]: What happened during the course of the crime? How was the wrongful act carried out? Who was or were the perpetrators? When and where did the act occur (physical location)? These are all pertinent questions that could be answered by reconstructing and correlating events at a murder scene. The negative identification of substances taken from a crime scene is the other most essential part of forensic examination[12]. Due to legal constraints, forensic science is used less frequently in investigation and trial in India. The main questions relate to: What is the extent to which such scientific procedures are legal and backed by any authority? To what extent are these forensic techniques useful in crime investigation? and; How might we get forensic professionals to agree on the importance of evidence?[13]

Forensic procedures must be integrated into the criminal justice system in order to raise the rate of conviction. The Ministry of Home Affairs, Government of India, has recently pushed for the mandatory use of forensic procedures for all offences punishable by more than six years in prison[14]. In Delhi[15] and Karnataka[16], standards have been established for mandatory forensic investigation. This is a significant step in the right direction for two reasons. Firstly, the first responders to a crime scene lack the necessary scientific tools to gather and preserve the evidence. Secondly, summoning the mobile forensic van straight to the crime scene will aid not only in the appropriate collection and preservation of critical evidence from the crime scene, but will also save evidence that is susceptible to contamination, such as serological samples.

In our country, a progressive shift has occurred from the use of traditional investigation techniques to the use of scientific procedures supported by forensic science. For instance, in the recently reported, Shraddha Walkar murder case[17], since couple of months had already elapsed when the incident was reported, police relied upon forensics[18] to corroborate all their claims. Still, there is a long way to go because we do not yet have particular legislative measures that support and make forensic science-based investigations essential. Recently, the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 [19], was introduced in the Parliament, and it proposes to make forensic investigations compulsory, for crimes punishable with at least seven years of imprisonment[20]. In all such situations, a forensic expert will be required to attend the crime scene to collect forensic evidence. The expert would record the procedure on any technological equipment, including a cell phone. If a State does not have a forensics facility, a forensic facility in another State must be used. By implementing such practices, prosecutors will have access to scientific evidence, and the odds of the perpetrators being acquitted in court will be significantly lowered[21].

Sections 154 to 176 of the Code of Criminal Procedure, 1973, govern the powers and procedures of investigating authorities when conducting criminal investigations[22]. The common factors which may lead to defective investigation of crime are – ignorance of applicable law, lack of proper training to police officers, inadequate technical and scientific assistance, non-professionalism and traditional mindset pertaining to investigation, delay in reaching scene of crime, no sealing or improper sealing of crime scene, lack of infrastructure and immense workload, changing investigating officers during the course of investigation in a matter, other extraneous factors[23]. When the case is otherwise proven, any irregularity or shortcoming in the investigation by investigating officer does not necessarily result in the rejection of the prosecution case[24]. The sole criterion is that evidence be evaluated with extreme caution. When ocular testimony is deemed to be reliable and compelling, a flawed investigation cannot be fatal to the prosecution[25]. But in cases, where there is no such other evidence in existence, then scientific evidence becomes extremely significant and improper investigation in such scenario may prove to be lethal for a case[26].

The relevant provisions under the Code of Criminal Procedure, 1973, allow for the collection of bodily samples for forensic analysis[27]. It was observed in the case of Halappa v. State of Karnataka [28], that “…drawing of the blood sample for the purpose of civil proceedings without the consent of the party is not desirable. But drawing of the blood sample for detection of the offence of rape wherein the investigating agency has to establish its case beyond reasonable doubt cannot be termed as violative of article 20(3) of the Constitution”.

Reports of Various Commissions and Committees

To date, the Indian government has established several Commissions and Committees for police reforms, all of which have emphasized upon the need of scientific crime investigation and forensic science. These Commissions and Committees have made findings and recommendations on scientific investigation of crime and forensic science, but the recommendations have yet to be fully implemented. Such findings and recommendations can be highlighted as follows:

I. Gore Committee Report on Police Training (1971–73) [29]:

Chapter IV of the Report titled as “The Role of the Police in the New Social Context and its Implication for Police Training”, inter alia, focused upon the necessity and significance of making use of scientific methodologies in police operations. Chapter V titled as “Impact of Science and Technology” saw that the Committee was of the clear opinion that since science and technology have made and continue to make significant advances, that day was not far when police forces in India would need to be modernized in the similar way as their counterparts in developed nations. That crime had become more sophisticated, and criminals had become more competent at evading detection, therefore, science and technology could be of immense assistance in police investigation and criminal justice administration. Future police trainings would be insufficient if advances in science and technology were not considered. It was also pointed out, that in order to promote the integration of science and technology into police functions in India, governments must make reasonable investments in research and development.

II. The National Police Commission Report (1977–81) [30]:

The National Police Commission (NPC), was established in the year 1977, mainly for the investigation of police concerns as well as to conduct a national assessment of the Indian police system. The Commission, in-charge of varied issues related to police, came out with eight reports between February 1979 and May 1981. Some specific recommendations from the Reports have been mentioned below.

i) First Report by NPC

Chapter III of the Report recommended special pay for policemen who secured university degree in areas of criminology, forensic science, etc. which was a degree higher than what they possessed at the time of entering in service plus such degree was of professional benefit to them [31].

ii) Third Report by NPC

The Commission in this Report provided for ‘Modernization of Law Enforcement’ and stated that rising public expectations for rapid and effective police response to any scenario of violence or distress, as well as the need to obtain scientific evidence that can withstand judicial scrutiny, require the police to make use of science and technology to help them operate more efficiently. A need was felt to introduce computers for the maintenance of crime records.

It was also suggested that unused Kit for Investigating Officers in police stations be brought up to date in terms of content and put to good use through localized arrangements. There was also a recommendation with regard to preparation of ‘Scene of Crime Vehicles’ (i.e., vehicles brought to the scene of the crime and operated by professionals who may take fingerprints, photos, and other such clues amenable to basic chemical testing) to be made available at all district headquarters and other significant regions[32].

iii) Sixth Report by NPC

The Commission stressed upon the physical availability of scientific tools and the ability of a police officer to employ them. That the police officer in charge of the inquiry be educated on the relevance, collection, and use of scientific evidence. It reiterated and promoted the establishment of a Scene of Crime Vehicle, indicating that cities with a population of more than five lacs should surely have this vehicle, while those with a bigger population should have more of these [33].

iv) Seventh Report of the NPC

The Commission believed that if manpower was increased, the separation between police personnel responsible for law-and-order duties and those in charge of investigation work could be clearly demarcated, and there would be less overlapping in terms of the same personnel performing both types of duties. There was an urgent need for more officers responsible for investigation work, as it was thought necessary for the police to conduct faster investigations in order to gain the trust of the public.

With respect to scientific aids to investigation, the Commission suggested that forensic science functions be assigned to a Chief Forensic Scientist under the BPR&D, who would also serve as the Director of Coordination, Forensic Science. He would oversee, among other things, the right supply of scientific aids is ensured to the police[34].

v) Eighth Report of the NPC

In their last report, the NPC proposed that the old Police Act of 1861 be replaced by the new one that they had drafted. According to section 14 of the Draft Bill [35], the State Government should contribute to the establishment or maintenance of forensic science laboratories, as well as other organizations and services that it deems necessary or expedient for increasing police effectiveness [36].

III. Ribeiro Committee Report on Police Reforms (1998) [37]:

Ribeiro Committee, chaired by J.F. Ribeiro, former head of police, had submitted two reports in the years 1998 and 1999. The 1998 report reaffirmed one of the most essential recommendations of the NPC, namely, the separation of police officers tasked for preserving law and order and those assigned to investigation work. It was argued that, with the exception of rural police stations, where it may be difficult to clearly distinguish the two major police responsibilities, all investigating officers should be specially trained in scientific investigation procedures and should not be utilized for law-and-order activities. That the investigating officers should not be assigned to law enforcement or other duties for at least five years [38].

IV. Padmanabhaiah Committee on Police Reforms (2000) [39]:

The Government of India had set up the Padmanabhaiah Committee in the year 2000 to propose police reform measures in the areas of – problems faced by Indian police, their strengths and weaknesses, equipping the police to deal with modern high-tech crimes, how to gain public trust and cooperation in order to prevent and solve crime, and so on [40].

Among other things, the Committee recommended that: (i) the investigation be conducted by a team comprised of an investigating officer, forensic scientist who is an expert in the requisite area (such as ballistics, toxicology, etc.), finger-print expert, forensic medicine expert, and a legal advisor; and (ii) in all major crimes, such as murder, sexual assault, and terrorism cases, the police manual be modified to make it mandatory to collect samples and get forensic opinion. (iii) A reasonably senior and competent police officer should be designated as a ‘scientific support manager’ at the district level, whose responsibility would be to guarantee that the police force reaps the greatest benefits from forensic science; (iv) the presence of at least one mobile forensic science laboratory in each district; (v) the presence of two to three investigation kits at each police station, each with its own instruction manual and operated by trained police officers [41].

V. Malimath Committee Report on Reforms in Criminal Justice System (2001– 2003) [42]:

According to the Committee, in order to adequately handle existing crime concerns, investigators should be properly taught in areas such as updated technology, the efficacy and application of modern forensics, and others. It was of the view that police personnel should be given compulsory training during initial period alongwith the continuous in-house training, in collection of physical evidence form the scene of crime with the help of experts [43]. One of the most important points advocated by the Committee was that the stage during which the application of forensic science and modern technology should begin was from the very inception, i.e., commencement of investigation. It was also pointed out in the report, that a system for coordination between investigating officials, forensic experts, and prosecutors at both the district and state levels should be developed, which would improve the effectiveness of investigation and prosecution [44].

VI. Soli Sorabjee Committee Report (2005) [45]:

The main objective of this Committee was to evaluate the recommendations provided earlier by various Commissions and Committees on police reforms. The Committee was tasked with narrowing down of those recommendations which had either not been implemented or were partially implemented. The Committee was of the view that the existing Police Act, 1861, must be replaced by the new Model Police Act, created by them.

Encouraging professionalism and earmarking dedicated personnel for investigation of crime[46], was one of the salient features of the Model Police Act, 2006 [47]. The Act required that staff at each police station be designated exclusively for investigating heinous and other specified crimes, and that they be trained in scientific and other investigative processes in order to speed up criminal investigations[48]. Chapter X of the Model Police Act, 2006, exclusively dealt with ‘Effective Criminal Investigation including use of Science and Technology in Investigation’.

VII. Committee comprising Dr. Gopal Ji Misra and Dr. C. Damodaran: Perspective Plan for Indian Forensics (2010) [49]:

This Report had suggested an action plan for the future of forensic science in India. Recommendations were made, inter alia, that forensics should be made one of the key areas on the agendas of all the Commissions established to address reforms in judiciary, police, and human rights [50].

VIII. Law Commission of India (Report No. 239 of 2012) [51]:

The scarcity of forensic science laboratories was pointed out as one of the reasons in relation to the ‘quality of investigation and documentation’ being affected. It was stated that there was no laboratory at the district level that could provide quick support to the police. Furthermore, it was commonly known that forensic and cyber professionals were in a shortage in police stations across the country, leading to a reliance on oral testimony rather than scientific and circumstantial evidence.

The Law Commission recommended that one of the significant ways for bringing improvement in the criminal justice system was by deployment of technology at the police station level. It was suggested, among other things, for the stationing of mobile forensic vans at all district headquarters. That mobile forensic van was expected to accompany the investigation team to the crime scene and be well equipped with features such as instant blood testing, fingerprint lifting, fingerprint comparison, crime scene video recording, and so on.

Judicial Response to the need of scientific investigation of crime in India

There is no doubt that massive technological developments in forensic science and scientific investigations have occurred; and according to the Hon’ble Supreme Court of India, these must be fully utilized, while traditional techniques of investigation take a back seat [52]. The Apex Court has observed in D.K. Basu v. State of West Bengal [53] that it is quintessential for the enforcing agencies to act within the boundaries of law and there is a requirement to develop scientific techniques of investigation as well as interrogation of the accused. The same was pointed out in the context that custodial deaths and torture were nothing but a blow to the concept of Rule of Law.

An eleven-judge bench[54] of the Hon’ble Supreme Court of India has ruled that compelling anyone to provide forensic evidence such as specimen handwriting or signature, finger-impressions, palm or foot impressions, or fingerprints to the investigating officer is not a violation of article 20(3) [55] of the Indian Constitution. There is also no bar on the compulsory display or inspection of the accused’s body or any part of it.

The Supreme Court had observed in the case of Rojo George v. Deputy Superintendent of Police[56], that offenders have begun to use more sophisticated and advanced ways to perpetrate the crime. The traditional approach of investigating and interrogating offenders will not yield a satisfactory result, necessitating the employment of scientific tools. The most prominent decisions of the Supreme Court came in the case of Dharam Deo Yadav v. State of Uttar Pradesh [57], wherein the apex court delved extensively into the domain of crime scene management and thoroughly examined the utility of forensic science in criminal investigations. The court recommended that scientific methods for detecting crime be used, and that forensics be strengthened for crime detection.

The current government is striving hard towards achieving higher conviction rate and has understood, that in order to do so it is extremely important to promote forensic science-based investigation, among other things. The new Bill introduced in the Parliament in 2023 to replace the present Code of Criminal Procedure, 1973, also states that forensic science-based investigation is mandatory in offences wherein punishment is higher than seven years of imprisonment. Many Commissions and Committees formed by the Government of India, to make recommendations related to police reforms and forensic science have reiterated the fact that in order to meet global standards and to maintain the efficiency of our criminal justice system it is imperative to incorporate science and technology in the crime investigation techniques. The modernization of police force and training of first responders form an important aspect in that regard. There is a need to change the traditional mindset which is inclined towards traditional methods of crime investigation in contrast to science and technology infused methods.

It can be inferred that, given the changes in crime patterns and deployment of sophisticated technology in commission of crime, it is necessary to conduct scientific investigations and make different types of scientific evidence admissible in court. The existing law is silent on the points of reliability and admissibility of forensic evidence in court of law, although the judicial response towards use of forensic science has been positive only, of late. To conclude, it can be said that forensic science-based investigation is a part of fair trial in a criminal justice system, and is indeed a boon gifted by the advancement in science and technology.

1. The Indian Evidence Act, 1872 (Act No. 1 of 1872), s. 45.
2.Puducherry Police, Government of Puducherry, “Chapter – XLII: Scientific Aids to Investigation”, available at: https://police.py.gov.in/Police%20manual/Chapter%

20PDF/CHAPTER%2042%20Scientific%20Aids%20to%20Investigation.pdf (last visited on Sep. 20, 2023).

3. Bureau of Police Research and Development, “Functions, Roles and Duties of Police in General”, p.no. 55, available at:

https://www.bprd.nic.in/WriteReadData/userfiles/file/6798203243-Volume%202.pdf (last visited on Sep. 20, 2023).
4. Sameera Khan, “The Growing Role of Forensic Science in Criminal Investigation: Admissibility in the Indian Legal System and Future Perspective”, available at: https://www.jetir.org/papers/JETIR2201538.pdf (last visited on Sep. 23, 2023).
5. The Code of Criminal Procedure, 1973 (Act No. 2 of 1974), s. 173.
6. Kevin J. Strom and Matthew J. Hickman, Forensic Science and the Administration of Justice: Critical Issues and Directions 43 (Sage Publications, USA, 2015).
7. Aprilia Bhirini Slamet, Sumali, et.al., “Scientific Criminal Investigation Legal Studies in the Police Investigation Process” 7(15) KnE Social Sciences 341-348 (2022), available at: https://doi.org/10.18502/kss.v7i15.12105 (last visited on Sep. 23, 2023).
8. Dr. B.P. Maithil and Rajesh Mishra, “Crime Scene Investigation: The foundation stone of crime detection, investigation and prosecution” 54(3) The Indian Police Journal 8 (July – Sep. 2007).
9. Bureau of Police Research and Development, “Forensic Science Accelerates Conviction Rate” 4 Vigilant India 5,7 (May 16-31, 2023), available at:

https://bprd.nic.in/WriteReadData/News/202306220342087859294VigilantIndiaEnglish4th.pdf (last visited on Sep. 30, 2023).
10. Shubham Pandey and Uday Shankar, “Integrating Forensic Techniques in Indian Criminal Justice System”, Dec. 10, 2022, available at:

https://www.scconline.com/blog/post/2022/12/10/integrating-forensic-techniques-in-indian-criminal-justice-system/#fnref2 (last visited on Sep. 22, 2023).
11. Nida Parveen, “Role of Forensic Science in a Criminal Investigation”, Aug. 29, 2020, available at:  https://indianlawportal.co.in/role-of-forensic-science-in-a-criminal-investigation/ (last visited on Sep. 26, 2023).
12. Ria Juneja, “A Clarion Call for the Use of Forensic Scientific Techniques in Criminal Investigation and Law in India” 5(4) International  Journal of Law, Management and Humanities 834 (2022).
13. Press Information Bureau Delhi, Jun. 26, 2022, available at: https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1837146 (last visited on Sep. 26, 2023).
14. Sanjeev K. Jha, “Forensic investigation mandatory in Delhi for cases that attract 6-yr jail term” Hindustan Times, Aug.  31, 2022, available at:

https://www.hindustantimes.com/india-news/forensic-investigation-mandatory-in-delhi-for-cases-that-attract-6-yr-jail-term-101661920408137.html (last visited on Sep. 22, 2023).
15. Bala Chauhan, “Now, Forensics a must in detection of heinous crimes” The New Indian Express, Feb. 23, 2023, available at:

https://www.newindianexpress.com/states/karnataka/2023/feb/23/now-forensics-a-must-in-detection-of-heinous-crimes-2549982.html (last visited on Sep. 22, 2023).
16. Bharatiya Nagarik Suraksha Sanhita (Bill No. 122 of 2023).
17. Press Information Bureau Delhi, “Union Home Minister and Minister of Cooperation, Shri Amit Shah introduces the Bhartiya Nyaya Sanhita Bill 2023, the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 and the Bharatiya Sakshya Bill, 2023 in the Lok Sabha, today” (Ministry of Home Affairs), Aug. 11, 2023, available at:

https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1947941#:~:text=Prime%20Minister%20

Shri%20Narendra%20Modi%20has%20taken%20a%20historic%20decision,

conviction%20ratio%20above%2090%20percent.

(last visited on Sep. 25, 2023).

18. National Judicial Academy, “Defective Investigation”, available at: https://nja.gov.in/Concluded_Programes_2015-16/SE-8_PPTs/4.Defective%20Investigation.ppt (last visited on Sep. 28, 2023). Also see, S.S. Upadhyay, “Laches in the Investigation of Crimes”, available at:

https://lawhelpline.in/PDFs/INVESTIGATION%20_OF_CRIMES/INVESTIGATION_OF_CRIMES.pdf (last visited on Oct. 02, 2023).
19. Justice (Retd.) U.L. Bhat, “Defects in Investigation”, available at: https://kjablr.kar.nic.in/assets/articles/defects_in_investigation.pdf (last visited on Oct.  02, 2023).
20. C. Muniappan v. State of Tamil Nadu, 2010 (6) SCJ 822.
21. Dashrath Singh v. State of U.P., (2004) 7 SCC 408.
22. Leela Ram v. State of Haryana, (1999) 9 SCC 525.
23. Prof. Bhaskar Datta, “What the Hand Print could have revealed”, Apr. 05, 2017, available at: https://news.iitgn.ac.in/2017/04/05/hand-print/ (last visited on Sep. 29, 2023).
24. Ministry of Home Affairs, Government of India, The Gore Committee Report on Police Training (Chapter V- Impact of Science and Technology), available at: https://police.py.gov.in/Police%20Commission%20reports/THE%20GORE%

20COMMITTEE%20REPORT%20ON.pdf (last visited on Oct. 02, 2023).
25. Ministry of Home Affairs, Government of India, “Status Note on Police Reforms in India” available at:

https://www.mha.gov.in/sites/default/files/PoliceReforms%28E%29181013.pdf (last visited on Oct. 02, 2023).
26. First Report, National Police Commission, available at: https://police.py.gov.in/Police%20Commission%20reports/1st%20Police%20commission.pdf (last visited on Oct. 02, 2023).
27. Third Report, National Police Commission, available at: https://police.py.gov.in/Police%20Commission%20reports/3rd%20Police%20Commission%20report.pdf (last visited on Oct. 02, 2023).
28. Sixth Report, National Police Commission, available at: https://police.py.gov.in/Police%20Commission%20reports/6th%20Police%20Commission%20Report.pdf (last visited on Oct. 04, 2023).
29. Seventh Report of the National Police Commission, available at:

https://police.py.gov.in/Police%20Commission%20reports/7th%20Police%20Commission%20report.pdf (last visited on Oct. 04, 2023).
30. Appendix I, Eighth Report of the National Police Commission, available at:

https://police.py.gov.in/Police%20Commission%20reports/8th%20Police%20Commission%20report.pdf (last visited on Oct. 04, 2023).
31. Eighth Report of the National Police Commission, available at:

https://police.py.gov.in/Police%20Commission%20reports/8th%20Police%20Commission%20report.pdf (last visited on Oct. 04, 2023).
32. Human Rights Initiative, “Summary of Ribeiro Committee’s Recommendations”, available at:

https://humanrightsinitiative.org/publications/police/recommendations_ribeiro.pdf (last visited on Oct. 04, 2023).
33. The Padmanabhaiah Committee on Police Reforms: A Critical Analysis of Some Important Recommendations, available at:

https://humanrightsinitiative.org/programs/aj/police/india/initiatives/analysis_padmanabhaiah.pdf (last visited on Oct. 04, 2023).
34. Human Rights Initiative, Workshop for the Media on Police Reforms (“Police Reform- Too Important to Neglect and too Urgent to Delay”), Background Note, Annexure VII, available at: https://www.humanrightsinitiative.org/programs/aj/police/india/workshops/media_on_police_reforms.pdf (last visited on Oct. 04, 2023).
35. Lok Sabha, “Police Reforms” (Ministry of Home Affairs, Mar. 11, 2003), available at:

https://archive.pib.gov.in/archive/releases98/lyr2003/rmar2003/11032003/r1103200322.htht (last visited on Oct.  04, 2023).
36. K. Deepalakshmi, “The Malimath Committee’s recommendations on reforms in the criminal justice system in 20 points” The Hindu, Jan. 17, 2018.
37. Government of India, “Report of the Committee on Reforms of Criminal Justice System” 101 (Ministry of Home Affairs, 2003), available at:

https://www.mha.gov.in/sites/default/files/criminal_justice_system.pdf (last visited on Oct. 04, 2023).
38. Government of India, “A Brief Note on the Bill proposed for the Model Police Act, 2006” (Ministry of Home Affairs), available at:

https://www.mha.gov.in/sites/default/files/Press_Brief_Oct_30.pdf (last visited on Oct. 04, 2023).
39. The Model Police Act, 2006 (Bill Proposed by Police Act Drafting Committee, 2005), available at:

https://www.mha.gov.in/sites/default/files/ModelAct06_30_Oct.pdf (last visited on Oct. 04, 2023).
40. Dr. Gopal Ji Misra and Dr. C. Damodaran, “Perspective Plan for Indian Forensics” (July, 2010) (Report presented to MHA, Government of India), available at: https://www.mha.gov.in/sites/default/files/IFS%282010%29-FinalRpt_0.pdf (last visited on Oct. 04, 2023). 
41. Law Commission of India, “239th Report on Expeditious Investigation and Trial of Criminal Cases Against Influential Public Personalities-Submitted to the Supreme Court of India in W P (C) NO. 341/2004, Virender Kumar Ohri v. Union of India & Others” (March, 2012).
42. Rajendra Pralhadrao Wasnik v. State of Maharashtra (2019) 12 SCC 460.
43. State of Bombay v. Kathi Kalu Oghad AIR 1961 SC 1808.
44. Rojo George v. Deputy Superintendent of Police, AIR 2010 SC 1974.
45. Dharam Deo Yadav v. State of Uttar Pradesh (2014) 5 SCC 509.

1. The Indian Evidence Act, 1872 (Act No. 1 of 1872), s. 45. The relevant provision deals with expert opinion.
2. Puducherry Police, Government of Puducherry, “Chapter – XLII: Scientific Aids to Investigation”, available at: https://police.py.gov.in/Police%20manual/Chapter%20PDF/CHAPTER%2042%20Scientific%20Aids%20to%
20Investigation.pdf (last visited on Sep. 20, 2023).
3. Bureau of Police Research and Development, “Functions, Roles and Duties of Police in General”, p.no. 55, available at: https://www.bprd.nic.in/WriteReadData/userfiles/file/6798203243-Volume%202.pdf (last visited on Sep. 20, 2023). Also see, Sameera Khan, “The Growing Role of Forensic Science in Criminal Investigation: Admissibility in the Indian Legal System and Future Perspective”, available at:
https://www.jetir.org/papers/JETIR2201538.pdf (last visited on Sep. 23, 2023).
4. The Code of Criminal Procedure, 1973 (Act No. 2 of 1974), s. 173.
5. Kevin J. Strom and Matthew J. Hickman, Forensic Science and the Administration of Justice: Critical Issues and Directions 43 (Sage Publications, USA, 2015).
6. Aprilia Bhirini Slamet, Sumali, et.al., “Scientific Criminal Investigation Legal Studies in the Police Investigation Process” 7(15) KnE Social Sciences 341-348 (2022), available at:
https://doi.org/10.18502/kss.v7i15.12105 (last visited on Sep. 23, 2023).
7. Dr. B.P. Maithil and Rajesh Mishra, “Crime Scene Investigation: The foundation stone of crime detection, investigation and prosecution” 54(3) The Indian Police Journal 8 (July – Sep. 2007).
8. Bureau of Police Research and Development, “Forensic Science Accelerates Conviction Rate” 4 Vigilant India 5,7 (May 16-31, 2023), available at: https://bprd.nic.in/WriteReadData/News/202306220342087859294VigilantIndiaEnglish4th.pdf (last visited on Sep. 30, 2023).
9. Ocular evidence refers to evidence of an eyewitness which is considered to be direct in nature.
10. Shubham Pandey and Uday Shankar, “Integrating Forensic Techniques in Indian Criminal Justice System”, Dec. 10, 2022, available at: https://www.scconline.com/blog/post/2022/12/10/integrating-forensic-techniques-in-indian-criminal-justice-system/#fnref2 (last visited on Sep. 22, 2023).
11. Nida Parveen, “Role of Forensic Science in a Criminal Investigation”, Aug. 29, 2020, available at:
https://indianlawportal.co.in/role-of-forensic-science-in-a-criminal-investigation/ (last visited on Sep. 26, 2023).
12. Supra note 10.
13. Ria Juneja, “A Clarion Call for the Use of Forensic Scientific Techniques in Criminal Investigation and Law in India” 5(4) International Journal of Law, Management and Humanities 834 (2022).
14. Press Information Bureau Delhi, Jun. 26, 2022, available at:
https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1837146 (last visited on Sep. 26, 2023).
15. Sanjeev K. Jha, “Forensic investigation mandatory in Delhi for cases that attract 6-yr jail term” Hindustan Times, Aug. 31, 2022, available at: https://www.hindustantimes.com/india-news/forensic-investigation-mandatory-in-delhi-for-
cases-that-attract-6-yr-jail-term-101661920408137.html (last visited on Sep. 22, 2023).
16. Bala Chauhan, “Now, Forensics a must in detection of heinous crimes” The New Indian Express, Feb. 23, 2023, available at: https://www.newindianexpress.com/states/karnataka/2023/feb/23/now-forensics-a-must-in-
detection-of-heinous-crimes-2549982.html (last visited on Sep. 22, 2023).
17. The alleged incident took place on May 18, 2022, wherein the accused confessed to have murdered his live-in partner over a heated argument and thereafter chopped off her body into 35 pieces and stored them all in a refrigerator; he disposed the parts in various instalments in the jungles of South Delhi area.
18. Police has so far relied on the DNA analysis as well as forensic psychology techniques like polygraph test (after seeking permission of the court).
19. Bill No. 122 of 2023.
20. Id., s. 176.
21. Press Information Bureau Delhi, “Union Home Minister and Minister of Cooperation, Shri Amit Shah introduces the Bhartiya Nyaya Sanhita Bill 2023, the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 and the Bharatiya Sakshya Bill, 2023 in the Lok Sabha, today” (Ministry of Home Affairs), Aug. 11, 2023, available at: https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1947941#:~:text=Prime%20Minister%20Shri%20Narendra%20Modi%20has%20taken%20a%20historic%
20decision,conviction%20ratio%20above%2090%20percent. (last visited on Sep. 25, 2023).
22. Chapter XII of the Code of Criminal Procedure, 1973, is titled as “Information to the Police and their Powers to Investigate” and covers sections 154 to 176 within its purview.
23. National Judicial Academy, “Defective Investigation”, available at:
https://nja.gov.in/Concluded_Programes_2015-16/SE-8_PPTs/4.Defective%20Investigation.ppt (last visited on Sep. 28, 2023). Also see, S.S. Upadhyay, “Laches in the Investigation of Crimes”, available at:
https://lawhelpline.in/PDFs/INVESTIGATION%20_OF_CRIMES/INVESTIGATION_OF_CRIMES.pdf (last visited on Oct. 02, 2023).
24. Justice (Retd.) U.L. Bhat, “Defects in Investigation”, available at:
https://kjablr.kar.nic.in/assets/articles/defects_in_investigation.pdf (last visited on Oct. 02, 2023).
25. See C. Muniappan v. State of Tamil Nadu, 2010 (6) SCJ 822; Dashrath Singh v. State of U.P., (2004) 7 SCC 408; Leela Ram v. State of Haryana, (1999) 9 SCC 525.
26. See Prof. Bhaskar Datta, “What the Hand Print could have revealed”, Apr. 05, 2017, available at: https://news.iitgn.ac.in/2017/04/05/hand-print/ (last visited on Sep. 29, 2023). Arushi Talwar murder case seems to be a classic example to substantiate the point mentioned in the text.
27. Supra note 4, ss. 53-54.
28. 2010 CrLJ 4341.
29. Ministry of Home Affairs, Government of India, The Gore Committee Report on Police Training (Chapter V- Impact of Science and Technology), available at:
https://police.py.gov.in/Police%20Commission%20reports/THE%20GORE%20COMMITTEE%20REPORT%20ON.pdf (last visited on Oct. 02, 2023).
30. Ministry of Home Affairs, Government of India, “Status Note on Police Reforms in India” available at: https://www.mha.gov.in/sites/default/files/PoliceReforms%28E%29181013.pdf (last visited on Oct. 02, 2023).
31. First Report, National Police Commission, available at:
https://police.py.gov.in/Police%20Commission%20reports/1st%20Police%20commission.pdf (last visited on Oct. 02, 2023).
32. Third Report, National Police Commission, available at: https://police.py.gov.in/Police%20Commission%20reports/3rd%20Police%20Commission%20report.pdf (last visited on Oct. 02, 2023).
33. Sixth Report, National Police Commission, available at: https://police.py.gov.in/Police%20Commission%20reports/6th%20Police%20Commission%20Report.pdf (last visited on Oct. 04, 2023).
34. Seventh Report of the National Police Commission, available at: https://police.py.gov.in/Police%20Commission%20reports/7th%20Police%20Commission%20report.pdf (last visited on Oct. 04, 2023).
35. Appendix I, Eighth Report of the National Police Commission, available at: https://police.py.gov.in/Police%20Commission%20reports/8th%20Police%20Commission%20report.pdf (last visited on Oct. 04, 2023).
36. Eighth Report of the National Police Commission, available at: https://police.py.gov.in/Police%20Commission%20reports/8th%20Police%20Commission%20report.pdf (last visited on Oct. 04, 2023).
37. Human Rights Initiative, “Summary of Ribeiro Committee’s Recommendations”, available at: https://humanrightsinitiative.org/publications/police/recommendations_ribeiro.pdf (last visited on Oct. 04, 2023).
38. Ibid.
39. The Padmanabhaiah Committee on Police Reforms: A Critical Analysis of Some Important Recommendations, available at: https://humanrightsinitiative.org/programs/aj/police/india/initiatives/analysis_padmanabhaiah.pdf (last visited on Oct. 04, 2023).
40. Human Rights Initiative, Workshop for the Media on Police Reforms (“Police Reform- Too Important to Neglect and too Urgent to Delay”), Background Note, Annexure VII, available at:
https://www.humanrightsinitiative.org/programs/aj/police/india/workshops/media_on_police_reforms.pdf (last visited on Oct. 04, 2023).
41. The Committee had made about 240 recommendations for facilitating police reforms. See, Lok Sabha, “Police Reforms” (Ministry of Home Affairs, Mar. 11, 2003), available at:
https://archive.pib.gov.in/archive/releases98/lyr2003/rmar2003/11032003/r1103200322.htht (last visited on Oct. 04, 2023).
42. See K. Deepalakshmi, “The Malimath Committee’s recommendations on reforms in the criminal justice system in 20 points” The Hindu, Jan. 17, 2018.
43. Government of India, “Report of the Committee on Reforms of Criminal Justice System” 101 (Ministry of Home Affairs, 2003), available at: https://www.mha.gov.in/sites/default/files/criminal_justice_system.pdf (last visited on Oct. 04, 2023).
44. Id. at 274.
45. See Government of India, “A Brief Note on the Bill proposed for the Model Police Act, 2006” (Ministry of Home Affairs), available at: https://www.mha.gov.in/sites/default/files/Press_Brief_Oct_30.pdf (last visited on Oct. 04, 2023).
46. Ibid.
47. The Model Police Act, 2006 (Bill Proposed by Police Act Drafting Committee, 2005), available at: https://www.mha.gov.in/sites/default/files/ModelAct06_30_Oct.pdf (last visited on Oct. 04, 2023).
48. Id., s. 137.
49. Dr. Gopal Ji Misra and Dr. C. Damodaran, “Perspective Plan for Indian Forensics” (July, 2010) (Report presented to MHA, Government of India), available at:
https://www.mha.gov.in/sites/default/files/IFS%282010%29-FinalRpt_0.pdf (last visited on Oct. 04, 2023). Committee of Dr. Gopalji Mishra (Retired IG and Director, FSL, Punjab) and Dr. C. Damodaran (Retired Director, Forensic Science Department, Tamil Nadu) presented a Perspective Plan for Indian Forensics in 2010.
50. Ibid.
51. Law Commission of India, “239th Report on Expeditious Investigation and Trial of Criminal Cases Against Influential Public Personalities-Submitted to the Supreme Court of India in W P (C) NO. 341/2004, Virender Kumar Ohri v. Union of India & Others” (March, 2012).
52. Rajendra Pralhadrao Wasnik v. State of Maharashtra (2019) 12 SCC 460.
53. AIR 1997 SC 610.
54. State of Bombay v. Kathi Kalu Oghad AIR 1961 SC 1808.
55. The Constitution of India, 1950, art. 20: “Protection in respect of conviction for offences”. Article 20(3) states, “No person accused of any offence shall be compelled to be a witness against himself”.
56. AIR 2010 SC 1974.
57. (2014) 5 SCC 509.