Revolutionizing Criminal Justice: The Transformative Role of Forensic Science Under India’s New Legal Frameworks”

Dr. Parveen Kumar Janjua

HOD Department of Forensic Science

Kalinga University Naya Raipur

The criminal justice system is the backbone of any society that values the rule of law and fairness. Over the years, forensic science has emerged as a pivotal element in this system, offering objective and scientifically validated evidence to solve crimes and uphold justice. Recognizing the evolving nature of crime and advancements in technology, India has introduced key legislative reforms, including the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam. These reforms underscore the importance of forensic science in investigations, strengthen the legal framework for evidence, and aim to improve the overall efficiency of the criminal justice system.

1. Bharatiya Nyaya Sanhita (BNS): Modernizing Criminal Law

Replacing the Indian Penal Code (IPC), the BNS introduces significant reforms that integrate forensic science into the legal process more comprehensively.

• Structured Framework for Evidence: The BNS provides detailed provisions for the collection, preservation, and use of forensic evidence in legal proceedings. It explicitly recognizes modern forensic techniques like DNA profiling, fingerprint analysis, and digital forensics, ensuring their systematic application in criminal trials.
• DNA Profiling: DNA evidence is central to modern investigations due to its unmatched accuracy in identifying individuals. The BNS establishes strict protocols for sample collection and database management, ensuring scientific reliability. These measures enhance law enforcement’s ability to solve complex cases and even overturn wrongful convictions through post-trial DNA testing.
• Forensic Involvement in Investigations: Under the BNS, forensic experts play a more integral role in guiding evidence collection during investigations. Their involvement from the outset ensures adherence to scientific standards, improving the accuracy of findings and minimizing errors.

2. Bharatiya Nagarik Suraksha Sanhita (BNSS): Strengthening Public Safety

The BNSS prioritizes public security by addressing emerging threats such as cybercrime, terrorism, and organized crime. Forensic science is placed at the forefront of efforts to combat these challenges.

• Digital Forensics in Cybercrime: As digital crimes escalate, the BNSS highlights the role of digital forensic tools in investigating offenses such as hacking, identity theft, and online fraud. It emphasizes handling electronic evidence with precision and mandates protocols for maintaining its integrity.
• Combating Organized Crime and Terrorism: The law introduces advanced forensic technologies, such as toxicology and explosives analysis, to aid in the investigation of terrorism and cross-border crimes. It also proposes creating national databases to assist in tracking offenders and identifying patterns across jurisdictions.

3. Bharatiya Sakshya Adhiniyam: Reinventing the Rules of Evidence

The Bharatiya Sakshya Adhiniyam, a revised version of the Indian Evidence Act, brings forensic science to the forefront of judicial decision-making.

• Enhanced Standards for Forensic Evidence: The act introduces clear guidelines for managing evidence, including chain-of-custody requirements and protocols for sample preservation. These measures ensure evidence remains untampered and credible throughout the legal process.
• Expert Testimony: To avoid inaccuracies in evidence interpretation, only qualified forensic professionals with proven expertise are permitted to testify in court. This ensures that scientific findings are accurately presented.
• Evaluation of Forensic Evidence: Courts are now guided on how to assess forensic evidence, including its reliability and relevance. This ensures that it is appropriately weighed alongside other forms of evidence during trials.

Addressing Challenges and Future Perspectives

While these reforms are a step forward, their success depends on addressing critical challenges:

• Infrastructure Development: Expanding the network of accredited forensic laboratories and training personnel is essential, especially in underdeveloped regions.
• Keeping Pace with Technology: Rapid advancements, such as artificial intelligence in crime detection and advancements in forensic biotechnology, must be continuously incorporated into forensic practices.
• Capacity Building: Regular training for investigators, forensic experts, and judicial officers will be key to ensuring the effective implementation of these laws.

Conclusion

The introduction of the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam represents a transformative shift in India’s criminal justice system. By formalizing the role of forensic science, these laws enhance the credibility and efficiency of investigations and trials. Addressing implementation challenges will further strengthen the legal system, ensuring justice is delivered in a scientifically robust manner. As crimes become more sophisticated, these legislative reforms provide a strong foundation for a fair and transparent justice system.