A Bench comprising Justices Joymalya Bagchi and Gaurang Kanth, noting that the BNSS, which has replaced the Criminal Procedure Code, 1973, requires forensic examination of crime scenes.
KOLKATA: Today (5th July): The Calcutta High Court recently instructed the Central Government to designate the National Institute of Biomedical Genomics (NIBMG) as a Central Forensic Sciences Laboratory (CFSL) under Section 329(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
This directive was issued by a Bench comprising Justices Joymalya Bagchi and Gaurang Kanth, noting that the BNSS, which has replaced the Criminal Procedure Code, 1973, requires forensic examination of crime scenes.
“Section 176(3) of the BNSS mandates forensic examination of crime scenes in cases where the punishment is seven years or more. This will significantly increase the workload on existing Central and State Forensic Laboratories to analyze forensic samples, particularly blood and other body fluids for DNA analysis, collected from crime scenes. The National Institute of Biomedical Genomics (NIBMG) is a leading institution in human DNA research, equipped with the necessary infrastructure and qualified personnel to conduct forensic DNA analysis in criminal cases,”
the Court observed.
Advocates Debasish Roy and RD Nandy appeared on behalf of the State government.
Advocates Sourav Chatterjee and Anish Kumar Mukherjee represented the Centre.
Recognizing the critical role of DNA and forensic analysis in investigations, the Court has directed the Union to designate the NIBMG as a CFSL.
The Court noted that, since the NIBMG is fully owned by the Central Government, there is no legal impediment to designating its scientists as ‘government scientific experts’ authorized to analyze DNA samples under Section 329(4) of BNSS.
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The Court reviewed a report submitted by the Union of India on the implementation of new and emerging techniques in DNA analysis and other forensic sciences.
It was observed that a committee had been formed to examine this issue, underscoring the necessity of DNA and forensic analyses for effective and thorough investigations.
The Court emphasized that in all rape cases, DNA analysis is legally mandated to identify the offender.
The petitioners were represented by Advocates Imtiaz Ahmed, Ghazala Firdous, Mofakkerul Islam, Smita Saha, Sk Sahidullah, Mithun Mondal, and Md. Arsalan.
