From Discretion To Mandate: Re-Engineering Police Investigation Through Forensic Science Under The BNSS, 2023: A Socio-Legal Analysis Of Section 176 And Investigative Accountability
- IJLLR Journal
- Aug 7
- 1 min read
Aarushi Chauhan, Symbiosis Law School, Pune
ABSTRACT
However, the introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 signifies a paradigm shift in the criminal procedure of India by making forensic investigation a statutory obligation instead of leaving it as the discretion of the investigating police force, particularly section 176(3) of the act, which mandates forensic examination of offenders who are liable for offences attracting seven years or more of imprisonment. In this regard, the paper attempts to conduct a doctrinal as well as socio-legal analysis on this shift and questions whether it has the power to revolutionize the investigative procedures or whether it merely formalizes the existing institutional constraints. In this connection, the research work makes an analysis based on the Due Process and Crime Control Models of criminal justice, and Institutional Theory on the interaction between BNSS and Bharatiya Sakshya Adhiniyam, 2023, along with judicial consideration of forensic evidence in cases like Prakash Nishad v. State of Maharashtra, Selvi v. State of Karnataka and Shafhi Mohammad v. State of Himachal Pradesh. It is clear from the paper that reform needs to be done through building up institutional capabilities, proper oversight of regulation by an independent body, and granting defense access to independent forensic testing. The paper makes some suggestions for immediate, mid, and long-term reforms and one suggestion includes the formation of a National Forensic Authority.
