The Unequal Development Of Forensic Infrastructure And Its Impact On Criminal Justice Under The New Criminal Laws
- IJLLR Journal
- 30 minutes ago
- 2 min read
Kislay Raj, Christ (Deemed to be University) Bengaluru
ABSTRACT
The enactment of the Bharatiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Bharatiya Sakshya Adhiniyam, 2023 (BSA) represents a momentous move towards evidence- based justice in India. These legislations considerably enhance the role of forensic science in criminal investigations by making forensic examination compulsory in investigations of serious crimes and enhancing evidentiary requirements for digital and scientific evidence. But India's reality starkly contrasts it in its forensic infrastructure. The disparities present is not just ubiquitous but also concerning. Metropolis and central laboratory locations tend to include higher tech facilities and staff compared with multiple states, particularly rural and underserved states, that contend with outdated - ineffective equipment, significant shortfalls in staffing, lack of accreditation, and large backlogs - collectively, these factors create disparity in the progress of laboratory practice which will likely make statutory protection tremendously challenging in the, not too distant, future versus the constitutional guarantees of equality before the law (Article 14) and a lawfully mandated trial (Article 21). This author will examine both statutory provisions and judicial decisions, through a doctrinal study, and navigate the gap between legislative aspirations, versus institutional capability. It also examines policy initiatives like the National Forensic Infrastructure Enhancement Scheme (NFIES), an upgrade of the National Forensic Sciences University (NFSU), and judicial orders for addressing these shortfalls. The research concludes that unless the reforms at the system levels in infrastructure, human resources, standardization, and regulation are seriously undertaken, the vision of a modern, scientific, and equitable criminal justice system under the new laws can remain unattained.
Keywords: Forensic science, Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), Bharatiya Sakshya Adhiniyam (BSA), forensic infrastructure, criminal justice reform, Article 14, Article 21, speedy trial, equality before law, forensic laboratories, digital forensics, DNA profiling, NFIES, NFSU, criminal law in India.
