Research Questions:

• What is the basic meaning of forensic science?
• Why forensic science and criminal investigation system needs to be studied together?
• How forensic science developed in India?
• What are the laws that regulate forensic science in India?
• What are the current challenges being faced by forensic science and its impact on the criminal investigation system in India?

Re-search Methodology
The research methodology used in this study is based on primary information sources like case laws, statutes as well as the secondary information sources like online journals, website and blogs. The current exploration work contains a basic examination and a definite investigation of the point – FORENSIC SCIENCE AND CRIMINAL INVESTIGATION SYSTEM IN INDIA. This study includes in-depth web browsing, an overall study of the subject, and elaborate theoretical research.

Abstract
Forensic Science is a wide field, there a lot of ways through which the crimes are being committed and hence there a lot of ways by which these crimes can be assessed. This makes it important for the need of the criminal justice system to have active role of forensic science in it. The investigations of the crime scenes require sample collection. The collection of samples of the accused are important as well so as to do a comparative analysis of the evidence found.

The rules and laws governing the admissibility and the allowance of collection of samples need to be updated according to the on gong advanced crimes. There needs to be better infrastructure for the labs that are analyzing such important and time sensitive information. There is active interdependency in both the fields and it is high time that it gets the acknowledgment so as to work towards the growth and developmental aspect of the criminal investigation system. Various cases have time and again made the justice system realize the need of a better approach.

Introduction
Overview

1. Definition
   In order to understand what Forensic Science exactly is and why it is important and high time that there are some considerable developments in this field and why even the common man needs to understand forensics, it is first necessary to understand its legal meaning. According to the Black Law's Dictionary, "forensic means something that belongs to or is suitable for courts of justice."[1] The term comes from the Latin words forensis, which means 'in open court or public'.
   
   Forensic science is the application of natural sciences to matters of the law. In practice, forensic science draws upon physics, chemistry, biology, and other scientific principles and methods. Forensic science is concerned with the recognition, identification, individualization, and evaluation of physical evidence. Forensic scientists present their findings as expert witnesses in the court of law.[2]
   
   Various television shows have cleared one thing in the mind of the common man that it is something related to the lab. Indeed, Forensic Science is something related to the lab work, but for a person in the field of Law and Crime it is a need to understand the crucial importance of Forensic Science after any crime is allegedly committed. The basics of evidence is well understood by all the professionals. It sets the tone of the investigation and what the parties so involved' s future looks like.
   
   The forensic scientists visit the crime scene and collect physical evidence so present and seal in and analyse the same in the labs. This further gets presented on the court and is admissible under the The Bharatiya Sakshya Bill, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023. Forensic Sci. in itself covers analysis of the following, DNA, toxicology, digital forensics, and forensic anthropology.
    
2. Scope in Criminal Justice system
   Forensic science is deeply intertwined with the criminal investigation system. As it has been made clear in the aforementioned point, forensic science is essential to make things transpicuous for the investigation to go in a certain direction. It might even allow us to re-construct how the events took place while the crime was being committed. This single sentence tells a lot about the importance of forensics in criminal investigation. To define it in one sentence, it provides scientific aid to criminal investigations.
   
   The evidence is collected and analysed through various means. When it comes to level of investigation no matter what will be the level of severity of the case nothing can prove more beneficial to the crime investigator than the use and implementation of the principles of forensic science. The results of those forensic investigations can mark the difference between the acquittal and conviction in the court of law.[3]

Importance in Criminal Investigations

1. How Forensic Science Aids in Solving Crime
   To understand how forensic science aids in solving crime it is important to understand the way the forensic scientists' procedure works and what are the types of the same. The scientists arrive at the crime scene, secure and collect physical evidence from crime scenes. There is documentation of the evidence available, they carefully visually assess the scenes, take photographs, draw sketches and then look for potential evidence which then is packed and sealed as per the guidelines provided by the law. It then is taken to the lab as evidence and analysed further. The evidence is then linked with the suspects and the timelines of the crime are re-constructed, creating a clear pathway for the investigation.

Current role in the Indian legal framework
Although on one hand there are certain provisions given in the Indian legal system which provides for the collection of samples, on the other hand there are quite a lot of loopholes for the alleged criminal to save themselves and regarding the admissibility in the court of the examination. Article 20(3) of the Constitution states that:
"No person accused of any offence shall be compelled to be a witness against himself." [4]The forensic scientists are even called upon in the court to give witness statements to corroborate the findings and explain the scientific methods used to analyse evidence and the significance of their findings.

Forensic Science Framework in India

1. Historical Development of Forensic Science in India

   The word 'forensic' s' origin can be seen in the Latin language as 'forensis' wherein it was referred to the in the Ancient Rome's law of courts. The earliest evidence for forensic is from 1647, in the writing of L. Seaman. [5] In the modern sense forensics can be understood as the application of scientific knowledge to legal problems. Although in the ancient times there was a heavy reliance on what the witness statements suggested towards there can be found some instances like the Arthshastra wherein it was given by Chanakya how the poisons can be identified. But much of the investigation work was decided through what a person's standing was in society and what they could and couldn't prove through their observance.
   
   In the British era, it's a well known fact that due to increase in the criminal activates they enacted the Indian Penal Code of 1860 but the ventures did not end at the detection and identification only. They also established different forensic institutions from 1892-1930. The first among these was the Chemical Examiner's Laboratory at Madras in 1849.
   
   Poison death were of high occurrence and hence the need to punish properly arose which could only be done after a crucial analysis. Henceforth increasing the importance of the Chemical Examiners. They established different forensic institutions for applying new technology in the field of crime detection.[6] Overtime different bureaus as per the need got established leading to the current updated infrastructure of the Forensic Science.

Key Statutory Provisions
The Indian Legal Framework provides for some provisions related to the admissibility of the forensic evidence.

Following are the key provisions:

1. The Bhartiya Sakshya Adhiniyam, 2023The Bharatiya Sakshya Adhiniyam, 2023, earlier known as the Indian Evidence Act, 1872, was the earliest act to have acknowledged the importance of 'evidence'. It was through various amendments and judicial pronouncements that it added the importance of forensic evidence. The act essentially lays down the way the evidence shall be admitted in the court and the weight it carries. This act hence is an important act for the validity of the forensic science.
   • Section 2(e) "evidence" means and includes—
     • All documents, including electronic or digital records, produced for the inspection of the Court. These documents are called documentary evidence, meaning that all the analysis done by the scientist in the lab and the documents so produced can be included under this definition of evidence.
   • Section 39. Opinions of experts.
     • 39(1) talks about how the court, when in need to form opinions about a point of foreign law or science, art, or other fields, or as to identity of handwriting or finger impressions, may take the opinions of experts. Experts also include forensic experts who have knowledge related to handwriting or finger impressions.
   • Section 39(2)
     • This section deals with the opinions of an Examiner of Electronic Evidence (referred to as 'expert'). It validates the opinions of these experts in digital forensics, including cases where there is a role of electronic records such as information transmitted or stored in any computer resource or other electronic or digital form.
   • Section 72
     • This section allows for the comparison of signatures, writing, or seals with others admitted or proved, which requires the opinion and analysis of the expert.
        
2. Bharatiya Nagarik Suraksha Sanhita, 2023 The Bharatiya Nagarik Suraksha Sanhita, 2023, earlier known as the Code of Criminal Procedure, 1973, deals with the procedural aspects of criminal law in India, making forensic science a crucial part. The evidence provided plays a role in further investigation and punishment or remedial actions. Under provisions like the summon of witnesses, forensic experts may also be called upon to give their witness statements.
   • Section 51 allows the police to collect biological and physical samples such as fingerprints, palm prints, handwriting, and signatures, which forensic scientists analyze.
   • Section 176 mandates forensic testing in every offense where the punishment exceeds seven years.
      
3. Bharatiya Nyaya Sanhita, 2023 The Bharatiya Nyaya Sanhita, 2023, earlier known as the Indian Penal Code, 1860, does not specifically mention forensic science. However, certain crimes can only be solved through forensic investigations, making the act intertwined with forensic science at the root level.
   • Section 123 talks about causing hurt by means of poison, which involves forensic scientists analyzing harmful substances.
   • Sections 228, 229, 336 deal with forgery and false documentation, which might require forensic analysis to differentiate between real and forged documents.
   • Sections 272 to 276 discuss the adulteration of food, drink, and drugs, requiring forensic analysis to ensure public safety.
      
4. The Criminal Procedure (Identification) Act, 2022 This act, passed in April 2022, replaced the Identification of Prisoners Act, 1920. It allows the police to collect physical and biological samples of convicts and accused individuals for further analysis by forensic scientists.
   • Under Section 51 of the BNSS, the police can collect data like fingerprints, palm prints, photographs, iris and retina scans, signatures, handwriting, and more. The analysis is conducted by forensic scientists, ensuring efficiency in the investigation process.
   • The rights of storage, preservation, and sharing lie with the National Crime Records Bureau (NCRB), which facilitates sharing with investigating agencies.
      
5. Information Technology Act, 2000 The IT Act, 2000, deals with cybersecurity issues, where digital forensics plays a critical role. Section 65B allows the admissibility of electronic records as evidence in court.
    
6. The DNA Technology (Use and Application) Regulation Bill, 2019 The DNA Technology (Use and Application) Regulation Bill, 2019 also known as DNA Profiling Bill was launched so as to identify people via DNA. The Bill had been formulated recognizing the need for regulation of the use and application of Deoxyribonucleic Acid (DNA) technology, for establishing identity of missing persons, victims, offenders, under trials and unknown deceased persons.[9] The purpose or objective of the bill can be understood as an effort made by the government to expand the DNA based forensic tech to improve the criminal justice system. The use and importance of DNA assistance in the investigation is familiar globally. This Bill would have been a new ray in the fields of forensic science as well criminal justice system, but this bill was withdrawn in the year 2023.
    
7. Institutional Setup Institutional setup refers to the policies, processes, systems, and structures that organizations use to plan, manage, and legislate operations. The following come under the institutional setup for the collaboration of forensic science and criminal investigation in India.
   1. Role of forensic laboratories
      • The first forensic laboratory in India was established by the British to investigate poison-related killings. Forensic Science Laboratories (FSLs) have since become an essential part of criminal investigations. They are multidisciplinary institutions that undertake sophisticated scientific work for crime detection and justice.
      • Examples of forensic laboratories in India include:
        • Central Forensic Science Laboratories (CFSLs) located at Chandigarh, Delhi, Bhopal, Pune, Kolkata, Guwahati, and Hyderabad.
        • The Directorate of Forensic Science Services (DFSS) and
        • The National Cyber Forensic Laboratory- As the name suggests it looks into the cyber and digital forensics and it is located in CFSL Hyderabad.
        These are governed, as discussed by various laws like, the BSA, the BNSS, the NDPS, the Criminal Procedure (Identification) Act.
         
   2. PoliceThe groundwork is done by the police in every crime investigation. They are the first official responders on these scenes, hence making them also as crucial part as India doesn't have any specific forensic team assigned. So many a times it is the police officers who collect the evidence and seal them and further send it to the labs.
      
      This creates issue as they are not given training as such so there are chances that they might miss out on details. Although it was not previously mandated, the recent developments have established the necessary and the mandatory assistance of the forensic teams. Despite that the police is still a crucial part as they will be investigating out in the field so they need the assistance and understanding of the basics of forensics.
       
   3. Judiciary
      The judiciary is a part of the institutional setup as it has the most important role of deciding the fate of the accused. They admit the scientific evidence produced by the experts and question them further or ask for their opinions where so required to make the investigation more efficient and justiciable. It is on the judiciary to question the validity and the procedure followed to collect, process and analyze the evidence.
      
      In order for a fair criminal investigation trial the judiciary can be considered as the supreme power as it further compares and analyze and set the final tone of the investigation so far conducted whole being intra vires to the relevant laws.

Current Issues:

1. Infrastructural and Technological Limitations
   The current crime rates are ever increasing in India and that is not a hidden knowledge. But on the other hand, the forensic science labs are in shortage with a lack in the expert personnel working there. These labs are overworked and underemployed. The positions are vacant increasing the ever increasing workload. This is turning into a hazard for the criminal investigation system as well as the there is significant delay in the analysis done in result creating hurdles in the investigation specially if it is a time sensitive issue.
   
   Even the experts in the field are of opinion that the speed of crime is way faster than the speed of growth of forensic labs. A large amount of cases is closed due to lack of evidence suggesting a hint on the lack of infrastructure in forensic. Of the 3,211 sanctioned posts for 26 forensic science laboratories for which this information was available, 40% were vacant. Of the 1,294 vacant posts, more than two in three were scientific posts, that include personnel involved in any part of a forensic examination, such as the director, scientific officer, laboratory assistant or digital analyst.[11]
   
    
2. Delays in Forensic Analysis and Investigations
   This can be understood in the context of above point. The lack of personnel and the shortage of government issued labs are creating a significant workload of the people working in the field and hence cause delays in the reports on criminal trials. Most of the crimes committed are time sensitive, whether it be due to perishable evidence or the nature of the crime. These delays are causing unrest and going against the principles of 'justice delayed is justice denied' and the 'presumption of innocence'.
   
   The delay ultimately extends the custody period and hence violation of their rights while they wait for the reports to come out. The slower the reports are released the slower the trials run, ultimately creating a lot of pending cases in the judiciary and increasing their workload as well. This ultimately harms the victims of the crime as well as the justice further keeps getting denied.
    
3. Untrained Investigating Officers
   The investigating officers are not given proper training with regards to the forensic science. There have been many times untrained police personnel have missed out on crucial evidence which further created hurdles in the investigation and the trial process. They have to identify, collect, package and seal the evidence found on the crime scene and transport it to the forensic labs for the analysis.
   
   If the officer is untrained they might contaminate the evidence and the crime scene itself. Not wearing masks, gloves might end up in mixing of the DNA which could have been found. There needs to be an urgent infrastructure diversion to train the officers in the basics of forensic science as well. As this is creating a challenge in proper analysis and investigation.
    
4. Challenges in Admissibility of Forensic Evidence in Court
   There is a lack of uniform guidelines across the state laboratories. This means that each FSL might follow different method to analyze and formulate the report. This would hamper the set documentation like chain of custody and evidently create a challenge in admissibility in the court of the evidence. Without this standardization there are risks of evidence tampering and contamination.

It is also hard for the law professionals to keep up with all the new available technology in the forensic field to analyze. This might create an issue of admissibility in the court.

There is a sense of variability in the forensic analysis as there are chances of prejudices of the forensic experts. There might be 2 different expert opinions on the same given data. Although this is basic human bias, it creates a hurdle in the admissibility by the other party.

Case Studies:

1. Aarushi Talwar Case[12]
   This case clearly shows why there is an urgent necessity for the police personnel to be trained in the forensic science related to the criminal investigation so that they do not end up sabotaging the whole case. The double murder case of Aarushi Talwar and Hemraj left the entirety of India in shock. Aarushi was a 14 year old 9th class student to a dentist couple in Noida. On 16th May 2008 morning she was dead with her throat slit in her bedroom and the worker missing.
   
   The same day Dr. Rajesh Talwar filled a complaint to the UP police stating that Hemraj was the murder of his daughter as he was also missing since the incident. But this suspicion was soon quashed when Hemraj's body was found on 17th May 2008 on the terrace of their building. The police were slacking in their duties of properly sealing the crime scene. As many people including media kept coming inside the active crime scene, further contaminating it and leading to the loss of potential evidence. 24 fingerprints found; 22 declared to be unfit for the comparison.
   
   The evidence was lost and after that they arrested Rajesh Talwar and then the case was transferred to the CBI on the family's request. Rajesh's contention on being asked how he couldn't hear the screams/any noise of their daughter was that their room's AC was very noisy making hard for them to hear anything outside of the room. The CBI looked into this and stated that "The investigation and scientific examination results could not connect accused Rajesh Talwar with the crime and that in view of the above circumstances further judicial custody remand of accused Rajesh Talwar was not required in the interest of justice."
   
   The next arrest was of Krishna, compounder of Dr. Rajesh. He was tested through polygraph, brain mapping and narcoanalysis at the Bangalore FSL. After conducting similar tests on Rajkumar (servant of friends of Talwars) and Vijay Mandal (servant of Talwars' neighbors) were also arrested. The servants admitted to committing the crime in their narcoanalysis test.
   
   This however was sabotaged as there was no potential physical evidence found expect the above mentioned tests as it was all destroyed or lost due to the negligence of the police personnel. A new CBI team formed on 10th September 2009 to investigate the murder of Aarushi and Hemraj. The team made material shifts, including adding post mortem statements about Aarushi' s private parts.
   
   New theories were proposed, including the use of golf sticks and a scalpel, despite no evidence. Despite the first round of scientific tests revealing no involvement of the parents, the second team conducted a narcoanalysis test, revealing that Rajesh and Nupur Talwar were not involved in the crime. Despite these findings, the CBI maliciously hid these documents. The CBI's closure report due to insufficient evidence was challenged by Talwars.
   
   This investigation relied heavily on the forensic analysis mainly DNA, fingerprint and blood samples which was actively lacking in potential physical evidence of the scene.
    
2. Sister Abhaya Case[13]
   This was another case in which there was a lot of involvement of forensics in the investigation process. Sister Abhaya was found dead on 27th March 1992 who was a nun at the Knanaya congregation and was a resident of Pius X convent in Kottayam. Her body was found in the well of the convent hostel. It was initially ruled as a case of suicide. Dr. C Radhakrishnan, a forensic surgeon and former Principal of Kottayam Medical College, conducted a post-mortem on the death of Abhaya, stating death by drowning. However, the crime branch denied him a visit to the crime scene, citing state forensic chief noted six homicidal injuries on the body of the deceased.
   
   The court ordered formulation of 2nd CBI team to conduct the investigation and they ruled it as murder. The 3rd CBI team was formed and then the court ordered narcoanalysis of the accused Fr. Thomas Kottoor, Fr. Jose Poothrikkayil, Sr. Sephy. Sister Sephy's vaginal swab was said to have been tempered with and ultimately the court later declared this test as unconstitutional. The CDs of the test was alleged to be tempered with and the CDIT tests revealed that it was tempered with 30 times. The court directed CBI to find out the originals.
    
3. Nirbhaya Case[14]
   Rape cases rely heavily in the DNA testing, the fingerprint testing and blood samples. Much was the case in the 2013 chilling rape case of Nirbhaya. Nirbhaya was gangraped and murdered by the accused. During the case trial the court stated the importance of the DNA testing. It admitted that there is an increase in the reliance on the DNA evidence. Section 53A and 164A of CrPc which allows for examination of accused and victim of rape as a statutory scheme. The court held that DNA report are definitely admissible unless there is tempering in the report or sample collected."
    
4. Tandoor Murder Case[15]
   The tandoor murder case of Delhi was the first criminal investigation solved with the aid of forensics. The case's facts followed the murder of Naina Sahni, a 29 year old woman by her husband Sushil Sharma. He shot her because of his suspicion that she was having affair with Karim, her classmate. He took the body to the Bagiya restaurant where he and Keshav Kumar the manager tried to burn her body in the Tandoor.
   
   The police then started their investigation and recovered Sharma's revolver and blood-stained clothes and sent them to Lodhi Road FSL. They send the blood samples of Sahni's parents to Hyderabad FSL for DNA testing. The lab reports of the charred body suggested that it was indeed of Naina Sahni. This case clearly shows the importance of forensic in the criminal investigation system and how much it accelerates the process.

Conclusion
Findings
To summarize the findings of the re-search paper, it is clear that forensic plays a very important role in the criminal investigation. But it is still not given the recognition and infrastructure that it deserves. There needs to be active awareness in the people about the importance of forensics. This would ultimately also increase the amount of people wanting to join the field.

There needs to be a formal and compulsory training programs for the police personnel so that they don't end up sabotaging the ongoing investigations by losing and /or contaminating the evidence that could be or is found on the crime scene. Proper units of gloves and masks should be provided to these personnel as well. Apart from training to the police, there needs to be a forensic team compulsory to visit the crime scene and analyze and pick up the evidence themselves.

After going through the existing laws, it is of the opinion of the author that there needs to be active re-search and new policies to be made in respect of the field and the inter dependency of both. There is no specific law or act that governs forensic science and criminal investigation leaving room for a lot of errors and varied interpretations. With a codified law or act there would be specific and mandatory guidelines that would be followed by every lab that is involved in the crime investigation process. Further these policies or act would need to provide for basic standardized method and process to analyze the evidence so that there is little to no room left for basic human biasness.

Laws like the Criminal Procedure (Identification) Act, 2022 needs to be enacted and the DNA act needs to be re-looked at. But while enacting such policies, laws, acts it needs to be kept in mind that these provisions do not end up breaching the basic right of Life and Liberty under Article 21 of the constitution. Even during the investigation, the principle of 'presumption of innocence' somewhere gets lost along the line, that should be kept in mind while formulating them. Lastly these new policies should continue being gender neutral. We need to be as fast as the crimes growing and advancing.

References:

1. Black Law's Dictionary
2. BNS
3. BNSS
4. BSA
5. IT ACT
6. Criminal Procedure (Identification) Act, 2022
7. https://indiankanoon.org/doc/366712/
8. https://www.indiacode.nic.in/
9. https://d.docs.live.net/9737c9a06a0dfaa9/Documents/MSExcellabs
10. https://www.oed.com/dictionary/forensic_adj?tl=true
11. https://cahc.jainuniversity.ac.in/assets/ijhs/Vol55_1_2020__Art07.pdf
12. https://pib.gov.in/Pressreleaseshare.aspx?PRID=1559099
13. https://nfsmuseum.com/cfsl.php#:~:text=There%20is%20total%20seven%20central,Forensic%20Science%20Services%20(DFSS).
14. https://science.thewire.in/politics/government/india-forensic-science-shortcomings/
15. https://justiceforaarushitalwar.com/case-background/
16. https://www.savvyforensic.com/2023/03/case-study-sister-abhaya-murder-case.html
17. https://www.project39a.com/forensics-landmark-judgments

End Notes:

1. Black Law's Dictionary
2. Definition of Forensic Science
   Midwest Forensics Resource Center at the U.S. Dept. of Energy
3. Gowsia Farooq Khan and Sheeba Ahad 'Role Of Forensic Science In Criminal Investigation: Admissibility In Indian Legal System And Future Perspective' (International Journal of Advance Research in Science and Engineering Volume No.07, Special Issue No.04, March 2018, IJARSE)
   https://www.ijarse.com/images/fullpdf/1524846716_JK1433IJARSE.pdf
4. Article 20(3), Constitution of India
5. Oxford English Dictionary
6. Saumitra Basu 'Hundred Years of Forensic Science in India (1849–1947): A Historical Perspective' on March 2020
   https://cahc.jainuniversity.ac.in/assets/ijhs/Vol55_1_2020__Art07.pdf
7. The Bharatiya Sakshya Adhiniyam, 2023, No. 47, Acts of Parliament, 2023 (India)
8. The Indian Evidence Act, 1872, No. 1, Acts of Parliament, 1872 (India)
9. Lok Sabha passes "The DNA Technology (Use and Application) Regulation Bill - 2019" (Press Information Bureau Government of India Ministry of Science & Technology, 08 January 2019)
   https://pib.gov.in/Pressreleaseshare.aspx?PRID=1559099
10. Central Forensic Science Laboratories in India (NATIONAL MUSEUM OF FORENSIC SCIENCE Applied Forensic Research Sciences)
    https://nfsmuseum.com/cfsl.php
11. What Really Is Holding Back Forensic Science in India? (Science the Wire, 22 August, 2023)
    https://science.thewire.in/politics/government/india-forensic-science-shortcomings/
12. Rajesh Talwar vs C.B.I 2012 AIR SCW 2326
13. Sister Sherly vs CBI Crl.MC.No. 1218 of 2009 (HC Kerala)
14. Mukesh & Anr vs State For Nct Of Delhi & Ors AIR 2017 SC 2161
15. State vs Sushil Sharma 2007 CRILJ4008

Award Winning Article Is Written By: Ms.Tanavi Trivedi

Authentication No: NV433213171618-27-1124