lack of infrastructure and shortage of trained staff is taking a huge toll on the forensic examination of majority of criminal and sexual offences, leading to rise in the backlog of court cases.
According to a latest figure, a total of 13,108 cases are pending with Central Forensic Science laboratory (CFSl) and Forensic Science laboratories (FSl) in the country. Of them, 7334 case are from northern region. CFSl report is needed in all criminal and sexual assault cases for prosecution.
For instance, the disappearance of JNU student Najeeb Ahmed in 2016 is concerned, the report of FSl results of the mobile phones of nine JNU students in this case is still pending. Even in paternity cases, the FSl report plays an important role to decide the case.
As per data, the country has 23 FSls including six CFSls. These labs are responsible for conducting forensic analysis of all cases including sexual assault, criminal paternity and homicide. Of these, six laboratories do have forensic DNA analysis test facility. As per data, over 20,000 cases of sexual assaults are received annually in all the 23 FSl. Of them, only 16, 682 have been disposed off till December 31, 2017.
Officials say that in sexual assault cases, the ideal time frame to complete the examination and submission of report is 90 days. But due to absence of advanced automated technology and lack of skilled human resources it has not been feasible to complete examination and reporting within the time frame.
Courts rely on the forensics reports and that has led to major breakthroughs in a number of criminal cases. However, delay in submitting forensic reports by laboratories or "incorrect expert opinion" often hampers a case and can even lead to acquittal. The situation is quite hopeless across the country despite every state and CBI having their own FSls.
In Delhi, the two state government-run FSls-one in Rohini and the other in Chanakyapuri-are stretched beyond their means as they have to handle cases not only from Delhi but also from others states.
"Every case gets delayed because of late filing of FSl reports. People don't get bail because of pending forensic opinion. This needs to change. A deadline has to be fixed, FSl reports need to be submitted within a stipulated time," said Murari Tiwari, a known criminal lawyer said.
Recently, the Ministry of Women and Child decided to use RS 99.76 crore from "Nirbhaya funds' to upgrade forensic science laboratory at Chandigarh. Apart from the sexual assault and homicide unit, the other three units paternity unit, human identification unit and mitochondrial unit are interlinked and will work to examine cases related to crime against women. With this upgradation, the FSl at Chandigarh is expected to increase the capacity from current 153 cases per year to 2000 cases per year.