Criminal trial. Lack of infrastructure in Forensic Science Laboratories and delay in submitting report is shocking and violative of Article 21 of the Constitution. Karnataka High Court issues directions to bring immediate reforms.

Naveen Kumar vs State of Karnataka and another. Criminal Petition 7019/2020 decided on 22 December 2020.

Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/357230/1/CRLP7019-20-22-12-2020.pdf

Relevant paragraphs.: 8. It is stated that it is due to the large number of samples which are received, there being limited resources available for the Forensic Science Laboratory, that there is a delay in submitting the examination reports and the same is not intentional and therefore, Smt. Namitha Mahesh, learned HCGP would submit that the Forensic Science Laboratory has acted in the best possible manner with the limited resources, there are no errant officials as such no action is required to be taken, she further submits that all officers of FSL are working overtime to submit their reports.

9. It is further stated that the organisational set up of Forensic Science Laboratory in the State is that  there is an apex State Forensic Science Laboratory (SFSL) located in Bengaluru where 13 different Sections are functioning.

10. The State has also established five Regional  Forensic Science Laboratory (RFSL) in five Police Range headquarters viz Mysuru, Mangaluru, Davanagere, Belagavi and Kalaburgi, however, out  of 13 Sections a maximum of only two sections are functioning in as such, all the samples as regards  the remaining 11 other Sections are required to be sent to the SFSL for examination.

12. Apart from the above, it is stated  that the officers  of        the        Forensic                Science    laboratories     are    also required to travel to courts to depose  as  regards the reports authored by him or her.

13. There are 6994 cases which are pending  trial, on account of the reports from the FSL not having been received. There are more than 35738 samples pending examination. The shocking and unacceptable aspect is the time taken for submission of reports – a Norcotic matter takes 1 year, Computer/mobile/audio-video forensics takes about 1 and half year, a DNA test takes 1  and haf years, these being average time, as can be seen from the present case itself, it has taken 4 years for the report to be submitted. If the accused is in custody, the delay would result in a large number of undertrials being kept in jail during the pendency of the above report. On account of the delay in receipt of the aforesaid scientific reports, there is a  high social cost. If the report is received belatedly and the same does not support the case of the prosecution, many a time it could result in innocent persons being incarcerated. The other side of the coin is that the victim or victim’s family also suffers on account of such delay, not knowing what will  happen and when. Each accused has a right of speedy trial. The victim or the victim’s family also has a right to a speedy trial. An Accused has a right to an  expeditious trial, more so when he/she is in judicial custody. The said custody cannot be  extended merely on the ground that the FSL is unable to furnish the reports in time  and/or the number of FSL are lesser  than that required. Such a delay infringes on the right to life of an accused under Article 21 of the constitution of India. Delay by the FSL in providing a report whatever the reason may be is resulting in a situation which cannot be countenanced under law. In the case of an accused on bail, he/she continues to evade prosecution due to the delay in receipt of these reports. The effect of the delay in furnishing the reports not only delays the trial in a matter,  it is also possible that due to the said delay the sample may degrade or get  contaminated, thus negating the  very purpose of forensic examination. The details of samples being degraded or contaminated have not been provided. However, this would also be required to be looked into. It is needless to say that Forensic Evidence like DNA reports, chemical analysis reports, bioanalysis reports play a critical role in the investigation of serious crimes, like Murder, sexual assault cases, forgery etc.,. The delay in submitting forensic reports by FSL necessarily hampers the proceedings in a case. One of the biggest impediment to a speedy trial is the delay in the filing of FSL reports. Cases are adjourned  for  years due to non-receipt of these reports. Some cases are not even committed to the sessions court or special Court as the case may be due to non-receipt of the reports.

Guidelines are required to be issued as regards the time period in which a particular kind of sample would be examined and  report submitted to the concerned court, as regards future samples received. A monitoring system is required to be established to monitor the passage of the sample from the time it was collected to the date of submission of the report in Court. Apart from the above, a study as regards the latest equipment available, modernisation of the Laboratories, a process of the equipment to be updated from time to time is also to be put in place. From the data provided, it is also seen that many of these scarce human  resources spend unproductive man-days in travelling to the courts in far-flung places in Karnataka to depose in the matter. Thus bringing about one more inefficiency in the system. In the year 2018, 1135 man-days were lost, and in 2019, 1222 man-days were lost.

Even if the said officer of the FSl is required to appear and depose in a particular manner, it will also be advisable to permit the said evidence to be led through video conference facilitating. It is immediately required to connect the FSL’s with the Courts in  a  similar manner as the jails are connected to the Court. This would save a large number of man-days lost on account of such unnecessary travel by the FSL officers. The trial Courts to permit the examination and or cross-examination of the FSL officers through video conferencing. The trial Court has to maintain a strict vigil  on adjournments being granted for the production of FSL reports, the trial Court ought to insist on the reports being  submitted at the earliest.

Compiled by S. Basavaraj, Advocate, Daksha Legal.