FORENSIC SCIENCE – SECTION 176(3) OF BNSS

Abstract

Forensic science is the application of scientific knowledge and methods to criminal and civil legal proceedings. As a cornerstone of modern criminal investigation, it operates within established standards of admissible evidence and criminal procedure. Forensic science enables investigators to identify accused persons with precision, distinguish the innocent from the guilty, and prevent wrongful convictions — ultimately delivering justice to victims. Despite its critical importance, many victims in India are denied justice due to insufficient, contaminated, or improperly handled evidence. This article examines the role of forensic science in criminal investigations, highlights systemic failures at Indian crime scenes, and argues that Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, presents a significant opportunity to mandate forensic officer primacy at crime scenes.

Introduction

Forensic science was introduced in India during the early colonial period under British administration. At the time, disciplines such as forensic chemistry, questioned document examination, ballistics, toxicology, and fingerprint analysis were employed — ironically — to identify and arrest Indian freedom fighters. As India transitioned to a democratic republic, the application and reach of forensic science expanded significantly. However, awareness of forensic science and its practitioners remains limited across the country.

A persistent challenge in Indian criminal investigations is the mishandling and destruction of evidence — whether through negligence, lack of training, or deliberate interference. Police personnel are frequently unaware of proper methods for collecting and preserving evidence, leading to contamination that renders crucial evidence inadmissible or unreliable.¹ This systemic gap has left many cases unsolved and many victims without justice.

Section 176(3) of the BNSS, 2023

Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — the successor legislation to the Code of Criminal Procedure (CrPC) — mandates that in cases involving unnatural death, custodial death, rape, or gang rape, a forensic expert must be called to the crime scene to collect evidence. This provision represents a legislative recognition of the indispensable role forensic science plays in accurate and fair investigations. The section places a statutory obligation on investigating agencies to engage forensic expertise at the crime scene, rather than relying solely on conventional police investigation. Proper implementation of this provision has the potential to transform the quality of evidence collection in India’s most serious criminal cases.

Role and Scope of Forensic Science

The scope of forensic science extends across nearly every dimension of criminal investigation. Authentication experts analyse whether documents or artworks are genuine or forged. Criminalistics applies the core principles of forensic science — including comparison analyses in serology, ballistics, and questioned document examination — to reconstruct criminal events. Digital forensics enables the recovery, collection, and preservation of electronic evidence for investigation and court proceedings. Fingerprint and footprint analysis provide critical tools for identifying suspects. Forensic accounting detects fraud and financial crime through the analysis of accounting records. Together, these disciplines form a comprehensive investigative framework that significantly enhances the accuracy and reliability of criminal proceedings.²

Branches of Forensic Science

• Forensic Biology — Deals with the analysis of botanical and zoological evidence in criminal investigations.
• Fingerprint Analysis (Dermatoglyphics) — Involves the development and analysis of latent and patent prints, including fingerprints, footprints, ear prints, lip prints, and nose prints, all of which assist in identifying suspects.
• Forensic Serology — Applied in cases of murder and sexual assault, this discipline analyses biological fluids such as blood, semen, and saliva to support DNA profiling and comparison analysis.
• Forensic Pathology — Involves the conduct of autopsies to determine the cause and manner of death, including whether death resulted from homicide, suicide, accident, or sexual violence.
• Forensic Psychiatry — Assists in psychologically complex cases by assessing whether a person is of unsound mind, evaluating the credibility of witnesses, and analysing criminal or victim behaviour through methods such as hypnosis and polygraph testing.
• Questioned Document Examination — Analyses handwriting, signatures, and documents to determine authenticity or identify forgery.
• Forensic Toxicology — Examines cases involving poisons, toxic substances, or drugs as factors in crime or death.
• Ballistics — Investigates firearm-related crimes, including the analysis of guns, rifles, ammunition, and gunpowder residue.
• Digital Forensics — Collects and analyses electronic evidence; forensic experts can recover deleted or erased files that may prove decisive in court.³

Case Study: The Aarushi Talwar Case

The Aarushi Talwar case remains one of India’s most prominent examples of investigative failure despite the availability of substantial physical evidence.

• Case Name: Dr. (Smt.) Nupur Talwar v. State of U.P. and Anr.
• Date of Incident: Night of May 15–16, 2008
• Location: Noida, Uttar Pradesh
• Victims: Aarushi Talwar (14 years old) and housekeeper Hemraj
• Suspects: Dr. Rajesh Talwar and Dr. Nupur Talwar (Aarushi’s parents); Krishna, Rajkumar, and Vijay Mandal (domestic employees)

Key Evidentiary Issues:

• The post-mortem report indicated that both victims died from head injuries and slitting of the throat.
• The murder weapon was never recovered.
• Blood evidence included drag marks and pools of blood, but handling was inadequate.
• DNA evidence did not match any of the named suspects.
• No fingerprint development or analysis was conducted at the scene.

Critical evidence was lost, contaminated, or went unrecognised due to uncontrolled access by the public and failure by police personnel to apply basic forensic protocols. Had a trained forensic officer been designated as the first responder — as envisioned under Section 176(3) of the BNSS — the recovery of fingerprints, biological trace evidence, and bloodstain patterns could have yielded a far more conclusive investigative outcome.⁴

Issues at Indian Crime Scenes: A Forensic Perspective

Loss of Fingerprint Evidence

When police officers or members of the public access entry and exit points such as doors and windows, fingerprints left by the perpetrator may be irreparably damaged. Fingerprints are highly sensitive to sweat, humidity, and physical contact. In practice, weapons are sometimes handled by police using a handkerchief before being sent to the laboratory — a procedure that directly destroys any latent fingerprints present on the weapon’s surface.

Loss of Trace Evidence

Trace evidence — including threads, hair, soil particles, and glass fragments — is often overlooked by officers unfamiliar with its investigative significance. Such evidence can establish the presence of a person at a crime scene and provide information about their origin or movements. When a crime scene is not properly secured, trace evidence is routinely destroyed by foot traffic or inadvertent contamination.

Lack of Awareness of the Luminol Technique

The luminol technique enables the detection of bodily fluids — particularly blood — even after a scene has been thoroughly cleaned. When luminol is applied, it reacts chemically with trace amounts of blood and produces a visible glow in the dark, indicating prior criminal activity. This technique is invaluable for crime scene reconstruction and for identifying areas where evidence was previously present. Failure to employ it can result in the complete loss of biological evidence.

Loss of Footprint Evidence

Latent footprints — invisible to the naked eye — are frequently not recognised or preserved at crime scenes. When properly developed using dusting techniques, footprints can reveal a suspect’s foot size and provide estimations of height, weight, gait, and positional movement during the crime. Failure to identify and develop such prints constitutes a significant and avoidable loss of forensic evidence.

Failure to Conduct Bloodstain Pattern Analysis

Bloodstain pattern analysis can reveal the type of weapon used, the direction of blood travel, the area of origin of the bloodshed, and the relative positions and movements of the victim and perpetrator. When responding officers disturb or fail to document bloodstain patterns, this critical reconstructive evidence is permanently lost.⁵

Conclusion

Section 176(3) of the BNSS, 2023 represents a meaningful legislative step toward integrating forensic science into the frontline of Indian criminal investigation. However, its effectiveness depends not merely on the preparation of forensic reports after the fact, but on the designation of a qualified forensic officer as the first person to enter and assess a crime scene. Such a mandate would ensure the systematic collection and preservation of evidence, accelerate investigations, and significantly reduce the risk of wrongful conviction or acquittal. The Aarushi Talwar case, and countless others like it, demonstrate the devastating consequences of forensic neglect. Rigorous implementation of this provision would not only serve the interests of justice but also act as a deterrent — as awareness of thorough forensic investigation grows, so too does the risk for those who commit crimes.

Reference(S):

1. History and Development of Forensic Science — Scribd / Google Drive. Available at: https://share.google/WCVvzLv4VSch16SYS
2. Role of Forensic Science in Crime Investigation — LIFS Blog. Available at: https://lifs.co.in/blog/role-of-forensic-in-crime-investigation.html
3. IJRR52.pdf — Research Paper. Available at: https://share.google/n6adQWKlSfUBcYutu
4. Dr. (Smt.) Nupur Talwar v. State of U.P. and Anr., decided October 12, 2017. Available at: https://share.google/1ALIorVP1oitYc7JO
5. What Is Holding Back Forensic Science in India? — The Wire Science. Available at: https://share.google/KLiMszbZ2Z5iHOYWS