One of the hallmarks of PM Narendra Modi’s leadership style has been the deft, multi-level micro-planning that goes into the roadmap of achieving larger macro goals. As India inches its way forward towards achieving larger developmental goals, PM Modi is equally cognizant of the need to address potential deterrents in this journey. One of these deterrents is the need for a more robust law and order mechanism with a lower crime rate and the highest possible conviction rate.
Forensic science can play an important role in achieving this target. Moreover, forensic science assumes more relevance today against the challenging nature of crimes involving narco-terrorism and the dark web. Some of these crimes are directly linked to citizens’ data and national security and can act as impediments to our larger goals.
It is with this backdrop that the government is making a concerted effort to reform our criminal justice system. The inclusion of forensic evidence and technological advancements will be a key component in this transformation. In the Monsoon session of Parliament, Union Home Minister Amit Shah had introduced three new important bills by repealing the Indian Penal Code, 1860; Criminal Procedure Code, (1898) and the Indian Evidence Act, 1872, which were enacted by the British and passed by the British Parliament. Indian Penal Code, 1860 will be replaced by the Bharatiya Nyaya Sanhita Bill, 2023; the Criminal Procedure Code, 1898 will be replaced by the Bhartiya Nagarik Suraksha Sanhita Bill, 2023 and the Indian Evidence Act, 1872 will be replaced by the Bharatiya Sakshya Bill, 2023.
Through this legislation, in a ground-breaking move towards modernising the criminal justice system, the Indian government is leveraging technology to streamline processes, enhance efficiency, and ensure a more transparent and effective legal framework. The three newly introduced bills signify a monumental step in embracing technology and forensics to redefine the way legal proceedings are conducted.
Understanding The Need For Forensics
In the age of relentless technological evolution, law enforcement agencies need to match pace with the perpetrators of crime. Unless this deficit is dispensed, the crime rate will remain high and the conviction rate poor. In India, the crime rate as per the NCRB data was 445 per 100000 population for the year 2021. In the US, according to the FBI, this figure stood at 388 per 100000 population for the same year. However, the big difference lies in the conviction rate. In India, the conviction rate stands at a meagre 57 per cent. In the US, it is above 85 per cent. The use of forensic science will augment authenticated evidence, leading to quicker closure.
PM Modi first acknowledged this need nearly two decades ago as the chief minister of Gujarat, and under his leadership, the then Gujarat HM Amit Shah led to the formation of the Gujarat Forensic Sciences University (GFSU) in Gandhinagar in 2008. It was created by Act 17 passed in the Gujarat Assembly on September 30, 2008. It was upgraded to the National Forensic Sciences University (NFSU) in October 2020 under the same leadership of PM Modi and the UHM Shah.
It is recognised as an Institution of National Importance by the Act of Parliament. It became an international university in April 2023, after the first campus of the university outside India in Uganda — which also became Africa’s first Forensics Science University — was inaugurated and opened by the Minister of External Affairs, S Jaishankar. In the last few years, experts at the NFSU have helped law enforcement agencies with several high-profile cases. For example, the 2021 Republic Day violence and the Dhanbad murder case, where a judge was killed by a speeding vehicle while on his morning walk.
The recent Manipur violence as well as several other sensitive crimes that carry the potential of causing unrest in society, necessitate the use of forensics for scientific evidence gathering.
Some of the key highlights of the transformative measures contained in the new bill include broadening the definition of documents under the Indian Evidence Act, 2023, Digitization of Legal Documentation and Digital Issuance and Service of Summons and Warrants. It also facilitates improved examination of complainants and witnesses, recording of evidence during investigations as also during high court proceedings and appellate processes. In a very significant move, the use of forensic experts will be made mandatory in all cases of offences punishable with imprisonment of 7 years or more.
To enable this transformation, the necessary infrastructure in the states/UTs will be created within 5 years. To achieve a conviction rate above 90 per cent, improvement in investigation, prosecution and forensics by the police will be made essential.
In the ever-evolving landscape of crime, law enforcement agencies are increasingly turning to new technologies and digital forensics to bolster their investigative capabilities. The integration of these advancements into the criminal justice system holds the potential to significantly increase the rate of convictions, ensuring a more effective and efficient pursuit of justice.
Let us now examine the key ways in which the adoption of new technology and digital forensics can pave the way for a positive transformation in the criminal justice system.
The adoption of new technologies empowers law enforcement with enhanced investigative capabilities, enabling them to enhance the collection and preservation of evidence. From high-tech surveillance systems to advanced crime scene analysis tools, investigators can gather and store information in a more systematic and secure manner.
The rise of cybercrime necessitates a shift in investigative focus towards the digital realm. Digital forensics allows investigators to trace a suspect’s digital footprint, uncovering crucial evidence stored on electronic devices or online platforms. At the same time, the use of digital evidence in court requires a meticulous approach to maintain its integrity and admissibility. This will not only strengthen the credibility of the evidence presented but also ensure a fair and transparent judicial process.
If we assess the adoption of new technologies by law enforcement agencies, we get a glimpse that it will support the system to engage in predictive policing, utilising data analytics to identify potential crime hotspots and patterns. This proactive approach not only aids in preventing crimes but also helps build a stronger case against perpetrators. By leveraging technology to anticipate criminal behaviour, law enforcement can stay one step ahead in the pursuit of justice.
The interconnected nature of modern crime often requires collaboration between various law enforcement agencies. Adopting standardised protocols and technologies facilitates seamless information sharing and collaboration between agencies. This interoperability enhances the collective ability to solve complex cases that span multiple jurisdictions.
The crucial part of the introduction of these three bills is the essentiality to invest in training programs for law enforcement personnel. Ensuring that investigators are well-versed in the latest tools and techniques in digital forensics will enhance their ability to navigate the criminal justice system effectively.
In a country like India, where crime against women continues to be high, a concerted employment of forensic science to solve these heinous crimes will create safer conditions for women, increasing their participation in the country’s workforce, especially in rural areas. An increased participation of women in our workforce will lead to higher GDP growth. At the same time, a low crime rate will boost private investment in states which are currently infamous for lawlessness and often derided as ‘jungle raj’.
A robust criminal justice system, powered by the latest technological interventions and forensic science is an important must-have for a nation surging ahead in achieving its larger developmental goals. The visionary leadership of Prime Minister Modi and Home Minister Amit Shah is ensuring the upgradation of our criminal justice system which should ideally have happened long ago.
The writer is the National Spokesperson of BJP. Views expressed in the above piece are personal and solely that of the author. They do not necessarily reflect News18’s views.
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