Maharashtra: ‘Outsourcing crime scene forensics is unthinkable’

Is it wise for the authorities to outsource collection of forensic evidence from crime scenes to a private firm This is the question raised by many in Maharashtrarsquos criminal investigation and justice circles ever since the state Directorate of Forensic Science Laboratories DFSL floated tenders for private firms interested in procuring and operating 251 mobile forensic vans for the stateExperts have flagged the risk of compromised chain of custody with a private third party which will further raise questions over admissibility of evidence during the course of the trialA forensic team examines the police van in which Akshay Shinde the accused in the Badlapur school sexual assault case was killed in a ldquopolice encounterrdquo in Thane last weekFormer DFSL director B B Daundkar confirmed the concerns ldquoCrime scene investigation requires expertise Only proper collection preservation and scientific analyses of crucial forensic evidence can help corroborate the prosecutionrsquos case with the scientific findings thereby proving the case beyond reasonable doubts during the course of trial Such scientific analysis can only be done by those with trained hands and expertiserdquoEmployees at the state or regional forensic science laboratories FSLs are selected through the Maharashtra Public Service Commission recruitment process They are provided with continuous onthejob training across several departments such as biology ballistics narcotics explosives cyber forensics and DNA They also get the chance to visit the crime scene collect the evidence and conduct analysis at the laboratory so the chain of custody is clear and there is no chance of tampering with the evidence explained DaundkarOn the other hand a private firmrsquos employees are unlikely to have the same kind of practical expertise ldquoThe outsourced agency might hire private forensic degreeholders or those with BSc or MSc degrees in Physics Chemistry or Biology but can they be presumed to be forensic experts with practical expertise Honestly the answer is nordquo he said adding ldquoFurther the DFSL tender clearly states that those hired by the system integrator will be on contractual basis This means that the hired personnel may or may not perceive this as a longterm career In such a scenario who will be held accountable for any lapses in evidence collection Will they even be available for the trial if the court summons them after a few years to explain the chain of custodyrdquoNisha Menon Amol Deshmukh and Advocate Mohini PriyaSection 176 3 of the Bharatiya Nagarik Suraksha Sanhita BNSS has now made forensic investigation mandatory for any crime attracting punishment of seven years or more With a rising crime rate and limited infrastructure state governments are racing to upgrade facilities and come up with solutions to meet the anticipated surge of forensic workload One of the proposed solutions is to outsource crime scene management to private experts and organisations explained Nisha Menon forensic expert and consultantAllowing private firms to manage the crime scene is not an ideal solution though ldquoThe credibility of evidence gathered by privately hired individuals through thirdparty agencies may be challenged as their status as lsquoexpertsrsquo may not meet the standards required by law Furthermore tracking down and summoning these individuals for trial testimony years after the fact poses significant challengesrdquo said MenonAdvocate Dinesh Tiwari who has been practising criminal law for over two decades said ldquoThe very idea of outsourcing such a crucial aspect of investigation is unthinkable The problem is threeprongedmdashfirstly these outsourced employees may not be paid enough salary by private firms and they may be vulnerable to corrupt practices Secondly their certificate may not stand at par with one issued by government experts And finally not being government servants they would not be protected under the law the way government servants arerdquo he saidlsquoField forensics wingLegal and forensic experts are of the view that instead of hiring a private firm the state should handpick fresh police recruitsmdashwith a BSc or MSc in Biology Chemistry or Physics or BE in IT or graduation in Computer Sciencemdashand train them in crime scene investigation These trained police personnel can then be deployed on mobile forensic vans to study crime scenes and collect evidence across the districtstalukasThis said Daundkar would help maintain the chain of custody ldquoThe FSL is under the Home department and is headed by a police officer of the rank of DGP Legal and Technical A similar forensic crime scene wing can be set up under the supervision of the State CID with fresh police recruits with BSc and MSc degrees This would help ensure protection of the crime scene collection of evidence and its analysis at FSLs in a highly secure manner with no scope for any outsider or thirdparty tamperingrdquo he said adding that it would be along the lines of specialised analysts such as handwriting and fingerprint experts and police photographers who assist the police in crime scene study and serve under the aegis of the State CID Experts also pointed out that since policemen serve under the state home departmentrsquos aegis these forensic cops will also be governed by state government recruitment rules and the police manual resulting in a greater likelihood of ethics being adhered to Moreover these police personnel will also be available to give testimony whenever court trials beginAs far as cost efficiency is concerned Daundkar said expenditure can be further controlled by analysing the crime graph of each talukadistrict within the state and allocating fully equipped mobile forensic vans to those area which see a higher crime rateMenon added ldquoMoreover utilising internal personnel will enhance control and accountability This costeffective approach will also foster expertise within the department as continuous training and handson experience will sharpen the skills of the selected policemen building a robust inhouse capacity for crime scene investigation ultimately contributing to more efficient and successful justice outcomesrdquoDevelopment of field forensic capabilities is the need of the hour in India Amol Deshmukh senior faculty member at the governmentrun Institution of Forensic Science in Mumbai said ldquoField forensics and laboratory forensics are equally important in justice delivery systems They are just like two sides of a coin Unfortunately in India only the lab forensics arm got developed while the other arm remains weak and ignoredrdquoLegal admissibilityA private forensic analyst or investigator may be an expert in a criminal case as neither Section 45 of the Indian Evidence Act nor Section 39 of the Bharatiya Sakshya Adhiniyam restrict the definition of lsquoexpertrsquo as an investigator tied to the stateMohini Priya Advocate on Record at the Supreme Court cited a Delhi High Court ruling in the Autodesk Inc amp Anr versus AVT Shankerdas amp Anr case in 2008 that supported this The HC had observed that a private forensic investigatorrsquos testimony or expert analysis need not be disregarded or rejected simply because their services were engaged by the plaintiffHowever with regard to admissibility the courtrsquos permission may have to be obtained via an application she said citing the Andhra Pradesh High Court judgement in Virothi Tirupathi Rao v Kota Venu case in 2016 The court had refused to admit an expert opinion from a private expert as the party which had hired the expert had not exercised their option to first petition the court for officially appointing one