Framework of Investigation Forensics

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Description
With time, changes are brought into picture as per need and requirement. More particularly, the changes are required in the form of amendments or by introducing new laws; thus providing speedy justice to one and all without discrimination.
The Bharatiya Nagarik Suraksha Sanhita, 2023 is a new criminal law that replaced the Code of Criminal Procedure, 1973 and came into force on July 1, 2024. Thus, with an intention of providing speedy delivery of justice and fair investigation, by introducing the new law, the legislature introduced amendments and as well combined the provisions, which reduces the inhibition of the general masses to approach the investigating agency for lodging of complaint.
Investigation of any crime needs and requires uninterrupted and uninhibited powers to the agencies to carry out investigation of any offence whatever the nature; thus though everyone feels the new law would be tedious to understand; however; in my perception; the provisions laid down under Bharatiya Nagarik Suraksha Sanhita, 2023 is in pari- materia to the provisions laid down under Code of Criminal Procedure, 1973.
Thus, commencing with Section 180 of Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the examination of witnesses by police. The Investigation Officer may issue a notice under Section 179 of Bharatiya Nagarik Suraksha Sanhita, 2023 to the witness to attend the police station for recording of a witness statement under Section 180 of Bharatiya Nagarik Suraksha Sanhita, 2023. This recorded statement is not admissible as evidence and must be proved in a trial court by adducing evidence. Further, Section 180 (3) of Bharatiya Nagarik Suraksha Sanhita, 2023 also provides for the possibility statement being recorded by audio-video electronic means. Imperatively, the legislature has opted for the use of a precatory rather than mandatory language and using electronic means for recording a statement remains discretionary.
Police officers are empowered to conduct inspections of a crime scene and/ or any other required place for the collection of evidence. Evidence may include - blood remains, weapons, soil, wall scrapings, car paint, clothes, etc. In crimes where documentary evidence is relevant, the police can summon a witness/ accused under Section 94 of Bharatiya Nagarik Suraksha Sanhita, 2023 for the production of documents and electronic communication; including devices that contain digital evidence.
It is not mandatory for the investigating agency to record Section 183 statements in all the cases, but as per the sub-clause 6, that is, Section 183(6A), in any case where offence is committed under Sections 64, 65, 66, 67, 68, 69, 70, 71, 74, 75, 76, 77, 78, 79 and 124, of Bhartiya Nyaya Sanhita, 2023, the magistrate has to record a statement, under Section 183, of the person against whom the offence has been committed.
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Contents
Part - I
Chapter I. Crime and Criminal Intent under Indian Penal Code and Bharatiya Nyaya Sanhita, 2023
Chapter II. Constitution of india Visa - Vis code of Criminal Procedure
Chapter III. Investigation
Chapter IV. Investigation Agencies under the Special Laws and Local Laws
Chapter V. Investigation Abroad
Chapter VI. Summary Procedure of Investigation
Chapter VII. Guiding Tips for Crime Investigation
Chapter VIII. DNA Technologies in Criminal Investigation and Courts
Chapter IX. Observations made by the Supreme Court on Investigation
Chapter X. Deffective Investigation
Chapter XI. Importance of Forensics
Chapter XII. Forensic Science and Role of in Criminal Investigation
Chapter XIII. Collection, Preservation and Transportation of Biological Evidence for Forensic DNA Analysis
Chapter XIV. Collection of Evidence for DNA Fingerprinting
Chapter XV. DNA Test and use in Detection of Crimes with Forensic Fingerprints and Evidentary Value
Chapter XVI. Hair - A good Source of DNA to Solve the Crime
Chapter XVII. DNA Fingerprinting
Chapter XVIII. Laboratory Standard Operating Procedure for Pulsenet toal DNA Extraction and Quality Control of Purified DNA Extracts
Chapter XIX. Evaluating Forensic DNA Evidence use of DNA Analysis as a form of Evidence
Chapter XX. Interrogation and Collection of Evidence and Salient features in Investigation, Prosecution and Trial of Cases under Pocso Act - 2012
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Author Details
Yogesh V Nayyar, born in 1969 at Dehradun, Uttarakhand continued his post studies and pursued Law from University College of Law, Nagpur University; in the year 1990-93 and stood in merit in Nagpur University. Since March, 1994, started practicing as Lawyer and serving in the field of law with proven success and very consistent, patient professional, giving each new case our undivided attention whilst walking through each step of the process. With a view to cater the requirement of services in field of Law, the firm YVN & Associates came in existence from Nagpur.