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From Discretion to Duty: The Forensic Investigation Mandate Under the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Infrastructure Imperative
Authors
Dr Saif Ali Khan,Somya Srivastava
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Keywords
Keywords: Bharatiya Nagarik Suraksha Sanhita 2023; Section 176(3) BNSS; Forensic Investigation Mandate; Bharatiya Sakshya Adhiniyam 2023; Digital Evidence; Forensic Science Laboratories.
Abstract
On 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force, replacing the Code of Criminal Procedure, 1973 in its entirety. The most consequential innovation for the investigative process is contained in Section 176(3): for every offence punishable with imprisonment of seven years or more, the officer in charge of a police station is now under a statutory duty to cause a forensic expert to visit the crime scene, collect forensic evidence, and videograph the process using a mobile phone or other electronic device. This provision represents a fundamental doctrinal shift from the regime of the old Section 157 CrPC, under which no such obligation existed and scientific evidence collection remained wholly discretionary. This article maps the architecture of that shift--its legislative genealogy, its precise statutory scope, and its intersection with the digital evidence provisions of the Bharatiya Sakshya Adhiniyam, 2023. It then undertakes a critical audit of the implementation landscape, examining the gap between the mandate's ambitions and the realities of India's forensic science infrastructure: acute vacancies in Forensic Science Laboratories, pendency-driven backlogs, inadequate digital forensic capacity, and uneven state-level readiness. Drawing on comparative experience from the United Kingdom, the United States, and Australia, the article evaluates the judicial consequences of non-compliance with the BNSS forensic mandate--particularly in light of the Kerala High Court's landmark direction in Suresh v. State of Kerala (2025)--and examines whether the absence of an explicit evidentiary sanction for non-compliance creates a lacuna that courts must fill. The article concludes by proposing a calibrated reform pathway combining legislative clarification, executive investment through the National Forensic Infrastructure Enhancement Scheme, and judicial enforcement mechanisms to ensure that Section 176(3) evolves from a paper promise into an operative standard of scientific policing.
IJCRT's Publication Details
Unique Identification Number - IJCRT2605767
Paper ID - 309133
Author type - Indian Author
Page Number(s) - g739-g748
Pubished in - Volume 14 | Issue 5 | May 2026
DOI (Digital Object Identifier) -
No Of Downloads - 45
Author Country - India, 206026, LUCKNOW, LUCKNOW, 206026, Social Science All
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Dr Saif Ali Khan,Somya Srivastava, "From Discretion to Duty: The Forensic Investigation Mandate Under the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Infrastructure Imperative", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.14, Issue 5, pp.g739-g748, May 2026, Available at :http://www.ijcrt.org/papers/IJCRT2605767.pdf
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ISSN: 2320-2882 Impact Factor: 7.97 and ISSN APPROVED Journal Starting Year (ESTD) : 2013
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