Detailed Comparison of Cr.P.C., 1973 with BNSS, 2023: Focus on Forensic Evidence
Comparison Table
| Aspect | Cr.P.C., 1973 | BNSS, 2023 |
|---|---|---|
| Forensic Science Reports | Section 293: Allows reports of certain Government scientific experts to be used as evidence in court without calling the expert as a witness, including experts from Chemical Examiners, Explosives Experts, Finger Print Bureau, Forensic Science Laboratories, and Serologists. | Similar provisions allow forensic reports to be admitted as evidence, with the option to summon forensic experts to testify if necessary, thus maintaining the integrity of forensic evidence in legal proceedings. |
| Types of Experts Recognized | Recognizes various forensic experts including Chemical Examiners, Explosives Experts, Directors of Finger Print Bureaus, Directors of Forensic Science Laboratories, and Serologists, whose reports are admissible as evidence without needing their presence in court. | Continues to recognize a broad range of forensic experts, updating the provisions to include modern forensic disciplines and ensuring their reports can be admitted as evidence, reflecting advancements in forensic science. |
| DNA Profiling | Section 53A: Provides for DNA profiling as part of the medical examination in cases of sexual offenses and other relevant cases, ensuring that DNA evidence can be collected and used in the investigation and prosecution of crimes. | Similar provisions for DNA profiling, with a focus on utilizing modern forensic techniques in criminal investigations, ensuring comprehensive use of DNA evidence in solving and prosecuting crimes. |
| Forensic Evidence Handling | Detailed procedures for the submission, documentation, and verification of forensic evidence, including maintaining the chain of custody to ensure that forensic evidence is collected, stored, and analyzed properly to prevent tampering or contamination. | Emphasizes the integrity of the chain of custody for forensic evidence, requiring proper collection, handling, and analysis procedures to ensure the evidence remains uncontaminated and reliable throughout the investigation and trial process. |
Both Cr.P.C., 1973, and BNSS, 2023, emphasize the importance of forensic science in criminal investigations. They provide similar frameworks for the use of forensic evidence, including recognizing various types of experts whose reports can be admitted as evidence and setting procedures for DNA profiling and handling forensic evidence. BNSS, 2023, includes updates to accommodate advancements in forensic science and technology, ensuring a comprehensive and modern approach to forensic investigations.
BNSS 2023 Sections Related to Forensic Evidence
- Section 176:
- Subsection (3): Mandates the visit of forensic experts to the crime scene for offenses punishable by seven years or more. This ensures that forensic evidence is collected from serious crime scenes by qualified experts, enhancing the reliability and integrity of the evidence.
- Section 183 (analogous to Cr.P.C. Section 164):
- Subsection (6)(a): Requires the mandatory recording of a witness's statement by a Magistrate in cases punishable with imprisonment for ten years or more, life imprisonment, or the death penalty. This ensures that critical witness statements are formally recorded and preserved.
- Fourth Proviso to Section 183(6)(a): Provides for recording the statement of a temporarily or permanently mentally or physically disabled person through audio-video electronic means, ensuring that vulnerable witnesses can provide testimony in a secure and accessible manner.
- Section 185:
- Subsection (2): Mandates the recording of searches conducted through audio, video, or electronic means, ensuring transparency and accountability during the search process.
- Subsection (5): Requires that copies of records made under subsection (1) or (3) be sent to the Magistrate within 48 hours, ensuring that search records are promptly reviewed and preserved by judicial authorities.
Summary
Both Cr.P.C., 1973, and BNSS, 2023, establish a solid foundation for the use of forensic science in the legal process. BNSS, 2023, builds upon the existing framework with updates to reflect advancements in forensic technology and practices, ensuring that forensic evidence is handled with the utmost integrity and accuracy. This modern approach aims to enhance the reliability of forensic evidence, streamline investigative processes, and improve the overall efficiency of the criminal justice system.
References
- 1.THE CODE OF CRIMINAL PROCEDURE, 1973
- 2.THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
- 3.CORRESPONDENCE TABLE and COMPARISON SUMMARY of The BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, (BNSS) and The CODE OF CRIMINAL PROCEDURE, 1973, (CrPC)
