Bangladesh’s poor application of forensic science in criminal justice. Apathy or legal ambiguity?

The scientific process of collecting and examining information about the past is known as forensic science. In both the pre-trial and trial stages of a criminal case, forensic science plays an implausible role and will keep on doing so as the nature of crimes grows more complex, sophisticated, digital, and organised with time. 

With the advancement of science and technology, the method of investigating criminal offences is also evolving. For instance, in cases of injury, rape, death, and acid throwing, a chemical examination and a doctor's report are required for criminal adjudication. 

Unfortunately, unlike in other countries, people involved in the criminal justice system in our countries, such as investigators, lawyers, and even judges, are barely qualified to use forensic science knowledge for justice. 

The underlying reason for this could be attributed to flaws in the existing legal system, a lack of robust infrastructure mechanisms, and a shortage of skilled manpower.

Bangladesh now has three major criminal investigation laws. Specifically, the Evidence Act of 1872, the Code of Criminal Procedure of 1898, and the Bengal Police Regulations of 1943. 

Sadly, no specific 'forensic law' provision has been established in these leading statutes other than the DNA Act of 2014, which is also not a completed law. 

Many precedents show that forensic laws are only applied by relying on the provisions of other subsidiary laws, as no particular legislation exists for dealing with forensic matters only. 

But there are some scattered provisions in different legislations about the admissibility of forensic evidence in court. 

Judges may look for expert opinion on handwriting, fingerprints, foreign law, science, art, and other subjects (any forensic evidence) according to Section 45 of the Evidence Act. 

On the other hand, Food Safety Act, 2013 section 73, articulates that if a complaint is filed under this law and an examination is required to establish the authenticity of a food product, the court issues an order to take samples and send them for testing. The report must be prepared within one month after the sample is sent for testing. 

Special laws like Narcotic Control Act, 1990, section-50, says that the government has to set up chemical laboratories for chemical testing. 

All chemical test results are considered as forensic evidence, which shall be admissible in court. But by having these provisions as of today, it shows that the circumference of these provisions is too minimal or inadequate to deal with DNA, skin, thumb impressions, blood, saliva, hair, sperm, footsteps and other forensic reports. That means we have ineffectual provisions which do not completely state how the whole procedure should be directed.  

Nonetheless, in the last few years, our criminal justice system has developed other technologies such as DNA testing, fingerprint testing, and footprints, etc. 

Forensic medicine is expected to be a big source of information in the future, which could be used to find criminals and evidence. Photo: Collected

But there is a question of whether these advancements are effective or not, as many of the cases are still pending due to a lack of proper forensic reports. 

Two sensational cases can be mentioned: the double murder of journalist couple 'Sagar Sarowar and his wife Meherun Runi' and the 'Sohagi Jahan Tonu' murder case. 

It was discovered that no viscera test was performed during the first post-mortem examination in the double-murder case, which is one of the most important parts of forensic evidence. 

Furthermore, a significant amount of people entered the crime scene, which also contaminated the DNA samples that were later discovered in the laboratories. 

Two and a half months after the murder, a court order was issued for a second post-mortem examination. But the corpses were badly decomposed at that time. 

According to forensic experts, if the test had been performed during the first postmortem autopsy then it would have been easier. 

In the Sohagi Jahan Tonu murder case, two autopsies were conducted to assist investigators. The first autopsy report was harshly criticised by all as it claimed that Tonu was not raped at all. 

The second post-mortem report found that the sperm of three people were found in the corpse.

Some significant cases like these are sometimes patronised by political parties' members, and some government officers also act outside of their working ethics, due to personal gains or political pressure. 

The Biswajeet murder case is the perfect example of such misconduct because the first autopsy report of Biswajeet falsely claimed that only two injury marks were found on the victim's body. 

The High Court recently ordered authorities to look into whether the investigation officer and the autopsy doctor committed any wrongdoing in their reports on Bishwajit Das' death or not.

Forensic medicine is expected to be a big source of information in the future, which could be used to find criminals and evidence. 

Given these circumstances, several forensic laws are required to identify criminals and to reduce crime rates in the community, including amendments to existing laws which are also incorporated into the main criminal laws. 

To conduct better criminal investigations, relevant authorities must also take appropriate actions to ensure compliance with existing forensic laws and adopt fresh new independent forensic legislation.

Dewan Alif Ovi is a Law graduate from the University of Asia Pacific.

Disclaimer: The views and opinions expressed in this article are those of the authors and do not necessarily reflect the opinions and views of The Business Standard.