Forensic evidence collected by investigating officers (IOs) from the crime scene, crucial to the investigations, is not sent to the Forensic Science Laboratory (FSL) for examination for months, sometimes even years. This not only goes against the standard operating procedure but also delays the legal process further.
Concerned over the delay, Director-General and Inspector-General of Police (DG&IGP) Praveen Sood has issued a standing order directing IOs and officials concerned to submit the samples within 15 days from the date of collection.
In the order, issued on Monday, Mr. Sood said the subdivision police officers should complete all legal formalities within the period. The order also stated that in case of delay of up to 30 days, the DCP or SP concerned should personally sign the forwarding letter to the FSL. Approval of the Additional-Director General of Police (Crime and Technical Services) should be obtained before sending the samples which are delayed beyond 30 days from the date of seizure.
Mr. Sood, in the order, also said that in all criminal cases where pending FSL reports become “infructuous” owing to the death of the accused or filing of ‘B’ report , the IOs should bring it to the notice of the FSL officials concerned immediately to avoid efforts in such examinations.
Welcoming the order, Additional Director-General of Police (Administration) M.A. Saleem said it would ensure that crucial forensic evidence is deposited at the earliest, which would, in turn, ensure that the case is taken to its logical end. “Many times, the samples are not sent to the FSL owing to the sheer negligence of the IOs and this further burdens the due legal course,” he said.
Police officials who are part of the investigating teams, however, said the delay was not intentional and there were many factors involved. Though there have been instances of hampering the case by delaying sending the samples, there are also procedural lapses which need to be addressed first, the officer added.
Another senior police officer said there was also a delay in the FSL to get the results owing to high pendency of cases. “So if the IOs delay sending the samples on time, there will be further delay in the process and justice will not be served,” the officer said.
A police officer at the station level argued that the delay in sending samples to the FSL was owing to the delay while handling the “chain of custody” and following the due procedure. According to the officer, the IOs do not want to delay sending the samples, but the samples collected from the scene should go through many stages — including mahazar (spot inspection), taking them to the safe custody of the station for paperwork, and getting the hospital report, which take days and sometimes months of follow up — before they are sent.
In the midst, the IOs will have multiple roles to play in the station — from bandobast to maintaining law and order, attending meetings and taking up new cases — and priorities change and issues which are serious in nature gain importance, he added.
Another officer said that there are different types of samples, including physical, chemical and biological, which have to be handled in different ways and have different expiry dates. “The order should have elaborated a little more on this and also given instructions to medical officers who take days to hand over the viscera to be submitted to the FSL. The IOs should not be held accountable for such delays,” he added.
