'Abysmal' Prosecution Success Rate : Allahabad HC Registers Suo Motu PIL To Examine Crime Scene Probe SOP In UP

“We are of the opinion that regarding the Standard Operating Procedure for Crime Scene Investigation to be followed in the State of U.P. so that prosecution does not invariably result in failure, a separate Criminal PIL should be instituted,” a bench of Justice Sangeeta Chandra and Justice Brij Raj Singh observed in its order.

Taking suo-moto notice of all the practical problems being faced in the investigation and prosecution of crime, the division bench expressed serious concern over the 'abysmal' percentage of success rate in such cases.

The bench passed this order while dealing with a criminal appeal of 2004, where it had raised concerns regarding the protocols followed in sending blood samples for forensic testing.

When the bench was apprised of a format being under the new criminal procedure code [Bharatiya Nagarik Suraksha Sanhita (BNSS)] which required mention of the blood group, it found a significant procedural gap and it was: there is no requirement therein of collecting or sending the blood sample of the injured victim so that it can be matched with the blood sample, if any, on the weapon of assault.

Observing this lapse in the scientific handling of evidence, the Court directed the learned Government Advocate to convene a meeting with all concerned officials and place before the Court the suggestions made during the deliberation.

Subsequently, on May 25, a photocopy of the Standard Operating Procedure (SOP) for Crime Scene Investigation was submitted by the counsels for the state government.

Now, on July 8, the bench was told that several Office Memoranda/ Circulars have been issued by the Police Headquarters with regard to the proper investigation of crime, relying upon the observations made by the HC and SC.

It was also apprised to the bench that now there is a Van which is fully equipped with Forensic Kits and there is a proposal to engage Assistants on contractual basis, who shall visit the crime scene for collection of evidence/ body fluids etc. of the victim and of the assailant / accused and finger printing etc.

However, the bench opined that the SOP being followed for crime scene investigations needed critical examination, and thus, the bench directed the initiation of a suo moto criminal PIL concerning the issue.

The matter will be listed before the appropriate Bench after three weeks [July 29].