What Happened
- The Ministry of Home Affairs issued a strict directive to all state governments and Union Territories in April 2026, setting a three-month (90-day) deadline to strengthen forensic infrastructure, eliminate examination backlogs, and ensure timely forensic reporting.
- The directive is a direct enforcement mechanism for Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which mandates forensic investigation as legally compulsory for all offences carrying a punishment of seven years or more.
- States were warned of consequences if they failed to operationalise the mandatory forensic visit and videography requirements at crime scenes within the stipulated period.
- The MHA has backed the directive with over ₹4,300 crore in combined scheme outlays to modernise forensic infrastructure, including the highest-ever budget allocation for forensic science.
- The move reflects the Centre's push to ensure that the new criminal laws — which replaced the colonial-era IPC, CrPC, and Indian Evidence Act — are implemented in their spirit on the ground.
Static Topic Bridges
The Three New Criminal Laws: BNS, BNSS, and BSA (2023)
Parliament replaced three colonial-era laws on December 21, 2023: the Indian Penal Code, 1860 (replaced by the Bharatiya Nyaya Sanhita, 2023); the Code of Criminal Procedure, 1973 (replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023); and the Indian Evidence Act, 1872 (replaced by the Bharatiya Sakshya Adhiniyam, 2023). All three came into force on July 1, 2024. The reforms introduce significant changes in areas including organised crime, terrorism, electronic evidence, timelines for trials, and — critically — forensic science as a mandatory component of criminal investigation.
- Bharatiya Nyaya Sanhita (BNS), 2023: Replaces IPC; introduces "terrorism" as a distinct offence; defines "organised crime"; removes Section 377 (unnatural offences) and sedition (Section 124A IPC) in its old form.
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Replaces CrPC; introduces timelines for trials (charge framing within 60 days of first hearing); expands electronic FIRs; Section 176(3) mandates forensic visit + videography for offences with 7+ year punishment.
- Bharatiya Sakshya Adhiniyam (BSA), 2023: Replaces Indian Evidence Act; recognises electronic records as primary evidence; Section 57 aligns electronic evidence standards with modern technology.
Connection to this news: The MHA's 90-day ultimatum is specifically tied to operationalising BNSS Section 176(3). Without state-level forensic infrastructure, the mandatory forensic investigation requirement becomes a dead letter, defeating the legislative intent of the new law.
Forensic Science Laboratories and the Centre-State Dynamic
Forensic Science Laboratories (FSLs) are primarily state-administered institutions, making them subject to state budget allocations and administrative priorities. Most states have a Central Forensic Science Laboratory (CFSL) at the state level and district-level units. The National Forensic Sciences University (NFSU), Gandhinagar (established under a central Act in 2020) has been mandated to support states in training forensic personnel and building capacity. The MHA's directive and funding represent an unusually direct intervention by the Centre into what is operationally a state subject, given that "police" falls under the State List (Seventh Schedule, List II, Entry 2).
- "Police" is a State List subject (Entry 2, List II) — states have primary jurisdiction over law enforcement and forensic infrastructure.
- However, criminal law and criminal procedure fall under the Concurrent List (Entry 1 and 2 of List III), enabling Parliament to legislate BNSS with its forensic mandates.
- National Forensic Sciences University (NFSU) was established under the National Forensic Sciences University Act, 2020.
- The Centre funds state forensic capacity through centrally sponsored schemes, giving it leverage to issue directives tied to funding.
Connection to this news: The MHA's 90-day deadline leverages Concurrent List jurisdiction and central funding to push states to comply with BNSS's forensic mandates — a classic use of the Centre's financial and legislative leverage over state-subject police administration.
Forensic Evidence and Its Importance in the Indian Justice System
India's conviction rates have historically been low partly due to weak forensic evidence infrastructure. The Law Commission of India (185th Report, 2003) highlighted the need for modernising forensic capacity. The Supreme Court has repeatedly stressed the importance of scientific investigation methods. BNSS Section 176(3)'s mandatory forensic provision represents a legislative attempt to address this structural deficit — requiring that forensic experts visit crime scenes and their visits be videographed for all serious offences (7+ years punishment, covering murder, rape, organised crime, terrorism, etc.).
- India's conviction rate in IPC offences was approximately 55–60% (NCRB data) — significantly lower than in countries with robust forensic infrastructure.
- As of 2023, many state FSLs had forensic evidence backlogs running into months or years.
- The 90-day directive requires states to: (i) eliminate pending backlogs; (ii) create dedicated fast-track forensic examination units; (iii) deploy mobile forensic units at the district level.
- Videography of crime scene forensic visits ensures accountability and creates an admissible electronic record under BSA, 2023.
Connection to this news: The MHA's ultimatum acknowledges that the new criminal laws' potential to transform the justice system is contingent on states actually building the forensic capacity that BNSS mandates — bridging the gap between legislative intent and ground reality.
Key Facts & Data
- New laws effective: July 1, 2024 (BNS, BNSS, BSA).
- BNSS Section 176(3): Mandatory forensic visit + videography for offences with 7+ years punishment.
- MHA deadline: 90 days from April 2026.
- Central funding: Over ₹4,300 crore committed for forensic infrastructure modernisation.
- NFSU: National Forensic Sciences University, Gandhinagar — established under NFSU Act, 2020.
- State List Entry 2: Police (state subject); Concurrent List Entries 1 & 2: Criminal law and criminal procedure.
- Colonial laws replaced: IPC (1860), CrPC (1973), Indian Evidence Act (1872).
- NCRB: National Crime Records Bureau — tracks crime statistics and conviction rates.