Home India Ministry of Home Affairs Notification under 293 CrPC NFSU...
Date: 2022-11-18 Category: Extra Ordinary State: Union Government Country: India

Notification under 293 CrPC NFSU

Issued by Ministry of Home Affairs · Directorate of Forensic Science Services

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Okay, I'm ready to analyze the provided policy text and generate the report. **Report on Notification Regarding Government Scientific Experts under the Code of Criminal Procedure, 1973** **1. Executive Summary:** This report analyzes a notification (S.O. 5393(E)) issued by the Ministry of Home Affairs on November 10, 2022, which specifies certain positions within the National Forensic Sciences University (NFSU) as "Government scientific experts" for the purpose of Section 293 of the Code of Criminal Procedure (CrPC), 1973. This notification supersedes an earlier notification (S.O. 861(E)) from February 18, 2020. The core purpose is to update and expand the pool of recognized experts whose opinions are admissible as evidence in criminal proceedings. **2. Introduction:** This report aims to provide a concise overview and analysis of Notification S.O. 5393(E), issued by the Ministry of Home Affairs on November 10, 2022, based solely on the content of the provided text. The report focuses on the policy's objectives, key provisions, affected stakeholders, and likely outcomes, particularly as they relate to the inclusion of NFSU personnel as government scientific experts under the CrPC. **3. Policy Overview:** * **Amendment:** Yes. The notification explicitly states that it supersedes notification number S.O. 861(E), dated February 18, 2020. * **Core Objective(s):** To specify designated positions within the National Forensic Sciences University as qualified "Government scientific experts" under Section 293 of the Code of Criminal Procedure, 1973. This aims to facilitate the admissibility of their expert opinions in criminal investigations and trials. **4. Background and Rationale:** * **Reason for Amendment:** The notification supersedes a previous one, S.O. 861(E), dated February 18, 2020. This suggests a periodic review or update of the list of designated experts is deemed necessary. The most likely reason is to expand the pool of recognized experts to include professionals from the National Forensic Sciences University, presumably to leverage their expertise in forensic science to assist in criminal investigations and court proceedings, strengthening the justice system. **5. Key Provisions / Changes:** This is an amendment. The key changes introduced by the notification are: * **Specific Part of Original Policy Being Changed:** The notification replaces the previous list of designated "Government scientific experts" under Section 293 of the CrPC, as defined in S.O. 861(E). * **New Rule/Provision:** The notification designates the following positions within the National Forensic Sciences University (NFSU) as Government scientific experts: * Professor, Associate Professor, or Assistant Professor * Deputy Director * Senior Scientific Officer * Junior Scientific Officer * **Difference/Effect of Change:** This amendment expands the pool of individuals qualified to provide expert opinions admissible in court under Section 293 of the CrPC. It specifically includes academic and scientific personnel from NFSU, indicating a reliance on their specialized knowledge. This is likely to result in more readily available expert testimony in forensic science areas, potentially leading to more informed judicial decisions. **6. Target Audience and Stakeholders:** The direct target audience and stakeholders include: * **National Forensic Sciences University (NFSU):** Specifically, Professors, Associate Professors, Assistant Professors, Deputy Directors, Senior Scientific Officers, and Junior Scientific Officers who are now officially recognized as Government scientific experts. * **Law Enforcement Agencies:** Police and other investigative bodies who can now readily consult with and obtain expert opinions from the designated NFSU personnel. * **Courts of Law:** Judges and legal professionals who will be presented with expert testimony from the newly designated individuals. * **Defendants and Accused:** The designation of new experts could affect the course of investigations and trials, potentially impacting the outcome of criminal cases. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Ministry of Home Affairs is the issuing body. National Forensic Sciences University (NFSU) is responsible for ensuring that individuals holding the listed positions are aware of their designation and responsibilities under Section 293 of the CrPC. Courts and Law Enforcement will need to update their procedures to reflect the inclusion of NFSU experts. * **Timelines or Procedures:** The notification takes effect from the date of its publication in the Official Gazette (November 18, 2022, as indicated). * **Amendment-Specific Implementation:** Law enforcement and courts will need to be informed of the change to the list of approved experts, with training and documentation possibly required. **8. Expected Outcomes / Impact of Changes:** * **Intended Outcome of Changes:** The primary intended outcome is to enhance the quality and availability of forensic science expertise in criminal investigations and trials. By formally recognizing NFSU personnel, the government aims to streamline the process of obtaining expert opinions and improve the accuracy and reliability of forensic evidence presented in court. This could lead to fairer and more efficient justice outcomes. The government aims to use the latest scientific development for the law and justice system. * **Potential Impact:** The amendment is likely to increase the workload of designated NFSU personnel. It also could lead to increased scrutiny of forensic evidence and expert testimony, as defense attorneys may challenge the qualifications or methodologies of experts. **9. Conclusion:** The Notification S.O. 5393(E) is a significant amendment that expands the pool of recognized "Government scientific experts" under Section 293 of the Code of Criminal Procedure, 1973, to include designated positions within the National Forensic Sciences University. This amendment reflects the government's commitment to incorporating forensic science expertise into the criminal justice system. It is expected to enhance the quality and availability of expert opinions, potentially leading to more informed and just outcomes in criminal proceedings. Affected parties should be fully aware of this policy change.

Key Entities Referenced

NEW DELHI: Capital of India and place of publication of the notification. Ministry of Home Affairs: The ministry responsible for the notification. National Forensic Sciences University: University whose Professors and Officers are specified as Government scientific experts. Code of Criminal Procedure, 1973: Law under which the powers are conferred for specifying Government scientific experts. Anil Subramaniam: Jt. Secy. Mayapuri, New Delhi: Location of the Government of India Press. Delhi: Location of the Controller of Publications.
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 सी.जी.-डी.एल.-अ.-18112022-240409 xxxGIDHxxx CG-DL-E-18112022-240409 xxxGIDExxx असाधारण EXTRAORDINARY भाग II—खण् ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 5165] नई दिल्ली, िुिवार, नवम्ब र 18, 2022/कार्तकि 27, 1944 No. 5165] NEW DELHI, FRIDAY, NOVEMBER 18, 2022/KARTIKA 27, 1944 गहृ मंत्रालय अजधसचू ना नई दिल्ली, 10 नवम् बर, 2022 का.आ. 5393(अ).—केन्द्रीय सरकार, िडं प्रदिया संजहता, 1973 (1974 का 2) की धारा 293 की उपधारा (4) के खंड (छ) द्वारा प्रित िजियों का प्रयोग करते हुए एवं भारत के रािपत्र असाधारण भाग II, खंड 3, उप-खंड (ii) अजधसूचना संख्या का.आ. 861 (अ), तारीख 18 फरवरी, 2020 के अजधिमण में, रािपत्र में इस अजधसूचना के प्रकािन की तारीख स,े उि संजहता की धारा 293 के प्रयोिन के जलए राष्ट्रीय न्द्यायालजयक जवज्ञान जवश्वजवद्यालय के सरकारी वैज्ञाजनक जविेषज्ञ के रूप में (i) प्राध्यापक, सह-प्राध्यापक अथवा सहायक प्राध्यापक (ii) उप- जनििे क (iii) वररष्ठ वैज्ञाजनक अजधकारी (iv) कजनष्ठ वैज्ञाजनक अजधकारी को जवजनर्िष्टि करती ह ैं I [फा. सं. 25013/23/2019-डब्लू एस-III] अजनल सुब्रमण्यम, संयुि सजचव 7697 GI/2022 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 10th November, 2022 S.O. 5393(E).—In exercise of the powers conferred by clause (g) of sub-section (4) of section 293 of the Code of Criminal Procedure, 1973 (2 of 1974) and in supersession of notification number S.O. 861 (E), dated the 18 February, 2020 published in the Gazette of India, Extraordinary part II, section 3, sub- section (ii), the Central Government hereby specifies,- (i) Professor, Associate Professor or Assistant Professor, / (ii) Deputy Director, / (iii) Senior Scientific Officer, and / (iv) Junior Scientific Officer of the National Forensic Sciences University as Government scientific experts for the purpose of section 293 of the said Code with effect from the date of publication of this notification in the Official Gazette. [F. No. 25013/23/2019-WS-III] ANIL SUBRAMANIAM, Jt. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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