This document discusses forensics disciplines, standards, and challenges in Pakistan. It covers several key points:
1) Forensics involves the intersection of law and science. It discusses various forensic disciplines like medical examination, DNA testing, audio/visual analysis, and their legal frameworks.
2) Standards for forensics include accreditation of forensic services by international standards and working to standardize processes.
3) Challenges include discretion of police in evidence processing, asymmetrical relationships between police, forensics, and prosecution, and issues with inter-provincial evidence collection.
4) The way forward is moving to evidence-based policing through training, accountability, and national crime
4. I- CONSPECTUS
• Police Reforms vs. Policing Reforms
Police Reforms-relates to police organization
Policing Reforms-relates to service delivery
Criminal Justice= Police Reforms + Policing Reforms
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5. I- CONSPECTUS
• Design of Police Reforms has been changing
• Focus of earlier reports on different:
Change of Law
Police Welfare
Police Accountability
Complaints Management
Service Delivery - Prosecution + Forensics + IT + Processes
7. • Primacy of testimony:
• ‘All facts, except the contents of documents, may be proved by oral evidence’.
(Article 70, QSO, 1984)
• Corroborative value of circumstantial evidence
• Maximum punishment on confessional statements plus corroboration with
forensic evidence
• Sughran Bibi Case (PLD 2018 SC 595)
Evidence based policing instead of information based policing
II-LAW, FORENSICS AND ITS DISCIPLINES
8. II- LAW, FORENSICS AND ITS DISCIPLINES
Sr. No. Discipline(s) Legal Framework
1. Medical Examination Sections 164A and 164 B of the Code of Criminal Procedure introduced through 2016
Criminal Law Amendment Act, 2016 + Chapter 25 of Police Rules, 1934 + M Khalid
v. the State (PLJ 2018 Cr.C 770) + Mazhar Ali v. the State (2019)
2. DNA Testing Sections 53-A of the accused with use of force (Cr. P. C) + Section 164 B for the
victim (Cr. P. C) + Articles 59 and 164 of the QSO, 1984 + Salman Akram Raja v. the
Government of the Punjab (2013 SCMR 302)
3. Audio Visual Analysis Article 164 QSO, 1984
4. Compute Forensics Article 164 QSO, 1984
5. Serology Article 164 QSO, 1984 and Section 510 Cr. P. C
6. Firearms and tool marks Article 164 QSO, 1984
10. III-STANDARDS
• Accreditation of PFSA by ISO 17025:2005 ASCLD-LAB International (American
Society for Crime Laboratory Directors-Laboratory Accreditation Board)
• Accreditation law under Pakistan National Accreditation Council Act, 2017
• Initiative with IOs
• Forum shopping
• Standardization of all services
• Processing of material evidence
11. III-STANDARDS
• Collection of evidence:
• 1st Investigation at crime scene = YES
• 2nd Investigation at Divisional HQs = NO
• 3rd Investigation at Provincial HQs = NO
12. IV-CHALLENGES
• Discretion of Police in processing
evidence
• Primacy of investigation in Police
• Evidence based policing
• Police Prosecution Cooperation
• Police Forensics Cooperation
• Preservation of evidence
• Production of evidence
• Asymmetrical relationship between
Police, PFSA and Prosecution
• Inter-provincial evidence collection
issues
13. V- WAY FORWARD
• Evidence Based Policing (EBP)
• Training of ASsP at PFSA
• Prosecution driven case file preparation
• No withholding of evidence
14. V- WAY FORWARD
• Electronic log-daily diary with no interruptions
• Mix of testimony and forensics
• Accountability of police officers tampering with evidence
• Change of investigation be reviewed to conform to international best
practices
• National crime databases of ballistic signatures, arms, DNA, narcotic
substances etc.,