Clearing the Backlog: Delhi High Court Demands New Protocols for Forensic Science Referrals

In a significant move to streamline criminal investigations and reduce the administrative burden on forensic infrastructure, the Delhi High Court has directed the Union of India and the Government of NCT of Delhi (GNCTD) to address the issue of indiscriminate references to Forensic Science Laboratories (FSLs).

The case, led by the Hon'ble Chief Justice and Hon'ble Mr. Justice Anish Dayal, addresses the critical problem of FSLs becoming stalled due to unnecessary samples sent by doctors during post-mortem examinations.

The Problem: When Science Becomes a Bottleneck

The petitioner, Dr. Subhash Vijayran, a doctor by profession, initiated this Public Interest Litigation (PIL) to highlight a systemic issue: medical professionals conducting post-mortems are frequently referring samples to forensic labs without clear clinical necessity.

According to Dr. Vijayran, these "unmindful and indiscriminate references" have resulted in a massive influx of case samples at FSLs. This backlog not only delays the analysis of critical evidence but ripples through the entire justice system. Because investigations remain pending until these reports are received, the dispensation of criminal justice in courts is significantly hindered.

Examining the Data: What the NHRC Says

Supporting his argument, the petitioner cited a 2023 report by the National Human Rights Commission (NHRC) titled “Forensic Science and Human Rights.” The report provides a compelling statistic: in 30–40% of cases forwarded to FSLs—including road accidents, burn cases, drowning, and trauma deaths—the forensic analysis of viscera is entirely avoidable.

The report warns that such referrals are not just redundant; they clog the system, wasting limited time and resources that should be reserved for cases where toxicological analysis is actually required to determine the cause of death.

Key Observations from the Court

The bench acknowledged the practical necessity of the petitioner's plea, noting that indiscriminate referrals frustrate the very purpose of timely scientific investigation.

• "The Forensic Science Laboratories are not only flooded with such references, but the same also causes unnecessary delay in examination of samples which are urgently needed."
• "A study of cases forwarded to FSLs for toxicological analysis revealed that in 30-40% of the cases, Forensic Laboratory Examination of viscera is avoidable."
• "Indiscriminate references unnecessarily add to the workload of the Forensic Science Laboratories."

The Path Forward: Ordering an SOP

The High Court has taken a proactive stance, recognizing that a policy-level intervention is essential. The Court has ordered the appropriate authorities within the Union of India and the GNCTD to consider the concerns laid out in the petitioner’s March 2025 representation.

Specifically, the Court has mandated: 1. A Formal Review: Authorities must review the concerns and suggestions regarding FSL referral practices. 2. Creation of Guidelines: The government is directed, if possible, to issue a Standard Operating Procedure (SOP) to ensure that doctors only refer cases where forensic analysis is genuinely necessary. 3. Timeline: This process must be concluded, and a decision reached, within three months.

The Court has ordered that the final decision be communicated to the petitioner, marking a clear instruction to move away from systemic oversight toward a more efficient, evidence-based approach to forensic medicine in criminal investigations.