Forensic evidence should aid cases, not create more burden for survivors: Ex-ASG Pinky Anand

Better forensic practices should strengthen cases before courts without creating an additional burden of proof for survivors of sexual and gender-based violence, former Additional Solicitor General of India Pinky Anand said at a training workshop in Goa on Saturday.

The day-long workshop, held on August 22, focused on implementing Standard Operating Procedures (SOPs) for the collection, preservation, chain of custody and presentation of forensic evidence in cases of sexual assault, rape and child abuse.

“Better forensic practice must strengthen the case that reaches the court. It must never become a fresh threshold of belief that survivors are asked to clear,” said Anand.

The SOPs were formally launched by Anand at the Police Headquarters in Panjim on April 26 last year, marking World DNA Day.

They were subsequently expanded to include the handling of forensic evidence in cases involving child abuse.

The workshop brought together police officers, prosecutors, judicial officers, medical practitioners and other professionals involved in the investigation and prosecution of sexual and gender-based violence and child abuse cases.

A key focus was a victim-centred approach to investigation. The participants discussed how survivors could be treated with dignity and sensitivity while ensuring that evidence is collected in accordance with due process.

The sessions also covered practical aspects of collecting and preserving forensic material, maintaining its chain of custody and presenting it before courts.

Medical experts discussed factors affecting the reliability and evidentiary value of forensic material. Legal practitioners examined how such evidence should be presented in court.

Speaking at the workshop, Anand said forensic evidence in sexual violence cases can disappear within hours. She cited instances where a survivor may bathe, clothes may be washed or a crime scene may be cleaned.

She stressed that procedural discipline was critical to ensuring forensic evidence could withstand scrutiny in court.

"The science was sound throughout; what failed, for a time, was the discipline around it — which is precisely what a Standard Operating Procedure exists to secure, from the first responder at the scene to an unbroken chain of custody that can withstand cross-examination," said Anand.

She referred to the 2010 decision of the Supreme Court in Santosh Kumar Singh v State, arising from the Priyadarshini Mattoo case, to highlight the consequences of gaps in handling and proving forensic evidence. DNA evidence had linked the accused to the crime. However, the trial court had acquitted him before the Delhi High Court and Supreme Court restored the conviction.

According to Anand, the case demonstrated that while the underlying science may be sound, shortcomings in the handling and presentation of evidence can affect its value in court. She said this was precisely the gap SOPs intend to address.

Justice Neela Gokhale of the Bombay High Court also attended the workshop. She highlighted the importance of forensic evidence and standardised procedures, drawing on examples from her judicial career.

Inspector General of Goa Police, K R Chaurasia, noted that the SOPs were rooted in the principle that the rule of law requires both equality before the law and fairness in procedure.

He said standardised procedures were necessary to ensure fair and effective investigations in cases involving survivors.

Goa Director General of Police, Alok Singh stated the police, medical professionals, civil society, prosecution and judiciary needed to work together to improve forensic evidence collection and ensure appropriate responses to victims.

"Together we will always strive to provide the best possible service to victims," he said.

The workshop was facilitated by Dr Keshav Kumar, former DGP of Gujarat, and Dr Robert Green OBE, Professor of Forensic Sciences. It was chaired by Anand.