Experts weigh in as Delhi HC requires SOP over indiscriminate FSL referrals

A latest Delhi High Court order looking for authorities to border tips to “keep away from pointless” referrals to forensic science laboratories (FSLs) within the nationwide capital has sparked a debate amongst investigators, attorneys, and forensic specialists. The courtroom issued the route on July 9 whereas listening to a public curiosity litigation (PIL) filed by Subhash Vijayran, a resident physician pursuing an M.D. in forensic drugs at Maulana Azad Medical College in Delhi.

He had raised considerations over the rising backlog at FSLs resulting from “indiscriminate pattern submissions”.

As of mid-2025, over 20,000 forensic experiences are reportedly pending at FSLs in Delhi.

The courtroom has now requested the Centre and Delhi authorities to determine inside three months whether or not formal tips could be drafted to handle the issue.

Although the intent is to scale back clogging of the FSLs on the account of alleged “unmindful and indiscriminate references”, there is no such thing as a consensus but on whether or not such tips are sensible or enforceable.

‘40% avoidable samples’

A 2023 report by the National Human Rights Commission titled ‘Forensic Science and Human Rights’ discovered that 30-40% of viscera analyses despatched to FSLs in Delhi had been “avoidable”, particularly in circumstances equivalent to drowning, burning, and trauma deaths. The report additionally said that if the post-mortem surgeon is ready toset up the reason for loss of life, apart from in circumstances of loss of life by poisoning, the viscera needn’t be referred to the FSLs for evaluation.

A senior Delhi Police official advised The Hindu that the division is conscious in regards to the FSL backlog and has already taken steps to handle it. “Verbal directions have been issued to all investigating officers to keep away from pointless referrals to FSLs, particularly in circumstances involving viscera preservation,” he mentioned, including that the officers are actually anticipated to determine on a case-by-case foundation.

Dr. Vijayran mentioned, “During my postings in varied mortuaries of Delhi, I got here throughout an disagreeable observe of many medical doctors whereby they indiscriminately ship viscera, blood, histopathology and toxicological samples to the FSLs and different labs after post-mortems – even in the obvious and innocuous circumstances.”

“No doubt, in some circumstances, the samples are genuinely required to be despatched, however in lots of circumstances the place they don’t seem to be, they’re nonetheless despatched. In defence, medical doctors argue that they don’t need to get into pointless bother with the legislation, in case somebody may query as to why they didn’t ship the samples,” he defined.

Legal opinions divided

Advocate Gyanant Kumar Singh warned towards inflexible tips. “I feel it must be left to the police as a substitute of creating blanket tips, which could be counterproductive. The guideline can by no means be inflexible or exhaustive,” Mr. Singh mentioned.

In distinction, advocate Prabhav Ralli emphasised that forensic proof is central to justice, particularly in grave offences like homicide and sexual assault.

‘Quality of proof’

“If the FSL reference just isn’t finished, it definitely impacts the standard of the proof as there is no such thing as a scientific proof out there, maybe leaving the prosecution with solely oral proof/testimony to depend on,” Mr. Ralli mentioned.

“In circumstances of reverse burden of proof, the onus to show innocence is on the accused, and due to this fact, the absence of an FSL report somewhat dents the defence’s case,” he mentioned.