High Court Flags Concerns Over Private Forensics

The Karnataka High Court has raised significant concerns about the reliance on private forensic reports in criminal investigations, ruling that bypassing government forensic resources undermines the rights of the accused. 

This practice, the court emphasized, compromises the fairness of investigations and raises serious doubts about the impartiality and validity of evidence presented.

In a case filed under the Prevention of Corruption Act, the High court dismissed charges against a public servant due to procedural lapses in the investigation. 

The case involved allegations that the public servant demanded a bribe of Rs. 5,000 to release a seized vehicle.

During the investigation, the Lokayukta Police recorded a conversation between the accused and the complainant. 

However, instead of using government forensic facilities, the voice sample was sent to Truth Labs, a private forensic agency, for analysis. The agency’s findings formed the basis of the chargesheet.
Justice V. Srisha-nanda observed that relying on private forensic agencies without valid justification undermines the credibility of the investigation. 

The court ruled that the voice analysis report, being procedurally flawed, rendered the charges unsustainable. 

Citing the landmark judgment in Lalita Kumari vs. Government of Uttar Pradesh, the court reiterated the need for strict adherence to procedural protocols to ensure fairness and transparency in criminal proceedings.

This ruling underscores the necessity of using government-certified forensic resources and adhering to procedural safeguards to protect the rights of all parties involved. 

While private labs offer specialized services, their findings should complement, not replace, government forensic evidence.

For investigative agencies, this decision serves as a warning to avoid procedural shortcuts that undermine the judicial process. 

It also sets a precedent likely to influence future cases, emphasizing the primacy of government-verified evidence in maintaining the integrity of investigations.

Ms. S Mohini Ratna - Editor VARINDIA