Forensic Ballistics And The BNSS - Enhancing Criminal Investigation Through Scientific Precision
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Category: Criminal Law
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FORENSIC BALLISTICS AND THE BNSS: ENHANCING
CRIMINAL INVESTIGATION THROUGH SCIENTIFIC PRECISION
Ankita Mahesh Menon, University of Petroleum and Energy Studies, Dehradun
ABSTRACT
The evolution of forensic science has transformed criminal investigations, making it easier and more accurate to collect and analyse evidence. Ballistics is a significant branch of forensic science and has become an imperative tool in linking weapons to crime scenes, reconstructing shooting incidents, etc. This research paper examines the evolution of forensic ballistics, which involves the study of firearms, ammunition, and the effects of projectiles, interwoven with the advancement of criminal investigation following the transition from the Code of Criminal Procedure, 1973 (CrPC) to the Bharatiya Nyaya Sanhita, 2023 (BNSS). According to the CrPC, forensic investigation was not obligatory, but at the investigating officer's discretion, and was used indiscriminately, resulting in incomplete investigations.
In contrast, the BNSS mandates the same, including ballistic analysis for serious crimes where the sentence is seven years and above in prison. Through the paradigm shift brought by the BNSS, forensic evidence has been reinforced and broadened, integrating ballistics as a critical component. This paper analyses key sections, studies ongoing challenges, and discusses landmark judgments and how such a change could lead to more accurate and efficient investigations.
INTRODUCTION
In its pursuit of justice, forensic science has evolved from being strictly ancillary to the very core of criminal investigations. Among the diverse branches of forensic science, ballistics is a significant discipline that includes the examination of firearms, ammunition, and the impact of projectiles. It also involves the examination of cartridge cases, gunpowder residues, firearm mechanisms, etc. The origins can be traced back to early use of firearms, but forensic ballistics gained momentum in the early 20th century and was a significant step forward in the science of criminal investigation. In Gurucharan Singh v.
State of Punjab1, the point was raised that an absent ballistic examiner led to insufficient evidence and had vitiated the trial, thus emphasizing the importance of a ballistic examiner and the strength it adds to evidence, while, in the present era, the case of Dhananjay Kumar v. The State of Bihar2, the evidence brought by the report of the Forensic Science Laboratory added to the evidentiary value provided to the Court, making it easier for a fair trial to take place and justice to be ensured. HISTORICAL DEVELOPMENT OF BALLISTICS Forensic ballistics has become synonymous with recovering bullets and examining them, as depicted in modern-day crime movies and documentaries, but its roots date back a long way.
In the present era, mass manufacturing of guns is prevalent, but earlier barrels and bullet moulds were handmade by gunsmiths; thus, each bullet bore an exclusive impression that was unique to a particular firearm. 3 The first case of forensic firearm examination took place in 1835, by Henry Goddard, who discovered the fact that recovering a bullet mould would help him find the shooter. Regina v. Richardson4 highlights how firearms were identified through newspaper waddings even before cartridges came into existence. Newspaper waddings were used to create a seal
1 Gurucharan Singh v State of Punjab, AIR 1963 SC 340
2 Dhananjay Kumar v. The State of Bihar, (2024) 5563 Patna
3 Sai Teja, The History of Forensic Ballistics- Ballistic Fingerprinting, Texial Cyber Security (June 6, 2024), https://texial.net/the-history-of-forensic-ballistics-ballistic-fingerprinting/
4 Regina v. Richardson, 8 Cox CC 231 (1860)
between the bullet and the gunpowder5, and thus, when the wadding matched the victim’s wound and also matched the wadding found at the suspect’s home, strong evidence was created for the case. From the invention of comparison microscopy to the modern-day ballistics that now involve database systems, ballistics development has thrived from the 19th century onwards. MODERN-DAY FORENSIC BALLISTICS After the invention of the comparison microscope in the early 20th century, the photography of stria was developed. Stria refers to the scratch-like marks left on a bullet as it passes through the barrel of a firearm. Yet, earlier, this was considered to mislead the layman jury since only a small portion of the striations could be focused in a single photograph due to the marks being situated on the circumference of a curved surface.
6 Due to the growth of ammunition, the Federal Bureau of Investigation developed a highresolution computer screen called the ‘Drugfire. ’ Meanwhile, the Bureau of Alcohol, Tobacco, and Firearms established its system on an existing platform developed by Forensic Technology Inc. , now known as the Integrated Ballistic Identification System. 7 (IBIS) The Integrated Identification System helps coordinate and link independent criminal investigations across widespread jurisdictions. 8 It is based on the principle that bullets fired from any specific weapon carry “signatures” that are unique to that weapon, just as humans leave unique prints. 9 Firearms are test-fired, and then digital images of bullets are created.
The signature data analysis station, one of the workstations of IBIS, scans the digitally captured images of bullets and shell casings, each image assigned with its distinctive mathematical signature. Then, possible matches are made with the help of the system by the ballistics technicians. 10
5 supra note 3
6 B.J. HEARD, HANDBOOK OF FIREARMS AND BALLISTICS
EXAMINING AND INTERPRETING FORENSIC EVIDENCE 149 (John Wiley & Sons) (1997).
7 Id. at 150
Baker and Thomas E, Integrated Ballistics Identification System, EBSCO (2025), https://www.ebsco.com/research-starters/science/integrated-ballistics-identification-systemibis#:~:text=The%20system%20is%20based%20on,compared%20against%20a%20comprehensive%20database
9 Id.
10 Id
CRIME SCENE RECONSTRUCTION: Crime scene reconstruction is the scientific process of determining or eliminating the events and actions that occurred at the crime scene through analysis of the crime scene pattern, the location and position of the physical evidence, and the laboratory examination of the physical evidence. 11 Reconstruction follows basic scientific principles, theory formation, and logical methodology. 12 Reconstruction is considerably different from re-enactment and re-creation or criminal profiling, and is based majorly on observations made. BASIC PRINCIPLES OF RECONSTRUCTION Crime scene reconstruction is established on the basic principles of forensic examination, and it proceeds through Recognition, Identification, Individualization, and Reconstruction.
13 Recognition refers to recognising the potential evidence through laboratory analysis and comparisons of physical evidence, and once the item is identified, then it is compared with already existing sources and materials. The investigator must make the effort to document, collect and preserve the evidence since, if this isn’t done with immediate effect, then it can lead to alteration of evidence, and it is emphasized that once such evidence has been altered, the ability to conduct a reconstruction becomes limited. 14 Identification constitutes a systematic comparison where the characteristics of the recognised object from the crime scene are analyzed and compared with that of a standard object with the same characteristics or similar properties.
Individualization is unique to forensics, and it refers to the demonstration that a piece of evidence and a similar sample carry a common origin. It is categorised into partial and refined identifications, such as a genetic marker determination from a bloodstain. 15 STAGE OF CRIME SCENE RECONSTRUCTION IN CONTEXT OF BALLISTICS
1 Data Collection
It refers to collecting evidence in relation to bullets, cartridge cases, Crime Scene Reconstruction, STIDHAM RECONSTRUCTION (March, 2014) https://stidhamreconstruction.com/wp-content/uploads/2014/03/Crime-Scene-Reconstruction.pdf
12 Id.
13 Id. at 2
14 Id.
15 Id. at 3
gunshot residues, firearms, etc. The trajectories, angles of penetration, damage patterns, etc., are documented with witness accounts of the sounds of gunfire or the position of an individual.
2 Conjecture
Initial possibilities and alternative scenarios are created through the preliminary observations. For example, the number of shots fired, direction of fire, etc.
3 Hypothesis Formulation
Detailed forensic analysis is conducted, including trajectory reconstruction, gunshot residue analysis, matching the bullets or casings to specific firearms, etc. It also refers to looking at the wound and bloodstain patterns to understand the gunfire events.
4 Testing
Test firings are conducted through controlled experiments to compare bullet and cartridge casings, replicate gunshot wounds, firearms discharge patterns, etc.
5 Theory Formation
It refers to integrating all the analysis results, examination findings, autopsy reports, etc. , that will help validate or refute the hypothesis made and conclude with a more plausible theory on how the crime occurred. FORENSIC BALLISTICS AND THE CODE OF CRIMINAL PROCEDURE The Code of Criminal Procedure (CrPC) was introduced in 1973 to regulate the rules and the procedure of criminal law. As per the CrPC, forensic including ballistics was used but wasn’t mandatory. Investigations ran majorly based on witness statements and circumstantial evidence, and the consultation of ballistics experts was largely discretionary and not systematically compulsory to have their opinion. The act focused more on medical examinations and medical practitioners through Section 5316 of the act, while the category of forensic ballistics was recognized as government scientific experts in Section 293.
17 Thus, the question arises that in a case of death caused by firearm injuries, is the medical evidence that the injury was caused by a gunshot enough for the Court to decide the judgment during trial? It was ruled by the Supreme Court that the medical officer’s opinion that the injury was caused by a gunshot isn’t proper evidence since, medical evidence is merely considered
16 The Code of Criminal Procedure, 1973
17 Id.
as an opinion and not conclusive evidence, and, secondly, the medical officer isn’t considered as a ballistic specialist and was not expected to say whether the gunshot might have caused harm or not. 18 In one of the cases, where the husband was alleged to have caused the death of his wife by causing gunshot injury, there was a lack of forensic evidence. The revolver that was seized from the room where the murder was committed was neither sent to any fingerprint expert or ballistic expert, yet the Court judged that the forensic evidence wasn’t important and wouldn’t negate the circumstantial evidence of the case. 19 The Court also judged in another case that the prosecution isn’t required to lead the evidence of a ballistic expert in every case where a firearm has been used.
20 This judgment also poses an issue if a person is falsely accused and the circumstantial evidence stands as direct evidence against the accused, since no forensic examination would take place, and an innocent person could be charged. In today’s world, transnational criminal activities, terrorism and organised crime are prevalent, and the use of regular witnesses only sounds good but may be severely insufficient without the use of distinct and specialized knowledge of intricate issues21, especially due to the fact that expert evidence is considered as opinion evidence. The importance of forensic ballistics was highlighted in Section 45 of the Indian Evidence Act, 1872, which allowed the opinion of ballistics experts to be admissible, but, only when relevant to fact in issue.
Thus, in context to the CrPC, the investigations predominantly relied on traditional methods, with forensic science serving a supplementary role. The absence of explicit focus given to the use of forensic evidence, particularly during the training of police, thus indirectly leads to the underuse of ballistics analysis.
18 State of Haryana v. Bhagirath and Others, AIR 1999 SC 2005 (India)
19 Raj Kumar Prasad Tamarkar v. State of Bihar, (2007) 10 SCC 433 (India)
20 Vineet Kumar Chauhan v. State of U.P., AIR 2008 SC 780 (India)
21 Mihir Joshi, Analytical Study of Forensic Ballistics in the Criminal Investigation in India, 1 VIDHINAMA 1,
20 (2023)
FORENSIC BALLISTICS AND THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 From the Code of Criminal Procedure, 1973 (CrPC) to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is a turning point for the criminal justice procedure and has raised the value of forensic science. BNSS22 encourages the use of forensic evidence, as opposed to the CrPC23, which renders forensic evidence as supplementary. Thus, in the arena of forensic ballistics, the accuracy, efficiency, and evidentiary value of ballistic analysis. Under the BNSS, forensic methods are explicitly mandated, and the use of ballistics experts is expected to be more integral. The law places a strong emphasis on advanced forensic techniques and is driven by technological advancements. In the act, BNSS has brought changes such as:
1. Requirement of scientific evidence for crucial investigation and in cases of heinous
crimes.
2. Electronic evidence collection has been included, and the act describes the procedures
for the legal gathering and examination of digital evidence.
3. The BNSS has created specialized forensic units that have promoted the creation of
investigative units in police forces to speed up investigation processes.24 Forensic experts are now obligated to conduct forensic examinations at a significantly higher number of crime scenes than before. The forensic teams have to now handle over 80 sites within a single day, while previously, they averaged three to four visits per day.25 The importance of a ballistics expert and their opinion has become more integrated into the system, and unlike during the earlier act, forensic evidence is required for every heinous case
22 The Bharatiya Nagarik Suraksha Sanhita, 2023
23 The Code of Criminal Procedure, 1973
24 Srishti, The Impact of Forensic Science on the Legal System in India, JFSR, Feb 24, 2025, at 3
25 Delhi forensic lab prepares for surge in crime scene investigations under new BNSS laws, THE ECONOMIC TIMES (Jul. 04, 2024, 02:09 PM), https://economictimes. indiatimes. com/news/india/delhi-forensic-lab-preparesfor-surge-in-crime-scene-investigations-under-new-bnss-laws/articleshow/111482676. cms that involves firearms, thus actively playing a role in the criminal justice system instead of a secondary role. Owing to the recency of the act, the legal cases that help understand the impact of the strengthened laws are still developing, but the legal framework of the act sets a stage for the importance of forensic ballistics and scientific evidence in general to play a central role and help increase the accuracy of investigations and avoid unnecessary delay that could be caused due to lack of proof priorly.
Living in the contemporary era of technology, the act has incorporated emerging technologies, digital evidence, and digital records that cover the process of collecting and examining evidence, thereby promoting transparency and ensuring the delivery of fair justice.
CONCLUSION
Concluding the paper, forensic science in the Indian context has been pushed towards a more central role in the pursuit of justice. Even though the Code of Criminal Procedure,1973, provided the foundation for forensic science- particularly forensic ballistics- to be developed and expanded, it followed a discretionary approach on its application, which resulted in underutilization of the subject and created investigative gaps that compromised the integrity of trials and then in hand, justice. The Bharatiya Nagarik Suraksha Sanhita,2023, has now mandated the use of forensic techniques, i. e. forensic ballistics, for cases of shooting and has also recognised the evidentiary strength of forensic science, thus elevating forensic ballistics from a supportive role to a pivotal instrument in investigation and adjudication.
The inclusion of digital technologies has also brought about a paradigm shift in reference to evidence collection and its analysis. This allows the increase in accuracy relating to crime reconstruction, enhanced investigation and proper procedure and application of forensic ballistics. Thus, the new procedural law has created a firm position for forensic ballistics and has ensured the improvement in the delivery of criminal justice.