Sat, Oct 18, 2025
The new criminal laws have given more emphasis on the use of scientific evidence in the investigation of criminal cases. It is now mandatory for a forensic expert to visit the scene of crime for offences punishable with imprisonment of seven years or more, to collect forensic evidence and get videography of the process done on mobile phone or any other electronic evidence.
It is also mandatory to ensure photography and videography during search and seizure during investigation. Any piece of electronic evidence of secondary nature, now requires certification from a cyber expert also. While five years’ time has been permitted under the BNSS for upgrading the forensic infrastructure, continuous investment is needed to upscale the existing forensic facilities in states.
Recently, the Supreme Court (SC) suo moto took cognisance of a newspaper report that highlighted some custodial deaths over the last few months, linking the issue to lack of functional CCTV cameras in police stations. The SC in Paramvir Singh versus Baljit Singh (2020) had directed all states to compulsorily install and maintain CCTV cameras in police stations as a deterrent against custodial torture.
The judgment also mandated to constitute oversight committees, at state and district levels to monitor installation, functioning, budgetary needs and repair of CCTV systems. The Court said that CCTV footage must be preserved for not less than six months, so that a victim of human rights violations could demand access to such footage.
The SC also recently issued some guidelines in Kattavellai @Devakar versus State of Tamil Nadu (2025) to ensure that the DNA samples are collected and preserved carefully, and sent to the FSL within 48 hours of their collection while maintaining a proper chain of custody. While the validity and reliability of a DNA profile depend on quality control and procedure in the laboratory, the quality control and procedure outside the laboratory is equally important, the Court reiterated.
The MHA, in January 2019, as a part of the pilot project, had provided about 11,130 Sexual Assault Evidence Collection Kits (SAECKs) through the BPR&D to enhance the collection, storage and handling of DNA evidence. In fact, states continuously require funds to procure such kits to collect scientific evidence in investigation.
The Need For Funds
These citations are given to lend support to the fact that the police modernisation funds are continuously required for the capacity building of the police forces. Various police reform commissions and committees, Law Commission, and the Supreme Court have repeatedly asked the police to use scientific evidence in investigation.
It would not be an exaggeration to say that the cybercrime reporting portal was launched by the MHA in 2019 in response to the Supreme Court’s directions to curb the circulation of pornography and rape videos.
Later, its scope was enlarged and it was linked with the Crime and Criminal Tracking Network and Systems (CCTNS) so that action taken by the states is expedited at the police station level.
What Is Modernisation of Police Force Scheme
The Modernisation of Police Force (MPF) scheme was started in the present format, by the MHA in the year 1999-2000 for a period of 10 years i.e., up to 2009-10. Thereafter, the Bureau of Police Research & Development (BPR&D) was asked to assess the impact of the scheme and make further recommendations.
The Bureau conducted an independent study and also took the services of M/S Ernst & Young Pvt. Ltd. to make consolidated inferences.
While it was strongly felt that ‘the MPF scheme has benefited the police like nothing else in the past’, the Bureau strongly recommended ‘the continuation of the scheme with more funds for the LWE and terror infested states. It also recommended inclusion of special schemes for the border and coastal areas.
Why MPF Scheme Is Important For States
It cannot be denied that the MPF scheme has benefited the states in improving the forces’ mobility, modernising telecommunication, improving weaponry, computerisation (including CCTNS), training and security equipment and strengthening FSLs.
At the same time, it is equally true that the strength of the police forces has increased and challenges multiplied over a period of time.
Since ‘Police’ and ‘Public order’ fall under the State List of the Seventh Schedule of our Constitution, the primary duty lies with the states to ensure that the police are able to discharge their duties efficiently according to the Constitutional mandate.
However, the Union also has to ensure that the government of every state is carried on in accordance with the provisions of the Constitution.
The Allocation Of Funds
Currently, the modernisation funds are provided to states and union territories (UTs) under the ‘Assistance to States and UTs for Modernisation of Police’ (ASUMP) scheme which is one of schemes under the umbrella scheme of ‘Modernisation of Police Forces’ (MPF) operated by the Central Government.
The funding ratio between the Centre and States has remained 90:10 for Uttarakhand, Himachal and eight North Eastern States, and 60:40 for the remaining states (including the LWE affected states) since 2012-13. The funding pattern which was 75:25 (Central Share: State Share) since 2003-04 was changed to 60:40 from 2012-13 onwards.
While the Central Government has continued with the police modernisation scheme without any break, annual allocations have almost continually dropped. The Central share which was about Rs. 1,558 crores in 2012-13, reduced to a lowest of about 460 crores in 2023-24.
It is only with the rolling out of the new criminal laws in July 2024 that the Central share in the ASUMP for the year 2025-26 has been increased to Rs. 1,007 crores (with total annual plan size of Rs. 1603 crores).
Why Centre Needs To Help States
While the Central Government has introduced the Public Fund Management System (PFMS) to smoothly track the flow of funds between the Centre and states, it has not been found to be very user-friendly.
The actual use of funds has always remained short of the allocation because of various hurdles inter-alia cancellation of tender due to poor participation, failure of timely supply of equipment by the suppliers, delay in sanction of proprietary items and delay in completion of construction works.
Though the working of the Government e-Marketplace (GeM) portal has improved over a period of time, many a times Micro and Small Enterprises (MSEs) and Startups turn out to be non-serious participants as they are exempted from submitting Bid Security (in the form earnest money deposit).
The LWE affected states are also provided financial assistance under various schemes such as Security Related Expenditure (SRE), Special Central Assistance (SCA) and Special Infrastructure Scheme (SIS) including fortified police stations/outposts.
While the expenditure incurred by the states in connection with the anti-Maoist operations are reimbursed in the ratio of 60:40, the grant given by the Central Government under the SCA to fill up gaps in critical security infrastructure is 100%.
Other schemes under the MPF include Modernisation of Forensics and Modernisation of Prisons. While reduction in the LWE violence and the number of affected districts over a period of time is a good sign, the flow of funds for the modernisation of police must increase.
In the light of the above, it is suggested that the bar of allocations under the modernisation of police, forensics and prisons is raised by the Central Government to meet various challenges including those posed by the new criminal laws and help the states in fulfilling their Constitutional obligations.
(The writer is a retired IPS officer. Views are personal.)