The new Bharatiya Nagarik Suraksha Sanhita (BNSS) mandates a forensic investigation and videography of the entire process at the crime scene for all offences that carry a punishment of seven years or more, as stated in Clause 3 of Section 176.
However, there is concern that the crime scene involving the police van in the Akshay Shinde shootout case may have been disturbed. This has raised alarm among forensic experts and advocates who are closely monitoring the case. The apprehension stems from the fact that the police van, where the shootout occurred, was not parked at the crime scene itself. Had it been, forensic investigators could have conducted a detailed analysis and collected crucial ballistic evidence without interference.
Nisha Menon, forensic expert and consultant
A forensic team was seen inspecting the police van, which was parked at the Thane police ground on Tuesday. After the inspection, the van was moved to a makeshift pandal nearby.
Apprehension
Confirming these concerns, B B Daundakar, former director of the State Forensic Science Laboratory in Kalina, said, “After the shootout, it would have been advisable for the police to stop and park their vehicle without moving it and to protect the crime scene for forensic investigation at the crime spot (Mumbra Bypass). The police could have immediately contacted the control room to report the shootout and alerted the forensic team for crime scene investigation.”
Crucial forensic leads
Daundakar said that if the police van had been preserved at the crime scene, it would have helped forensic experts find crucial evidence like bullets and empty cartridges, thereby identifying the weapon used in the shootout. “The firing could have left blackening around the entry and exit points, and the gunshot residue could have been matched with the handwash of the deceased and the police inspector,” Daundakar noted. Daundakar also highlighted that skin wash around the wound from API Nilesh More`s thigh may have contained gunshot residue, aiding in identifying if the wound was due to a gunshot. Daundakar added, “Blood, hair samples, and other forensic materials could have been thoroughly examined inside the van. The entire vehicle should have been photographed, and a comprehensive crime scene report prepared.”
‘Disturbed crime scene’
“The fact that the police vehicle has been moved from the crime scene to other locations complicates the collection of crucial evidence. The forensic team will find it challenging to corroborate and recreate the shootout incident with scientific and ballistic evidence,” Daundakar noted.
‘Reconstructing events’
“A thorough investigation is essential for preserving vital evidence, which is necessary for reconstructing events, identifying suspects, and securing convictions, especially in cases of gunshot deaths occurring in a moving vehicle,” said Nisha Menon, a forensic expert and consultant.
Compromised investigation
“The major disadvantages of relocating the vehicle include the loss of contextual evidence, such as tyre tracks, skid marks, fluid spills, and other vital signs that could be destroyed. Additionally, contamination occurs when debris, DNA, or fingerprints are transferred from the original scene to another location,” Nisha explained.
Legal perspective ‘Innocent until proven guilty’
The recent police encounter at Badlapur was celebrated by the public with sweets and garlands. Advocate Mohini Priya warned that encouraging such encounters could lead to more killings. “When police act as the judiciary, it undermines checks and balances and risks innocent lives,” she stated.
Lack of accountability
The Badlapur incident raised alarm as police moved the van involved in the shooting, suggesting potential evidence tampering. “This shows a lack of accountability,” Mohini said, emphasising that self-defence should not justify routine encounters.
Tuesday
Day forensic team was inspecting the van
