(Act XIII of
2007)
[30 October 2007]
An Act to
establish the Punjab Forensic Science Agency for
forensic
examination of documents, materials, equipment,
Preamble.– Whereas it is expedient to provide for the establishment
and constitution of an Agency for the purpose of examination of forensic
material and rendering of expert opinion in respect thereof before Court,
tribunal or other authority and for connected matters;
It
is hereby enacted as follows:-
1. Short title, extent and
commencement.– (1) This Act may be cited as the Punjab Forensic Science
Agency Act, 2007.
(2) It extends to the whole of the Punjab.
(3) It shall come into force at once.
2. Definitions.– (1) In
this Act:
(a) “Act” means the Punjab Forensic Science
Agency Act, 2007;
(b) “Agency”
means the Punjab Forensic Science Agency established and constituted under
section 3 of the Act;
(c) “authority” includes a police officer or a
public servant authorized to hold an investigation or inquiry under any law for
the time being in force;
(d) “Code” means the Code of Criminal Procedure,
1898 (V of 1898);
(e) “Director General” means the Director General
of the Agency appointed under section 7;
(f) “expert” includes a qualified foreign expert
working in a forensic science facility and whose evidence is admissible in the
country of his origin;
(g) “forensic
material” means a document, material, equipment, impression or any other
object connected with the commission of
an offence, a civil cause or any other proceedings;
(h) “Government” means the Government of the
Punjab;
(i) “inquiry” includes an administrative inquiry;
(j) “offence” means an act or omission made
punishable under any law for the time being in force;
(k) “police
officer” means a police officer appointed under the Police Order, 2002 (22 of
2002), or any other person who has been conferred with the powers of a police
officer under any other law for the time being in force;
(l) “prescribed” means prescribed by the rules;
(m) “rules” means the rules made under the Act;
and
(n) “Search
Committee” means a Committee constituted for making recommendation for
appointment of Director General.
(2) A word or an expression used in the Act
and not defined shall mean the same as in the Code.
3. Establishment
and constitution of the Agency.–
(1) The Government shall, by a notification in the official Gazette, establish
and constitute an Agency to be called the Punjab Forensic Science Agency.
(2) The Agency shall consist of the Director
General and experts and officials as may be appointed by the Government.
(3) The Government may, by a notification in
the official Gazette, absorb in the Agency a body, bureau, laboratory or any
other facility of the Government concerned with the examination and rendering
of expert opinion about forensic material.
(4) .An officer or an employee of the body,
bureau, laboratory or other facility absorbed in the Agency may opt for
employment in the Agency.
(5) The officer or the employee who opts to
become employee of the Agency and is otherwise qualified shall be appointed in
the Agency in the prescribed manner.
4. Functions of the Agency.–
The Agency shall:
(a) undertake examination of forensic material;
(b) render expert opinion with regard to
examination of forensic material conducted by it;
(c) procure, operate and
maintain scientific instruments for examination of forensic material;
(d) propose advancement
in forensic techniques and suggest use of suitable scientific instruments for
examination of forensic material;
(e) seek clarification from the person involved in
collection or handling of forensic
material in the prescribed manner;
(f) recommend the procedure for the collection,
preservation and handling of forensic material;
(g) subject to the
direction of the Government, collect forensic material that requires special
expertise or scientific methods for collection and preservation;
(h) maintain record for examination of forensic
material, including record pertaining to the identity of a person connected
with or accused of an offence, in the prescribed manner;
(i) promote general awareness on matters relating
to forensics; and
(j) perform any other
function connected with or ancillary to the above functions.
5. Superintendence of the
Agency.– The superintendence of
the Agency shall vest in the Government and shall be exercised in the
prescribed manner.
6. Administration of the
Agency.– The administration of the Agency shall vest in the Director
General.
7. Appointment of the
Director General.– (1) The Government shall appoint the Director General on
the recommendation of the Search Committee.
(2) The
Director General shall be a qualified expert in one or more disciplines of
forensic science in accordance with the prescribed standards.
(3) The Director General shall hold office
for a non-renewable term of five years.
(4) The
Government shall determine the terms and conditions of service of the Director
General which shall not be varied during his term in office.
(5) The Government may, after notice and
inquiry in the prescribed manner, remove the Director General during the tenure
of his office on the ground of inefficiency, misconduct, corruption or
inability to perform functions due to medical reasons.
(6) The Director General may tender his
resignation to the Government and shall cease to hold office upon acceptance of
his resignation.
8. Administrative and
financial powers of the Director General.– The Director General shall
exercise such administrative and financial powers as may be prescribed.
9. Experts.– (1) The
Government shall appoint an expert in the prescribed manner.
(2) No person shall be appointed as an expert
unless he is qualified to conduct examination of a forensic material.
(3) A person appointed in the Agency as an
expert shall be deemed as an expert appointed under section 510 of the Code and
a person specially skilled in a forensic material under Article 59 of the
Qanun-e-Shahadat Order, 1984 (X of 1984).
(4) The Government or the Agency shall not
entrust examination of a forensic material to a person who has been convicted
of an offence related to giving false evidence under any law for the time being
in force.
10. Expert
opinion.– (1) A Court, tribunal or authority may send to the Agency, a
forensic material related to investigation or proceedings before it, for
examination and expert opinion.
(2) The Agency shall authenticate and send
expert opinion to a Court, tribunal or authority in the prescribed manner.
(3) An expert opinion shall carry the name
and designation of the expert who conducted the examination.
11. Clarification
in case of certain opinion.– (1) If an expert opinion is not clear, the
Court, tribunal or authority may refer it to the Agency for clarification on a
specific question.
(2) The Agency shall, on receipt of the
reference, send clarification on the question to the Court, tribunal or
authority.
(3) If the condition of the forensic material
or any other fact does not allow submission of a clear answer to the question,
the Agency shall state its inability to answer the question.
12. Re-examination of forensic material.– (1) A person affected by the opinion of an
expert, may for a sufficient cause, submit an application for re-examination
before the Court, tribunal or authority other than a police officer before
which the opinion is rendered or the Court or tribunal before which the opinion
is submitted by the authority.
(2) If the Court, tribunal or authority is
satisfied that there are sufficient grounds for re-consideration of the
opinion, it may, for reasons to be recorded in writing, direct the Agency to
re-examine the forensic material.
(3) The Director General shall, on receipt of
the direction, constitute a panel of three or more experts to re-examine the
forensic material or refer the same to a forensic examination facility for
examination and opinion.
(4) The Director General shall submit the
finding of the expert or the forensic facility and his opinion to the Court,
tribunal or authority.
13. Offence.–
(1) If an expert or official of the Agency knowingly or negligently renders
false, incorrect or misleading opinion before a Court, tribunal or authority,
he shall be punished with imprisonment which may extend to six months or with
fine which may extend to fifty thousand rupees or with both.
(2) An offence under this Act shall be
triable by a Court of Sessions.
(3) The Court shall not take cognizance of an
offence under this Act unless the Director General makes a complaint in writing
in the prescribed manner.
14. Appeal.– A person aggrieved by an order or sentence passed under section 13
may, within thirty days, prefer an appeal to the Lahore High Court.
15. Annual
Performance report.– (1) The Agency shall submit its annual performance
report to the Government before July 31 in a year;
(2) The Government shall, within the period
of one month of the receipt of the annual performance report, submit the same
in the Provincial Assembly of the Punjab.
16. Act
to be read in conjunction with other laws.– The provisions of this Act
shall be read in conjunction with and not in derogation of any other law for
the time being in force.
17. Power
to make rules.– The Government may make rules for giving effect to the
provisions of this Act.
[1][1]This Act was passed by the
Punjab Assembly on 4 October 2007; assented to by the Governor of the Punjab on
29 October 2007; and, was published in the Punjab Gazette (Extraordinary),
dated 30 October 2007, pages 1453-56.
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