PUNJAB FORENSIC SCIENCE AGENCY ACT 2007
[30 October 2007]
An Act to establish
the Punjab Forensic Science Agency
forensic examination of documents, materials, equipment,
or other objects.
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
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
(3) It shall come into force at once.
(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
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;
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;
includes an administrative inquiry;
means an act or omission made punishable under any law for the time being in
(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;
means prescribed by the rules;
means the rules made under the Act; and
(n) “Search Committee” means a
Committee constituted for making recommendation for appointment of Director
(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
(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:
examination of forensic material;
expert opinion with regard to examination of forensic material conducted by
operate and maintain scientific instruments for examination of forensic
advancement in forensic techniques and suggest use of suitable scientific
instruments for examination of forensic material;
clarification from the person involved in collection or handling of
forensic material in the prescribed manner;
the procedure for the collection, preservation and handling of forensic
to the direction of the Government, collect forensic material that requires
special expertise or scientific methods for collection and preservation;
record for examination of forensic material, including record pertaining to
the identity of a person connected with or accused of an offence, in the
general awareness on matters relating to forensics; and
any other function connected with or ancillary to the above functions.
Superintendence of the Agency.–
The superintendence of the
Agency shall vest in the Government and shall be exercised in the prescribed
6. Administration of the Agency.–
The administration of the Agency shall vest in the Director General.
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.
The Director General shall hold office for a term of five years but the
Government may, in special circumstances, extend the term of office of the
Director General for such period as it may determine.]
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.
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
(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
(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
(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
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.
(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.
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.
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