There is no perfect definition to define cold cases, but these are the cases that are remain unsolved and closed after a particular time. Any crime scenes contains a victim, suspects (accused), witnesses and a number of evidences that are left behind in the scene. The evidences play a crucial role in any investigation. Among many other reasons, improper investigation is the most common reason behind the cold cases formation. The maintenance of crime scene is the crucial step in any investigations that is missing in the present investigation agencies due to which there is such huge list of cold cases.

In 2022, Delhi police solved merely 45.6% of registered cases, 45.7% and 46.6% in year 2020 and 2021 respectively according to the article titled, ‘Delhi cops failed to crack cases more than they solved in last 3 years’ published in TOI dated 22^nd May 2023. According to the same article most of the cases could be solved but due to investigating team loses track, it remain unsolved. The data shows that not even the 50% of the registered cases is not solved, which is the serious problem. It means that more the 50% of the victims still begging for justice in Delhi. The rate of unsolved crimes can affect the society, it not only brings the fear in the civilians but also encourages the criminals by showing incapability of the law and order maintainers of that society. Ultimately which leads to increase in crime rate. In the article titled, ‘ First-timers accused in 91% of Delhi crimes in 2021, shows police data. Cops blame joblessness’ published in ‘The print’ on 24^th February 2022. According to which 3 lakhs crimes reported in 2021 compared to 2020 which was 2.6 lakhs. The same article also state that more than 91% of crimes in Delhi in 2021 were committed by 1^st offenders with no past criminal record data.

The reasons for such a high percentage of unsolved crimes are many but one of the crucial reason is evidences distortion due to improper collection, handling, sealing, packaging and improper management of crime scene. These action impact the investigation, and leads to increase in number of cold cases. Aarushi hatyakand, 2008 and Nithari serial killing, 2003 are some examples of cold cases in Delhi, there are many such examples which doesn’t get such a huge media coverage, like these cases. In the Nithari case trials High court judge stated the improper investigation strategy of the investigation agency is the reason for the unsolved Nithari serial killing case. Many criminals are roaming around freely and the victims are still begging for justice. This brings insecurity and disbelief among civilians towards law system, in country. In Aarushi’s case the HC judge stated that CBI tried to manipulate the scenario with planted witnesses and the evidences (like golf stick) that were present in the court were also not properly sealed. Many evidences were damaged due to improper collection process. From these unsolved cases the drop back in the investigation process can be interpret.

The current effort for reducing the cold cases is the ‘standing order’ issued by the office of police commissioner of Delhi, which states that these cold cases must be selected carefully by the district DCPs and assigned to unsolved cases cell in the district investigation unit. According to the order eight types of cases that are remained unsolved after three months of registration can be assigned to the unsolved cases cell by the district DCP. The order further state for the formation of a centralised “unsolved cases cell” in crime branch and special cell where the unsolved cases may be transferred from district’s cell after 6 months. But this arrangement can not solve the problem of increase in cold cases. Crime scene is formed from victims, suspects (accused), witnesses and evidences. Once the evidences are lost the chances of solving a crime scene is minimal. As the law of progressive changes (basic principles and law of forensic) state that everything changes with passage of time and nothing remain constant. So with time, distortion in the crime scenes also progresses. To bringing such order is good but not that effective, because of distortion in evidences. An effective efforts that can be done is to investigate the crimes from the very start with full accuracy and precision, this only can reduce the rate of increase in cold cases. On looking the matter from the root it seems that the lack of proper handling of the crime scenes which is due to absence of forensic staff in investigation team. In India, police are not from forensic background, so they are unware of handling a crime scenes the way it should with least contamination. Police staffs are hired from government exams, which doesn’t have any specific field eligibility criteria and from sports. So they are not trained to handle the crime scenes. To overcome this problem, government can bring a staff which is from forensic background in the police system. Together the police and forensic staff can investigate the crime scenes. Forensic staff being knowledge of maintaining the crime scenes and chain of custody can contribute in the crime scenes while the police staff can conduct the interrogative process in the scene. This combination of two in investigation team can increase the efficiency of the investigation process. The recruitment process for police staff can be the same as it now and for forensic staff the recruitment could be through entrance exam based on forensic science and eligibility criteria must be education in forensic science or related stream.

This article is based on cold cases scenario in Delhi, the same situation is present throughout the India. Cold cases are unsolved crimes that are closed after a particular time. The motive is to emphasize on the increase in cold cases by focusing on Delhi’s data. The present efforts that are made for cold cases are not that efficient, that can show in positive outcome. But the involvement of forensic staff in the investigation team can work in solving the crimes.

Vaishnavi Kumar