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DNA Profiling And Criminal Justice In India: A Study Of Its Role As An Investigative Tool




Saleem Ahamad, Research Scholar, Jamia Millia Islamia, New Delhi


ABSTRACT


DNA profiling is considered one of the most secure scientific methodologies for forensic investigation in the modern era, which has transformed the detection of crimes and dispensation of justice. This is especially important in the Indian legal environment, where justice delayed is justice denied, and evidentiary challenges and trustworthiness in traditional forms of evidence are often heavily scrutinized. DNA evidence in the Indian context will allow for a higher level of accuracy and objectivity to the justice process.


The goal of this thesis is to dissect the efficacy of the DNA profiling process in Indian Justice Administration as an investigative instrument by using scientific, legal, jurisprudential and practical dimensions of the support of DNA evidence in criminal trials. DNA profiling advance the usefulness of forensic evidence in supporting forensic evidence in the courts in a reliable and objective manner in homicide cases, sexual assault cases, paternity disputes and missing persons cases. However, a thorough analysis should also address barriers to the use of DNA technology in India which includes privacy concerns, lack of comprehensive regulation framework, lack of infrastructure, and the possibility of contamination and abuse of the samples in cases.


The paper highlights the pressing need for a credible legal and institutional framework regulating the application of DNA technology through a consideration of the legislation, case law, and suggestions from law reform agencies. Ultimately, the study determines a conclusion that DNA profiling, if regulated and used reasonably, can enhance the investigatory process and impacts significantly, the search for truth and justice in the Indian legal system.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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