Evidentiary Value Of DNA And Its Utilization By The Judiciary
- IJLLR Journal
- 13 hours ago
- 1 min read
Kajal, Assistant Professor in Law, CT Institute of Law, Shahpur, Jalandhar, Punjab (India)
ABSTRACT
Deoxyribonucleic Acid (DNA) evidence has revolutionized criminal and civil justice by providing highly accurate means of individual identification and relationship determination. As a unique genetic marker for every person (except identical twins), DNA profiling has become a critical tool in investigating crimes, resolving paternity disputes, identifying missing persons, and even in mass disaster victim identification. In India, courts have increasingly relied on DNA evidence, recognizing its ability to strengthen fact-finding and reduce wrongful convictions. However, its use also raises important legal, ethical, and procedural challenges. The admissibility of DNA evidence under the Bharatiya Sakshya Adhiniyam,2023 depends on relevance, reliability, and proper collection, preservation, and analysis of samples. Judicial decisions have elaborated principles governing compulsory DNA testing, admissibility of expert testimony under Sections 39 and 45 of the Bharatiya Sakshya Adhiniyam, and the exercise of judicial discretion in ordering DNA analysis. Constitutional concerns, particularly the right to privacy, bodily integrity, and the protection against self-incrimination under Article 20(3), have been carefully balanced with the probative value of such evidence. This paper critically examines the evidentiary value of DNA profiling in India, explores key judicial pronouncements, and draws comparative lessons from jurisdictions with established forensic legislation. It also discusses pressing challenges, including the absence of a comprehensive DNA law, risk of misuse, chain-of-custody issues, and privacy concerns. The study concludes that DNA evidence is indispensable to modern justice but must be supported by statutory safeguards, rigorous procedures, and judicious evaluation to uphold fairness and constitutional values.
Keywords: DNA Evidence, Bharatiya Sakshya Adhiniyam, Paternity Disputes, Right to Privacy, Chain of Custody, Forensic Legislation
