Law And Medicine: Evidentiary Value Of DNA Profiling In Indian Criminal Trials
- IJLLR Journal
- 3 hours ago
- 1 min read
Aarti Sahu, KES' Shri. Jayantilal H. Patel Law College
ABSTRACT
This research examines the evidentiary value of DNA profiling in Indian criminal trials, analyzing its scientific foundations, legal framework, and constitutional implications. The study explores the evolution of DNA evidence from laboratory science to courtroom admissibility, detailing key analytical methods including Restriction Fragment Length Polymorphism (RFLP), Polymerase Chain Reaction (PCR), Short Tandem Repeat (STR) analysis, and Mitochondrial DNA analysis. The research identifies the distinctive characteristics of DNA evidence—uniqueness, stability, reliability, durability, heritability, and versatility—that establish its forensic value.
The study critically assesses India's current reliance on provisions in the BNSS that were not designed for modern forensic techniques, particularly examining Sections 51, 52, 53, and 183A which govern collection of biological samples during investigations. The research highlights significant challenges in DNA evidence handling, including maintaining chain of custody, mitigating cognitive and confirmative biases, and meeting legal admissibility standards. Constitutional concerns regarding privacy rights and protection against self-incrimination are examined alongside the regulatory framework established by the DNA Technology Bill, 2019.
The study concludes by proposing a balanced approach that leverages DNA evidence's forensic potential while establishing adequate safeguards for fundamental rights, drawing lessons from international jurisdictions to inform India's regulatory approach.
