DNA Fingerprinting Current Perspectives and Challenges in India – An Analysis
Volume II – Issue II, 2019
Correct identification of accused and victims of a crime is always been a legal problem for the criminal investigation. DNA is the genetic blueprint of life which is unique for everyoneand the identification through DNA profiling has brought a sea change in the identification scenario.Since the discovery of DNA technology it has been used extensively as evidence in the court of law world-wide to establish the individual identity both in civil and criminal matters. But there are no special legislation/ provision under Indian Evidence Act, 1872 or Code of Criminal Procedure, 1973 to manage Forensic science issues. Section 45 of the IEA provides for expert opinion which includes medical examination but it was only after the amendment of CrPC in 2005, DNA profiling is been recognized to an extent in Section 53, 53A and 164A of CrPC for using DNA by medical practitioner for examination. Further the admissibility of DNA Evidence before the court is debatable and unsettled as the Judiciary having different interpretations for their admissibility due to constitutional and legal validity of such tests being conducted in human beings. The Challenges also include proper handling procedures during selection, collection, packaging, labeling, storing, and transportation of evidence to the laboratory to achieve final valid and reliable results. The researcher would suggest on a statutory recognition of DNA evidence in India, to regulate usage of DNA forensic laboratories and to establish national DNA database as recommended in Malimath committee to increase its appreciation value. This project will be a doctrinal method of research which would be divided into 2 Parts. Part I will deal with the introductory part of what is DNA profiling and its procedure of doing it, Provisions in law which deals with DNA profiling, accuracy, reliability and their admissibility in court of law. Part II will deal with the challenges and issues regarding DNA profiling and conclusion part with suggestions to the issues and challenges.