DNA as Evidence in the Indian Criminal Justice System

Abstract

Deoxyribonucleic acid the basis and the genetic material of humans is present in each and every human being on the planet and is unique to each one of them except in the case of identical twins. DNA can be very evidence in the court of law and is proven scientifically time and again, but the ongoing debate of its breach of privacy has been a big hurdle in implementing the admissibility of DNA evidence in the Indian judicial system. The rise of biotechnology and molecular biology in India has been immense and the determination of a DNA sequence of a human being can be done by various methods and also the cost of DNA analysis has come down drastically due to advancement in science and technology. The Indian judicial system still follows the Indian Evidence Act, 1872, and the Code of Criminal Procedures,1973 which is almost 150 and 50 years old, respectively. Although amendments have been made in these acts, the usage of DNA as evidence is always questioned in the court of law. When the subject of DNA is opened it is not just its ability of being a great forensic evidence but also in civil proceedings and medical importance. DNA analysis was further strengthened by Sir Alec Jeffreys in 1984 when he discovered the technique of DNA profiling commonly known as DNA fingerprinting. DNA profiling helps in establishing a human identity with great precision. It can be used to identify either criminal or the victim of a crime, in a civil dispute DNA profiling can be helpful in solving paternity disputes. DNA has emerged as a reliable and powerful tool in the field of forensic science. DNA can not only prove the identity of a criminal but also prove the innocence of a bystander or a victim. The first case in which DNA was used as evidence in an Indian court of law was in 1991 in a disputed paternity case.