Importance of DNA forensics in criminal investigation and trials

The powerful and contentious study of DNA, the substance that makes up the biological code of most creatures, is one of the many new instruments that science has supplied for senior criminal lawyers in bangalore the investigation of forensic evidence. DNA analysis, also known as DNA profiling, studies DNA contained in tangible evidence such as saliva, hair, and sperm to see if it can be linked to DNA collected from specific people. In criminal prosecutions, DNA analysis has emerged as a regular kind of evidence. It is frequently used in civil proceedings, notably in matters requiring a determination of parentage or identity.

Usage of DNA as evidence
DNA may be used to spot potential offenders and connect individuals to a crime by showing they were present in a specific location. DNA profiling also improves the criminal justice system’s efficiency. Spectator reports are untrustworthy, especially under high-pressure circumstances such as during a crime’s commission. Memory abnormalities can put fear in eyewitness evidence, according to academics in the study “The Neuroscience of Memory: Implications for the Courtroom.” DNA, on the other hand, is scientifically correct and hence more challenging to deny.

The Polymerase Chain Reaction (PCR) is the most used type of DNA analysis (PCR). Investigators have been able to successfully evaluate evidence samples of varying quality and quantity thanks to PCR. Countless copies of extremely little quantities of DNA are produced by the PCR process.

If the DNA sample of an accused’s specimen matches that of the evidential sample, the accused remains a prospective source of the specimen. Because just a subset of STR markers is examined, there is a chance that another person has the same DNA profile. If the genes in the DNA sample are uncommon, the profile may be traced to just a few people in a given community, increasing the possibility that the suspect is indeed the source of the evidence. As a result, the importance of matching profiles must be assessed using well-established statistical principles.

DNA forensics in the Indian Legal System
Section 53 of the 1973 Code of Criminal Procedure allows a police officer to seek the aid of a medical professional in good faith to conduct an inquiry. However, it does not allow a complainant to collect blood, sperm, or other evidence to establish criminal charges against the suspect.

The Cr. P. C. (Amendment) Act of 2005 included two new provisions that allow the investigating official to acquire DNA samples from the bodies of the suspect and the complainant with the assistance of a medical practitioner. These clauses permit medical investigation of the rape suspect and medical assessment of the rape victim, respectively.

However, the acceptability of these pieces of evidence has continued to be an issue due to different opinions of the Supreme Court and several High Courts in various rulings. Judges do not reject the scientific correctness and conclusiveness of DNA testing, but in some situations, they refuse to recognize this evidence due to statutory or constitutional prohibitions, as well as public policy considerations.

There is an urgent need to re-examine such sections and laws since there is no rule in the Indian Evidence Act of 1872 or the Code of Criminal Procedure of 1973 to deal with science and technology concerns.

Admissibility of DNA forensics in criminal trials
The admissibility of DNA evidence in court is always dependent on its correct and efficient collection, storage, and recording, which can convince the jury that the evidence submitted is credible. There is no explicit statute in India that may offer precise directions to investigative agencies and courts, as well as the method to be followed in instances used as evidence. Furthermore, there is no explicit provision in the Indian Evidence Act of 1872 or the Code of Criminal Procedure of 1973 for dealing with science, technology, and forensic science concerns. Due to the lack of such a regulation, an investigating officer faces significant difficulties in gathering evidence that utilises current mechanisms to prove the accused individual.

The DNA Technology (Use and Application) Regulation Bill introduced in 2019 seeks to regulate the use of DNA evidence and contains a Schedule of offences for which DNA evidence can be used. This Schedule mainly consists of offences under the Indian Penal Code, 1860, and some civil issues, like a suit for determination of paternity.

The Bill also delves into the procedure to be followed for collecting DNA evidence, establishing and managing DNA Data Banks at national and regional levels, and establishing authority for supervising the functioning of DNA Data Banks and DNA labs. Further, the Bill lays down the collection of DNA without authorization, and unwarranted disclosure of DNA information as offences.