A

SYNOPSIS OF
PROJECT WORK ON
USE OF DNA PROFILING
AS
FORENSIC EVIDENCE IN
INDIAN COURTS

SUBMITTED TO: SUBMITTED BY:

DR. NUZHAT PARWEEN KAISER NAZ
FACULTY OF LAW LLM(regular)
 INTRODUCTION
DNA stands for deoxyribonucleic acid, the strands of identity that living beings receive from
their ancestors. Outside of identical twins, no two people have the same DNA pattern. DNA
fingerprinting also has certain distinctive features. In 1987, the DNA fingerprinting was
utilised as a tool for criminal investigation, to establish blood relations and trace medical
history. Investigators would find "anonymous DNA" at the crime scene and compare it with
the DNA of suspects for possible matches. The investigator would generally use a swab to
collect bodily substances from a suspect's mouth to match it with DNA collected from the
crime scene. Prior to the use of DNA, identification was heavily based on finger prints, foot
prints, blood, or other evidence that a suspect may have left behind after committing a crime.
The process of matching a suspect‟s DNA with DNA found at a crime scene has provided
both law enforcement agencies and court officials with a higher probability of ascertaining
the identity of offenders.

DNA fingerprinting has been very useful for law enforcement, as it has been used to
exonerate the innocent. Unlike blood found at a crime scene, DNA material remains usable
for an endless period of time. DNA technology can be used even on decomposed human
remains to identify the victims. Clinical trial and medical research has long been an
important area of medical sciences as it has been referred to in large number of mythological
and historical texts and scriptures.

WHAT IS DNA:
DNA is an organic substance i.e. the chemical basic of life, which is found in every cell
found in every human body except red blood cells, which lose its with their maturity. This
organic substance combining with protein forms the chromosomes, a thread like structure,
responsible for carrying the genetic character from one person to its offspring.

STRUCTURE OF DNA:
The structure of DNA varies from individual to individual. DNA structure determines human
character ,behaviour and body characterisation. Each individual, consequently, is unique,
different from all other .In monozygotic twins, DNA structure is same because they come
forth by the division of a single fertilized egg. Monozygotic twin are genetically identified.

TECHNIQUES OF DNA PROFILING:

The aim and of DNA profiling is to detect the differences among DNA samples taken from
different individual .DNA profiling uses advanced techniques developed by molecular
biologist to ‘home in’ on the area of DNA where there are differences among individual
DNA fingerprinting /profiling techniques is of greatest advantage as it helps in –

• Organ transplantation (in medical science )

• Establishment of biological relationship of two or more person

• Identifying missing children and in cases of child swapping

• Post conviction of DNA testing for exoneration

• To solve the paternity dispute

• To solve the other criminal cases

• The cases of inheritance or succession, adoption, maintenance of minor child, etc.

PROSPECTS OF DNA FINGERPRINTING IN INDIA:

The admissibility of the DNA evidence before the court always depends on its accurate and
proper

collection, preservation and documentation which can satisfy the court that the evidence
which has been put in front it is reliable. There is no specific legislation which is present
in Indian which can provide specific guidelines to the investigating agencies and the court,
and the procedure to be adopted in the cases involving DNA as its evidence. Moreover, there
is no specific provision under Indian Evidenced Act, 1872 and Code of Criminal Procedure,
1973 to manage science, technology and forensic science issues. Due to lack of having
any such provision, an investigating officer has to face much trouble in collecting
evidenceswhich involves modern mechanism to prove the accused person guilty.

Section 53 of Code of Criminal Procedure1973 authorizes a police officer to get the

assistance of a medical practitioner in good faith for the propose of the investigation. But, it
doesn’t enable a complainant to collect blood, semen etc for bringing the criminal charges
against the accused.
The amendment of Cr. P. C. by the Cr. P. C. (amendment) Act, 2005 has brought two new
sections which authorize the investigating officer to collect DNA sample from the body of the
accused and the victim with the help of medical practitioner. These sections allow
examination of person accused of rape by medical practitioner and the medical
examination of the rape victim respectively. But the admissibility of these
evidences has remained in a state of doubt as the opinion of the Supreme Court and various
High Courts in various decisions remained conflicting. Judges do not deny the scientific
accuracy and conclusiveness of DNA testing, but in some cases they do not admit these
evidences on the ground of legal or constitutional prohibition
and sometimes the public policy.
There is an urgent need to re-examine these sections and lows as there is no rule present in
the Indian Evidence Act, 1872 and Code of Criminal Procedure, 1973 to manage science and
technology issue
LITERATURE RIVEW:

In this paper I have read forensic science in crime investigation by B. S NABAR where the
author has explained the concept of DNA profiling and has elaborated various dimensions
Of DNA such as techniques of “ What is DNA?”, “structure of DNA” , “Techniques of DNA
profiling” is of greatest advantage as it helps in –

• Organ transplantation (in medical science )

• Establishment of biological relationship of two or more person

• Identifying missing children and in cases of child swapping

• Post conviction of DNA testing for exoneration

• To solve the paternity dispute

• To solve the other criminal cases

• The cases of inheritance or succession, adoption, maintenance of minor child, etc

and I have also gone through the reports of law commission regarding the concerned topic
and I have also read few other articles on DNA profiling.

RESEARCH QUESTION:
1: WHETHER DNA PROFILING IS ADMISSIBLE AS FORENSIC EVIDENCE IN
INDIAN COURTS?

2: WHAT IS THE CONSTITUTIONAL VALIDITY OF DNA PROFILING AS FORENSIC

EVIDENCE?

HYPOTHESIS:
It is important to create a balance between the constitutional rights of an individual and the
public interest and bring accountability and transparency to the practice of DNA collection
and testing.

RESEARCH METHODOLOGY:

The method of research used in the study is doctrinal. However certain research
on the topic already made have been also studied.
TENTATIVE CHAPTERIZATION:

I INTRODUCTION
II CONCEPT OF DNA
III STRUCTURE OF DNA
IV TECHNIQUES OF DNA PROFILING
V PROSPECTS OF DNA FINGERPRINTING IN INDIA
VI DNA LEGISLATION IN CONTEXT OF INDIA
VII CONCLUSION
VIII BIBLIOGRAPHY
 CONCLUSION
DNA test is a strong boon in criminal administration of justice, but in civil cases the socio
economic condition and the peculiarity in our country declare this test against of human
dignity especially of child and woman. But the inherent power of courts in civil matters
Sec.151 C.P.C. 1908 should prevail for the sake of justice, truth, and dignity of innocent
person and transparency of judicial administration. So DNA technology can be used in the
matters of human dignity, human right & human relationship, it should be an essential part of
Indian judiciary and for that purpose we are eagerly waiting for an appropriate legislation in
the name of The DNA Profiling Bill 2007 which is stating the infrastructure, standards,
quality-control with assurance obligation of DNA laboratory, information, composition,
qualification of DNA profiling board & it's members, function and most important
establishment of DNA data Bank.

This bill comprehensively covers the wide field of DNA regarding criminal case, that why
the name of Bill is DNA profiling Bill 2007, but it would be more fruitful if it contains
certain provisions for the dignity and privacy of all the citizens. Thus this bill should be DNA
and Dignity Bill. The justice administration system needs to assimilate the scientific
advancements of genetic profiling and develop procedural techniques for harnessing the
emerging juridical challenges.
 BIBLIOGRAPHY

PRIMARY:

1.B.S NABAR,FORENSIC SCIENCE IN CRIME INVESTIGATION

SECONDARY:

2.http://lawcommissionofindia.nic.in/reports/Report271.pdf

3.http://shodhganga.inflibnet.ac.in/bitstream/10603/70232/8/chapter4.pdf