DNA TEST, AND ITS ADMISSIBILITY IN THE COURT OF LAW

Submitted by:
Dhinesh V (17040142007)
Thamarai PS (17040142032)
[BBA LLB HONS]
[2017-2022]

Submitted to:
Dr. Kiran D. Gardner
Course Teacher

Alliance school of law

Alliance University, Bangalore
Background

DNA test or 'DNA Profiling' as prominently known as a procedure where an example of

DNA is run through a research facility to generate information about it, searching
specifically for DNA which could recognize the source of the extracted sample. This
technique is utilized at different spots for various purposes going from law enforcement to
Forensic science. The innovation of DNA Test was first announced in the year 1984 by Sir
Alec Jeffrey at the College of Leicester in Britain. Not long after this incident, it got one of
the most significant advances to be utilized in the Forensic Science. In the publications in
1985 by Jeffery and his partners, the term 'DNA Fingerprint' conveyed the meaning of
supreme distinguishing proof. Forensic DNA composing which was first utilized in the year
1985 in casework in Joined Realm was started in the US in the late 1986 by the Business
Research centers and in 1988 by The Federal Bureau of Investigation, which is currently
utilized in various cases identifying with crime, divorce, adultery, and etc.. In measurable
application, details in the unique fingerprint patterns, not ridge counts, are utilized for
personal ID.

The test for the admissibility of scientific technique articulated in Fyre v. US has been the
most invoked one in American case law. However, practically speaking, the court is
substantially more associated with applying the law which was articulated in Fyre case, there
are different elements which are being determined by the court which includes the
identification of the authenticity of the evidence. Its applicability has been differed from case
to case in the US, yet the principle advanced in the Fyre's case before long turned out to be
very useful in settling numerous cases identifying with different issues with the assistance of
DNA Technology.

Scope

In this paper we address the problems associated with the admissibility and understanding of
the expert evidence in criminal proceedings. Of particular importance in this context is the
approach which should be adopted for scientific or purportedly scientific, evidence tendered
for the admission.

Research problem
 The applicability of DNA test is vast and will help solve numerous paternity cases but it
also infringes the right to privacy and right to self-incrimination. But these rights are not
entirely guaranteed under the constitution of India.  It is clear from various decisions which
have been delivered by the Supreme Court from time to time that the Right to Life and
Personal Liberty which has been guaranteed under our Indian Constitution is not an absolute
one and it can be subject to some restrictions. Fundamental rights can also be compromised
in certain cases.

Hypothesis

DNA profiling as a technology with extensive usage such as this one, regulation cannot be
merely done by making changes to the existing law, rather it requires be controlled and dealt
by a special law.

Research question

1. Does storing the DNA information guarantees the privacy of the individual
2. What is the constitutional validity of such test

Research methodology

This research paper uses the doctrinal research methodology and both primary and secondary
sources have been used.

Literature review

For the benefit of both judiciary and the defence, this paper explains how the DNA evidence
can be successfully challenged in the courts so that the impacts of those evidences will be
minimized or even be dismissed completely. However emphasis is squarely placed on DNA
evidence so that it can be treated as just another piece of evidence.