BANARAS HINDU UNIVERSITY

FACULTY OF LAW

RESEARCH METHODOLOGY

Literature review on: DNA Profiling in Criminal Administration

Submitted to: Submitted by:

DR. LAXMAN SINGH RAWAT HIMANSHU VERMA

Asst. Prof. (Law) LLM ONE YEAR
ROLL NO- 20425LLM049

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 ACKNOWLEDGEMENT

At the outset, I take this opportunity to thank my Professor DR. LAXMAN RAWAT
SIR from the bottom of my heart who has been of immense help during moments of anxiety and
torpidity while the Literature review was taking its crucial shape.

Secondly, the contribution made by my parents and friends by foregoing their precious
time is unforgettable and highly solicited. Their valuable advice and timely supervision paved
the way for the successful completion of this project.

Finally, I thank the Almighty who gave me the courage and stamina to confront all hurdles
during the making of this project. Words aren’t sufficient to acknowledge the tremendous
contributions of various people involved in this project, as I know ‘Words are Poor Comforters’.
I once again wholeheartedly and earnestly thank all the people who were involved directly or
indirectly during this project making which helped me to come out with flying colors
 LIST OF ABBREIVIATION

AIR : All India Reporter

Art. : Article

Ch. : Chapter

Cr.PC : Criminal procedure code

www : world wide web

Crl.R.P.No : Criminal Revision Petition

F. Supp : federal supplement

 LIST OF CASES
 Govind Singh v. state of Madhya Pradesh 1975 AIR 1378

 United States v. Jakobetz 747 F. Supp. 250

 Gautam Kundu v. The State of West Bengal 1993 AIR 2295

 In Kunhiramanv. Manoj, Crl.R.P.No. 453 of 1990

 K.S. Puttaswamy v. Union of India (2017) 10 SCC 1

Introduction
DNA is the genetic code that is found in every cell of an individual’s body and is unique to each
individual except identical twins. Because of its uniqueness and advances in molecular techniques, DNA
analysis has become a very useful forensic tool. A highly sophisticated and scientific technique of DNA
analysis also called as DNA typing/ profiling/fingerprinting, introduced by Sir Alec Jeffrey in 1984, has
revolutionized the field of forensics. The technique involves isolation of selected segments of DNA
molecule from suspect and its subsequent comparison with the one derived from a sample of physical
evidence collected from crime scene to see whether the two match. DNA analysis has become one of the
common forms of evidence in criminal trials, for example, rape/sexual assault, and murders 1. It is also
used in civil litigation, particularly in cases involving the determination of paternity/identity. DNA
analysis has been recently introduced in the field of forensic odontology and has greatly enhanced its
scope, teeth and saliva being a good source of DNA. The technique has been discussed widely and most
of the forensic experts are aware of it. However, the aspect of this DNA evidence which remains obscure
for most is its admissibility.

In India, scientific evidence in courts are dealt under Section 45 of the Indian Evidence Act, 1872. Code
of Criminal Procedure, (Cr.P.C.) 1973 formulates police duties in arresting offenders, dealing with
absconders, in the production of documents, etc., and in investigating offenses. However, under both of
these, there is a lack of specific legislation which can provide proper guidelines to the investigating
agencies and the court about the procedures to be adopted in the cases involving DNA evidence. Due to
this, investigating officers and forensic experts/ odontologists face trouble in collecting evidence
involving modern scientific techniques2.

The most important reason that courts sometimes are reluctant in accepting the evidence based on DNA
technology according to some is that it imposes a serious challenge to some legal and functional rights of
an individual such as “right to privacy” and “right against self-incrimination. “On these grounds, many
times accused also denies to provide a DNA sample for their criminal investigation. The right to privacy
has been included under Right to Life and Personal liberty or Article 21 of the Indian Constitution 3, and
Article 20(3) provides Right against self-incrimination which protects an accused person in criminal cases
from providing evidence against him or evidence which can make him guilty. However, it has been held

1
https://www.mondaq.com/india/new-technology/782032/dna-profiling-in-india-towards-the-new-age-dna-
technology-use-and-application-bill-2018 accessed on 10 feb 2021
2
https://www.webmd.com/a-to-z-guides/dna-fingerprinting-overview#1 accessed on 10 feb 2021
3
https://www.khuranaandkhurana.com/2019/02/13/dna-profiling-in-the-india-towards-the-new-age-dna-technology-
use-and-application-bill/?utm_source=Mondaq&utm_medium=syndication&utm_campaign=LinkedIn-integration
accessed on 10 feb 2021
by the Supreme Court on several occasions that Right to Life and Personal Liberty is not an absolute
Right. Thus, police can order the accused to provide a DNA sample for their criminal investigation.

The queries which may arise in minds regarding admissibility are:

 What are the laws governing the admissibility of the evidence?

 Whether the DNA evidence is admissible in court of laws?
 What is the scenario of DNA evidence in Indian courts?
 Do the police have the right to order the accused to provide a DNA sample for their criminal
investigation?

Thus, this dissertation intends to answer all such queries and to discuss the admissibility of DNA
evidence in courts including its historical perspective with a highlight on the laws related to the
admissibility of evidence worldwide, having a special focus on the laws related to admissibility of
evidence in Indian judicial system.

Method of Literature Search

Articles in English language were identified by searches on electronic databases such as Google, Google
Scholar, and SCCONLINE. The following search terms were used: “DNA fingerprinting in forensic
dentistry,” “DNA analysis and admissibility,” “dental pulp and DNA analysis and related laws,” “forensic
DNA typing and admissibility,” “admissibility of DNA evidence,” “DNA evidence in courts,” “DNA and
admissibility,” and “admissibility of scientific evidence.”

 Journey of DNA Evidence in Legal Arena: An Insight on Its Legal Perspective Worldwide
and Highlight on Admissibility in India- This Article intends to make forensic
experts/odontologists aware about the admissibility of DNA evidence in court, with a highlight
on the laws related to the admissibility of evidence worldwide, having a special focus on the laws
related to admissibility of evidence in Indian judicial system 4. Thus, a proper legal outlook is
required while dealing with this kind of scientific evidence
 Human DNA Profiling – A draft Bill for the Use and Regulation of DNA-Based Technology-
Discovery of DNA is considered as one of the most significant biological discoveries during the
20th century owing to its tremendous impact on science and medicine. Of late, it is acting as a
very useful tool of forensic science that not only provides guidance in criminal investigation and

4
https://www.semanticscholar.org/paper/Journey-of-DNA-Evidence-in-Legal-Arena%3A-An-Insight-Gupta-
Gupta/6f66b7dd38953287df5089db9ff02a48c6c3bfd3 accessed on 10 feb 2021
 civil disputes, but also supplies the courts with accurate information about all the relevant
features of identification of criminals. The Draft Bill was forwarded to the Law Commission of
India in September 2016 for its guidance. The draft Bill was thoroughly examined in the light of a
plethora of judicial pronouncements and the constitutional provisions 5.
 Evidential Value of DNA: A Judicial Approach by Himanshu Pandey and Anhita Tiwari- In
matters of disputed paternity, the legitimacy or illegitimacy of the child cannot be determined
solely by Section 112 of the Indian Evidence Act, 1872. They have described that DNA
technology can conclusively establish the truth in such disputes and therefore should be resorted
to without any hesitation. It is to be borne in mind that when Section 112 was being drafted even
the discovery of DNA was not contemplated and therefore this section should be amended. Aticle
poses this question.6
 Dna Testing Is the Most Effective Procedure to Solve Crimes- There are several different
techniques to solve crimes. Fingerprinting has been used as an investigative tool to help law
enforcement find suspects. By using the fingerprints obtained at a crime scene, investigators can
try to find a match within the fingerprint database7. Author in this want to covey that since
fingerprints are truly unique, there are better technological advances that will aid law
enforcements and forensic scientists confirm a suspect was at the crime scene. DNA technology,
which is also being called the chemical fingerprint, is still currently evolving and is becoming
more efficient for both law enforcement agencies and forensic scientists.
 Impact of DNA profiling ion criminal justice of India- this study will attempt to
determine the impact of DNA Profiling on criminal justice system. The use of DNA profiling to
solve an English Murder case in 1986 precipitated a world wide demand of this. So author want
to discuss in this article the impact on conviction rate after incorporating it into the crimainal
administration8

BIBLIOGRAPHY

5
https://lawcommissionofindia.nic.in/reports/Report271.pdf accessed on 10 feb 2021
6
http://docs.manupatra.in/newsline/articles/Upload/BF936E7D-4211-4AE4-9BD7-3D721A8E424C.pdf
7
https://epublications.regis.edu/cgi/viewcontent.cgi?article=1226&context=theses#:~:text=The%20use%20of
%20deoxyribonucleic%20acid,processes%20to%20investigate%20violent%20crimes. accessed on 10 feb 2021
8
http://docs.manupatra.in/newsline/articles/Upload/BF936E7D-4211-4AE4-9BD7-3D721A8E424C.pdf accessed on
10 feb 2021
 https://www.jfsmonline.com/temp/JForensicSciMed22102-2222173_061021.pdf
 http://www.delhihighcourt.nic.in/library/articles/dna/Impact%20of%20DNA%20profiling%20ion
%20criminal%20justice%20of%20India.pdf
 https://lawcommissionofindia.nic.in/reports/Report271.pdf
 http://docs.manupatra.in/newsline/articles/Upload/BF936E7D-4211-4AE4-9BD7-
3D721A8E424C.pdf