University of Lucknow

‘SYNOPSIS’

Submitted in fulfillment of the requirement for

Submitting the dissertation for the degree of
Master of law

On the Topic
“DNA Technology and Criminal Justice System”

Under the supervision of: Submitted by:

Dr. Richa Saxena Karishma Verma
Assistant Professor
Dept. of Law Semester- IV
University of Lucknow LL. M.
INTRODUCTION & STATEMENT OF PROBLEM

Today, crime is being committed in more sophisticated methods and in an organized manner. In
addition, new types of crime are continuously taking place. To efficiently handle with such
situations, investigative authorities also rely on systematized and scientific investigative
methods. DNA technology is one of the investigative tools in recent times. Before 1980’s, DNA
was used for scientific research and scientific purpose only. Now, it has gained a prominent role
in forensic science. Forensic science, as a scientific method, working within the constraint of the
legal system, affords guidelines to civil and criminal investigations besides giving accurate
information about all the attending features of identification of criminals. The origin of DNA
technology improves the status of forensic science from passive to active key player in the
administration of justice.

DNA or Deoxyribonucleic acid is a genetic blueprint of every human being. The chemical
component of DNA in the cells of each individual is unique. This is the sole determining factor
to identify one separately from another except the genetically identical twins. The innovation of
the said science can be used to identify criminals with an incredible accuracy when biological
evidence is recovered at the crime scene. At the same time it can also be used to exonerate
persons mistakenly accused or convicted of crimes.

Like that, the application of DNA technology ensures fairness in the criminal justice system. In
fact, the usefulness of DNA technology has played an important role in the investigation of
crime. Some of the uses are: (a) Identification of convicts in sexual assault cases, (b)
Identification of convicts in murder cases, (c) Identification of paternity and maternity of the
child, (d) Identification of mutilated remains, (e) General identification of criminals, and (f)
Immigration purposes.

Thus DNA technology is of immense use under the criminal justice system and it is being
effectively used all over the world. In the criminal investigation, DNA is mainly used to link the
criminal with a crime. And moreover, DNA is considered to be a powerful weapon against a
crime because of its objectivity, scientific accuracy, infallibility, and impartial character.
At the same time, the DNA technology can also be used for the prevention of future crime. For
example, assume that a person is convicted for rape. At the time of his conviction, the accused is
required to provide a sample of his DNA, and the resulting DNA profile is entered into a DNA
database. After several years, again another rape is committed by the same person. The medical
examiner collects the biological evidence from the rape victim and the evidence is tested. The
resulting profile is compared with the DNA database which has already been stored. Suppose it
is matched with the earlier profile, then the accused will be arrested, tried, and sentenced for his
second crime.

In any legal system, the introduction of new scientific technology has created serious challenge
to legal and fundamental rights of an individual such as Right to Privacy and Right against self-
incrimination. And this is the most significant reason why courts sometimes are hesitant in
accepting the evidence based on scientific method. In such a situation, the judiciary has to
balance science and law as well as to balance the societal interest and an individual’s interest. In
India, the DNA is considered to be one of the circumstantial evidences.

REVIEW OF LITERATURE

 BOOKS

 Chatterjee, Ishita, “Techno-Legal Aspects of Scientific Evidence”, Central Law

Publications, Allahabad, 1st Edition, 2012.
 DNA Technology in Administration of Justice By Dr. Jyotirmoy Adhikary. Lexis Nexis
(Butterworths). New Delhi: 2007
 Dr. B. R. Sharma, Forensic Science and Criminal Investigation and Trials, Universal Law
Publishing Co., 4th Edition, 2003.
 Dr. Subodh K. Singh, “Application of DNA profiling in the administration of criminal
justice”, MLJ Cri. L. J, 2011.
 James, Stuart; Bell, Suzanne “Forensic Science: An introduction to Scientific and
investigative techniques” CRC Press, Taylor and Francis Group, Fourth Edition, 2014
 Monir, M “The Law of Evidence” Universal Law Publishing Co., New Delhi, 2014
  STATUTES
 The Code of Criminal Procedure, 1973

 The Constitution of India, 1950

 The Identification of Prisoner’s Act, 1920

 The Indian Evidence Act, 1872

 The Indian Penal Code, 1860

 ARTICLES

 Chakraborty, Manisha “Applicability of Forensic Science in Criminal Justice System in

India”
 Dr. Belu Gupta Arora. (2021), “Effectiveness of DNA Profiling with special reference to DNA
Technology ( Use and Application ) Regulation Bill, 2019”, International Journal of Economic
Perspectives,15(1),414-430. Retrieved from https://ijeponline.org/index.php/journal
 Setia, Himanshu, “Evidentiary Value of Forensic Reports in Indian Courts”

WEB RESOURCES

 http://www.scconline.com
 https://indianexpress.com/article/india/dna-bill-parliament-7173639/
 https://www.thehindu.com/news/national/all-about-the-dna-technology-regulation-bill/
article32682481.ece
 http://www.forensicsciencesimplified.org/legal/daubert.html
 http://nujslawreview.org/wp-content/uploads/2016/12/book-review-dna-technology-in-
administration-of-justice-by-dr-jyotirmoy-adhikary.pdf
RESEARCH OBJECTIVES

The objectives of this research are as following:

1. To examine the development of DNA technology and its applications not only in crime
prevention but also in identification of criminals as well as exclusion of innocent
suspects.
2. To study the constitutional validity for conducting DNA test in criminal cases under
Article 21 and Article 20(3) of the Indian Constitution.
3. To critically evaluate the role of Judiciary for admitting DNA technology in criminal
cases in India.
4. To suggest remedial measures to effectuate the use of DNA technology in India.

HYPOTHESIS

The role of DNA Technology in the criminal justice system and its admissibility is the matter of
great importance and concern. DNA is widely applied in many cases. When it comes to
identification purpose, it is commonly applied for paternity identification and criminal
identification because of its accuracy. DNA is a potential means because each person‘s DNA is
different from others except identical twins. Because of that uniqueness, the investigative
machinery relies on this DNA evidence for identification of criminals. Therefore, the hypothesis
can be forwarded with the observation that DNA technology can play very significant role in the
criminal justice system.

RESEARCH METHODOLOGY

The researcher will be using the doctrinal and qualitative method throughout this research. Under
this research, the researcher will use both types of sources like primary sources as statutes and
secondary sources as articles, books, websites, reports etc.
MODE OF CITATION
The researcher will use the OSCOLA form of Citation throughout the research.

TENATATIVE CHAPTERISATION

 Chapter 1: Introduction

 Chapter-2: DNA Technology

 Chapter-3: Applications of DNA Technology in criminal justice system

 Chapter-4: Admissibility of DNA Technology in Criminal Justice System

 Chapter-5: The Relevant Statutes and Constitutional Law on DNA in India

 Chapter-6: Judicial Attitude towards Evidentiary Value of DNA

 Chapter-7: Recent Legal Development with special reference to DNA Technology (Use

and Application) Regulation Bill, 2019

 Chapter-8: International regime on DNA Technology

 Chapter-9: Conclusion and Suggestion

 Chapter-10: Bibliography