DNA TECHNIQUES AND LAW IN INDIA

SUBMITTED BY: MANJEET KUMAR

ROLL NUMBER: 18106
GROUP NUMBER: 10
SUBMITTED TO: DR. SACHIN SHARMA
ASSISTANT PROFESSOR OF LAW
INTRODUCTION
 Practices and principles that served in the past, must give way
to innovative and creative methods.

 Emerging new types of crimes and their level of sophistication,

the traditional methods and tools have become outdated.

 DNA is increasingly becoming vital to ensure accuracy and

fairness in the Criminal Justice System

 DNA testing is also used in resolving various civil disputes

including parentage, immigration, and fraudulent sale of plant
and animal products.
 DNA AND RIGHT TO PRIVACY
 This is a cherished constitutional value and it
is important that human beings be allowed
domains of freedom that are free of public
scrutiny.
 Article 20 and Article 21 of the Constitution.
 KS Puttaswamy v Union of India, 2017 10 scc 1.
 Selvi vs State of Karnataka, 2010 7 SCC 263.
 Amarjit Kaur v. Har Bhajan Singh, 2003 10 scc
228.
 Goutam Kundu v. State of W.B, 1993 3 scc 418.
JUDICIAL BACKGROUNDS AND DEVELOPMENT

 The Constitution under Article 51A(h) and (j) casts

a duty on every citizen of India.

 Section 45 in The Indian Evidence Act.

 Pattu Rajan vs State of Tamil Nadu, 2019 4 SCC 771

 Section 53A of the Criminal Procedure Code.

 Krishana Kumar Malik vs State of Haryana, 2011 7
SCC 130.

 Section-164 A of Criminal Procedure Code.

 Selvi vs. State of Karnataka, 2004 CrLJ 2992.
 THE LAW COMMISSION REPORT ON DNA
 The Human DNA Profiling Bill, 2016.
- Bill proposed to form a National DNA Data Bank and a DNA Profiling Board.
- The National DNA Data Bank, was supposed to collect data from offenders, suspects,
missing persons, unidentified dead bodies and volunteers.
 The A. P. Shah Committee Report.
- DNA data should be made to release an annual report, detailing their practices and
organisational structure.
 Malimath Committee Report
- The Committee recommended that DNA experts should be included in
the list of experts under clause (g) of section 293(4).
INTERNATIONAL VIEW ON DNA EVIDENCE
 United States of America
- Maryland v. King, 133 S. Ct. 1958 (2013)

 Canada
- Canada passed DNA Identification Act on June 30th, 2000.
- A National Forensic Science Commission established to make
recommendations.

 United Kingdom
- DNA profiling was first used in a criminal case in England in 1986.
CONCLUSION
 DNA Profiling, an accurate and well established
scientific technique.
 It must be added as a substantive piece of evidence
for family law matters.
 DNA can reveal sensitive information that can be
used to criminalize a community or caste.
 Human error involving a lack of training, sloppy
work and cross-contamination, among other
issues, can interfere with the reliability of DNA
evidence.