Dna Evidence In Bsa
π 1. Introduction to DNA Evidence
DNA (Deoxyribonucleic Acid) is the genetic material unique to every individual (except identical twins). It is widely used in forensic science to:
Identify suspects or victims in criminal cases,
Establish paternity/maternity,
Exonerate the innocent.
In criminal law, DNA evidence is most commonly used in:
Sexual assault and rape cases,
Homicides,
Paternity disputes,
Identification of decomposed bodies,
Terrorism cases.
π§Ύ 2. Statutory Basis under Bharatiya Sakshya Adhiniyam (BSA), 2023
β³οΈ Relevant Provisions:
Section 61: Deals with admissibility of scientific and forensic evidence, including DNA.
Section 63: Talks about the opinion of experts, including forensic experts.
Section 65: Allows expert evidence (including DNA reports) to be admissible as secondary evidence.
Section 67: Requires that evidence be reliable and relevant, including scientific accuracy.
π Under the BSA, DNA reports are admissible, provided they are:
Collected following due procedure,
Analyzed by accredited forensic labs,
Presented by qualified forensic experts.
βοΈ 3. Landmark Case Laws on DNA Evidence
Letβs now look at six important cases where courts have ruled on the admissibility and reliability of DNA evidence.
π§ββοΈ Case 1: Santosh Kumar Singh v. State through CBI, (2010) 9 SCC 747
Facts:
The accused, a law student, was charged with the rape and murder of Priyadarshini Mattoo. The initial DNA evidence was inconclusive but later enhanced testing confirmed the presence of the accusedβs DNA.
Held:
The Supreme Court convicted the accused and relied heavily on the DNA test, stating that it is "the most reliable and scientific evidence" when properly collected.
Significance:
Established that DNA evidence can override circumstantial gaps if scientifically reliable.
π§ββοΈ Case 2: State of Himachal Pradesh v. Rajiv Jassi, (2015) 9 SCC 368
Facts:
The case involved rape and murder. DNA collected from semen and hair samples matched the accused.
Held:
The Court upheld conviction based on DNA evidence, ruling that when DNA analysis is accurate and uncontested, it is conclusive proof of involvement.
Significance:
Reinforced the principle that DNA evidence alone can form the basis of conviction, if uncontested and properly analyzed.
π§ββοΈ Case 3: Krishna Janardhan Bhat v. Dattatraya G. Hegde, AIR 2008 SC 1325
Facts:
While not a criminal case, it involved a dispute over the genuineness of documents and signatures. The judgment, however, made important observations about expert evidence.
Held:
The Court held that expert opinion (like handwriting or DNA) must be supported by other evidence, and courts are not bound to accept expert opinion blindly.
Significance:
Applied in criminal cases to show that DNA must be corroborated unless it is very strong.
π§ββοΈ Case 4: Narayan Dutt Tiwari Paternity Case, Delhi High Court, 2012
Facts:
A civil suit was filed to prove that veteran politician N.D. Tiwari was the biological father of the petitioner. Tiwari refused to undergo a DNA test.
Held:
The Delhi High Court directed the DNA test, holding that refusal to undergo a DNA test in civil matters can lead to an adverse inference under Section 114 (now covered under BSA's general principles).
Significance:
This case showed that courts can compel DNA testing in both civil and criminal contexts, and refusal can go against the party.
π§ββοΈ Case 5: Banarsi Dass v. Teeku Dutta, (2005) 4 SCC 449
Facts:
A paternity dispute where the father refused to undergo a DNA test.
Held:
The Supreme Court held that while no one can be forcibly subjected to DNA testing, the court can draw adverse inferences if a person refuses to comply in a case where identity or relationship is disputed.
Significance:
Paved the way for wider application of DNA testing in family and criminal law, especially when biological relationships are in question.
π§ββοΈ Case 6: Ravindra v. State of Maharashtra, (Criminal Appeal No. 1489/2007)
Facts:
Accused in a rape and murder case was convicted based primarily on DNA match between semen samples and accused.
Held:
Bombay High Court upheld the conviction stating that the chain of custody of DNA samples was unbroken, and the lab report was from a government-approved lab.
Significance:
Reiterated the importance of proper sample collection, chain of custody, and lab credibility in DNA cases.
π 4. Conditions for Admissibility of DNA Evidence under BSA
For DNA evidence to be admissible and reliable, the following must be ensured:
| Requirement | Description |
|---|---|
| Proper collection | Must follow forensic protocols and legal procedures |
| Chain of custody | Samples must be tracked at every stage to avoid tampering |
| Accredited lab analysis | Must be analyzed by a certified forensic science lab |
| Expert testimony | Expert must appear or report must be clear and complete |
| Consent or Court Order | In civil matters, DNA tests may need consent or direction |
π§ 5. Challenges and Concerns
Consent issues in civil and criminal matters,
Possibility of sample contamination or tampering,
Privacy and dignity concerns, especially in paternity/rape cases,
Dependence on lab infrastructure, which varies across states.
β 6. Conclusion
DNA evidence under the Bharatiya Sakshya Adhiniyam, 2023 is legally admissible and holds strong evidentiary value, particularly when:
It is collected and handled properly,
Analyzed by accredited experts,
Presented with supporting facts or circumstances.
Courts in India increasingly recognize DNA evidence as highly reliable and often conclusive, provided all procedural safeguards are met.
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