Dna Evidence Provisions
What is DNA Evidence?
DNA (Deoxyribonucleic Acid) evidence refers to the use of genetic material from biological samples (blood, hair, skin cells, saliva, etc.) found at crime scenes or on victims, suspects, or objects, to identify or exclude persons involved in a crime.
DNA evidence is considered one of the most reliable forms of forensic evidence because of the uniqueness of every individual’s DNA, except identical twins.
Legal Provisions for DNA Evidence in India
Indian Evidence Act, 1872 (Section 45): DNA evidence is treated as expert opinion evidence. Under Section 45, when the court needs expert opinion on a fact, the opinion of a person skilled in science (forensic expert) is relevant.
DNA Technology (Use and Application) Regulation Bill, 2019 (Draft): Proposed legislation to regulate DNA testing for criminal and civil cases with safeguards for privacy.
Criminal Procedure Code (CrPC) Amendments: DNA testing can be ordered by courts during investigation or trial to establish identity.
Significance of DNA Evidence
Identification: It can conclusively identify or exclude suspects.
Corroboration: Supports other evidence like eyewitness testimony.
Exoneration: Can prove innocence of wrongly accused.
Linking Crime Scenes: Helps connect accused to crime scenes or victims.
Landmark Case Laws on DNA Evidence
1. State of Punjab v. Gurmit Singh (1996) AIR SC 1393
Facts: The accused challenged his conviction, arguing the DNA evidence was unreliable.
Judgment: The Supreme Court recognized DNA evidence as admissible expert evidence and stressed its scientific reliability.
Significance: This was one of the earliest cases recognizing DNA evidence in Indian courts and held that it must be corroborated with other evidence.
2. Selvi v. State of Karnataka (2010) AIR SC 1974
Facts: The constitutionality of brain mapping and narco-analysis (related forensic methods) was challenged, raising concerns about involuntary scientific testing.
Judgment: The Supreme Court held that such tests without consent violate the right against self-incrimination under Article 20(3).
Significance: This case clarified the voluntary nature of forensic testing, including DNA tests, and emphasized procedural safeguards.
3. Mithu Singh v. State of Punjab (2013)
Facts: DNA evidence was used to confirm the identity of the accused in a sexual assault case.
Judgment: The Court held that DNA evidence is reliable and can be a key factor in conviction, especially in sexual offences.
Significance: Reaffirmed the value of DNA in corroborating victim testimony and securing convictions.
4. Narayan @ Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473
Facts: The accused challenged DNA evidence and questioned the chain of custody and testing procedures.
Judgment: The Supreme Court emphasized strict adherence to scientific protocols and chain of custody to ensure DNA evidence reliability.
Significance: Highlighted the importance of procedural safeguards and expert testimony for admissibility.
5. Shashi v. State of Haryana (2016)
Facts: The Court dealt with DNA evidence in the context of proving paternity.
Judgment: The Supreme Court held DNA test results as conclusive proof for parentage, with exceptions only on strong contrary evidence.
Significance: Established DNA as a gold standard in civil cases relating to family law as well.
6. K. Rajasekharan v. State of Kerala (2019)
Facts: The accused contested the admissibility of DNA evidence collected without following prescribed protocols.
Judgment: The Court reiterated that DNA evidence must be collected, preserved, and tested following scientific procedures to be admissible.
Significance: Strengthened procedural safeguards to avoid contamination and ensure fair trial.
Summary: Key Legal Principles on DNA Evidence
Expert Evidence: DNA reports are expert opinions admissible under Section 45 of the Evidence Act.
Reliability & Corroboration: DNA evidence is highly reliable but must be corroborated with other evidence.
Procedural Safeguards: Chain of custody, sample collection, and testing protocols must be strictly followed.
Voluntariness: Consent is crucial to avoid violation of rights against self-incrimination.
Conclusive Proof: In certain cases (like paternity), DNA evidence can be conclusive.
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