Dna profiling and criminal justice system

Introduction

DNA Profiling and Criminal Justice System refers to the application of deoxyribonucleic acid (DNA) analysis in criminal investigations, identification of suspects, examination of biological evidence and administration of criminal justice. DNA profiling is a scientific technique used to identify individuals by examining specific regions of their genetic material. Since most individuals have distinct DNA profiles, except identical twins, this technology has become an important tool in forensic investigations.

DNA profiling can assist law enforcement agencies in identifying suspects, connecting individuals with crime scenes, identifying missing persons and establishing the identity of unidentified deceased individuals. It can also help exonerate innocent persons who have been wrongly accused or convicted.

In India, DNA evidence is increasingly relevant in criminal investigations involving sexual offences, murder, kidnapping, unidentified bodies and other serious crimes. However, its use raises important legal and ethical questions concerning privacy, consent, evidentiary reliability, wrongful identification, sample contamination and protection against arbitrary collection of genetic information.

Therefore, an effective legal framework must balance scientific investigation with constitutional rights, procedural fairness and protection of individual liberty.

Meaning and scientific basis of DNA profiling

DNA profiling is a forensic identification technique that examines specific genetic regions to distinguish individuals.

The technique generally involves analysing short tandem repeats (STRs), which are repeated sequences of DNA found at particular locations in the human genome.

A DNA profile obtained from biological material can be compared with a reference sample to determine whether the profiles are consistent with originating from the same individual.

Common biological samples used in forensic investigations include:

Blood samples.

Saliva.

Hair containing suitable biological material.

Semen samples.

Skin cells.

Bone and teeth.

Other biological tissues.

DNA profiling does not automatically establish that a person committed a crime. It establishes a scientific association between a biological sample and an individual. The circumstances in which the material was deposited must also be examined.

Legal framework governing DNA profiling in India

1. Bharatiya Sakshya Adhiniyam, 2023

The Bharatiya Sakshya Adhiniyam, 2023, governs the admissibility and evaluation of evidence in Indian judicial proceedings.

Section 39 recognises expert opinions on matters requiring specialised knowledge, including science.

DNA experts may provide opinions concerning genetic comparisons, laboratory procedures and the scientific significance of forensic findings.

The Act also recognises electronic and digital records as evidence, subject to applicable statutory requirements.

2. Bharatiya Nagarik Suraksha Sanhita, 2023

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), establishes procedures concerning criminal investigation and the collection of evidence.

Section 51 provides for medical examination of an accused person at the request of a police officer where the statutory conditions are satisfied.

Section 52 addresses the medical examination of a person accused of rape.

Section 184 provides for medical examination of a victim of rape.

These provisions are relevant to the collection and examination of biological evidence during criminal investigations.

3. Criminal Procedure (Identification) Act, 2022

The Criminal Procedure (Identification) Act, 2022, provides a legal framework for collecting and preserving specified measurements of persons covered by the Act.

Its definition of measurements includes certain biological samples and their analysis, subject to the applicable statutory provisions.

The Act also establishes arrangements for the collection, preservation, retention and destruction of specified records.

4. Constitution of India

DNA profiling must comply with constitutional protections.

Article 14: Protects individuals against arbitrary and discriminatory state action.

Article 20(3): Protects an accused person against compelled self-incrimination.

Article 21: Protects life and personal liberty, including privacy and bodily autonomy.

Article 22: Provides constitutional safeguards concerning arrest and detention.

These constitutional provisions are important when authorities seek to collect or use biological samples during criminal investigations.

5. Indian Penal Code and Bharatiya Nyaya Sanhita, 2023

The Bharatiya Nyaya Sanhita, 2023, provides the substantive criminal law framework.

DNA evidence may assist investigations and prosecutions involving offences such as murder, sexual offences, kidnapping and other crimes involving biological evidence.

Role of DNA profiling in the criminal justice system

1. Identification of suspects

DNA evidence collected during an investigation may be compared with reference samples to determine whether a biological specimen is consistent with a particular individual.

Such evidence may support an investigation but must be evaluated alongside other evidence.

2. Investigation of sexual offences

DNA profiling can assist in identifying biological material relevant to sexual offence investigations.

It may help establish the presence of biological evidence and its possible association with a suspect or another individual.

However, DNA evidence alone does not necessarily establish consent, the circumstances of an incident or the commission of an offence.

3. Identification of unidentified deceased persons

DNA profiling is useful in identifying unidentified bodies, disaster victims and missing persons.

Reference samples from biological relatives may help establish identity through genetic comparison.

4. Exoneration of innocent individuals

DNA testing may reveal that biological evidence does not match the person accused or convicted of an offence.

This can assist courts in examining wrongful convictions and reconsidering the reliability of earlier findings.

5. Investigation of multiple crimes

Where biological evidence from different crime scenes produces consistent DNA profiles, investigators may examine whether the incidents are connected.

Such comparisons must follow applicable legal procedures and reliable forensic standards.

Legal admissibility and reliability of DNA evidence

DNA evidence must satisfy important scientific and legal requirements before it can be relied upon in criminal proceedings.

1. Scientific validity

The laboratory must use scientifically accepted methods and appropriate testing procedures.

2. Chain of custody

The collection, transportation, storage and examination of biological samples must be properly documented.

3. Laboratory competence

Forensic laboratories should maintain qualified personnel, validated procedures and appropriate quality-control mechanisms.

4. Expert testimony

The forensic expert should explain the testing methodology, results, limitations and statistical significance of the findings.

5. Independent evaluation

Courts should examine DNA evidence alongside other relevant evidence rather than treating a laboratory report as automatically conclusive.

Important judicial decisions and case laws

Indian courts have developed significant jurisprudence concerning DNA profiling, medical examination, privacy and the evidentiary value of scientific testing.

1. Mukesh v. State (NCT of Delhi) (2017)

This case arose from the 2012 Delhi gang rape and murder case.

The Supreme Court examined extensive forensic evidence, including DNA analysis, medical evidence and other scientific material presented during the criminal proceedings.

The Court considered the forensic evidence along with the broader circumstances of the case.

Legal significance: The judgment demonstrates the importance of DNA profiling in serious criminal investigations. It also illustrates that forensic findings must be assessed together with the complete evidentiary record.

2. Selvi v. State of Karnataka (2010)

The Supreme Court examined the constitutional validity of involuntary narcoanalysis, polygraph examinations and brain electrical activation profile tests.

The Court held that involuntary administration of these techniques violated constitutional protections, including Article 20(3) and Article 21, in the circumstances considered.

Legal significance: The judgment establishes important safeguards concerning bodily autonomy, mental privacy and protection against compelled self-incrimination. These principles are relevant when evaluating the legality of compulsory forensic procedures.

3. Sharda v. Dharmpal (2003)

The Supreme Court examined whether a civil court could direct a medical examination of a party in appropriate circumstances.

The Court recognised that courts possess powers to order medical examinations where relevant and legally justified.

Legal significance: Scientific examinations may be ordered when necessary for determining disputed issues, but such directions must be based on judicial reasoning and applicable legal safeguards.

4. Bhabani Prasad Jena v. Convenor Secretary, Orissa State Commission for Women (2010)

The Supreme Court considered the circumstances in which DNA testing may be ordered in disputes concerning paternity.

The Court held that DNA testing should not be ordered routinely and must be justified by a careful assessment of the interests involved.

Legal significance: The decision establishes that scientific testing must be balanced against privacy, dignity and the rights of individuals. This reasoning is relevant to the judicial control of compulsory genetic examinations.

5. Pattu Rajan v. State of Tamil Nadu (2019)

The Supreme Court examined the evidentiary value of DNA profiling and the role of expert scientific evidence in criminal proceedings.

The Court recognised that DNA evidence can provide valuable assistance but must be evaluated in the context of the entire case.

Legal significance: DNA evidence is an important evidentiary tool, but it is not automatically conclusive. Courts must consider scientific reliability, expert testimony and surrounding circumstances.

6. Ashok Kumar v. Raj Gupta (2022)

The Supreme Court examined the use of DNA testing in a dispute involving the determination of biological relationships.

The judgment discussed the need to balance the evidentiary value of DNA testing with privacy, dignity and other legal interests.

Legal significance: Genetic testing should be directed only where justified by the circumstances and where its evidentiary necessity outweighs competing legal concerns.

DNA profiling and constitutional rights

The use of DNA profiling raises important constitutional questions.

1. Right to privacy

In Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), the Supreme Court recognised privacy as a fundamental right.

Genetic information is particularly sensitive because it may reveal information about an individual's biological relationships and inherited characteristics.

Therefore, collection, storage and use of DNA information must comply with applicable legal safeguards.

2. Protection against self-incrimination

Article 20(3) protects an accused person from being compelled to be a witness against themselves.

In State of Bombay v. Kathi Kalu Oghad (1961), the Supreme Court distinguished between testimonial compulsion and the collection of physical evidence.

The distinction is relevant to forensic DNA collection, although the legality of a particular procedure must be assessed under the applicable statutory and constitutional framework.

3. Bodily autonomy

Compulsory collection of biological samples must have an appropriate legal basis and comply with procedural safeguards.

Authorities cannot assume that every form of genetic testing is automatically permissible merely because it may assist an investigation.

Ethical and legal challenges

Despite its importance, DNA profiling creates several challenges for the criminal justice system.

1. Privacy violations: Genetic information may expose highly personal details about individuals and their biological relatives.

2. Sample contamination: Improper handling may affect the reliability of forensic findings.

3. Laboratory errors: Inadequate quality control may result in inaccurate reports.

4. Misinterpretation of statistical evidence: DNA match probabilities may be misunderstood as direct proof of guilt.

5. Data retention: Indefinite retention of genetic information may create privacy and misuse concerns.

6. Discrimination: Improper use of genetic information may lead to unfair treatment of individuals or communities.

7. Lack of forensic infrastructure: Limited laboratory facilities and delays in forensic examination can affect criminal investigations.

International legal frameworks

Several international instruments provide guidance concerning forensic DNA profiling and genetic privacy.

UNESCO Universal Declaration on the Human Genome and Human Rights, 1997: Recognises human dignity and fundamental rights in relation to genetic information.

UNESCO International Declaration on Human Genetic Data, 2003: Establishes principles concerning the collection, processing, storage and use of human genetic data.

European Convention on Human Rights: Article 8 protects private and family life and is relevant to the collection and retention of DNA information.

Council of Europe Recommendation No. R (92) 1: Addresses the use of DNA analysis within the framework of criminal justice.

INTERPOL DNA Gateway: Supports international cooperation in forensic DNA information exchange, subject to applicable national laws and safeguards.

Challenges and recommendations for India

India requires a strong forensic governance framework to ensure that DNA profiling remains scientifically reliable and constitutionally compliant.

Important measures include:

Strengthening accredited forensic laboratories.

Establishing standardised sample collection and preservation procedures.

Maintaining complete chain-of-custody documentation.

Ensuring independent review of disputed forensic reports.

Establishing appropriate rules for DNA data retention and destruction.

Protecting genetic information against unauthorised access.

Providing specialised training to investigators, prosecutors and judges.

Ensuring that DNA evidence is not treated as automatic proof of criminal guilt.

A balanced regulatory approach can improve criminal investigations while protecting individual liberty and privacy.

Conclusion

DNA Profiling and Criminal Justice System represent an important intersection of forensic science, criminal law, constitutional rights and biotechnology governance. DNA profiling assists in identifying suspects, examining biological evidence, identifying deceased persons and preventing wrongful convictions.

In India, the Bharatiya Sakshya Adhiniyam, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, Criminal Procedure (Identification) Act, 2022 and constitutional protections provide important legal foundations for the use of forensic DNA evidence.

Judicial decisions such as Mukesh v. State (NCT of Delhi), Selvi v. State of Karnataka, Bhabani Prasad Jena v. Convenor Secretary and Pattu Rajan v. State of Tamil Nadu establish important principles concerning scientific evidence, privacy, bodily autonomy and evidentiary reliability.

Ultimately, DNA profiling must be used as a scientific aid rather than an unquestionable determination of guilt. Its responsible application requires accurate laboratory procedures, independent expert evaluation, constitutional safeguards and transparent forensic governance.