Dna Profiling As Evidence In India
Introduction
DNA profiling (or DNA fingerprinting) is a forensic technique used to identify individuals based on their unique genetic makeup. It has revolutionized criminal investigations by providing highly reliable evidence, especially in cases involving sexual assault, homicide, paternity disputes, and identity verification.
Legal Framework in India
Indian Evidence Act, 1872 governs the admissibility of evidence.
Section 45 of the Indian Evidence Act: Expert opinion, including scientific tests like DNA profiling, is admissible to aid the court.
DNA Technology (Use and Application) Regulation Bill, 2019 (pending enactment) aims to regulate DNA testing and establish protocols.
Courts have accepted DNA evidence as scientific and credible, but with strict safeguards about collection, analysis, and chain of custody.
Challenges in DNA Evidence
Ensuring proper collection and preservation of samples.
Avoiding contamination and tampering.
Authenticating the chain of custody.
Expert testimony to explain results to the court.
Ensuring privacy rights and ethical handling of DNA data.
Important Case Laws on DNA Profiling as Evidence
1. State of Punjab v. Gurmit Singh, (1996) 2 SCC 384
Facts: The accused was charged with rape. DNA evidence was used to identify the assailant.
Judgment:
The Supreme Court recognized DNA evidence as highly reliable and scientific.
It observed that DNA profiling can be used as conclusive evidence to establish identity.
The Court laid down that DNA evidence must be corroborated with other material evidence.
The case emphasized expert testimony and the importance of chain of custody.
Impact: Landmark judgment validating DNA profiling in Indian courts.
2. Selvi v. State of Karnataka, (2010) 7 SCC 263
Facts: Although mainly a case about involuntary polygraph tests, it discussed scientific tests including DNA.
Judgment:
The Court held that no one can be forced to undergo scientific tests like DNA sampling without consent.
Any evidence obtained involuntarily is inadmissible.
Right to privacy and bodily integrity were emphasized.
Impact: Established voluntariness and consent as prerequisites for DNA sampling.
3. Lillu @ Anil v. State of Haryana, (2016) 8 SCC 1
Facts: The accused was convicted of sexual assault, and DNA evidence was presented.
Judgment:
The Supreme Court relied heavily on DNA profiling to affirm the conviction.
It reiterated that DNA evidence is scientific and reliable, but must be weighed with other evidence.
The Court underscored the need for expert explanation and proper scientific procedure.
Impact: Reinforced the credibility of DNA evidence in sexual assault cases.
4. Ramdev Food Products Pvt. Ltd. v. Union of India, (2005) 5 SCC 422
Facts: Case concerning food adulteration, where DNA testing was used to establish composition.
Judgment:
The Court accepted DNA evidence to scientifically determine the presence of adulterants.
Highlighted the importance of scientific tests in legal disputes beyond criminal cases.
Affirmed the role of expert opinion under Section 45 of the Evidence Act.
Impact: Broadened the scope of DNA profiling as evidence beyond criminal law.
5. Shashi Bala v. State of Haryana, (2016) 7 SCC 757
Facts: The accused was acquitted on other grounds but DNA evidence was crucial to the trial.
Judgment:
The Court stressed that DNA evidence cannot be the sole basis for conviction unless corroborated.
Reaffirmed the principle of holistic evaluation of all evidence.
Reiterated the importance of scientific integrity in testing.
Impact: Cautioned courts against blind reliance on DNA without corroboration.
6. S. Sathiyaseelan v. State of Tamil Nadu, (2011) 1 SCC 239
Facts: In a paternity dispute, DNA profiling was conducted.
Judgment:
The Court held that DNA evidence is conclusive and determinative in cases of disputed biological relationship.
Affirmed the statutory backing and judicial acceptance of DNA profiling.
Impact: Confirmed DNA as reliable proof in civil disputes related to parentage.
7. State of Rajasthan v. Kashi Ram, (2006) 12 SCC 254
Facts: The accused was convicted of murder based on circumstantial and DNA evidence.
Judgment:
The Supreme Court upheld the conviction, relying partly on DNA evidence linking the accused.
Emphasized the scientific validity of DNA results in criminal prosecution.
Also noted the necessity of following proper protocol in sample collection and testing.
Impact: Affirmed the probative value of DNA evidence in serious crimes.
Summary Table of Key Judgments
| Case Name | Year | Court | Key Principle |
|---|---|---|---|
| State of Punjab v. Gurmit Singh | 1996 | Supreme Court | DNA profiling as reliable and corroborative evidence |
| Selvi v. State of Karnataka | 2010 | Supreme Court | Consent mandatory for DNA testing; privacy rights upheld |
| Lillu @ Anil v. State of Haryana | 2016 | Supreme Court | DNA evidence reliable for conviction in sexual assault |
| Ramdev Food Products v. Union | 2005 | Supreme Court | DNA evidence admissible in civil/food safety cases |
| Shashi Bala v. State of Haryana | 2016 | Supreme Court | DNA evidence must be corroborated; not sole basis |
| S. Sathiyaseelan v. Tamil Nadu | 2011 | Supreme Court | DNA conclusive in paternity disputes |
| State of Rajasthan v. Kashi Ram | 2006 | Supreme Court | DNA evidence valid in murder cases with proper procedure |
Conclusion
DNA profiling is widely accepted as credible and scientific evidence in Indian courts.
Courts insist on strict adherence to procedural safeguards — including chain of custody, expert testimony, and consent.
DNA evidence must be corroborated with other material evidence; it cannot be the sole basis unless in civil paternity disputes.
Privacy and bodily integrity concerns mean DNA sampling cannot be forced arbitrarily.
The pending DNA Technology Regulation Bill aims to further regulate the use and handling of DNA data in investigations.
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