Use Of Forensic Science And Dna Evidence
I. FORENSIC SCIENCE AND DNA EVIDENCE
1. Meaning and Scope
Forensic science involves the application of scientific techniques to investigate crimes. DNA evidence is a crucial part of forensic science, allowing identification of suspects or victims through genetic material.
Key Areas of Forensic Science in Criminal Investigations:
Biological Evidence: Blood, saliva, hair, semen.
Chemical Analysis: Poisons, drugs, accelerants.
Ballistics: Firearm and bullet examination.
Fingerprints & Footprints: Latent print analysis.
Digital Forensics: Mobile phones, CCTV, computer systems.
DNA Profiling: Matching crime scene samples with suspects.
Legal Framework:
Indian Evidence Act, 1872: Sections 45 (opinion of experts), 46–51 (expert evidence).
CrPC, 1973: Sections 53 (medical examination), 174 (post-mortem).
DNA Technology (Use and Application) Regulation Bill, 2019 – regulates DNA databases.
II. LANDMARK CASES
1. State of Maharashtra v. Selvi & Ors. (2010)
Facts: Use of narco-analysis, polygraph, and brain mapping in a murder investigation.
Held: Supreme Court held that involuntary tests without consent violate Article 20(3) and 21.
Significance: Forensic techniques must respect constitutional rights; admissibility is only if voluntarily given.
2. State of Punjab v. Baldev Singh (1999)
Facts: Homicide investigation relied on blood and ballistic evidence.
Held: Court accepted forensic evidence as key proof linking the accused to the crime.
Significance: Reinforced the importance of scientific corroboration in criminal trials.
3. Tukaram S. Dighole v. State of Maharashtra (2010)
Facts: DNA from blood samples at crime scene used to identify accused.
Held: DNA evidence admitted and heavily relied upon for conviction.
Significance: Demonstrated DNA profiling as decisive evidence in criminal cases.
4. State of Rajasthan v. Kashi Ram (2006)
Facts: Multiple murders investigated using ballistic, tire mark, and DNA evidence.
Held: Court emphasized scientific evidence in establishing modus operandi and linking multiple crime scenes.
Significance: DNA + forensic analysis used for complex crime investigations.
5. Mithu v. State of Punjab (2012)
Facts: Sexual assault case where semen and blood samples were analyzed.
Held: Court accepted DNA match as conclusive evidence corroborating testimony.
Significance: Solidified DNA evidence as primary proof in sexual assault and homicide cases.
6. Dr. Subash K. v. State (2015)
Facts: Medical negligence leading to death; DNA tests conducted to identify the victim.
Held: Forensic and DNA analysis upheld as admissible evidence.
Significance: Extended DNA use beyond criminal to medico-legal cases.
7. State of Maharashtra v. Damu Gopinath Shinde (2005)
Facts: Acid attack resulting in death; chemical and DNA analysis conducted.
Held: DNA testing and chemical analysis were key in proving perpetrator identity.
Significance: Showed combined use of multiple forensic techniques.
III. PRINCIPLES FROM CASE LAW
Scientific evidence strengthens prosecution: DNA, ballistic, chemical analysis provide objective proof.
Constitutional safeguards: Narco, polygraph, or involuntary tests require consent (Selvi case).
Corroboration: Forensic evidence must be linked with circumstantial and testimonial evidence.
Chain of custody: Evidence collection, storage, and transport must be meticulously documented.
Admissibility: DNA evidence is admissible if collection and testing follow legal and scientific standards.
IV. SUMMARY TABLE
| Case | Year | Evidence Used | Principle |
|---|---|---|---|
| Selvi v. State | 2010 | Narco, polygraph | Consent essential; constitutional safeguard |
| Baldev Singh | 1999 | Blood, ballistics | Scientific corroboration strengthens prosecution |
| Tukaram Dighole | 2010 | DNA profiling | DNA as decisive evidence |
| Kashi Ram | 2006 | DNA, ballistics, tire marks | Forensics in complex crime linking |
| Mithu | 2012 | DNA (sexual assault) | DNA as primary proof |
| Dr. Subash K | 2015 | DNA | Medico-legal identification |
| Damu Shinde | 2005 | DNA, chemical | Combined forensic techniques |

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