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    Dna

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    Kaiser naz
    This document discusses the use of DNA profiling as forensic evidence in Indian courts. It begins with an introduction to DNA and how DNA fingerprinting has been used for criminal investigations since 1987. It then discusses the structure and analysis of DNA, as well as techniques used in DNA profiling. While DNA evidence can help solve crimes and exonerate the innocent, there is no clear legislation in India governing the collection and admissibility of DNA evidence in courts. Judges have issued conflicting rulings on admitting DNA evidence, and there remains a need to establish clear rules regarding the use of science and technology in the legal system. The document poses two research questions on the admissibility and constitutional validity of DNA profiling as forensic evidence in Indian courts.

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    Dna

    Uploaded by

    Kaiser naz
    231 views5 pages
    This document discusses the use of DNA profiling as forensic evidence in Indian courts. It begins with an introduction to DNA and how DNA fingerprinting has been used for criminal investigations since 1987. It then discusses the structure and analysis of DNA, as well as techniques used in DNA profiling. While DNA evidence can help solve crimes and exonerate the innocent, there is no clear legislation in India governing the collection and admissibility of DNA evidence in courts. Judges have issued conflicting rulings on admitting DNA evidence, and there remains a need to establish clear rules regarding the use of science and technology in the legal system. The document poses two research questions on the admissibility and constitutional validity of DNA profiling as forensic evidence in Indian courts.

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    critical anaysis of DnA

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    This document discusses the use of DNA profiling as forensic evidence in Indian courts. It begins with an introduction to DNA and how DNA fingerprinting has been used for criminal investigations since 1987. It then discusses the structure and analysis of DNA, as well as techniques used in DNA profiling. While DNA evidence can help solve crimes and exonerate the innocent, there is no clear legislation in India governing the collection and admissibility of DNA evidence in courts. Judges have issued conflicting rulings on admitting DNA evidence, and there remains a need to establish clear rules regarding the use of science and technology in the legal system. The document poses two research questions on the admissibility and constitutional validity of DNA profiling as forensic evidence in Indian courts.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    231 views5 pages

    Dna

    Uploaded by

    Kaiser naz
    This document discusses the use of DNA profiling as forensic evidence in Indian courts. It begins with an introduction to DNA and how DNA fingerprinting has been used for criminal investigations since 1987. It then discusses the structure and analysis of DNA, as well as techniques used in DNA profiling. While DNA evidence can help solve crimes and exonerate the innocent, there is no clear legislation in India governing the collection and admissibility of DNA evidence in courts. Judges have issued conflicting rulings on admitting DNA evidence, and there remains a need to establish clear rules regarding the use of science and technology in the legal system. The document poses two research questions on the admissibility and constitutional validity of DNA profiling as forensic evidence in Indian courts.

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    © All Rights Reserved
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    of 5

    A

    SYNOPSIS OF
    PROJECT WORK ON
    USE OF DNA PROFILING
    AS
    FORENSIC EVIDENCE IN
    INDIAN COURTS

    SUBMITTED TO: SUBMITTED BY:


    MISS AKRITI MATHUR KAISER NAZ
    FACULTY OF LAW LLM(regular)
    INTRODUCTION
    DNA stands for deoxyribonucleic acid, the strands of identity that living beings receive from
    their ancestors. Outside of identical twins, no two people have the same DNA pattern. DNA
    fingerprinting also has certain distinctive features. In 1987, the DNA fingerprinting was
    utilised as a tool for criminal investigation, to establish blood relations and trace medical
    history. Investigators would find "anonymous DNA" at the crime scene and compare it with
    the DNA of suspects for possible matches. The investigator would generally use a swab to
    collect bodily substances from a suspect's mouth to match it with DNA collected from the
    crime scene. Prior to the use of DNA, identification was heavily based on finger prints, foot
    prints, blood, or other evidence that a suspect may have left behind after committing a crime.
    The process of matching a suspect‟s DNA with DNA found at a crime scene has provided
    both law enforcement agencies and court officials with a higher probability of ascertaining
    the identity of offenders.

    DNA fingerprinting has been very useful for law enforcement, as it has been used to
    exonerate the innocent. Unlike blood found at a crime scene, DNA material remains usable
    for an endless period of time. DNA technology can be used even on decomposed human
    remains to identify the victims. Clinical trial and medical research has long been an
    important area of medical sciences as it has been referred to in large number of mythological
    and historical texts and scriptures.

    WHAT IS DNA:
    DNA is an organic substance i.e. the chemical basic of life, which is found in every cell
    found in every human body except red blood cells, which lose its with their maturity. This
    organic substance combining with protein forms the chromosomes, a thread like structure,
    responsible for carrying the genetic character from one person to its offspring.

    STRUCTURE OF DNA:
    The structure of DNA varies from individual to individual. DNA structure determines human
    character ,behaviour and body characterisation. Each individual, consequently, is unique,
    different from all other .In monozygotic twins, DNA structure is same because they come
    forth by the division of a single fertilized egg. Monozygotic twin are genetically identified.

    TECHNIQUES OF DNA PROFILING:


    The aim and of DNA profiling is to detect the differences among DNA samples taken from
    different individual .DNA profiling uses advanced techniques developed by molecular
    biologist to ‘home in’ on the area of DNA where there are differences among individual
    DNA fingerprinting /profiling techniques is of greatest advantage as it helps in –
    • Organ transplantation (in medical science )

    • Establishment of biological relationship of two or more person

    • Identifying missing children and in cases of child swapping

    • Post conviction of DNA testing for exoneration

    • To solve the paternity dispute

    • To solve the other criminal cases

    • The cases of inheritance or succession, adoption, maintenance of minor child, etc.

    PROSPECTS OF DNA FINGERPRINTING IN INDIA:


    The admissibility of the DNA evidence before the court always depends on its accurate and
    proper

    collection, preservation and documentation which can satisfy the court that the evidence
    which has been put in front it is reliable. There is no specific legislation which is present
    in Indian which can provide specific guidelines to the investigating agencies and the court,
    and the procedure to be adopted in the cases involving DNA as its evidence. Moreover, there
    is no specific provision under Indian Evidenced Act, 1872 and Code of Criminal Procedure,
    1973 to manage science, technology and forensic science issues. Due to lack of having
    any such provision, an investigating officer has to face much trouble in collecting
    evidenceswhich involves modern mechanism to prove the accused person guilty.

    Section 53 of Code of Criminal Procedure1973 authorizes a police officer to get the


    assistance of a medical practitioner in good faith for the propose of the investigation. But, it
    doesn’t enable a complainant to collect blood, semen etc for bringing the criminal charges
    against the accused.
    The amendment of Cr. P. C. by the Cr. P. C. (amendment) Act, 2005 has brought two new
    sections which authorize the investigating officer to collect DNA sample from the body of the
    accused and the victim with the help of medical practitioner. These sections allow
    examination of person accused of rape by medical practitioner and the medical
    examination of the rape victim respectively. But the admissibility of these
    evidences has remained in a state of doubt as the opinion of the Supreme Court and various
    High Courts in various decisions remained conflicting. Judges do not deny the scientific
    accuracy and conclusiveness of DNA testing, but in some cases they do not admit these
    evidences on the ground of legal or constitutional prohibition
    and sometimes the public policy.
    There is an urgent need to re-examine these sections and lows as there is no rule present in
    the Indian Evidence Act, 1872 and Code of Criminal Procedure, 1973 to manage science and
    technology issue
    RESEARCH QUESTION:

    1: WHETHER DNA PROFILING IS ADMISSIBLE AS FORENSIC


    EVIDENCE IN INDIAN COURTS?

    2: WHAT IS THE CONSTITUTIONAL VALIDITY OF DNA


    PROFILING AS FORENSIC EVIDENCE?

    HYPOTHESIS:
    It is important to create a balance between the constitutional rights of
    an individual and the public interest and bring accountability and
    transparency to the practice of DNA collection and testing.
    BIBLIOGRAPHY

    PRIMARY:
    1.B.S NABAR,FORENSIC SCIENCE IN CRIME
    INVESTIGATION
    SECONDARY:
    2.http://lawcommissionofindia.nic.in/reports/Report271.
    pdf
    3.http://shodhganga.inflibnet.ac.in/bitstream/10603/702
    32/8/chapter4.pdf

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