Title: Unravelling the legal conundrum of DNA profiling in India: an analysis of its adoption, implementation and unresolved issues

Authors: D. Sankar

Addresses: VIT School of Law, Vellore Institute of Technology – Chennai, Tamil Nadu, 600127, India

Abstract: DNA profiling has transformed criminal justice by helping identify defendants. DNA profiling is an art that uses genetics to identify people. Recently, DNA profiling has helped solve crimes. Scientists can now decipher the DNA code and compare DNA samples to find similarities and differences, which have helped courts convict or acquit criminals. The Indian Evidence Act 1872 and Criminal Procedure Act 1973 govern DNA evidence admissibility and significance. DNA profiling has been a helpful technology in law investigation since it has the potential to both secure just punishments and exonerate innocent people. Moreover, DNA profiling, in contrast to other forms of scientific evidence, is simple to acquire and durable, thus enhancing the likelihood of a correct analysis. Human DNA profiling must be regulated and limited to legal uses. The DNA Technology Regulations Bill 2019 regulates DNA profiling in India. This study attempts to explain India's DNA profiling justice system dilemma. The uniqueness of DNA profiling and its use in criminal investigation to reveal grey zones that lead to miscarriage of justice.

Keywords: Criminal Procedure Code; CrPC; constitutional law; DNA profiling; genetic makeup; National Registry of Exonerations; NRE; evidence law; forensic science; justice system; technology; India.

DOI: 10.1504/IJEF.2024.139590

International Journal of Electronic Finance, 2024 Vol.13 No.3, pp.336 - 351

Received: 28 Jan 2023
Accepted: 25 Mar 2023
Published online: 04 Jul 2024 *

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