ISSN : 2663-2187

Forensic Use of DNA Profiling in Indian Criminal Justice System: A Critical Analysis

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Shivangi Dipakkumar Vyas
ยป doi: 10.48047/AFJBS.6.15.2024.9903-9916

Abstract

In the recent era of technological development DNA profiling has revolutionised the criminal justice delivery system by providing accurate and authentic methods of identification of individuals. Despite its widespread application in various countries, the use of DNA evidence in the Indian criminal justice system faces several legal, procedural, and ethical challenges. However, with the change in time, the Indian criminal justice system has evolved to the aspect of inclusion of forensics and technology. The legislation has recently introduced three criminal laws governing the area of forensic investigation, whereby under the provision of section 176(3) of Bharatiya Nagarkar Suraksha Sangita, 2023 in all the offences punishable with the imprisonment of seven years or more, it is now mandatory that the crime scene is being examined by the forensic expert. Though the said introduction has led the country towards positive changes however, certain areas are yet to be answered or governed through the specified act. One of which is the concept of DNA profiling. Though the DNA Technology Bill, 2019 has not been able to attend its finality in the Houses of Parliament due to the concerns of right to privacy and right against self-incrimination, the legislature has successfully introduced Criminal Identification Act, 2022 whereby the aspect of collection and storage of DNA data of arrested persons or convicts is indirectly covered. However, the requirement of a detailed Legal framework regarding the same is required. This study revolves around the critical examination of the concept of DNA profiling in India and its future prospect in criminal justice administration.

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