LIJDLR

ROLE OF DNA PROFILING IN FORENSIC SCIENCE UNDER THE CRIMINAL JUSTICE SYSTEM

Appoorvaa S, LL.M (Criminal Law and Criminal Justice Administration), 4th Semester, Student at School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai (India)

DNA profiling is one of the most significant developments that have transformed the area of forensic science, providing a highly reliable method of identification of humans. DNA profiling in criminal investigation is greatly helping various law enforcement agencies to identify criminals, whether guilty or innocent. In India, DNA evidence is increasingly being used in serious criminal cases such as murder, sexual assault, and paternity, indicating that DNA profiling is gaining importance as evidence in the criminal justice system. This article aims to critically examine the importance of DNA profiling in forensic science and law, specifically with regard to its evidentiary value under the Indian legal system. Furthermore, this article attempts to examine the scientific basis of DNA profiling and its admissibility as evidence under various provisions of law such as the Bharatiya Sakshiya Adhiniyam, 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023. The paper further delves into important judicial pronouncements such as Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik and Krishan Kumar Malik v. State of Haryana, which have also helped in building the legal framework surrounding DNA evidence in India. Furthermore, this article addresses the legislative vacuum left by the withdrawal of the DNA Regulatory Bill and the privacy risks posed by the Criminal Procedure (Identification) Act, 2022. Although DNA profiling is the most accurate method for identification, the increasing trend of using this technology also gives rise to serious legal and ethical issues in relation to privacy, consent, and the possible misuse of genetic information. The lack of an effective legal framework in this regard makes it even more complex. The article concludes that even though DNA Profiling is an essential element in the current criminal investigation system, its use must be regulated in such a manner that a proper balance is achieved in effective law enforcement and the protection of fundamental human rights.

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Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 1207–1249.
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