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Evidentiary Value

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

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) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.199 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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DYING DECLARATION: AN INTERNATIONAL PERSPECTIVE

DYING DECLARATION: AN INTERNATIONAL PERSPECTIVE Ankit Kumar Yadav, 2nd Semester student pursuing LL.M (one year) at Central university of south Bihar (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.109 Dying declarations have a distinct and crucial place in criminal law, playing as an exception to hearsay evidence. it provides vital insights into the cause and circumstances behind a person’s death, often it is becoming key evidence in cases where the victim is unavailable or can’t be called to testify. It is based on the principle that a person facing imminent death is unlikely to lie. dying declaration are recognized across worldwide., in India it is codified under the Section 26(a) Bhartiya Sakshya Adhiniyam,2023 dying declaration carry significant weight and importance, that make it more admissible and reliable. Issues related to dying declaration are such as the declarant’s mental and physical condition, the potential for coercion, inconsistencies in statements, and the absence of cross-examination posing unique hurdles for the judicial system. This study examines and deals with the legal framework, evidentiary value, procedural requirements, and comparative perspectives of dying declarations, focusing and highlighting both their strengths and the precautions necessary to maintain fairness and justice in criminal trials.

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EVIDENTIARY VALUE OF FIREARM

EVIDENTIARY VALUE OF FIREARM Ashutosh Suman, Law Student, Chanakya National Law University, Patna. Download Manuscript ABSTRACT Firearms are integral to criminal investigations globally as ballistic analysis, residue tests and gun registration provide vital evidence. Forensic firearms examination involves studying firearm and bullet characteristics to establish links between individuals, weapons or crime scenes. Firearms serve as evidence in various crime scenes and help identify suspects, establish connections between crimes, and expose illicit networks. To recover fingerprints and restore serial numbers, forensic examination of firearms is conducted. Hidden prints can be revealed through super glue fuming while magnetic particle inspection together with chemical restoration can also bring back destroyed serial numbers. Serial number recovery is very important in tracing the history and ownership of a gun. Bullet examination investigates such class characteristics as surface attributes, diameter and rifling twist in order to aid identification of potential weapons. Individual characteristic are established through comparing known and questioned specimens using a comparison microscope. Firearms registration and ownership records assist law enforcement by holding these owners accountable for their guns and tracking their movements. However, there are challenges to this type of evidence which include use of illegal guns, modifications that erase off serial numbers; controversies with ballistics analysis etc. This therefore implies that addressing these challenges will require constant research into forensic techniques aimed at improving them. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 487-502. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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