Abdul Rahman T, School of Law, Christ (Deemed to be University)
ABSTRACT
The Idea of usage of DNA fingerprints in solving crime emerged in 1984, when this technique was utilised for identifying the accused who had raped two girls in Leicestershire. India adopted its usage in the 1990 and DR Lalji Singh is considered as the father of DNA Fingerprinting in India. DNA Profiling is used for the purpose of solving crimes as it’s a scientifically backed method of producing evidence in court of law. It is superior and provides more concrete outcome as compared to other forms of evidence. The advantage of DNA profiling is it can allow a person to prove with scientific certainty that he is innocent and also allows prosecution to strengthen their position as DNA evidence provides a clear picture. It can assist the criminal investigation for various crimes such as Murder, Rape, robbery, mutilation, etc. In India the Supreme Court has accepted the use of this technology and based its decision on it. Modern forensic scientists have advanced their crime related analysis of physical evidence with advances such as lasers, complex computer software programs and genetic engineering and physical evidence plays a dominant role in criminal proceedings. This technology has been applied in criminal procedure worldwide. In India this technology has been applied but there is no clarity concerning the legislations which governs the use of DNA profiling in administration of justice. CrPC and Indian Evidence Act to some extent provide legitimacy to its use in the criminal procedure. The article will particularly focus on the legality of the use of DNA Profiling in the criminal procedure for the purpose of solving the crimes, convicting and exonerating and how DNA profiling is used as forensic evidence by the Court and issues which arise with reference to the reliability and usage of DNA profiling in the criminal trials.
Keywords: Code of Criminal Procedure, DNA Profiling, investigation, Indian Evidence Act and Legality.
Comments