Admissibility of DNA profiling evidence in criminal trials in India a comparative study with specific reference to legal systems of united states of america and england

Abstract

The use of Forensic technique of DNA profiling now constitutes a standard element of the system of Law Enforcement, and the findings of DNA testing are often acceptable in the proceedings of Legal cases. Despite newlinethe fact that they first relied on Expert Testimony based on DNA Evidence, the Courts in India have come to acknowledge DNA Evidence as both a fact that is significant to the case as well as proof that is conclusive. On the other hand, the scope of guilt that is capable of being concluded from a seeming match between samples is a topic of on-going debate. In most cases, it will newlinemerely be capable to locate the position of a suspect in relation to the site of the Crime. The uncritical acceptance of this Forensic Evidence as the objective answer to the challenge of determining the identity of a criminal raises the potential for scientific appropriation of the Criminal Justice system. newlineIn the vast majority of contested Legal proceedings involving Criminal offenses, the issue at hand is not one of identification but rather one of Intent or Mens-Rea, and DNA Evidence is irrelevant in this regard. Additionally, it is imperative to create a Regulatory framework which controls how the newlineForensic technique of DNA Profiling is used and applied with the objective to ensure its methodical and organized implementation. In light of this, it is very important to make rules about DNA Profiling that will only allow it to be used for Legal investigations. In an effort to regulate DNA profiling in the newlinecountry, the DNA Technology (Use and Application) Regulation Bill 2019 has been proposed. The emphasis of this study, is the particular difficulties experienced by the Indian Judicial system as a consequence of introducing this novel Forensic technique into the Criminal Proceedings, and the research aims to examine the evolution and use of DNA profiling in India.